Terms of Service

These Terms of Service (the "Agreement" or "Terms") constitute a legally binding agreement made between WebITUP Agency, owned and operated by Sanskar Sharma ("WebITUP", "we", "us", or "our") and you, whether personally or on behalf of an entity ("Client", "User", or "you"), concerning your access to and use of our website (webitupp.online), our custom web dashboards, our email marketing Visual Composer tools, booking platforms, and all related digital services (collectively, the "Services").

By accessing our Services, signing a project contract, registering an admin account, or using our visual campaign dashboard, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms, you are explicitly prohibited from using our Services and must discontinue use immediately.

We recommend that you print or save a copy of these Terms for your records. The Services are intended for users who are at least 18 years of age. Individuals under the age of 18 are not permitted to register for accounts or request WebITUP Services without verified parental/guardian consent.

WebITUP operates as a boutique web design and software engineering agency. Our digital services portfolio includes, but is not limited to:

• Custom website design & performance optimization (e.g., custom Next.js deployment).
• SaaS application design, payment gateway configuration (e.g., Stripe, Razorpay), and database architecture.
• Online booking, appointment coordination portal integration (e.g., Calendly API, scheduling systems).
• Admin dashboard environments with visual email editors, campaign tracking, database integrations, and metrics visualizations.
• Search Engine Optimization (SEO) management, schema injections (JSON-LD), and Google Business Profile indexing support.
• Technical maintenance contracts, server migration, domain configurations, and site health audits.

All project deliveries are governed by a specific Statement of Work (SOW) or project proposal mutually agreed upon during client onboarding. Any additions, adjustments, or revisions requested after the finalization of the SOW constitute out-of-scope work and will be subject to our standard hourly development rates.

For specific dashboard services, you may be issued or required to create administrative user accounts. You agree to provide accurate, current, and complete registration information during account creation.

You must immediately notify WebITUP at security [at] webitupp [dot] online if you suspect any unauthorized access to your account, password leaks, dashboard compromises, or security breaches. WebITUP will not be held liable for any loss, damage, or data leakage resulting from your failure to protect your login credentials.

To ensure transparency, we distinguish between pre-existing codebase components and custom client deliverables:

WebITUP Proprietary Code (WebITUP IP)

WebITUP retains sole and exclusive ownership of all right, title, and interest in and to our proprietary components, pre-existing software scripts, database connectors, email layout algorithms, visual builder components, custom code libraries, and generic design themes created prior to or independent of your project (collectively, "WebITUP IP").

We grant you a non-exclusive, non-transferable, royalty-free, perpetual license to use, run, and display WebITUP IP solely as integrated within your project. You are strictly prohibited from copying, distributing, packaging, sub-licensing, or selling WebITUP IP as a standalone software product or library.

Custom Client Deliverables

Upon the complete settlement of all outstanding project invoices, client-specific design components, custom graphic layouts, proprietary code modules written exclusively for your project, branding assets, custom copy, and database schemas will be fully transferred to you ("Client Ownership").

You retain ownership of all content, branding logos, client databases, images, and text uploaded to your platform. You grant WebITUP a limited, royalty-free, worldwide license to display screenshots or videos of the completed project in our public portfolio, case studies, and showcase marketing materials.

You agree that you will not use our Services, server architectures, or dashboard software for any unlawful or unauthorized purpose. Prohibited activities include, but are not limited to:

• Attempting to bypass, disable, or interfere with security features, credentials checking systems, or billing limits of the WebITUP application.
• Reverse-engineering, decompiling, or attempting to discover the source code of any proprietary WebITUP dashboard tools.
• Using automated tools (such as bots, scrapers, indexers, spiders, or scripts) to crawl, extract, index, or harvest data from our Services without our express written permission.
• Injecting malicious software, viruses, trojans, worms, logic bombs, or SQL injections into our database portals or website architectures.
• Utilizing our web services, contact forms, or email composers to distribute spam, unauthorized promotional schemes, or run malicious phishing operations.
• Engaging in load testing, automated query flooding, or distributed denial-of-service (DDoS) campaigns designed to overload or crash our server endpoints.

If your WebITUP dashboard configuration includes visual email composing, contact indexing, and newsletter dispatch tools, you are subjected to rigorous compliance standards. You must strictly adhere to the rules outlined below.

Required Sending Protocols

Every user sending email campaigns through our systems must enforce the following:

• Explicit Opt-in Consent: You may only send marketing emails to individuals who have actively, knowingly, and explicitly consented to receive emails from you. This consent must be verifiable. You are strictly forbidden from uploading, buying, renting, or trading list databases acquired from third parties.
• True Headers & Honest Subjects:Your email headers must identify the sender clearly. The "From" address, "Reply-To" address, and visual name must reflect your true company identity. Subject lines must accurately describe the content of the message, without deceptive prefixes (like "Re:" or "Fwd:") or misleading claims.
• Unsubscribe Links: All commercial, educational, or marketing emails must contain a clear, prominent, and operational unsubscribe option at the footer of the email. Unsubscribe requests must be executed by your systems automatically and without cost to the recipient within 5 calendar days of request.
• Physical Location: You must include a valid physical address, postal address, or registered office location in the content footer of every commercial email you dispatch.

