These Terms and Conditions ("Terms") form a legally binding agreement between Hashtag Orange ("we", "us", "our", or "the Company"), a company incorporated in India, and the entity or individual ("you", "Customer", or "User") that accesses or uses the AdPilot service available at https://media-analytics.hashtagorange.in and any related applications, APIs, or interfaces (collectively, "the Service").
By creating an account, signing in, connecting a third party account, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you are accepting these Terms on behalf of a company, agency, or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
If you do not agree with any part of these Terms, you must not use the Service.
1. Definitions
1.1 "Account" means the credentials and configuration associated with a registered user of the Service.
1.2 "Agency" means a business entity that uses the Service to manage advertising data on behalf of one or more Brands.
1.3 "Brand" means a workspace within the Service that represents a single advertised business, product line, or campaign owner.
1.4 "Connected Account" means a third party advertising account (for example, Google Ads, Meta Ads, or similar platforms) that has been linked to the Service through an authorised OAuth flow.
1.5 "Customer Data" means all data that you upload, input, generate, or that the Service ingests on your behalf from Connected Accounts. This includes but is not limited to advertising performance metrics, campaign metadata, audience demographics, and account configuration.
1.6 "Documentation" means any user manuals, help articles, technical specifications, or product descriptions published by us in relation to the Service.
1.7 "User" means any individual who accesses the Service through your Account or any sub account that you have authorised.
2. Eligibility and account registration
2.1 You must be at least eighteen (18) years of age and capable of forming a legally binding contract under applicable law.
2.2 You agree to provide accurate, current, and complete information during registration and to keep that information updated.
2.3 You are responsible for safeguarding your Account credentials, including passwords and authentication tokens, and for all activity occurring under your Account. You must notify us promptly at the contact address in Section 17 if you suspect unauthorised access.
2.4 The Service is intended for business use. Personal, household, or non commercial use is not contemplated and may result in suspension at our discretion.
3. Licence to use the Service
3.1 Subject to your compliance with these Terms, we grant you a limited, non exclusive, non transferable, non sublicensable, revocable licence to access and use the Service during the period your Account remains active.
3.2 The licence is granted solely for your internal business purposes, namely viewing, analysing, and reporting on advertising performance for Brands you control or are authorised to manage.
3.3 All rights not expressly granted in these Terms are reserved by us.
4. Acceptable use
4.1 You agree not to:
a. reverse engineer, decompile, or attempt to extract the source code of any part of the Service;
b. probe, scan, or test the vulnerability of the Service without our prior written consent;
c. interfere with or disrupt the integrity or performance of the Service or the data contained therein;
d. use the Service to store, transmit, or process any content that is unlawful, infringing, defamatory, or that violates the rights of any third party;
e. circumvent any rate limiting, authentication, or access control mechanism;
f. resell, rent, lease, or otherwise commercially exploit the Service without a separate written agreement;
g. use any robot, spider, scraper, or other automated means to access the Service except through documented APIs and within published rate limits.
4.2 We reserve the right to suspend or terminate Accounts engaged in conduct described in Section 4.1 with or without prior notice.
5. Connected Accounts and third party services
5.1 The Service relies on access tokens issued by third party platforms (including Google Ads and Meta Ads) under their respective developer programs. By connecting such an account, you authorise us to access and process Customer Data from that platform on your behalf, strictly in accordance with these Terms and the relevant platform's terms of service.
5.2 You represent that you have the necessary rights and permissions to grant such access. You are solely responsible for ensuring that connecting an account does not violate any agreement you have with the third party platform.
5.3 The Service is currently read only with respect to Connected Accounts. We do not modify campaigns, budgets, creatives, or any other configuration on the third party platform. Any change you wish to make to a Connected Account must be performed directly with the third party platform.
5.4 We are not responsible for outages, data loss, API changes, deprecation, rate limiting, or any other action or inaction by the third party platforms. The availability and accuracy of data fetched from Connected Accounts is subject to the operation of those platforms.
5.5 If a Connected Account becomes disconnected (token revoked, credential expired, account closed by the platform), you are responsible for reauthorising or removing it from the Service.
6. Customer Data and your responsibilities
6.1 As between you and us, you retain all right, title, and interest in and to your Customer Data.
6.2 You grant us a limited, worldwide, non exclusive, royalty free licence to access, host, store, process, transmit, and display Customer Data solely as necessary to provide and improve the Service for your benefit.
6.3 You are solely responsible for the accuracy, legality, and quality of Customer Data. You represent that the collection, transmission, and processing of Customer Data through the Service does not violate any applicable law, contract, or third party right.
6.4 You are responsible for backing up Customer Data that you wish to preserve outside the Service. We provide reasonable durability of the data we store on your behalf but do not warrant the recovery of data lost due to user error or events outside our reasonable control.
