These Terms & Conditions (hereinafter referred to as the "Agreement") govern the relationship between the user (hereinafter referred to as "User" or "You") and LeapX, a service powered by TerraTrends Technologies Private Limited (hereinafter referred to as "LeapX", "We", "Us", or "Our"), a company duly incorporated under the Companies Act, 2013, having its registered office at Gurgaon, Haryana India.
By accessing or utilising the Services proffered by LeapX, you, the User, hereby accede to and accept these Terms & Conditions in their entirety, which establish a legally binding Agreement between you and TerraTrends Technologies Private Limited. This Agreement is unequivocal in its requirement for your compliance with all its stipulations, including any ancillary guidelines, policies, or subsequent amendments thereto, as may be promulgated from time to time by LeapX. Should you dissent with any part of the terms herein, you must forthwith discontinue access to and use of the Services. Your continued use of the Services following any amendments constitutes an unreserved acceptance of those changes. These terms are indispensable and non-negotiable for the initiation and perpetuation of your use of the Services provided by LeapX.
LeapX, through its operational entity TerraTrends Technologies Private Limited, assumes the role of a Data Fiduciary, thereby affirming its obligation to handle Personal Identifiable Information (PII) with the highest degree of care and in strict adherence to applicable data protection laws and regulations. The acquisition, retention, and computational analysis of PII are conducted solely for legitimate business functions which encompass, but are not limited to, the derivation of analytical insights, enhancement of campaign efficacy, and facilitation of targeted consumer engagement. It is incumbent upon LeapX to ensure that such PII is not disseminated to any rival commercial entities, thereby safeguarding the User's competitive position within the market.
The User hereby consents to such processing of PII, cognisant of the fact that the operational ambit of LeapX may necessitate the employment of PII in a manner that is congruent with both the objectives delineated herein and the overarching legal framework governing data privacy. This consent is predicated on the explicit understanding that the PII will not be commoditised or otherwise utilised in a manner that is antithetical to the User's vested interests or the proprietary nature of the data. Furthermore, LeapX is duty-bound to implement and maintain robust security protocols to prevent unauthorised access, disclosure, alteration, or destruction of PII, thereby ensuring its confidentiality and integrity. The User's provision of PII to LeapX constitutes an acknowledgment of and agreement to these terms, which are integral to the provision of the Services by LeapX.
In the realm of Campaign Management & Analytics, TerraTrends Technologies Private Limited, herein operating as LeapX, shall maintain exclusive custodianship over the Ad Accounts utilized for the orchestration of advertising campaigns. The User acknowledges that these Ad Accounts are the sovereign assets of TerraTrends Technologies Private, and access thereto for reading, editing, or any form of manipulation by the User is stringently proscribed. LeapX, in its commitment to transparency, shall provide the User with a detailed analytics dashboard via the LeapX application interface, which shall distill and display a comprehensive suite of campaign performance indicators.
The User shall be privy to analytical insights at regular intervals, encapsulating a spectrum of campaign metrics such as user engagement, conversion rates, and other pivotal performance data. These insights are predicated on the sophisticated algorithmic capabilities of LeapX, which harness a multitude of parameters and data points to refine and enhance the User's advertising endeavors.
Concomitant with the utilization of third-party advertising platforms, including but not limited to Facebook and Google Ads, the User bears the onus of adhering to all terms, conditions, policies, and guidelines as stipulated by these platforms. It is incumbent upon the User to acquaint themselves and remain in strict compliance with the prevailing terms and guidelines of these platforms, which are accessible and updated at the following URLs:
LeapX disclaims any liability for the User's non-compliance with the aforementioned third-party terms and conditions, and any resultant repercussions shall be borne solely by the User. The User's assent to LeapX's Campaign Management & Analytics services is an affirmation of their cognizance and acceptance of this responsibility, and such acceptance is integral to the contractual nexus between the User and LeapX.
In consideration for the Services rendered by LeapX, the User shall remit to TerraTrends Technologies Private Limited a composite fee ("Consideration"), which encapsulates the multifaceted costs associated with the execution and management of digital advertising campaigns. This Consideration is inclusive of, but not limited to, the direct costs incurred on media placements across various digital platforms such as Google, Facebook, Instagram, LinkedIn, TikTok, et al. ("Advertising Platforms"), as well as ancillary costs pertaining to data acquisition, technological infrastructure utilization, and deployment of human capital resources.
