These Terms and Conditions ("Terms") govern your access to and use of gainark.com (the "Site") and your engagement with gainARK's services. By accessing the Site or engaging gainARK for services, you agree to be bound by these Terms. If you do not agree, do not use the Site or engage our services.
These Terms apply to general use of the Site and to the relationship between gainARK and prospective clients. Where gainARK and a client enter into a separate signed engagement agreement, statement of work, or services contract, the terms of that specific agreement will govern the engagement and will take precedence over these Terms in the event of conflict.
1. About gainARK
gainARK is a B2B growth agency based in Hyderabad, India, providing services including but not limited to performance marketing, search engine optimization, answer engine optimization, demand generation, digital platform and marketing technology consulting, AI-driven marketing automation, website design, and conversion rate optimization.
References to "gainARK," "we," "us," or "our" mean gainARK and its team members. References to "you" or "client" mean the individual or entity using the Site or engaging our services.
2. Use of the Site
2.1 Permitted use
You may use the Site to learn about gainARK's services, read our blog content, and contact us regarding potential engagements. You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site.
2.2 Prohibited conduct
You agree not to:
- Use the Site in any way that violates applicable local, national, or international law or regulation
- Attempt to gain unauthorized access to any portion of the Site, including the admin panel, or any systems or networks connected to the Site
- Use automated means, including bots, scrapers, or crawlers, to access the Site for purposes other than standard search engine indexing
- Transmit any malware, viruses, or other harmful code through the Site
- Submit false, misleading, or fraudulent information through any form on the Site
- Use the contact form or any other Site functionality to send unsolicited commercial communications (spam)
- Interfere with or disrupt the operation of the Site or the servers or networks used to make it available
2.3 Account security
If gainARK provides you with admin or other restricted access credentials, you are responsible for maintaining their confidentiality and for all activity that occurs under your account. Notify us immediately at hello@gainark.com if you suspect unauthorized use of your credentials.
3. Intellectual Property
3.1 Our content
All content on the Site, including text, graphics, logos, the gainARK name and brand, design elements, and underlying code, is owned by gainARK or its licensors and is protected by applicable intellectual property laws. Nothing on this Site grants you a license to use gainARK's trademarks, logos, or branding without our prior written consent.
3.2 Blog and published content
Blog posts and articles published on the Site may be shared and quoted with proper attribution and a link back to the original source. Reproduction of substantial portions of our content without attribution, or for commercial republication, is not permitted without prior written consent.
3.3 Client work and deliverables
Ownership of deliverables created during a paid client engagement (such as campaigns, creative assets, custom tools, or written strategy documents) is governed by the specific engagement agreement signed with that client. In the absence of a specific agreement stating otherwise, gainARK retains the right to reference completed work, in general terms, as part of its own portfolio and case studies, without disclosing confidential client data.
3.4 Tools and automation built during engagements
Where custom AI workflows, automation scripts, or similar tools are built specifically for a client as part of a paid engagement, ownership of those tools transfers to the client upon full payment, unless the engagement agreement specifies otherwise. gainARK retains the right to use general methodologies, non-client-specific code patterns, and know-how developed in the course of such work for other engagements.
4. Services and Engagements
4.1 Service descriptions
Descriptions of services on the Site are for general informational purposes. Specific scope, deliverables, timelines, and pricing for any engagement will be defined in a separate proposal, statement of work, or signed agreement between gainARK and the client.
4.2 No guarantee of results
While gainARK brings substantial experience and a results-driven approach to every engagement, marketing, SEO, AEO, advertising, and growth outcomes depend on numerous factors outside our control, including market conditions, competitor activity, platform algorithm changes, client-side execution of agreed actions, and budget. gainARK does not guarantee specific results, rankings, revenue outcomes, or timelines unless explicitly stated in a signed agreement.
4.3 Client responsibilities
Successful engagements typically depend on timely client cooperation, including providing access to necessary systems, approving content or campaigns within agreed timeframes, and providing accurate information about the client's business. Delays caused by the client may affect agreed timelines and outcomes.
4.4 Engagement models
gainARK offers multiple engagement models, including fixed-scope audit sprints, ongoing growth programs, and fractional leadership arrangements, as described on the Site. Specific terms, including payment schedules, cancellation terms, and notice periods, will be defined in the applicable engagement agreement.
5. Fees and Payment
Where gainARK provides paid services, fees, payment terms, and invoicing details will be set out in the relevant proposal or engagement agreement. Late payment may result in suspension of services. Any taxes applicable to the engagement are the responsibility of the client unless otherwise agreed.
6. Confidentiality
In the course of an engagement, gainARK and the client may exchange confidential or proprietary information. Both parties agree to use such information solely for the purpose of the engagement and not to disclose it to third parties, except as required by law or as otherwise agreed in writing. This obligation survives the termination of any engagement.
7. Third-Party Tools and Integrations
gainARK's services may involve the use of third-party platforms and tools, including but not limited to Google Ads, LinkedIn Ads, HubSpot, Salesforce, Supabase, and various AI platforms. gainARK is not responsible for the availability, performance, security practices, or terms of service of third-party platforms. Use of such platforms in connection with an engagement may be subject to the third party's own terms, which the client is responsible for reviewing and accepting where applicable.
8. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Nothing on the Site constitutes legal, financial, or tax advice. You should consult appropriate professionals before making business decisions based on content found on this Site.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAINARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICES, EVEN IF GAINARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE A PAID ENGAGEMENT IS GOVERNED BY A SEPARATE SIGNED AGREEMENT, GAINARK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THAT ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO GAINARK FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM, UNLESS OTHERWISE EXPLICITLY AGREED IN THAT AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify and hold gainARK, its team members, and affiliates harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your violation of these Terms, your misuse of the Site, or your violation of any law or the rights of a third party.
11. Termination
gainARK reserves the right to suspend or terminate your access to the Site, including admin access, at any time, for any reason, including violation of these Terms. Termination of a paid engagement is governed by the specific terms of the applicable engagement agreement.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India, unless a separate signed engagement agreement specifies a different dispute resolution mechanism for that engagement.
Where a client is located outside India, both parties may agree in a separate engagement agreement to alternative dispute resolution mechanisms, including arbitration or mediation, and to a different governing law where appropriate and mutually agreed.
13. Changes to These Terms
We may revise these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms. For active client engagements, changes to these general Terms do not override the terms of a signed engagement agreement.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, and any applicable signed engagement agreement, constitute the entire agreement between you and gainARK regarding use of the Site and, where applicable, the provision of services, superseding any prior agreements regarding the same subject matter.
16. Contact Us
Questions about these Terms can be directed to:
Email: hello@gainark.com Address: Hyderabad, Telangana, India
These Terms and Conditions are provided for general informational purposes and do not constitute legal advice. gainARK recommends periodic legal review of this document, particularly the limitation of liability and governing law sections, to ensure they remain appropriate as the business grows and as it engages clients in new jurisdictions.