1. About these terms
These Terms of Service (“Terms”) govern your use of DigitalMarketingKing (the “Service”), provided by Suthar Technologies, Mumbai, Maharashtra, India, India (“we”, “us”).
By creating an account or using the Service you agree to these Terms and confirm that you have read our Privacy Policy. If you use the Service for a business or agency, you agree on its behalf and confirm that you are authorised to do so; “you” then means that business. You must be at least 18 years old.
2. The service
DigitalMarketingKing is online software that connects to your marketing accounts, audits them, recommends improvements and, when you approve, carries out those improvements through the official APIs of the platforms you connect.
- The Service includes modules for SEO, analytics, advertising, local listings, social media, content, WhatsApp, leads and outreach, and reporting. Features are added over time; some depend on approvals from third-party platforms, and some may change or be withdrawn.
- We will try to give reasonable notice before removing a feature you rely on, but we do not promise any particular feature will be available.
- We may perform maintenance that briefly interrupts the Service. We try to schedule it at quiet times.
3. Accounts and workspaces
- Give accurate information and keep it up to date.
- Keep your password secret and tell us straight away at support@34-100-232-26.sslip.io if you suspect someone else has access to your account.
- An organisation can have several workspaces (for example one per brand or client) and several members with different roles. Owners and admins are responsible for who they invite and what role they give them.
- You are responsible for everything done through your account and by the members of your organisation.
4. Connected platforms
- When you connect an account (for example Google Analytics, Search Console, Google Ads, Business Profile, Facebook, Instagram, WhatsApp, Meta Ads or LinkedIn), you authorise us to access it through the platform’s official authorisation and to act on it as described in these Terms and in the app.
- You confirm that you own each account you connect or are authorised by its owner to connect it and to approve changes to it.
- Each platform has its own terms and policies, which continue to apply to you, including the Google Ads policies, Meta’s Terms and Community Standards, the WhatsApp Business Messaging Policy and LinkedIn’s User Agreement. You are responsible for complying with them.
- You can disconnect any account at any time in the app or from the platform’s own settings.
- Owners and admins can add API keys and passwords for other services (for example DataForSEO, Anthropic, Brevo, Apollo, WordPress or Shopify). You confirm you are allowed to use those accounts with the Service, and charges from those services are yours. Where you have not added a key, we may use our own platform account for that service within your plan’s limits.
5. Approvals, autonomy and ad spend
- By default, the Service only recommends. A change is made in a connected account only when you (or a member of your organisation with the right role) approve it, or when you have explicitly enabled an autonomy setting that allows that kind of change to be applied automatically.
- You are responsible for the actions you approve and for the autonomy settings you choose. You can change those settings, or pause all automation for a workspace or your whole organisation, at any time.
- Whatever your settings, the Service never automatically increases spend, enables a campaign, sends a first message to new people (such as a first outreach email or a WhatsApp broadcast) or deletes anything.
- Some features send messages as their purpose once you switch them on, for example the WhatsApp assistant replying inside an existing conversation, or the next steps of an email sequence you approved going to contacts already enrolled in it. Switching such a feature on is your approval of those sends, until you switch it off.
- New ad campaigns created through the Service are created paused and only go live when you enable them.
- Ad spend is yours. Advertising platforms charge you directly for your ads. Spend caps and alerts in the Service are safeguards, not guarantees: platforms can spend above a daily budget, report data late, or apply changes with a delay. Keep your own billing limits on each ad platform.
- Platform charges such as ad spend, WhatsApp message fees and data-provider fees for your own accounts are separate from our fees.
- Every action is recorded in your workspace audit log. Where a platform allows it, the Service keeps the information needed to undo a change and offers Undo for 7 days, but some changes (such as a message that has been sent or a post that has been published) cannot be undone.
6. AI output
- Recommendations, analyses, reports and content are produced with the help of AI models. They can be inaccurate, incomplete or unsuitable for your business.
- Review AI output before you approve it. You are responsible for checking that content is accurate, lawful and appropriate, especially claims about products, prices, health, finance or results.
- We do not guarantee any particular outcome, such as rankings, traffic, leads, sales or return on ad spend.
- As between you and us, you own the output generated for your workspace, subject to the rights of third parties and the terms of the platforms you publish on.
7. Acceptable use
You must not use the Service, or help anyone else use it, to:
- post, buy, sell, incentivise or generate fake reviews, or review your own business or a competitor’s;
- send spam or unsolicited bulk messages, or message people on WhatsApp or by email without the consent the law and the platform require; you must honour opt-outs;
- break the terms or policies of Google, Meta, WhatsApp, LinkedIn or any other connected platform, including by automating actions those platforms do not allow (for example automated LinkedIn connection requests);
- promote products or services that WhatsApp’s Commerce Policy or the relevant platform prohibits, or anything illegal;
- publish false, misleading or deceptive content, or infringe anyone’s intellectual property, privacy or other rights;
- process personal data without a lawful basis, including under the DPDP Act and the GDPR where they apply;
- access or attempt to access another customer’s data, probe or break our security, or overload the Service;
- scrape, copy, reverse engineer or resell the Service, or use it to build a competing product, except as the law expressly allows;
- share your login with people outside your organisation.