The User acknowledges that the Consideration also subsumes any subscription fees, whether levied on a monthly or annual basis, as per the subscription tier selected by the User at the time of engagement with the Services. The User shall be liable for the timely payment of the Consideration, which shall be computed in accordance with the prevailing rate card of LeapX, and any additional terms as may be specified in the User's service agreement.
The Consideration is structured as a blended rate, designed to provide the User with a simplified and predictable billing model, notwithstanding the variable nature of costs associated with programmatic advertising, data analytics, and other dynamic elements of the Services. The User shall be furnished with an invoice detailing the constituent elements of the Consideration, and payment shall be due within the timeframe stipulated therein.
LeapX reserves the right to revise the Consideration from time to time, subject to providing the User with reasonable notice of such revisions. Any adjustments to the Consideration shall be reflective of market conditions, cost escalations, or enhancements to the Services, and shall be communicated to the User in writing.
The User's engagement with the Services constitutes an irrevocable acceptance of the Consideration as a fundamental term of this Agreement. Failure to remit the Consideration in a timely manner shall constitute a material breach of this Agreement, and LeapX reserves the right to suspend or terminate the Services, in addition to pursuing any other remedies available under the law.
The User hereby represents and warrants to LeapX that they have attained the age of majority as per the Indian Majority Act, 1875, and are thus considered competent to contract within the meaning of the Indian Contract Act, 1872. By registering for and using the Services, the User affirms their legal capacity to enter into binding contracts, and further avers that they are not barred from receiving such services under the laws of India or other applicable jurisdiction.
The User is solely responsible for the confidentiality and security of their LeapX account credentials, including but not limited to the username and password. The User agrees to immediately notify LeapX of any unauthorized use of their account or any other breach of security. The User may be held liable for losses incurred by LeapX or any other user of the Services due to someone else using the User’s LeapX account as a result of the User’s failing to keep their account information secure and confidential.
The User understands that they are responsible for all activities that occur under their account and accepts all risks of unauthorized access. The User is advised to use a "strong" password (passwords that use a combination of upper and lower case letters, numbers, and symbols) for their account.
LeapX employs prudent security measures to protect the integrity and security of the User's data. However, LeapX cannot guarantee that unauthorized third parties will never be able to defeat those measures or use the User's personal information for improper purposes. The User acknowledges that they provide their personal information at their own risk.
The User agrees that their provision of any personal or proprietary information is voluntary and consents to the collection, use, processing, and disclosure of such information as set forth in LeapX’s Privacy Policy, which is incorporated herein by reference.
This clause shall survive any termination or expiration of this Agreement and shall continue to bind the User in perpetuity, where applicable under the provisions of relevant laws.
The User, upon entering into this Agreement, hereby covenants with LeapX that any and all data, including but not limited to Personal Identifiable Information (PII), proprietary business information, and consumer analytics (collectively, "Data"), which is collected, generated, or otherwise processed during the course of utilizing the Services, shall be employed strictly for legitimate business purposes. These purposes are to be explicitly declared and delineated during the User's onboarding process with LeapX and are to remain consistent with the representations made therein.
The User further undertakes to refrain from any sale, exchange, transfer, or any other form of dissemination of the aforementioned Data to third-party entities, unless such transfer is conducted in strict adherence to applicable data protection laws and is executed in the context of bona fide corporate transactions, which may include mergers, acquisitions, or business sales, and only where the recipient is bound by similar restrictive covenants regarding the use and confidentiality of such Data.
Moreover, the User is obligated to ensure that the Data is utilized in a manner that is congruent with the ethical standards and practices of the industry and is in compliance with all relevant legal and regulatory requirements. The User shall not engage in or permit any activities involving the Data that could be construed as unlawful, unethical, or in violation of the rights of any third parties.
In the event of any deviation from the aforementioned covenant, the User acknowledges that LeapX reserves the right to take appropriate remedial action, which may include the suspension or termination of Services, and to seek all remedies available by law for any damages incurred by LeapX as a result of such breach.
This covenant shall be binding upon the User and shall inure to the benefit of LeapX, its successors, and assigns. The User's obligations under this covenant shall survive the termination of this Agreement and shall remain in effect for as long as the User retains any Data derived from the Services.
The User acknowledges and agrees that any estimations, forecasts, or projections provided by LeapX, are predicated on a multitude of variables that are subject to change. These Projections are derived from algorithmic models and historical data, which, while formulated with due care, do not guarantee future performance and are inherently subject to market dynamics and unforeseen events.
