Terms of Service

1. Acceptance of Terms

By accessing or using our website (harshx.com) and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Harsh Pandey. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

2. Description of Services

Harsh Pandey provides growth engineering and marketing automation services, including but not limited to:

• Email Marketing Infrastructure: Multi-domain setup, deliverability optimization, SMTP configuration
• Marketing Analytics Dashboards: Custom dashboards with API integrations and automated reporting
• Lead Generation Automation: Prospecting systems, data enrichment, and outreach sequences
• Marketing Automation: Workflow automation and tool integrations
• Growth Strategy Consulting: Technical consulting on growth tactics and optimization
• API Integrations & Development: Custom integrations and automation development

All services are provided on a consulting basis and may be customized based on client needs and requirements.

3. User Responsibilities

Accurate Information

You agree to provide accurate, current, and complete information when submitting forms or communicating with us. You are responsible for maintaining the accuracy of your information.

Authorized Use

You represent that you have the authority to enter into this agreement on behalf of your company or organization, if applicable.

Compliance

You agree to comply with all applicable laws and regulations in connection with your use of our services, including but not limited to:

• Email marketing laws (CAN-SPAM, GDPR, etc.)
• Data protection regulations
• Anti-spam legislation
• Industry-specific compliance requirements

Prohibited Activities

You agree not to use our services for:

• Illegal or fraudulent activities
• Spamming or unsolicited communications
• Distributing malware or harmful content
• Violating third-party rights or privacy
• Any activity that could harm our reputation or services

4. Discovery Call and Consultation Process

Scheduling

Discovery calls are scheduled through our online calendar system. By booking a call, you agree to participate at the scheduled time or provide reasonable notice for rescheduling.

Consultation Content

Discovery calls are for informational and assessment purposes. Any advice or recommendations provided during these calls are general in nature and should not be considered formal professional advice without a signed service agreement.

Confidentiality

We maintain confidentiality of information shared during discovery calls, but formal confidentiality agreements require a separate written agreement.

5. Service Agreements and Payments

Formal Engagements

All formal service engagements require a separate written agreement outlining:

• Scope of work and deliverables
• Timeline and milestones
• Payment terms and amounts
• Specific terms and conditions

Payment Terms

Unless otherwise specified in a service agreement:

• Payment terms are net 30 days from invoice date
• Late payments may incur interest charges
• All fees are non-refundable unless explicitly stated
• Prices are subject to change with notice

Expenses

Client is responsible for any third-party costs, tools, or services required for project completion unless otherwise agreed in writing.

6. Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, and software, is owned by Harsh Pandey and protected by copyright and other intellectual property laws.

Service Deliverables

Unless otherwise specified in a service agreement:

• Custom-developed solutions become client property upon full payment
• We retain rights to methodologies and general approaches
• Third-party tools and services remain property of their respective owners
• We may use anonymized case studies for marketing purposes

Client Materials

Clients retain ownership of their proprietary information and grant us necessary rights to perform services.

7. Limitations of Liability

Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or business opportunities
• Business interruption
• Reputational harm

Results Disclaimer

While we strive to deliver effective solutions, we do not guarantee specific business results, leads, or revenue outcomes. Success depends on various factors beyond our control.

8. Indemnification

You agree to indemnify, defend, and hold harmless Harsh Pandey from any claims, damages, or expenses arising from:

• Your use of our services in violation of these Terms
• Your violation of any law or regulation
• Infringement of third-party rights
• Use of deliverables in ways not intended or authorized
• Any content or materials you provide to us

9. Privacy and Data Protection

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

Client Data Responsibilities

For services involving client data, both parties agree to:

• Comply with applicable data protection laws
• Implement appropriate security measures
• Respect individual privacy rights
• Follow data processing agreements where required

10. Termination

Termination by Either Party

Either party may terminate ongoing services with written notice as specified in the service agreement. In the absence of specific terms, 30 days' notice is required.

Immediate Termination

We reserve the right to immediately terminate services if:

• You violate these Terms or applicable laws
• Your use of services harms our business or reputation
• Payment becomes overdue beyond agreed terms
• You engage in prohibited activities

Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• We will deliver completed work upon payment
• Confidentiality obligations survive termination
• You must cease using our proprietary materials

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, internet outages, or other unforeseeable events.

12. Governing Law and Disputes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Harsh Pandey is located, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Good faith negotiation as a first step
• Mediation if negotiation fails
• Binding arbitration as a final resort

Jurisdiction

If legal action becomes necessary, parties consent to the exclusive jurisdiction of courts in our business location.

13. Miscellaneous Provisions

Entire Agreement

These Terms, along with our Privacy Policy and any signed service agreements, constitute the entire agreement between parties.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with notice to you.

Waiver

No waiver of any term or condition shall be effective unless in writing and signed by the party waiving such term.

Survival

Provisions related to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination of these Terms.

14. Contact Information

For questions about these Terms of Service or to report violations, please contact us:

• Email: hey@harshx.com
• Website: https://harshx.com
• Response Time: Within 48 hours for legal inquiries