Terms and Conditions

These Terms and Conditions govern access to and use of the Flashyminds website, services, proposals, deliverables, communications, and all forms of engagement. By accessing the website, submitting an enquiry, making payment, accepting a proposal, or instructing Flashyminds to commence work, you agree to be legally bound by these Terms.

If you do not agree, you must refrain from using the website or services.

1. Definitions & Interpretation

• “Flashyminds” refers to Flashyminds, including its proprietors, partners, employees, contractors, representatives, and affiliates.
• “Client” refers to any individual or legal entity engaging Flashyminds’ services.
• “Website” refers to flashyminds.com and associated digital properties.
• “Proposal” refers to any quotation, estimate, scope, or offer issued by Flashyminds.
• “Service Agreement / SOW” refers to any signed or accepted agreement governing services.
• “Deliverables” refer to outputs produced as part of services rendered.

2. Acceptance of Terms

Acceptance of these Terms occurs through website usage, written or electronic confirmation, payment, or instruction to proceed. The Client confirms legal capacity and authority to bind the relevant entity. No physical signature is required for enforceability.

3. Hierarchy of Governing Documents

1. Signed Proposal / Service Agreement / Statement of Work
2. These Terms & Conditions
3. Written email communications
4. Website content and marketing materials

Proposal-specific terms shall prevail where explicitly stated.

4. Scope of Services

• Digital marketing, SEO, PPC, and performance marketing
• Branding, creative design, and UI/UX
• Website, mobile app, and software development
• AI, automation, analytics, and consulting services

Only services expressly stated in the approved Proposal or Agreement are included. All other services are excluded.

5. Engagement & Commencement

Work shall commence only upon written acceptance of the proposal and receipt of required advance payment. Verbal discussions or informal communications are not binding.

6. Client Responsibilities

• Provide accurate, complete, and timely information, materials, assets, approvals, and access credentials
• Ensure legal ownership or licensing of all provided content and data
• Designate a single authorized point of contact

Flashyminds shall not be liable for delays, inaccuracies, or outcomes resulting from incomplete, incorrect, outdated, or delayed client inputs.

7. Timelines, Revisions & Delays

• All timelines are indicative and non-binding
• Delays in feedback or approvals pause delivery schedules
• Revisions are limited to those specified in the proposal

Extended delays may require re-planning or revised commercial terms.

8. Fees, Payments & Taxes

• All fees are exclusive of applicable taxes unless stated otherwise
• Payment terms are defined in the proposal (default: 15 days)
• Late payments may result in suspension of services

Suspension does not waive payment obligations.

9. Suspension of Services

Flashyminds may suspend services immediately in cases of non-payment, contractual breach, or unlawful or abusive conduct. All outstanding amounts remain payable.

10. Refunds, Cancellations & Chargebacks

• All deposits and advance payments are strictly non-refundable
• No refunds are issued for completed or partially completed services
• Digital deliverables are non-refundable once delivered

Unauthorized chargebacks constitute a material breach of these Terms.

11. Intellectual Property Rights

All work remains the intellectual property of Flashyminds until full payment is received.

• Ownership transfers only for agreed deliverables
• Flashyminds retains rights to methodologies, frameworks, processes, tools, templates, and know-how

Deliverables may not be resold, sublicensed, or reused beyond the agreed scope.

12. Third-Party Platforms & Dependencies

Flashyminds is not responsible for outcomes affected by third-party platforms or services, including but not limited to search engines, advertising platforms, hosting providers, SaaS tools, APIs, or software vendors.

13. Representational Content, Illustrative Data & Reliance Disclaimer

• Website content may include metrics, statistics, performance references, benchmarks, comparisons, visuals, examples, and descriptive summaries presented in an indicative, aggregated, estimated, generalized, anonymized, or illustrative manner.
• Such information may be derived from historical engagements, internal assessments, third-party data, industry observations, or contextual representations, and may be rounded, averaged, projected, simplified, or framed for demonstrative or positioning purposes.
• Content may contain marketing language, experiential summaries, aspirational messaging, or persuasive representations, intended to communicate capability and scope rather than universal factual assertions.
• No metric, statement, or example shall be construed as a guarantee, warranty, assurance, or binding commitment regarding performance, outcomes, accuracy, or suitability.
• Any reliance on such information is undertaken at the Client’s sole discretion, and engagement decisions are not based exclusively on website content.
• Only obligations expressly documented in a mutually executed proposal, statement of work, or service agreement are contractually binding.
• Actual outcomes may vary due to industry conditions, competition, budgets, timelines, platform changes, client inputs, approvals, implementation dependencies, and external market forces beyond Flashyminds’ control.

14. No Guarantees

Flashyminds does not guarantee rankings, traffic, leads, conversions, revenue, or specific performance outcomes. All services are provided on a best-effort basis.

15. Data Accuracy & Client-Provided Information

Flashyminds shall not be responsible for inaccuracies, performance issues, tracking discrepancies, or outcomes arising from incorrect, incomplete, outdated, or restricted data, access, or information provided by the Client.

16. Access & Account Responsibility

The Client retains sole responsibility for ownership, security, administrative control, and compliance of all third-party accounts, platforms, domains, hosting environments, and tools used in connection with the services.

17. Regulatory & Platform Compliance

Flashyminds does not provide legal or regulatory compliance advice. The Client remains responsible for compliance with applicable laws, advertising policies, data protection regulations, and industry-specific requirements.

18. AI & Automation Disclaimer

Outputs generated using AI tools, automation systems, or third-party platforms are provided on an assistive basis and may require human review. Flashyminds does not warrant originality, completeness, accuracy, or regulatory compliance of such outputs.

19. Portfolio & Marketing Use

Unless restricted in writing prior to project commencement, Flashyminds may showcase completed work in portfolios, case studies, and marketing materials.

20. Limitation of Liability

• Flashyminds’ total liability shall not exceed fees paid in the three months preceding the claim
• Flashyminds shall not be liable for indirect, incidental, or consequential damages

21. Indemnification

The Client agrees to indemnify and hold harmless Flashyminds from claims arising from client-provided materials, legal violations, or third-party rights infringement.

22. Force Majeure

Flashyminds shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, governmental actions, platform outages, or network failures.

23. Termination

• Completed work remains payable
• Deposits remain non-refundable
• IP transfers only upon full payment

24. Non-Solicitation

The Client shall not solicit or hire Flashyminds employees or contractors during the engagement and for 12 months thereafter.

25. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India. All disputes shall be subject to the exclusive jurisdiction of the competent courts of Bangalore, Karnataka and Calicut (Kozhikode), Kerala, India.

26. Amendments, Severability & Survival

Flashyminds may amend these Terms at any time. Invalid provisions shall not affect remaining clauses. Clauses relating to payments, IP, confidentiality, liability, indemnification, and jurisdiction shall survive termination.

27. Contact Information

Email: enquiry@flashyminds.com