Terms of Service

These terms are a binding agreement between you and gsjmedia, a registered sole proprietorship in India. By accessing gsjmedia.co or engaging our services you confirm you have read, understood and agree to be bound by them. If you do not agree, discontinue use of the site and our services.

We may modify these terms at any time. Material changes will be reflected by the “Last updated” date at the top of this page, and your continued use of the site after that date constitutes acceptance. Review them periodically. Changes do not alter the commercial terms of an engagement already agreed, which continue under the agreement you signed.

The site is operated from India and is not intended for distribution to, or use by, any person in a jurisdiction where that would be contrary to law. If you access it from elsewhere you do so on your own initiative and are responsible for complying with your local laws. Our services are not designed for, and may not be used in connection with, data subject to HIPAA, FISMA, GLBA or comparable sectoral regimes.

gsjmedia provides outbound systems, lead generation, AI automation, CRM and related services. The site itself is informational.

The scope, deliverables, fees and duration of any engagement are set out in a separate proposal, statement of work or agreement. If that document conflicts with these terms, that document governs the engagement it covers. These terms fill the gaps it does not address. We may improve how a service is delivered, but will not materially reduce agreed deliverables during a paid term without your agreement.

Outbound work fails without inputs, so these are obligations rather than requests. You agree to provide accurate information, timely feedback and approvals, and the access we need to platforms, domains and accounts to do the work.

You warrant that any data, content, logo or material you give us is yours to give, and that our using it as instructed will not infringe anyone’s rights or breach any law. Where we are delayed because inputs, access or approvals were not provided, timelines move accordingly and fees remain payable.

When we run campaigns for you, you are the controller of the contact data and the sender of record. You are responsible for ensuring your outreach complies with the law that applies to it, including CAN-SPAM in the United States, GDPR and UK GDPR in Europe, CASL in Canada, and the Digital Personal Data Protection Act 2023 and TRAI regulations in India.

We build campaigns to good practice: accurate sender identity, a working opt-out in every message, honouring unsubscribes immediately, and maintaining suppression lists. We will not knowingly send on your behalf to purchased or scraped consumer lists, and we may refuse or stop any campaign we believe breaches the law or a platform’s terms. If you instruct us to send to a list, you confirm you have a lawful basis to contact those people.

Fees, currency and billing cycle are those stated in your engagement agreement. Unless it says otherwise, invoices are due on receipt and retainers are billed in advance of the period they cover.

Fees are exclusive of GST and any other applicable taxes, which you pay in addition. Third-party costs we incur on your behalf, such as domains, mailboxes, data credits and platform subscriptions, are passed through and payable whether or not the engagement continues. Overdue amounts may attract interest at 1.5% per month and we may suspend work on an account in arrears. Refunds are governed by our Refund Policy.

An engagement runs for the term stated in its agreement and continues month to month afterwards unless either of us gives 30 days’ written notice. Either of us may terminate immediately if the other commits a material breach and has not fixed it within 14 days of written notice, and we may terminate immediately if continuing would put us in breach of the law or a platform’s terms. On termination you pay for work performed and costs committed up to that date, we hand over the deliverables you have paid for, and we return or delete your data as described in our Privacy Policy. Clauses meant to survive termination do so.

Ours. The site, its content, software and design, our brand and marks, and our methods, templates, workflows, prompts and underlying systems are owned or licensed by us and protected by intellectual property law. You receive a limited, non-transferable licence to access the site for your own business evaluation. No content or marks may be copied, reproduced, reverse-engineered or otherwise exploited without our written consent.

Yours. You keep ownership of your data, contact lists, brand and any materials you give us, and grant us a licence to use them for the duration of the engagement solely to deliver the services.

Deliverables. On full payment you own the campaign-specific deliverables produced for you, such as your copy, sequences and lead data. That does not extend to the underlying tooling, frameworks or know-how used to make them, which we remain free to reuse.

Portfolio. We may name you as a client and describe results in anonymised form. Tell us in writing if you would rather we did not, and we will not.

By using the site you represent and warrant that you have the legal capacity to agree to these terms and are at least 18; that if you are accepting on behalf of a company you have authority to bind it; that the information you give us is accurate and kept up to date; that you will not access the site by automated or non-human means such as bots or scripts; and that your use of the site will not be for any illegal or unauthorised purpose. If any information you provide is untrue or incomplete, we may suspend or terminate your access.