LeapX provides these Projections to the User as a convenience and for informational purposes only. The User agrees that they shall not rely on these Projections as a promise or representation of future outcomes. LeapX expressly disclaims all liability for the accuracy, completeness, or timeliness of the Projections, and the User accepts all risks associated with the use of such Projections.
The User further agrees that LeapX shall not be held liable for any discrepancies, variances, or inaccuracies in the Projections, nor for any decisions made or actions taken by the User in reliance upon such Projections. The User shall indemnify and hold harmless LeapX from any claims, damages, or losses resulting from such reliance.
This disclaimer shall not negate or diminish the User's obligation to pay for the Services in accordance with the agreed-upon Consideration, as detailed in the preceding clauses of this Agreement. The User's acceptance of this disclaimer is a precondition to the provision of Services by LeapX and forms an integral part of the Agreement between the User and LeapX.
The User expressly understands and agrees that LeapX, and its parent company TerraTrends Technologies Private Limited, along with their directors, officers, employees, affiliates, agents, contractors, or licensors, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if LeapX has been advised of the possibility of such damages), resulting from the use or the inability to use the Services.
Notwithstanding any damages that the User might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of LeapX and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the User to LeapX for the Services during the one (1) month period prior to the act, omission, or occurrence giving rise to such liability, subject to applicable law.
The limitations, exclusions, and disclaimers in this section and elsewhere in this Agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive the User of any mandatory protections provided to them under applicable law.
Further, LeapX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LeapX’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The User acknowledges that the foregoing limitations of liability are an essential basis of the bargain between the User and LeapX and shall apply even if this Agreement has failed of its essential purpose. The User agrees that the limitations of liability set forth in this section will survive any termination or expiration of this Agreement and will continue in full force and effect.
The User covenants that they shall not engage in any conduct or action that is antithetical to the integrity, security, and operability of LeapX's Services. This proscription encompasses, but is not limited to, the following prohibited actions:
The User acknowledges that any breach of the aforementioned prohibitions may result in the immediate termination of their account and access to LeapX's Services, without prejudice to any legal remedies that LeapX or third parties may pursue. LeapX reserves the right to investigate and take appropriate legal action against anyone who, in LeapX's sole discretion, violates this provision, including, without limitation, reporting such User to law enforcement authorities.
The User acknowledges that all intellectual property rights in the Services, including but not limited to LeapX's software, algorithms, user interfaces, graphics, designs, compilations, information, databases, computer code, products, services, and all other elements of the Services provided by LeapX ("Intellectual Property") are owned by or licensed to TerraTrends Technologies Private Limited. These rights are protected by intellectual property laws both in India and internationally. The User's use of the Services does not grant them any rights to the Intellectual Property except for the limited license to use the Services as expressly set forth in this Agreement.
The User agrees to uphold the content standards of LeapX and to not upload, distribute, or publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. The User shall be solely responsible for the content they provide and the consequences of submitting and publishing their content on the Services.
The User further agrees to not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization. The User shall not use any content obtained from the Services for any commercial purposes without obtaining the express, prior written consent of LeapX.
The User warrants that any content they provide does not and will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The User also warrants that no content they submit contains or will contain libelous or otherwise unlawful, abusive, or obscene material. LeapX reserves the right to remove any content at any time without notice.
LeapX respects the intellectual property of others, and we ask our Users to do the same. Any infringement of the intellectual property rights of others will not be tolerated and may result in the termination of the User's account and access to the Services, as well as legal action being taken against the User.
This clause shall survive the termination of this Agreement and shall remain in full force and effect to protect the Intellectual Property rights of LeapX and its licensors. The User's obligations related to the Intellectual Property shall continue post-termination of this Agreement and shall be binding upon the User's heirs, successors, and assigns.
The User agrees to indemnify, defend, and hold harmless LeapX, its parent companyTerraTrends Technologies Private Limited, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User's breach of these Terms & Conditions or the documents they incorporate by reference, or the User's violation of any law or the rights of a third-party.
The User's indemnification obligation includes, but is not limited to, any liabilities or expenses arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, LeapX will provide the User with written notice of such claim, suit, or action.
The User shall cooperate as fully as reasonably required in the defense of any claim. LeapX reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the User, and the User shall not in any event settle any matter without the written consent of LeapX.
This indemnification obligation is to be construed to the fullest extent permitted by law and shall survive any termination or expiration of the User's account or use of LeapX's Services. The provisions of this clause are stipulated for the benefit of LeapX and its affiliates, each of which shall have the right to assert and enforce the provisions directly on their own behalf.
