These Terms govern your access to and use of TARK — our autonomous decision intelligence platform for consumer brand operations. Written for clarity and governed by Indian law.
These Terms of Service (the "Terms") form a legally binding agreement between you ("you", "your") and TARK Technologies ("TARK", "we", "us", "our"), an entity operating from Mumbai, India, governing your access to and use of our website, products, APIs and services (collectively, the "Services").
By accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Services.
We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above. Your continued use after a change constitutes acceptance of the revised Terms.
All content, software, models, designs, trademarks, logos and other intellectual property comprising the Services are owned by or licensed to TARK and are protected under Indian and international IP laws — including the Copyright Act, 1957, the Trade Marks Act, 1999 and the Patents Act, 1970.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes, strictly in accordance with these Terms. Nothing in these Terms transfers any IP rights to you.
You may not copy, reproduce, modify, reverse-engineer, distribute, publish, sell or create derivative works from any part of the Services without our prior written consent.
By using the Services, you represent and warrant that:
If any of these representations proves untrue, we may suspend or terminate your access to the Services without notice.
Certain features of the Services are offered on a paid basis. Fees, billing frequency and accepted payment methods are set out in the applicable order form or pricing page.
Unless stated otherwise, all fees are quoted in Indian Rupees (INR) and are exclusive of applicable Goods and Services Tax (GST), which will be charged in addition at the prevailing rate.
Payments are due within the period specified in your order form. Overdue amounts may attract interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend the Services if payment is not received within thirty (30) days of the due date.
You authorise us (and our payment processors) to charge the payment method you provide for recurring fees.
You may cancel your subscription at any time by writing to vedant@tark.tech. Cancellation takes effect at the end of your then-current billing period. Fees already paid are non-refundable except where required by law.
If you are dissatisfied with the Services, please reach out so we can try to resolve the issue before you cancel.
You agree not to:
The Services may permit you to upload, submit, post or transmit content such as text, files, data and configurations ("Contributions"). You are solely responsible for your Contributions.
By submitting a Contribution, you represent and warrant that you have all rights, consents and authorisations necessary to do so, and that your Contribution does not infringe any third-party rights or violate any applicable law.
You retain ownership of your Contributions. You grant TARK a worldwide, royalty-free, non-exclusive, transferable, sub-licensable licence to host, store, reproduce, modify, transmit and use your Contributions solely to operate, improve and provide the Services to you.
We do not claim ownership of your Contributions and will not use them for purposes outside the operation of the Services without your consent.
Any feedback, ideas, suggestions or proposals you provide to TARK regarding the Services ("Submissions") are non-confidential and become our sole property. We may use Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
We reserve the right (but do not assume the obligation) to:
These Terms remain in force while you use the Services. We may, at our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason — including for breach of these Terms or applicable law.
Upon termination, your right to use the Services ceases immediately. Sections of these Terms that by their nature should survive termination — including intellectual property, indemnification, limitations of liability, governing law and dispute resolution — will survive.
We reserve the right to modify, suspend or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.
We do not guarantee that the Services will be uninterrupted or error-free. We may experience downtime for maintenance, upgrades or events beyond our reasonable control.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.
Informal negotiations. Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days. Either party may initiate informal negotiations by sending a written notice describing the dispute to vedant@tark.tech.
Binding arbitration. If informal negotiations fail, the dispute shall be finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English. The arbitral award shall be final and binding.
Jurisdiction. Subject to the arbitration clause above, the courts at Mumbai shall have exclusive jurisdiction over any matter not subject to arbitration.
The Services may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, TARK disclaims all warranties, express or implied — including warranties of merchantability, fitness for a particular purpose and non-infringement.
TARK makes no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; or (c) the results obtained from using the Services will be accurate or reliable.
You acknowledge that TARK is a decision-support platform; final business decisions, and accountability for them, remain with you.
To the fullest extent permitted by applicable law, in no event shall TARK, its directors, employees or agents be liable for any indirect, incidental, special, consequential or exemplary damages — including loss of profits, revenue, data or goodwill — arising out of or in connection with your use of the Services.
TARK's aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the fees paid by you to TARK in the twelve (12) months preceding the event giving rise to liability, or (b) INR 10,000.
You agree to defend, indemnify and hold harmless TARK, its directors, officers, employees and agents from and against any loss, damage, liability, claim or demand — including reasonable legal fees — arising out of:
We reserve the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence.
We collect and process personal data in accordance with the Digital Personal Data Protection Act, 2023 and our Privacy Policy (made available separately on our website).
You retain all rights in any data you submit to the Services. You are responsible for the accuracy, quality and legality of such data and for ensuring you have the necessary consents to share it with us.
We maintain reasonable technical and organisational measures to protect your data against unauthorised access, alteration, disclosure or destruction.
You consent to receive electronic communications from us and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
You agree that electronic records and signatures — including click-through acceptance of these Terms — are legally valid and enforceable under the Information Technology Act, 2000.
These Terms, together with any policies or rules referenced herein, constitute the entire agreement between you and TARK regarding the Services.
Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
Nothing in these Terms creates any agency, partnership, joint venture or employment relationship between you and TARK.
For questions or concerns about these Terms, please contact us at:
TARK Technologies
Mumbai, Maharashtra, India
Email: vedant@tark.tech