Spam Monitoring & Account Suspension

WebITUP coordinates with ISPs, delivery nodes (e.g., Resend, SendGrid, Amazon SES), and reputation agencies to monitor mail deliveries. If your sending account exhibits:

• A bounce rate exceeding 5.0% on any single list dispatch,
• A spam complaint / abuse report rate exceeding 0.1% (1 complaint per 1,000 sent emails),
• Or if your domain or IP is blacklisted by standard monitoring services (e.g., Spamhaus, Barracuda, Spamcop),

WebITUP reserves the right to immediately suspend your email campaign capabilities, freeze admin permissions, or terminate your dashboard access entirely without notice, liability, or refund.

To the maximum extent permitted by applicable law (including provisions under Section 43A and Section 79 of the Indian IT Act, 2000), WebITUP, its partners, developers, employees, directors, or suppliers shall not be liable for any indirect, special, incidental, consequential, reliance, or punitive damages. This includes, without limitation, losses related to:

• Loss of business profits, revenue, or contract value.
• Loss of database records, contacts, customer information, or proprietary files.
• Business operations downtime or commercial interruptions.
• Cost of substitute digital services or software maintenance.

In no event shall WebITUP's total, collective aggregate liability for all claims, disputes, damages, losses, or legal causes of action (whether under contract, tort, negligence, or strict liability) exceed the total amount paid by you to WebITUP for the specific Services during the three (3) month period immediately preceding the event that gave rise to the liability.

You agree to indemnify, defend, and hold harmless WebITUP, its affiliates, directors, and developers from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) resulting from or arising out of: (i) your use of our Services, (ii) your violation of these Terms, (iii) any spam complaints, IP blacklists, or anti-spam regulatory violations triggered by your campaign dispatches, or (iv) your infringement of any intellectual property rights of third parties.

Our Services, dashboard software, and custom deliverables are provided on an "As-Is" and "As-Available" basis, without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Third-Party Dependencies Disclaimer: WebITUP projects rely on high-performance hosting platforms, database clusters, and third-party APIs (such as Vercel, Supabase, Cloudflare, Calendly, Stripe, and Google Maps API). WebITUP is not responsible for, and disclaims all liability for, outages, database timeouts, server downtime, billing locks, API contract changes, or service terminations initiated by these third-party operators.

SEO Ranking Disclaimer: While WebITUP constructs applications with strict technical SEO optimization (high Lighthouse scores, structured JSON-LD schemas, responsive layouts, fast page loads), we do not guarantee specific indexing speed, search term rankings, traffic volume, or conversion metrics on Google, Bing, or other search systems. Search algorithms are proprietary and subject to change outside our control.

These Terms, and all disputes, claims, or transactions arising from or related to the Services, shall be governed by, interpreted, and construed in accordance with the laws of India, without regard to conflict of law principles.

Dispute Resolution Process: In the event of a dispute, controversy, or claim arising out of these Terms or the project contracts, both parties agree to first engage in informal negotiations in good faith for at least thirty (30) calendar days.

If the dispute is not settled through informal negotiations, it shall be referred to and resolved by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be Gangtok, East Sikkim, Sikkim, India. The arbitration tribunal shall consist of a single arbitrator mutually appointed by both parties. The language of the arbitration shall be English, and the costs of arbitration shall be shared equally unless the arbitrator dictates otherwise.

These Terms of Service will remain in full force and effect while you utilize WebITUP's Services or maintain active administrative credentials.

• Suspension for Non-Payment: WebITUP reserves the right to suspend development progress, restrict dashboard access, pause hosting coordination, or halt maintenance services if invoices remain overdue for more than fifteen (15) calendar days from the issued payment date.
• Termination for Cause: We may terminate or suspend your admin accounts and block your access to the visual dashboards immediately, without prior notice or liability, if you violate any provision of these Terms. This includes engaging in anti-spam compliance violations, launching unauthorized web scrapers, or sharing dashboard credentials with unauthorized third parties.
• Survival: Upon termination of this Agreement or your project, all provisions that by their nature should survive will survive, including intellectual property provisions, liability limitations, warranty disclaimers, governing law, and arbitration clauses.

WebITUP reserves the right to amend, update, or modify these Terms of Service at any time. We will indicate changes by updating the "Last Updated" date at the top of this page.

For material revisions that significantly alter your rights, we will notify you by sending an email to the address registered on your admin profile, or by displaying a persistent modal notification inside your campaign dashboard at least ten (10) days before the amendments take effect.

Your continued use of or access to the Services following the posting of any changes constitutes your binding acceptance of the updated Terms of Service. If you do not agree to the modified terms, you must terminate your relationship with WebITUP and close your user accounts.

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to submit formal legal notices, please reach out to us at: