Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and BetaXLab ("BetaXLab," "we," "us," or "our") governing your access to and use of our website betaxlab.com and our services, including but not limited to Meta Ads automation, Google Ads automation, campaign management, lead generation, CRM automation, and WhatsApp Business API integration services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use our Services.

These Terms apply to all visitors, users, and others who access or use the Services. We reserve the right to modify these Terms at any time. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms.

2. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our Services under applicable laws
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of your information
• You are authorized to bind the business entity you represent (if applicable)

3. Services Description

3.1 Service Offerings

BetaXLab provides the following services:

• Meta Ads Automation: Automated management and optimization of Facebook and Instagram advertising campaigns
• Google Ads Automation: Automated management and optimization of Google advertising campaigns including Search, Display, Shopping, and Performance Max
• Meta Ads Management: Professional campaign setup, creative testing, audience targeting, and optimization
• Google Ads Management: Expert campaign strategy, keyword research, bid management, and performance optimization
• WhatsApp Automation: Automated messaging, chatbot integration, and customer communication via WhatsApp Business API
• Lead Generation & Follow-up: Automated lead capture, routing, and nurturing systems
• CRM Automation: Integration and automation of customer relationship management processes
• Analytics & Reporting: Performance tracking, data analysis, and reporting dashboards

3.2 Service Delivery

• Services are provided on a subscription or project basis as agreed in your service agreement
• Service specifications, deliverables, and timelines will be outlined in your specific service agreement or proposal
• We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time
• Service availability is subject to third-party platform policies (Meta, Google, WhatsApp)

3.3 Service Limitations

You acknowledge and agree that:

• Results from advertising campaigns are not guaranteed and depend on multiple factors outside our control
• Platform policies (Meta, Google, WhatsApp) may change and affect service delivery
• Your account access with third-party platforms is required for service delivery
• Service performance may be affected by factors including ad quality, targeting, budget, competition, and market conditions

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account and access to Services if:

• You violate these Terms or any applicable laws
• You provide false or misleading information
• Your account is used for fraudulent or illegal activities
• You fail to pay applicable fees
• We determine, in our sole discretion, that your continued use poses a risk to us or other users

5. Client Responsibilities and Obligations

5.1 General Obligations

You are responsible for:

• Providing timely access to advertising accounts, credentials, and necessary information
• Ensuring compliance with all applicable advertising platform policies
• Providing accurate product/service information and marketing materials
• Timely review and approval of campaigns, creatives, and strategies
• Maintaining sufficient advertising budget in your ad accounts
• Responding to our requests for information or clarification within reasonable timeframes

5.2 Content and Materials

For any content, materials, or information you provide to us ("Client Content"), you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use the Client Content
• The Client Content does not infringe on any third-party intellectual property rights
• The Client Content complies with all applicable laws and platform policies
• The Client Content does not contain false, misleading, or deceptive information

5.3 Prohibited Activities

You agree NOT to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Promote illegal products, services, or activities
• Engage in false or misleading advertising practices
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Services to transmit viruses, malware, or harmful code
• Engage in data scraping, harvesting, or automated data collection
• Reverse engineer, decompile, or disassemble any part of our Services
• Resell, sublicense, or redistribute our Services without authorization

6. Fees and Payment

6.1 Service Fees

• Service fees are specified in your service agreement, proposal, or pricing plan
• Fees are exclusive of applicable taxes, which you are responsible for paying
• We reserve the right to modify our fees with 30 days' advance notice
• Advertising spend on platforms (Meta, Google) is billed directly by those platforms and is separate from our service fees

6.2 Payment Terms

• Payment is due according to the terms specified in your service agreement
• We accept payment via bank transfer, credit card, or other approved methods
• Late payments may incur interest charges and may result in service suspension
• All fees are non-refundable except as expressly stated in Section 6.4

6.3 Auto-Renewal

• Subscription services automatically renew at the end of each billing period
• You will be charged the then-current fees unless you cancel before the renewal date
• You may cancel auto-renewal by providing written notice at least 7 days before the renewal date

6.4 Refund Policy

• Service fees are generally non-refundable
• Refunds may be issued at our sole discretion in cases of service failure or non-delivery
• Advertising spend paid to third-party platforms (Meta, Google) is non-refundable
• Refund requests must be submitted in writing within 14 days of the service period

7. Intellectual Property Rights

7.1 BetaXLab Intellectual Property

All content, features, and functionality of the Services, including but not limited to:

• Software, code, algorithms, and automation systems
• Text, graphics, logos, icons, and images
• Trademarks, service marks, and trade names
• Designs, processes, and methodologies
• Documentation, templates, and frameworks

are the exclusive property of BetaXLab and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal business purposes
• Use our platform and tools as intended

This license does not include any right to:

• Resell, sublicense, or distribute the Services
• Copy, modify, or create derivative works
• Reverse engineer or decompile our software
• Remove or alter any proprietary notices

7.3 Client Content License

You grant BetaXLab a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your Client Content solely for the purpose of providing the Services and as described in our Privacy Policy.

7.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us regarding the Services become our property, and we may use them without restriction or compensation to you.

8. Warranties and Disclaimers

8.1 Limited Warranty

We warrant that we will provide the Services with reasonable care and skill in accordance with industry standards.

8.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICES
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES
• WARRANTIES REGARDING ADVERTISING CAMPAIGN PERFORMANCE, ROI, OR SPECIFIC OUTCOMES

8.3 No Guarantee of Results

We do not guarantee specific results from advertising campaigns, including but not limited to impressions, clicks, conversions, sales, or return on investment (ROI). Campaign performance depends on numerous factors outside our control, including market conditions, competition, ad quality, targeting, budget, and platform algorithms.

8.4 Third-Party Platforms

Our Services depend on third-party platforms (Meta, Google, WhatsApp). We are not responsible for changes to these platforms, their policies, or their availability. Platform suspensions, policy violations, or account restrictions are outside our control and are not grounds for refunds or liability.

9. Limitation of Liability

9.1 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BETAXLAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY LOSS OF GOODWILL OR REPUTATION
• ANY COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
• ANY DAMAGES ARISING FROM ADVERTISING CAMPAIGN PERFORMANCE OR LACK THEREOF
• ANY DAMAGES ARISING FROM THIRD-PARTY PLATFORM ACTIONS OR POLICIES

9.2 CAP ON LIABILITY

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• INR 50,000 (FIFTY THOUSAND INDIAN RUPEES)

9.3 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section 9 are fundamental elements of the basis of the bargain between you and BetaXLab, and that we would not be able to provide the Services on an economically reasonable basis without these limitations.

9.4 Exceptions

The limitations in this Section 9 do not apply to:

• Liability for death or personal injury caused by our negligence
• Liability for fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

10. Indemnification

You agree to indemnify, defend, and hold harmless BetaXLab and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Client Content or marketing materials
• Any false or misleading information you provide
• Your violation of advertising platform policies
• Any claims related to your products, services, or business practices

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

11. Term and Termination

11.1 Term

These Terms commence when you first access or use the Services and continue until terminated as set forth below.

11.2 Termination by You

You may terminate your account and stop using the Services at any time by:

• Providing written notice to us at least 30 days in advance
• Completing any outstanding payment obligations
• Following our account closure procedures

11.3 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You fail to pay applicable fees
• We are required to do so by law
• Your use poses security or legal risks
• We decide to discontinue the Services (with 30 days' notice)

11.4 Effects of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You remain liable for all fees and charges incurred prior to termination
• We may delete your account data in accordance with our Privacy Policy
• Sections that by their nature should survive will survive termination

11.5 Survival

The following provisions survive termination: Sections 5.3, 6, 7, 8, 9, 10, 11.5, 12, 13, 14, and 15.

12. Confidentiality

12.1 Confidential Information

"Confidential Information" means any non-public information disclosed by either party that is marked as confidential or would reasonably be considered confidential, including business strategies, customer data, financial information, and proprietary technologies.

12.2 Obligations

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information
• Use Confidential Information only for purposes of the Services
• Not disclose Confidential Information to third parties without prior written consent
• Protect Confidential Information using reasonable security measures

12.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known by the receiving party before disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law or court order

13. Data Protection and Privacy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

You agree that:

• All data collected through the Services will be used for internal business purposes
• We may process your data in accordance with applicable data protection laws
• You have obtained all necessary consents for us to process customer data on your behalf
• You comply with all applicable privacy laws and regulations

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

14.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in India, and you irrevocably submit to the personal jurisdiction of such courts.

14.3 Dispute Resolution Process

Before filing any legal action, the parties agree to attempt to resolve disputes through the following process:

• Informal Negotiation: Contact us at contactus@dazzx.com to discuss the dispute
• Mediation: If negotiation fails, parties agree to attempt mediation before litigation
• Arbitration (Optional): Parties may agree to binding arbitration as an alternative to litigation

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and BetaXLab regarding the Services and supersede all prior agreements and understandings.

15.2 Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date and, where required, by sending you an email notification. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.

15.5 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or platforms.

15.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and BetaXLab. You have no authority to bind BetaXLab or make commitments on our behalf.

15.8 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

15.9 Notices

All notices under these Terms must be in writing and will be deemed given when:

• Delivered personally
• Sent by confirmed email to the email address you provided
• Received by certified mail, return receipt requested

Notices to BetaXLab should be sent to: contactus@dazzx.com

15.10 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

16. Platform-Specific Terms

16.1 Meta (Facebook/Instagram) Advertising

When using our Meta Ads services, you acknowledge and agree that:

• You must comply with Meta's Advertising Policies and Community Standards
• Meta may reject, suspend, or remove your ads at their discretion
• We are not responsible for Meta policy violations or account restrictions
• You grant us necessary access to your Meta Business Manager and Ad Accounts

16.2 Google Advertising

When using our Google Ads services, you acknowledge and agree that:

• You must comply with Google Ads Policies and Terms of Service
• Google may suspend or terminate your ads or account for policy violations
• We are not responsible for Google policy violations or account suspensions
• You grant us necessary access to your Google Ads account

16.3 WhatsApp Business API

When using our WhatsApp automation services, you acknowledge and agree that:

• You must comply with WhatsApp Business Policy and Commerce Policy
• You must obtain proper consent before sending messages to users
• WhatsApp may restrict or suspend your messaging capabilities for policy violations
• We are not responsible for WhatsApp policy violations or account restrictions
• Message delivery and quality depend on WhatsApp infrastructure

17. Contact Information

If you have any questions about these Terms, please contact us:

18. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.