You may not access or use the site for any purpose other than that for which we make it available. Specifically, you agree not to:

Systematically retrieve data or content from the site to build a collection or database without our written permission; trick, defraud or mislead us or other users; circumvent, disable or interfere with security features; disparage or harm us or the site; use information from the site to harass, abuse or harm another person; make improper use of our support services or submit false reports of abuse; use the site inconsistently with any applicable law or regulation; engage in unauthorised framing of or linking to the site; upload or transmit viruses, malware, spyware or any material that interferes with anyone’s use of the site; use automated systems such as scripts, data-mining tools, robots or similar to access the site; remove copyright or proprietary notices; impersonate another user or person; sell or otherwise transfer your profile; harass, intimidate or threaten our employees or agents; attempt to bypass measures designed to prevent or restrict access; copy, adapt or reverse-engineer any of the site’s software; collect email addresses or usernames from the site for the purpose of sending unsolicited email; or use the site or our content as part of any effort to compete with us.

The same applies to our services: do not use them to break the law, infringe anyone’s rights, send deceptive messages, or resell or white-label our work without written agreement. We may suspend access immediately if you do.

If you post, submit or otherwise make available any content through the site, you confirm it is yours or you are authorised to share it, that it does not infringe anyone’s rights, and that it is lawful. You retain ownership, and you grant us a non-exclusive licence to use and display it in connection with operating and promoting the site and our services. If you do not want your contribution used that way, do not submit it.

Any feedback, suggestions or ideas you send us about our services become our property and we may use them freely, without acknowledgment or compensation and without obligation to you. Do not send us anything under this heading that you regard as confidential.

The site links to third-party websites, and our services run on third-party platforms including email sending tools, data providers, CRMs, AI providers and mailbox providers. We do not control them, we do not endorse them, and we are not responsible for their content, accuracy, practices or decisions. Your use of them is subject to their terms, and their availability, pricing, policy changes and account actions are outside our control. We are not liable for what they do, including suspending or restricting an account.

We reserve the right, but not the obligation, to monitor the site for violations of these terms; to take appropriate legal action against anyone who breaches them; to refuse, restrict or disable access to the site or any part of it; to remove or disable content that is excessive or burdensome on our systems; and otherwise to manage the site in a way that protects our rights and property and supports its proper functioning.

Each of us may learn non-public information about the other. Both of us agree to use it only for the engagement, to protect it with at least reasonable care, and not to disclose it except to people who need it and are under similar obligations, or where the law compels disclosure. This does not cover information that is public, already known, independently developed, or lawfully received from someone else. These obligations continue for 3 years after the engagement ends.

Our Privacy Policy forms part of these terms and explains how we handle personal information, including our obligations under GDPR, the CCPA as amended by the CPRA, and India’s Digital Personal Data Protection Act 2023. We do not sell personal data. By using the site you consent to the processing and international transfers described there.

We work hard to produce results and we point to real numbers elsewhere on this site, but outbound outcomes depend on your offer, your market, your pricing, your sales follow-up and factors none of us controls. We do not guarantee any specific number of meetings, replies, deliverability rate, pipeline or revenue, and nothing on this site or in our marketing is a promise of a particular outcome.

The site and its content are provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the site or its content, and we do not warrant that it will be uninterrupted or error free. Nothing here excludes liability that cannot lawfully be excluded.

To the fullest extent permitted by law, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunity, even if warned they were possible. Our total aggregate liability arising out of the site or the services is limited to the fees you paid us in the 6 months preceding the event giving rise to the claim.

You agree to indemnify and hold us harmless from any loss, damage, liability, claim or reasonable cost arising out of your use of the site, your breach of these terms, any data or content you supplied to us, outreach we sent on your instructions to contacts you confirmed you had a lawful basis to reach, or your violation of any law or third-party right.

Neither of us is liable for failing to perform because of events outside reasonable control, including natural disasters, war, civil unrest, epidemics, strikes, government action, power or internet failures, and outages or policy changes at major platforms and mailbox providers. Payment obligations already incurred are not excused.

Visiting the site and sending us emails constitutes electronic communication. You consent to receive communications from us electronically and agree that all agreements, notices and disclosures we provide electronically satisfy any legal requirement that they be in writing.

You may not assign these terms without our written consent; we may assign them to a successor of the business. If any provision is held unenforceable, the rest stays in force and that provision is limited to the minimum extent necessary. Failing to enforce a right is not a waiver of it. These terms, together with your engagement agreement and the policies linked from this site, are the entire agreement between us.

These terms and any dispute arising from them are governed by the laws of India, without regard to conflict of law principles. Subject to the dispute resolution clause below, the courts of Rajasthan, India have exclusive jurisdiction.

If a dispute arises, both of us agree to attempt to resolve it informally first by writing to info@gsjmedia.co and allowing 30 days. If that fails, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act 1996, seated in Rajasthan, India and conducted in English. The arbitrator’s award is final and binding. Where a matter is not arbitrable, it proceeds to the courts named above.

Questions about these terms go to info@gsjmedia.co.