Terms & Conditions

These Terms & Conditions ("Terms") govern the services provided by Finmarq Media Partners LLP ("Finmarq", "we", "us") to you or the business you represent ("Client", "you"). They apply to our website, proposals, and every engagement, and they work alongside the specific Statement of Work ("SOW") or proposal we agree with you. Where a signed SOW conflicts with these Terms, the SOW prevails for that engagement. If you have questions, email hello@finmarq.online.

1. The services

Finmarq provides behavioral finance, activation, lifecycle, and retention services for fintech apps, as described in the applicable SOW or proposal. The exact scope, deliverables, timelines, and metrics for each engagement are set out in that SOW. Anything not expressly included in the SOW is out of scope and may be quoted separately.

2. Your responsibilities

Our work depends on your cooperation. You agree to:

• Provide timely, accurate access to the accounts, analytics, tooling, and data we need to do the work;
• Give feedback and approvals within the timeframes set in the SOW;
• Implement, or allow us to implement, the changes and sequences we recommend; and
• Ensure you have the rights and consents needed for any content, data, or customer information you share with us.

Delays or restrictions on your side may affect timelines, results, and the performance guarantee in Section 5.

3. Fees

Fees are set out in the SOW and may take one or more of the following forms:

• Monthly retainer — a recurring fee for ongoing activation, lifecycle, and retention work, billed in advance each month;
• Per-project fixed fee — a set fee for a defined engagement, such as a funnel audit or rebuild; and/or
• Deposit and balance — a percentage payable on signing (the "Deposit"), with the remainder (the "Balance") payable as set out in the SOW (for example, on delivery or against milestones).

All fees are exclusive of applicable taxes (including GST), which will be added where required.

4. Payment terms

• The Deposit is 40% of the total engagement fee, is due on signing the SOW, and work does not begin until it is received.
• The Deposit is non-refundable in all circumstances. It covers the cost of mobilising our team and the work undertaken from the outset of the engagement, and it is not returned on cancellation, termination, or under the performance guarantee in Section 5.
• Invoices for the Balance and for retainers are payable within 7 days of the invoice date.
• Overdue amounts may accrue interest at 1.5% per month (18% per annum), and we may pause work until payment is brought current.

5. Performance guarantee

We stand behind our work. For an engagement covered by the guarantee, the following applies:

• What we measure against. Before work begins, we and you document, in writing in the SOW, your current baseline for the agreed primary conversion metric(s) (the "Baseline").
• The window. We measure our rewritten sequences against the Baseline over the 30 days following the agreed go-live date.
• What "outperform" means. The guarantee is met if the agreed primary metric measurably improves over the Baseline during that window, as measured by the analytics and method defined in the SOW.
• The remedy if we miss it. If our rewritten sequences do not outperform the Baseline within that 30-day window, the Balance is reduced by 50% — that is, you pay only 50% of the outstanding Balance, and the other 50% is waived. The non-refundable Deposit (Section 4) is retained in all cases.

The guarantee does not apply, and full fees remain payable, where the shortfall results from factors outside our control, including but not limited to: your delay in providing access, data, or approvals; failure to implement our recommendations; scope or product changes made during the engagement; insufficient user volume or traffic for a statistically meaningful measurement; or events outside either party's reasonable control.

6. No guarantee of specific outcomes

Except for the specific, limited guarantee in Section 5, we do not warrant or guarantee any particular commercial result, revenue figure, ranking, or return. Marketing and product outcomes depend on many factors beyond our control — including platform and algorithm changes, market conditions, your pricing and product, and your team's execution. Our services are provided on a professional, good-faith, reasonable-efforts basis.

7. Intellectual property

Unless the SOW says otherwise, on full payment of all fees due for an engagement, you own the final deliverables we create specifically for you. We retain ownership of our pre-existing materials, frameworks, methods, and tools, and we may use general knowledge, skills, and anonymised, aggregated learnings from the engagement to improve our services and for our own case studies with client names withheld.

8. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform or receive the services. This does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or in connection with an engagement will not exceed the total fees actually paid by you to us for that engagement. Nothing in these Terms limits any liability that cannot be limited by law.

10. Term and termination

Either party may terminate an engagement as set out in the SOW, or on 30 days' written notice for a retainer. On termination you remain liable for all fees for work performed up to the termination date, and the Deposit remains non-refundable. Sections that by their nature should survive termination (including Sections 4, 7, 8, 9, and 11) will continue to apply.

11. Governing law and jurisdiction

These Terms and any dispute arising from them are governed by the laws of India. The courts at Mumbai, India will have exclusive jurisdiction, subject to any alternative dispute-resolution process set out in the SOW.

12. Changes to these Terms

We may update these Terms from time to time. The "last updated" date above reflects the current version. The Terms in force when your SOW is signed govern that engagement.

13. Contact

Questions about these Terms? Email hello@finmarq.online.