By accessing and using the website https://apexinfluence.in (the "Website") and/or engaging services offered by Apex Influence, a division of LBDIK Consulting (the "Company," "we," "us," or "our"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree with any part of these Terms, you may not use the Website or engage our services.
These Terms apply to all visitors and users of the Website and all individuals and entities engaging the Company for marketing consultancy services.
Apex Influence provides marketing consultancy services including but not limited to marketing strategy, Google Ads management, Meta Ads management, SEO services, and fractional Chief Marketing Officer (CMO) services (the "Services").
The scope, deliverables, timelines, performance expectations, and specific KPIs for each engagement are detailed in individual written Service Agreements or Statements of Work (SOW) executed between the Company and the Client. These Terms govern the provision of Services except where a signed Service Agreement explicitly addresses a matter differently, in which case the Service Agreement shall control.
The Company reserves the right to modify Service offerings or packages at any time. Changes to ongoing engagements require written amendment to the Service Agreement.
PERFORMANCE GUARANTEE STRICTLY LIMITED TO SIGNED SERVICE AGREEMENTS
Where Apex Influence has expressly committed to a performance guarantee in a written, signed Service Agreement, such guarantee is strictly limited to the specific KPIs, measurement methodology, and time periods documented in that Agreement.
The general marketing language on this website, including general marketing claims and case-study figures, constitutes a statement of commercial intent only and does not constitute a legally binding guarantee unless formalized in a signed Service Agreement duly executed by authorized representatives of both parties.
Apex Influence reserves the right to determine, in good faith and in accordance with the mutually agreed measurement criteria set out in the Service Agreement, whether agreed KPIs have been met. Any disputes regarding KPI achievement shall be governed by the dispute resolution clause below.
Important: Any performance guarantee, refund guarantee, or outcome guarantee is offered only where explicitly written into a Service Agreement. The Client must carefully review the signed Service Agreement to understand exactly what, if anything, is guaranteed.
All invoices for Services shall be issued as per the payment schedule outlined in the applicable Service Agreement.
All fees are exclusive of applicable Goods and Services Tax (GST) unless expressly noted otherwise.
Upon full payment of fees due under the Service Agreement, all work product, creative assets, campaign materials, strategies, reports, and deliverables (collectively, "Work Product") created by Apex Influence for the Client shall vest in the Client and become the Client's property.
The Client shall have the exclusive right to use, modify, reproduce, and distribute the Work Product without restriction, except as limited below.
Portfolio Rights: Apex Influence retains the right to display, describe, and reference the Work Product and the engagement as part of its professional portfolio, case studies, and marketing materials, unless the Client has expressly instructed otherwise in writing. Such portfolio use does not grant the Client approval rights over how Apex Influence presents the work.
Pre-Existing Materials: Any pre-existing tools, methodologies, templates, frameworks, or materials owned or licensed by Apex Influence prior to the engagement remain the exclusive property of Apex Influence. The Client receives a limited, non-exclusive license to use such materials solely as incorporated in the Work Product for the Client's business purposes.
Both parties agree to maintain strict confidentiality regarding all non-public information shared during the engagement, including but not limited to business strategies, financial data, client lists, campaign results, and proprietary methodologies (the "Confidential Information").
Duration: The confidentiality obligation shall survive the termination of the engagement and remain in effect for a period of 3 years from the date of engagement termination.
Exceptions: Confidential Information does not include information that is: (a) publicly available through no breach of this agreement; (b) rightfully received by a party from a third party without confidentiality obligation; (c) independently developed without reference to the Confidential Information; or (d) required to be disclosed by law or court order (with notice to the disclosing party where legally permissible).
The Company may disclose Client name and general description of engagement for marketing and case study purposes unless the Client opts out in writing.
Apex Influence processes personal data and client data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and applicable privacy laws.
Data Fiduciary: LBDIK Consulting acts as the data fiduciary under the DPDP Act, 2023. Any personal data or sensitive business data shared with Apex Influence shall be processed, secured, and retained in compliance with legal obligations.
For complete details on how personal data is collected, used, stored, and protected, please refer to the Company's Privacy Policy at https://apexinfluence.in/privacy-policy.html.
Data Processing Agreement: For clients subject to international data protection laws (GDPR, CCPA, etc.), Apex Influence will execute a Data Processing Agreement (DPA) upon request, defining roles and obligations regarding personal data.
To the fullest extent permitted by law:
Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. To the extent any limitation is unenforceable, such limitation shall be reformed to the maximum extent permitted by law.
The Client shall indemnify, defend, and hold harmless Apex Influence, LBDIK Consulting, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
This indemnification obligation shall not apply to claims arising solely from Apex Influence's gross negligence or willful misconduct.
Neither party shall be liable for any failure or delay in performance under these Terms or the Service Agreement if such failure or delay results from causes beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, pandemics, government actions, strikes, internet outages, or other unforeseeable circumstances (the "Force Majeure Event").
Upon occurrence of a Force Majeure Event, the affected party shall promptly notify the other party in writing and shall make commercially reasonable efforts to mitigate the impact and resume performance. If the Force Majeure Event prevents performance for more than 30 days, either party may terminate the engagement without penalty.
Either party may terminate the engagement at any time by providing 30 days written notice to the other party via email or registered mail.
Fees Upon Termination: The Client shall pay for all Services performed and expenses incurred up to the termination date, including:
Return of Materials: Upon termination, each party shall return or certify destruction of the other party's Confidential Information and Work Product as appropriate.
Survival: The following sections shall survive termination: Confidentiality, Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.
In the event of any dispute arising out of or relating to these Terms, the Service Agreement, or the engagement, the parties agree to the following dispute resolution process:
The parties shall first attempt to resolve the dispute through good faith negotiation between representatives of both parties for a period of 15 days from the date the dispute is first raised in writing.
If the dispute is not resolved within 15 days, either party may initiate arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The following terms shall apply:
The parties waive their right to jury trial and agree that arbitration is final and binding. The arbitration award may be enforced in any competent court.
No Class Actions: Disputes shall be brought and resolved on an individual basis. Class action proceedings are not permitted.
These Terms, the Service Agreement, and all aspects of the engagement shall be governed by and construed in accordance with the laws of the State of Karnataka, India, without regard to its conflict of law principles.
For International Clients: If the Client is located outside India, the Client acknowledges and agrees that:
The competent courts in Bengaluru, Karnataka shall have jurisdiction over any proceedings related to the enforcement of arbitration awards or other legal remedies not subject to arbitration.
Apex Influence reserves the right to modify these Terms at any time. Changes shall be effective upon posting to the Website. The Client's continued use of the Website or engagement of Services following such modifications constitutes acceptance of the revised Terms.
For ongoing engagements, material changes to these Terms will be communicated in writing to the Client at least 15 days prior to taking effect. If the Client does not agree with the changes, the Client may terminate the engagement under the Termination clause above.
These Terms of Service, together with the individual Service Agreement and SOW executed between the parties, constitute the entire and exclusive agreement between the Client and Apex Influence regarding the subject matter and supersede all prior negotiations, representations, and agreements, whether written or oral.
No course of dealing or performance, course of conduct, or trade practice shall be deemed to modify these Terms unless expressly confirmed in a written amendment signed by authorized representatives of both parties.
If you have questions about these Terms of Service, please contact us: