Terms and Conditions

OF PROMARK SERVICES

1. Introduction

1.1 Scalemint Private Limited ("Company", "ProMark", "we", "us", "our") operates a performance marketing service that helps D2C brands manage and scale their advertising ("Business"), including but not limited to Meta Ads, Google Ads, creative strategy, and delivery/RTO optimisation advisory ("Services").

1.2 "You" means the brand, business, or individual engaging or enquiring about ProMark's Services, including their authorised representatives.

1.3 By submitting an enquiry, completing our brand assessment form, or engaging our Services, you agree to be bound by these Terms and Conditions ("Terms").

1.4 You and the Company are individually a "Party" and together the "Parties".

1.5 These Terms govern your use of https://thepromark.com/ and related pages (collectively the "Platform") and your engagement of our Services.

1.6 These Terms are to be read along with our Privacy Policy, and any additional guidelines or scope documents shared with you from time to time ("Supplemental Terms"). In case of conflict, the Supplemental Terms (such as a signed scope of work) shall prevail.

1.7 You represent that you have the authority to bind your business to these Terms.

2. Commencement

2.1 These Terms become effective when you engage our Services, whether through a written agreement, a paid invoice, or your explicit confirmation (e.g., over WhatsApp or email) to proceed.

2.2 We primarily communicate via the WhatsApp number, phone number, or email you provide to us ("Primary Contact"). You are responsible for monitoring this Primary Contact.

3. Scope of Services

3.1 Depending on what is agreed between the Parties, our Services may include:

a. Meta Ads and/or Google Ads campaign strategy, setup, and management; b. Ad creative direction, copywriting, and testing; c. Delivery percentage / RTO reduction advisory; d. Landing page, funnel, or lead-form recommendations; and e. Reporting and performance analysis.

3.2 The exact scope, deliverables, and pricing model applicable to you will be confirmed separately in writing (email, proposal, or WhatsApp confirmation) before work begins.

3.3 You agree not to reproduce, resell, or exploit ProMark's strategies, creative assets, dashboards, or reports created for you, for use by any other brand or agency, without our prior written consent.

4. Fees and Payment

4.1 ProMark typically operates on a revenue-share / success-fee basis (a percentage of delivered order value), as specifically agreed with you in writing. Where a different fee structure is agreed (flat fee, retainer, etc.), that agreed structure will govern.

4.2 Ad spend is separate from our fee. Any advertising spend on Meta, Google, or other platforms is billed and paid for separately, either directly by you to the ad platform or as pass-through cost, as agreed.

4.3 Invoices are payable within the period specified on the invoice. Delayed payment may result in suspension of active campaigns until dues are cleared.

4.4 We reserve the right to revise our fee structure for new engagements or renewals, with prior notice to you.

5. Intellectual Property

5.1 Strategy documents, creative assets, dashboards, and reports created by ProMark specifically for you remain usable by you for your own brand. However, ProMark retains ownership of its underlying processes, frameworks, tools, and any proprietary methodology used to deliver the Services.

5.2 You may not use ProMark's name, logo, or trademarks without our written permission.

6. Confidentiality

6.1 Both Parties agree to keep confidential any non-public business information shared during the engagement (including ad account access, revenue data, and strategy documents), and not use it for any purpose outside this engagement.

6.2 This obligation survives for a reasonable period after the engagement ends.

7. Termination

7.1 Either Party may terminate the engagement with reasonable prior written notice (via email or WhatsApp), as specified in your specific agreement with us.

7.2 We may suspend or terminate Services immediately if you breach these Terms, fail to make payment, or engage in conduct that puts ad accounts or our business at risk (e.g., policy-violating creatives or claims).

7.3 On termination, access to shared dashboards/reports may be revoked, and any outstanding dues become immediately payable.

8. Disclaimers

8.1 Our Services are provided on a reasonable-efforts basis. While we aim to improve your delivery percentage, margins, and ad performance, we do not guarantee specific results, as these depend on factors outside our control (market conditions, product-market fit, logistics partners, platform algorithm changes, etc.).

8.2 We are not responsible for the actions, policies, or downtime of third-party platforms (Meta, Google, Shopify, logistics/courier partners) that may affect campaign performance.

8.3 You remain solely responsible for your product quality, pricing, legal compliance (including Legal Metrology and consumer protection laws), fulfilment, and customer service — ProMark's role is limited to marketing strategy and execution.

8.4 To the maximum extent permitted by law, ProMark shall not be liable for indirect, incidental, or consequential damages (including lost profits) arising from the Services.

9. Data Privacy

9.1 Where we access your customer/ad account data to run campaigns, you confirm that you have the necessary rights and consents to share such data with us, and that we may process it solely for the purpose of delivering the Services.

10. Indemnification

10.1 You agree to indemnify ProMark against claims arising from your breach of these Terms, non-compliance with applicable advertising or consumer protection laws, or inaccurate claims made in your product/brand messaging that we execute on your instruction.

11. Governing Law and Dispute Resolution

11.1 These Terms are governed by the laws of India.

11.2 In case of a dispute, the Parties shall first attempt to resolve it through good-faith discussion. If unresolved within a reasonable period, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Bengaluru, Karnataka.

12. Force Majeure

12.1 ProMark shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including platform outages, internet/telecom failures, or government action.

13. Miscellaneous

13.1 Changes to Terms: We may update these Terms from time to time. Continued engagement of our Services after an update constitutes acceptance.

13.2 Notices: Notices to ProMark should be sent to the address below.

13.3 Entire Agreement: These Terms, along with any signed scope of work, constitute the entire agreement between the Parties regarding the Services.

13.4 Relationship: Nothing in these Terms creates a partnership, agency, or joint venture between you and ProMark.

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Scalemint Private Limited 3rd Floor, SNN Raj Pinnacle, Plot No. 7F, behind RxDx Hospital, Doddanakundi Industrial Area 2, EPIP Zone, Brookefield, Bengaluru, Karnataka 560048

WhatsApp: +91 95354 75070 Website: thepromark.com