7. Intellectual property
7.1 The Service, including all software, designs, trademarks, logos, documentation, and any improvements thereto, is and remains the exclusive property of the Company and its licensors. No rights are conveyed to you except as expressly stated in Section 3.
7.2 Any feedback, suggestions, or ideas you submit regarding the Service may be used by us without obligation or compensation.
8. Fees and payment
8.1 If the Service is offered to you under a paid plan, the applicable fees, billing cycle, and payment terms will be set out in a separate order form, quote, or commercial agreement. In the absence of such a document, the Service is provided to you free of charge for evaluation purposes and may be suspended or modified at our discretion.
8.2 Taxes (including GST or any equivalent tax under Indian law) are in addition to the stated fees and are your responsibility.
8.3 Fees are non refundable unless required by law or expressly stated otherwise in a written commercial agreement.
9. Service availability and modifications
9.1 We make commercially reasonable efforts to keep the Service available, but we do not commit to any specific uptime unless a separate service level agreement is in place.
9.2 We may modify, enhance, suspend, or discontinue any part of the Service at any time. Where a change materially reduces functionality you rely on, we will use reasonable efforts to provide advance notice.
9.3 Scheduled maintenance, security updates, and emergency interventions may temporarily make parts of the Service unavailable.
10. Confidentiality
10.1 Each party agrees to protect the other party's confidential information using the same degree of care it uses for its own confidential information, but no less than reasonable care.
10.2 Confidential information does not include information that is publicly available through no fault of the receiving party, already known to the receiving party before disclosure, or independently developed without reference to the disclosing party's information.
11. Disclaimers
11.1 The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non infringement.
11.2 We do not warrant that the Service will be uninterrupted, error free, or completely secure, or that defects will be corrected.
11.3 Insights, recommendations, alerts, projections, or any other content surfaced by the Service are informational only and do not constitute professional advice. You are responsible for any business decisions you take based on the Service.
12. Limitation of liability
12.1 To the maximum extent permitted by law, in no event shall the Company, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.
12.2 Our aggregate liability for any and all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) ten thousand Indian Rupees (INR 10,000).
12.3 The limitations in this Section 12 apply regardless of the form of action, whether in contract, tort, statute, or otherwise.
13. Indemnification
13.1 You agree to defend, indemnify, and hold harmless the Company and its affiliates from any third party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your violation of these Terms, (b) your violation of any law or third party right, (c) your use of the Service in a manner not authorised by these Terms, or (d) Customer Data you submit or cause to be processed.
14. Term and termination
14.1 These Terms are effective on the date you first access the Service and continue until terminated.
14.2 You may terminate your Account at any time by deleting it via the Service settings or by contacting us in writing.
14.3 We may suspend or terminate your access immediately and without notice if we reasonably believe that you have violated these Terms, that your use poses a security or legal risk, or that continued provision of the Service has become impractical for us.
14.4 Upon termination, your right to use the Service ceases immediately. We may retain Customer Data for a limited period in accordance with our Privacy Policy and applicable law, after which it will be deleted or anonymised.
14.5 Sections that by their nature should survive termination (including Sections 6, 7, 10, 11, 12, 13, 16, and 17) shall so survive.
15. Force majeure
Neither party will be liable for delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, pandemic, natural disaster, war, terrorism, civil unrest, government action, labour disputes, power or telecommunications outages, third party platform outages, or internet service disruptions.
16. Governing law and dispute resolution
16.1 These Terms are governed by and construed in accordance with the laws of India, without reference to its conflict of laws principles.
16.2 The parties shall attempt in good faith to resolve any dispute arising out of or in connection with these Terms through informal negotiation. If the dispute is not resolved within thirty (30) days of written notice, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996.
16.3 The seat and venue of arbitration shall be Bengaluru, India. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, in the English language.
16.4 Subject to Section 16.2, the courts at Bengaluru, India shall have exclusive jurisdiction over any matter not subject to arbitration.
17. Notices and contact
Notices to us must be sent in writing to:
Hashtag Orange Attention: Legal Email: legal@hashtagorange.in
We may give notices to you by posting on the Service, by email to the address associated with your Account, or by any other reasonable means.
18. General
18.1 Entire agreement. These Terms, together with the Privacy Policy and any commercial agreement signed by both parties, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on the same subject matter.
18.2 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
18.3 Waiver. No waiver of any provision is effective unless given in writing, and no waiver shall be deemed a continuing waiver.
18.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all assets.
18.5 No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
18.6 Amendment. We may amend these Terms from time to time. Material amendments will be communicated to you with reasonable notice. Continued use of the Service after an amendment takes effect constitutes acceptance.
18.7 Headings. Headings are for convenience only and do not affect interpretation.