Terms of Service

These Terms of Service ("Terms", "Agreement") govern your access to and use of the website located at oneskai.com (the "Site") and the digital marketing, strategic consulting, and related services (collectively, the "Services") provided by Oneskai ("Oneskai", "we", "us", or "our"), a brand operated by Zothenix Innovations Private Limited. By accessing the Site or executing a formal agreement to utilize our Services, you (the "Client", "User", "you") expressly agree to be bound by these Terms.

If you are accepting these Terms on behalf of a corporation, governmental organization, or other legal entity, you represent and warrant that you possess the requisite authority to bind such entity to this Agreement. If you do not agree with any provision of these Terms, you must immediately cease all access to the Site and refrain from utilizing our Services.

Oneskai provides strategic consulting, demand generation, search engine optimization (SEO), paid acquisition management (PPC), social media management, and custom marketing technology implementations.

• Performance Disclaimer: While we deploy industry-leading methodologies and data-driven strategies aimed at driving commercial growth, the digital ecosystem is inherently subject to external variables (e.g., algorithm updates by Google, policy changes by Meta, shifts in market demand). Accordingly, Oneskai expressly disclaims any warranties or guarantees regarding specific financial returns, targeted conversion rates, or guaranteed search engine rankings.
• Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our Services or Site functionality at our sole discretion, with or without prior notice, provided such modifications do not materially breach active, signed Service Level Agreements (SLAs) with current Clients.

To facilitate the optimal execution of our Services, the Client covenants and agrees to the following:

• Provision of Access: Client shall provide timely and secure access to necessary analytics platforms, content management systems (CMS), social media accounts, and advertising managers required for service execution.
• Material Ownership: Client represents and warrants that they possess lawful ownership or explicit operational rights over all brand assets, logos, copy, images, and data provided to Oneskai for the purpose of campaign execution.
• Cooperation: Client agrees to designate authorized personnel to review strategy proposals, provide requisite approvals, and supply feedback within commercially reasonable timeframes. Delays attributable to the Client may proportionately extend delivery timelines.

The allocation of intellectual property (IP) rights under this Agreement is strictly defined as follows:

• Pre-existing Assets & Methodologies: All proprietary frameworks, software code, analytical models, methodologies, and internal trade secrets developed by Oneskai independent of the Client engagement (collectively, "Oneskai IP") remain the exclusive, undivided property of Zothenix Innovations Private Limited.
• Custom Deliverables: Upon the receipt of full and final payment for the respective invoice, all specific, bespoke marketing creative, finalized ad copy, and localized content explicitly developed for the Client ("Deliverables") shall become the intellectual property of the Client.
• Promotional License: Regardless of the completion or termination of Services, Oneskai retains a perpetual, royalty-free, worldwide, non-exclusive license to feature excerpts of the Deliverables, campaign statistics (in anonymized formats if confidential), and the Client's logo within Oneskai's corporate portfolio, case studies, and marketing collateral.

All fees, payment schedules, and billing cycles shall be explicitly defined within the individual Statement of Work (SOW) or Master Service Agreement (MSA) executed between Oneskai and the Client. Unless otherwise stipulated in writing, all invoices are due within fifteen (15) calendar days from the date of issuance. Oneskai reserves the right to suspend Services or withhold final Deliverables in the event of persistent payment delinquency. All quoted fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, which shall be borne by the Client.

During the term of engagement and thereafter, both Oneskai and the Client agree to hold in strict confidence any proprietary or structurally sensitive information designated as "Confidential" by the disclosing party. This includes, but is not limited to, strategic business plans, customer lists, unreleased product data, and financial records. Confidentiality obligations shall not apply to information that is publicly known, independently developed without usage of the disclosing party's confidential data, or required to be disclosed by a court of competent jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONESKAI, ZOTHENIX INNOVATIONS PRIVATE LIMITED, OR ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

• This limitation applies to damages encompassing lost profits, revenue depletion, diminished brand reputation, data loss, or business interruptions arising out of or related to your use of the Site or the execution of our Services.
• Our Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• In any event, Oneskai's aggregate liability under these Terms, regardless of the form of action, shall not exceed the total fees actually paid by the Client to Oneskai during the three (3) month period immediately preceding the event giving rise to the claim.

The Client agrees to completely indemnify, defend, and hold harmless Oneskai and its affiliates from and against any overarching claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with the Client's specific breach of these Terms, the Client's violation of applicable laws, or third-party claims asserting that materials provided by the Client infringe upon intellectual property rights.

These Terms, as well as any disputes or claims arising out of or in connection with their subject matter, shall be exclusively governed by and construed under the laws of the Republic of India. The Client and Oneskai irrevocably agree that the courts situated in Kolkata, West Bengal, India shall possess exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.

If you require clarification on any of the stipulations outlined within these Terms of Service, or wish to seek formal legal discourse regarding an ongoing engagement, please contact us: