Terms of Service & Binding Client Agreement

1. Strict "As-Is" & "As-Available" Disclaimer of All Warranties

ALL SERVICES, DELIVERABLES, CUSTOM CODE, VIDEO EDITS, MARKETING STRATEGIES, CONSULTATIONS, AND DIGITAL ASSETS PROVIDED BY NEWTECHPRIVACY ARE FURNISHED STRICTLY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWTECHPRIVACY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

No Performance or Revenue Guarantees: We make zero guarantees or promises regarding specific financial returns, Google Page-1 search rankings, click-through rates, conversion volumes, advertising ROAS, sales figures, or third-party platform monetization outcomes. Marketing and software outcomes inherently depend on market variables, client sales execution, and third-party algorithmic policies beyond our control.

2. Absolute Limitation of Liability & Maximum Cap

UNDER NO CIRCUMSTANCES SHALL NEWTECHPRIVACY, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, OR REPUTATION LOSS), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM AGGREGATE LIABILITY CAP: IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF NEWTECHPRIVACY EXCEED THE TOTAL ACTUAL AMOUNT PAID BY THE CLIENT TO THE AGENCY IN THE FORTY-EIGHT (48) HOURS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO LIABILITY, OR ₹5.0000 INR (WHICHEVER IS LESS). THIS LIMITATION CONSTITUTES A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

3. Mandatory Binding Arbitration & Class Action Waiver

Waiver of Jury Trial & Class Proceedings: YOU EXPRESSLY WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, COLLECTIVE PROCEEDING, MASS ARBITRATION, OR REPRESENTATIVE LITIGATION AGAINST NEWTECHPRIVACY.

Any controversy, claim, or dispute arising out of or relating to these Terms or our services shall be resolved exclusively through final and binding individual arbitration conducted under the Arbitration and Conciliation Act, 1996 of India (or international UNCITRAL rules for cross-border clients). The arbitration shall be conducted by a single sole arbitrator appointed mutually by the Agency. The seat, place, and venue of arbitration shall be exclusively Varanasi, Uttar Pradesh, India, and proceedings shall be conducted solely in the English language.

4. Strict 48-Hour Statute of Limitations (Absolute Time Bar)

ANY CLAIM, DISPUTE, DISCREPANCY, OR CAUSE OF ACTION BROUGHT BY CLIENT ARISING OUT OF OR RELATED TO THESE TERMS, INVOICES, DELIVERABLES, OR SERVICES MUST BE FORMALLY SUBMITTED IN WRITING AND FILED IN ARBITRATION WITHIN FORTY-EIGHT (48) HOURS AFTER THE CAUSE OF ACTION FIRST AROSE. FAILURE TO SERVE NOTICE AND FILE WITHIN SAID EXACT 48-HOUR PERIOD SHALL CONSTITUTE AN IRREVOCABLE WAIVER, TOTAL FORFEITURE, AND COMPLETE PERMANENT LEGAL TIME-BAR OF SUCH CLAIM.

5. Comprehensive Client Indemnification

Client agrees to defend, indemnify, and hold harmless NEWTECHPRIVACY, its officers, directors, contractors, and agents from and against any and all claims, damages, liabilities, losses, judgments, fines, penalties, settlements, and expenses (including attorney's fees and legal costs) arising out of or related to:

• Any raw assets, text, trademarks, scripts, images, audio, or video footage supplied by Client (including any copyright, trademark, or privacy infringement claims).
• Client's failure to maintain regulatory compliance for its products, medical claims, financial disclosures, or consumer advertising laws.
• Any disputes, refunds, or liabilities between Client and Client's end-users or customers.
• Client's violation of any third-party terms of service (Meta Ads, Google Ads, Stripe, Razorpay, YouTube).

6. Strict No-Refund Policy & Chargeback Penalty

All upfront deposits, milestone payments, consulting retainers, and course enrollments are 100% FINAL AND NON-REFUNDABLE under all circumstances once engineering, design, or video sprint resources have been scheduled or mobilized.

Chargeback Prohibition: Client explicitly waives all rights to initiate merchant payment disputes or chargebacks through banks or payment gateways. Any fraudulent or unilateral chargeback initiated by Client shall incur an immediate administrative penalty of ₹25,000 INR ($500 USD) plus all associated legal recovery fees, and will result in immediate termination of all hosted services and licensing rights.

7. Intellectual Property Reservation & Deemed Acceptance

Full ownership rights in custom project deliverables transfer to Client ONLY AFTER 100% OF ALL INVOICED FEES HAVE BEEN RECEIVED AND CLEARED IN FULL. NEWTECHPRIVACY reserves the right to immediately revoke and shut down any live digital assets if invoices remain unpaid past the due date.

24-Hour Deemed Acceptance: Milestone previews and delivered code/assets are deemed 100% unconditionally accepted, complete, and approved if no consolidated written revision requests are received within twenty-four (24) hours of initial electronic dispatch or staging deployment.

8. Non-Disparagement, Severability & Entire Agreement

Client agrees not to post, publish, or disseminate any defamatory, disparaging, or negative reviews, statements, or social media commentary against NEWTECHPRIVACY or its staff.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, such invalidity shall not affect any other provision, and the remaining terms shall continue in full force and effect.

9. Governing Law & Exclusive Jurisdiction

This Agreement and all related matters shall be governed exclusively by the laws of India, without regard to conflicts of law principles. Subject to the mandatory arbitration clause above, the competent courts located in Varanasi, Uttar Pradesh, India shall have exclusive jurisdiction over any proceeding.