The User acknowledges that they are solely responsible for any data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("content") that they upload, post, publish, display, or otherwise make available (collectively, "submit") on or through the Services, and any consequences arising as a result thereof.
The User affirms, represents, and warrants that they own or have the necessary licenses, rights, consents, and permissions to submit the Content on the Services and to authorize LeapX and other users of the Services to use the Content in the manner contemplated by the Services and these Terms & Conditions.
The User retains all of their ownership rights in their Content. However, by submitting the Content to LeapX, the User hereby grants LeapX a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and LeapX's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
The User also hereby grants each user of the Services a non-exclusive license to access their Content through the Services, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Services and under these Terms & Conditions.
The User understands and agrees that LeapX may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. Further, LeapX and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of their Content that other users have stored or shared through LeapX.
The User agrees that they will not submit to the Services any Content or other material that is contrary to the LeapX community guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
The User understands that LeapX does not guarantee any confidentiality with respect to any Content they submit. The User agrees to indemnify and hold harmless LeapX and its affiliates against all claims, damages, or liabilities arising from the Content they submit.
The obligations under this clause shall survive the termination or expiration of this Agreement and shall remain in effect for as long as necessary to resolve any liabilities or obligations arising from the submission of Content by the User.
The User agrees to conduct themselves in a manner that is consistent with the standards of the LeapX community and in compliance with all applicable laws and regulations. The User shall ensure that:
The User's failure to comply with these content and conduct standards constitutes a breach of these Terms & Conditions and may subject the User to civil and criminal penalties. The obligations under this clause shall survive any termination or expiration of this Agreement and shall continue to bind the User.
The User agrees to indemnify, defend, and hold harmless LeapX, its parent company TerraTrends Technologies Private Limited, and its affiliates, along with their respective directors, officers, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions or any activity related to the User's account (including negligent or wrongful conduct) by the User or any other person accessing the Services using the User's account.
This indemnification obligation will include the User's responsibility to:
The User's obligation to defend and indemnify LeapX will survive the termination or expiration of these Terms & Conditions and the User's use of the Services. LeapX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, which shall not excuse the User's indemnity obligations.
LeapX reserves the right, at its sole discretion, to restrict, suspend, or terminate this Agreement and the User's access to all or any part of the Services, at any time and for any reason without prior notice or liability. LeapX may alter, suspend, or discontinue all or any part of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.
The User may cancel their account at any time by sending an email to an address provided by LeapX for this purpose. Upon termination of the User's account, their right to use the Services, access the website, and any Content will immediately cease.
The following provisions of these Terms & Conditions shall survive termination of the User's use or access to the Services: Intellectual Property, User-Generated Content Responsibility, Indemnification, Warranty Disclaimers, Limitation of Liability, and any other provision that by its nature should survive termination of the User's use or access to the Services.
Upon termination, LeapX shall have the right to delete all data, files, or other information that is stored in the User's account without further notice to the User. It is the User's responsibility to remove or download any Content they wish to keep before they cancel their account, as LeapX assumes no liability for any loss of data as a result of account termination.
The User agrees that any termination of their access to the Services may be effected without prior notice, and acknowledges and agrees that LeapX may immediately deactivate or delete their account and all related information and files in their account and/or bar any further access to such files or the Services. Further, the User agrees that LeapX shall not be liable to the User or any third-party for any termination of their access to the Services.
These Terms & Conditions constitute the entire agreement between the User and LeapX regarding the use of the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter. If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms & Conditions will remain in full force and effect. The failure of LeapX to enforce any right or provision of these Terms & Conditions will not be deemed a waiver of such right or provision.
For any queries or concerns regarding these Terms & Conditions or any issues related to the Services provided by LeapX, Users may contact LeapX through the following means:
LeapX Customer Support:
Legal Notices or Correspondence:
Users are encouraged to direct any legal notices or formal correspondence to the designated legal department address to ensure proper handling.
LeapX is committed to addressing User inquiries promptly and efficiently. For technical support, account issues, or service complaints, Users should utilize the customer support contact details. For legal matters, including notices or any communication pertaining to the Terms & Conditions, the specified legal contact information should be used.
Monday to Friday: 10:00 am – 18:00pm
Please note that any communications or notices sent outside of office hours will be attended to on the next business day.
Emergency Contact
In the event of an emergency that requires immediate attention, Users may use the emergency contact details provided on the LeapX platform.
LeapX aims to ensure that all communication channels remain open and accessible to Users for a seamless and responsive communication experience.