Our Acceptable Use Policy explains these rules in more detail and forms part of these Terms. We may remove content, block actions or suspend accounts that break them (see section 13).
8. Your data
- You own your data. “Customer Data” means the data you or your connected accounts put into the Service. You keep all rights to it.
- You give us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy.
- For personal data about your own customers and contacts, you are the controller or Data Fiduciary and we are your processor or Data Processor. You are responsible for having a lawful basis, giving any notices required and collecting any consent needed, including opt-in before WhatsApp messages and a lawful basis for outreach emails. Our Data Processing Agreement applies to that data and forms part of these Terms.
- We do not sell Customer Data, use it for advertising, or use it to train generalised AI models.
- You can export or delete your data as described in the Privacy Policy and on our Data Deletion page.
9. Our intellectual property
The Service, including its software, design, templates and documentation, belongs to Suthar Technologies and its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your account is active. If you send us feedback or suggestions, we may use them without any obligation to you.
10. Fees, taxes and billing
- Current prices are on our pricing page. The fees that apply to you are those shown when you subscribe.
- New organisations can try the Growth plan free for 14 days without a payment method. At the end of the trial you choose a paid plan or continue on the Free plan.
- Fees in Indian rupees are exclusive of GST, which is charged at the applicable rate (currently 18%) and shown on a GST invoice. Payments in India are processed by Razorpay. Fees in US dollars apply to customers outside India and are processed by Stripe; applicable taxes are added at checkout or are your responsibility.
- Paid plans are billed in advance for each monthly or yearly period and renew automatically until cancelled. You can cancel at any time and the plan stays active until the end of the period you have paid for. Upgrades are prorated; downgrades take effect at the end of the current period.
- The Agency plan includes 10 client workspaces. Additional client workspaces are charged at the price shown, and the app asks you to confirm before you add one.
- Except as set out in our Refund and Cancellation Policy or where the law requires otherwise, fees already paid are non-refundable.
- We will give you at least 30 days’ notice of a price increase for your plan. If you do not agree, you can cancel before it takes effect.
- If a payment fails, we tell you and may make your organisation read-only after 14 days (no new jobs run, but your data is kept and can be exported), and cancel the subscription after 30 days. We do not delete data automatically because of a failed payment.
- The Free plan has usage limits and may be changed or discontinued with reasonable notice.
11. Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only for the purposes of these Terms and protect it with reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law (with notice where allowed).
12. Third-party services
The Service depends on third-party platforms and APIs that we do not control. They may change, limit or stop their APIs, or decline or withdraw approvals, which can affect features of the Service. We are not responsible for third-party platforms, their availability or their actions on your accounts.
13. Suspension and termination
- You can stop using the Service and delete your account at any time.
- We may suspend or limit your access, with notice where reasonable, if you break these Terms, if your use creates a security or legal risk, or if a platform requires it. We may terminate your account for serious or repeated breaches.
- We may end the Service as a whole with at least 30 days’ notice and a pro-rata refund of prepaid fees for the unused period.
- When your account ends, we revoke our access to your connected accounts and delete your data as described in the Privacy Policy. Ask us before then if you need a copy.
- Sections that by their nature should continue (such as 8, 9, 11 and 14 to 19) survive termination.
14. Disclaimers
To the extent the law allows, the Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted or error-free, that it will meet every need, or that recommendations will produce particular results. Nothing in these Terms excludes rights you have under law that cannot be excluded.
15. Limitation of liability
- To the extent the law allows, neither of us is liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, data or goodwill.
- We are not liable for ad spend, fees or results arising from changes you approved or allowed through your autonomy settings, or from the actions of third-party platforms.
- Our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- These limits do not apply to liability that cannot be limited by law, or to fraud.
16. Indemnity
You will compensate us for reasonable losses and costs arising from third-party claims caused by your content, by actions you approved or allowed in the Service, or by your breach of these Terms or of a connected platform’s policies.
17. Changes to the Service and these Terms
We may update these Terms from time to time. We will post the new version here and, for significant changes, tell you by email or in the app at least 15 days before they take effect. If you keep using the Service after that, the new Terms apply. If you do not agree, you can stop using the Service and close your account.
18. Governing law and disputes
These Terms are governed by the laws of India. Subject to any rights you have under the consumer or data protection laws of your country, the courts at Mumbai, India have exclusive jurisdiction over any dispute arising from these Terms or the Service. Before going to court, please contact us so we can try to resolve the issue informally.
19. General
- These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Data Processing Agreement, the Refund and Cancellation Policy and any order you sign with us, are the entire agreement between us about the Service.
- If any part of these Terms is found unenforceable, the rest stays in effect.
- If we do not enforce a right straight away, we have not given it up.
- You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
- Neither of us is responsible for delays caused by events beyond reasonable control.
- We send notices to the email address on your account. You can send notices to hello@34-100-232-26.sslip.io.
20. Contact
- General questions: hello@34-100-232-26.sslip.io
- Support: support@34-100-232-26.sslip.io
- Privacy: privacy@34-100-232-26.sslip.io
- Post: Suthar Technologies, Mumbai, Maharashtra, India, India