Agreement to these terms
These Terms of Services ("Terms") form a legally binding agreement between you and LUPIQ Studio LLP, a Limited Liability Partnership registered in India with its registered office at Prowork, 235, Binnamangala, 2nd Floor, 13th Cross Road, 2nd Stage, Indira Nagar, Bengaluru – 560038, Karnataka, India ("LUPIQ", "we", "us", or "our"). They govern your access to and use of lupiqstudio.com (the "Site") and any content, features, or services we make available through it (the "Services").
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Legal License, which are incorporated by reference. If you do not agree, you must not access or use the Site or the Services. If you use the Site on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
Eligibility
You must be at least 18 years old and capable of forming a legally binding contract to use the Site and Services. By using them, you represent and warrant that you meet these requirements and that the information you provide is accurate and current.
The Site is informational; engagements are governed by a separate contract
The Site, including descriptions of our work, capabilities, and approach, is provided for general information only. It does not constitute an offer, a guarantee of results, professional advice, or a commitment to provide services.
Any provision of Services by LUPIQ to a client is governed by a separate written agreement — such as a proposal, statement of work, master services agreement, or order form (each, an "Engagement Agreement"). Where these Terms conflict with a signed Engagement Agreement, the Engagement Agreement prevails with respect to that engagement. Nothing on the Site creates a client, advisory, or fiduciary relationship in the absence of such an agreement.
Acceptable use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not:
- Use the Site in any way that breaches applicable law or regulation, or infringes the rights of any third party.
- Copy, scrape, harvest, frame, mirror, or systematically extract data or content from the Site, or use it to build a competing or derivative product or dataset, without our prior written consent.
- Introduce malware, attempt to gain unauthorised access to, interfere with, damage, or disrupt the Site, its servers, or any connected systems or networks.
- Reverse engineer, decompile, or attempt to derive source code from any part of the Site, except to the extent such restriction is prohibited by law.
- Use automated systems, bots, or AI tools to access the Site in a manner that imposes an unreasonable load, circumvents access controls, or replicates our content or methods.
- Misrepresent your identity or affiliation, or use the Site to transmit unsolicited or unlawful communications.
Intellectual property rights
The Site and all of its contents — including text, graphics, layouts, user interfaces, designs, images, video, audio, illustrations, code, and the selection and arrangement thereof, together with the LUPIQ name, logo, and brand identity (collectively, the "LUPIQ Materials") — are owned by or licensed to LUPIQ and are protected by copyright, trademark, design, and other intellectual property laws in India and worldwide.
Except for the limited rights expressly granted in our Legal License, no right, title, or interest in the LUPIQ Materials is transferred to you. Any unauthorised use terminates the permission granted by us and may violate applicable law. Ownership of deliverables created during a client engagement is governed solely by the relevant Engagement Agreement.
Your submissions and feedback
If you send us enquiries, briefs, materials, or other content through the Site, you represent that you have the right to do so and that your submission does not infringe any third-party rights or violate any law. You retain ownership of your content, and you grant us a non-exclusive, royalty-free licence to use it solely to respond to and evaluate your enquiry.
If you provide suggestions, ideas, or feedback about the Site or Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback for any purpose, without obligation or compensation to you.
Fees, invoicing, and taxes
The Site itself is provided free of charge. Fees for Services are set out in the applicable Engagement Agreement. Unless that agreement states otherwise, fees are exclusive of taxes, duties, and levies (including GST), which are payable by the client; invoices are due within the period stated on the invoice; and late payments may accrue interest at the rate permitted by law and may result in suspension of work. All amounts paid are non-refundable except as expressly provided in the Engagement Agreement.
Third-party links, services, and content
The Site may contain links to, or integrate, third-party websites, tools, or content that we do not own or control. We provide these for convenience only and do not endorse and are not responsible for them. Your use of any third-party service is at your own risk and subject to that third party's terms and policies.
Disclaimer of warranties
To the fullest extent permitted by applicable law, the Site and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. LUPIQ expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Site is free of harmful components, or that any information on it is accurate, complete, or current. Any reliance you place on Site content is strictly at your own risk. This section does not exclude any warranty or right that cannot be excluded under applicable law.
Limitation of liability
To the fullest extent permitted by applicable law, LUPIQ and its partners, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, arising out of or in connection with your access to or use of (or inability to use) the Site, whether based in contract, tort (including negligence), strict liability, or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to your use of the Site (as distinct from a paid engagement, whose liability is governed by its Engagement Agreement) will not exceed one hundred US dollars (USD 100) or its equivalent. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by our negligence.
Indemnification
You agree to indemnify, defend, and hold harmless LUPIQ and its partners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Site, your violation of any law or third-party right, or any content you submit to us.
Suspension and termination
We may suspend, restrict, or terminate your access to the Site at any time, without notice or liability, if we reasonably believe you have breached these Terms or applicable law, or to protect the Site, our users, or LUPIQ. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
Force majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest, governmental action, labour disputes, failures of utilities, internet or hosting providers, or third-party services.
Governing law and dispute resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes) are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
Subject to the following, the courts at Bengaluru, Karnataka, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site. The parties shall first attempt to resolve any dispute amicably through good-faith negotiation; failing which, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by LUPIQ, with the seat and venue of arbitration at Bengaluru, Karnataka, India, and the proceedings conducted in English. This clause does not prevent either party from seeking urgent injunctive or equitable relief from a competent court to protect its intellectual property or confidential information.
General provisions
These Terms, together with the Privacy Policy, Legal License, and any applicable Engagement Agreement, constitute the entire agreement between you and LUPIQ regarding the Site and supersede all prior understandings. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign ours in connection with a corporate transaction. Nothing in these Terms creates any partnership, agency, or employment relationship between you and us.
Changes to these terms and contact
We may revise these Terms from time to time. The "Last updated" date above shows when they were last changed, and revised Terms take effect when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.
Questions about these Terms? Contact us at info@lupiqstudio.com or write to LUPIQ Studio LLP, Prowork, 235, Binnamangala, 2nd Floor, 13th Cross Road, 2nd Stage, Indira Nagar, Bengaluru – 560038, Karnataka, India.
Related
