Terms of Use

These Website Terms and Conditions (“Terms”) govern your access to and use of www.penandslate.com, including its pages, articles, reports, case studies, market intelligence, calculators, forms, downloads, newsletters, videos, AI-assisted features, and other online resources.

The website is operated by Pen&Slate, a brand of TECHINDUSTAN SOLUTIONS PRIVATE LIMITED. In these Terms, “Pen&Slate,” “we,” “us,” and “our” refer to the applicable tecHindustan operating entity.

By accessing or using the website, you agree to these Terms and our Privacy Policy.

If you do not agree, you must not use the website.

1. About Pen&Slate

Pen&Slate provides growth marketing and related professional services, which may include:

  • Performance marketing;
  • Paid search and paid social advertising;
  • Content marketing;
  • Search engine optimization;
  • Conversion rate optimization;
  • Marketing analytics and data services;
  • Creative and design services;
  • Market intelligence;
  • Brand and growth strategy;
  • Marketing automation;
  • AI-assisted growth systems;
  • Website and funnel analysis;
  • Campaign audits;
  • Reporting;
  • Consulting; and
  • Related digital services.

Descriptions on the website are provided for general information and may change without notice.

2. Website Terms Versus Client Agreements

These Terms primarily govern use of the public Pen&Slate website.

Any paid services, ongoing engagement, project, campaign, subscription, software access, or professional relationship may be governed by a separate:

  • Proposal;
  • Statement of work;
  • Master services agreement;
  • Order form;
  • Service agreement;
  • Data processing agreement;
  • Subscription agreement; or
  • Other written contract.

If a signed client agreement conflicts with these Terms, the signed client agreement will control for the applicable services.

Submitting a contact form, requesting an audit, booking a call, or receiving a proposal does not create a client relationship unless Pen&Slate and the applicable client enter into a written agreement.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the website.

If you use the website on behalf of a company or another organization, you represent that:

  • You are authorized to act on its behalf; and
  • Your acceptance of these Terms legally binds that organization.

4. Permitted Use

Subject to these Terms, Pen&Slate grants you a limited, revocable, non-exclusive, non-transferable license to access and use the website for lawful personal or internal business purposes.

This license does not transfer ownership of any website content or intellectual property.

5. Prohibited Conduct

You must not:

  • Use the website for an unlawful, fraudulent, deceptive, or harmful purpose;
  • Attempt to gain unauthorized access to the website, its servers, systems, accounts, or networks;
  • Bypass, disable, or interfere with security features;
  • Upload malware, malicious code, viruses, or harmful material;
  • Interfere with website availability or performance;
  • Conduct vulnerability scans or penetration tests without written authorization;
  • Scrape, crawl, harvest, extract, or systematically copy website data without authorization;
  • Use bots or automated systems in a manner that creates an unreasonable burden;
  • Impersonate another person or misrepresent an affiliation;
  • Submit false, misleading, infringing, defamatory, or unlawful information;
  • Collect information about other users without authorization;
  • Copy, republish, sell, sublicense, or commercially exploit website content except as expressly authorized;
  • Remove copyright, trademark, or proprietary notices;
  • Frame, mirror, or reproduce substantial portions of the website;
  • Use Pen&Slate content to develop a competing database, service, report, product, or commercial offering;
  • Use the website to violate another party’s privacy, intellectual property, contractual, or other legal rights; or
  • Encourage or assist another person in prohibited conduct.

6. Website Content

Website content is provided for general informational and marketing purposes.

Although we aim to provide useful and accurate information, the website may contain:

  • Generalizations;
  • Estimates;
  • Forecasts;
  • Industry benchmarks;
  • Historical information;
  • Third-party data;
  • Illustrative examples;
  • Case studies;
  • Hypothetical scenarios; and
  • Information that becomes outdated.

You should independently evaluate information before relying on it for a material business, legal, financial, advertising, technology, or investment decision.

7. No Professional Advice

Website content does not constitute:

  • Legal advice;
  • Tax advice;
  • Accounting advice;
  • Financial advice;
  • Investment advice;
  • Cybersecurity advice;
  • Regulatory advice; or
  • A guarantee that a particular strategy is appropriate for your business.

You should consult appropriately qualified professionals regarding matters requiring professional advice.

8. Audits, Assessments, and Consultations

Pen&Slate may offer free or paid audits, assessments, marketing plans, reports, consultations, or strategy calls.

We may determine:

  • Whether a request qualifies;
  • The scope of an audit or assessment;
  • The information required;
  • Whether we are able to provide the requested review; and
  • Whether a prospective engagement is an appropriate fit.

An audit or consultation:

  • Is based on the information reasonably available at the time;
  • May not identify every issue or opportunity;
  • Is not a comprehensive legal, financial, technical, privacy, accessibility, or security review;
  • Does not create a professional relationship beyond its stated scope; and
  • Does not guarantee that implementing a recommendation will produce a particular outcome.

9. No Guaranteed Marketing Results

Marketing performance depends on factors outside Pen&Slate’s control, including:

  • Market conditions;
  • Competition;
  • Customer demand;
  • Product pricing;
  • Product quality;
  • Website performance;
  • Client responsiveness;
  • Platform policies;
  • Advertising algorithms;
  • Search-engine algorithms;
  • Tracking limitations;
  • Budget;
  • Creative quality;
  • Inventory;
  • Customer service;
  • Regulatory developments; and
  • Third-party technology.

Unless expressly stated in a signed written agreement, Pen&Slate does not guarantee:

  • Rankings;
  • Traffic;
  • Leads;
  • Sales;
  • Revenue;
  • Return on advertising spend;
  • Conversion rates;
  • Customer acquisition costs;
  • Advertising approvals;
  • Media placement;
  • Platform availability; or
  • Any other business result.

Past performance, case studies, testimonials, benchmarks, and projections are not guarantees of future performance.

10. Calculators, Reports, and Market Intelligence

Pen&Slate may provide calculators, benchmarks, market reports, forecasts, dashboards, templates, or other analytical resources.

These resources may rely on:

  • Information entered by the user;
  • Publicly available information;
  • Third-party data;
  • Statistical assumptions;
  • Industry estimates;
  • Historical data;
  • Automated calculations; or
  • Model-generated analysis.

Results are estimates and may not reflect your actual circumstances.

You are responsible for reviewing assumptions and verifying information before making business decisions.

Pen&Slate is not responsible for losses arising from reliance on an estimate, forecast, benchmark, market-size figure, calculator, or automated output.

11. Artificial Intelligence and Automated Outputs

Some website features, reports, recommendations, or services may use artificial intelligence, machine learning, automation, or third-party models.

AI-assisted outputs may be incomplete, inaccurate, outdated, or unsuitable for a particular purpose.

You must independently review AI-assisted outputs before using, publishing, distributing, or relying on them.

You must not submit through an AI-enabled feature:

  • Confidential client information;
  • Trade secrets;
  • Authentication credentials;
  • Payment-card information;
  • Health information;
  • Government identification numbers;
  • Regulated personal information; or
  • Information you are not authorized to disclose.

Unless the feature expressly permits the information and appropriate contractual and security safeguards are in place.

Pen&Slate does not guarantee that automated or AI-assisted content will be:

  • Error-free;
  • Original;
  • Non-infringing;
  • Legally compliant;
  • Suitable for publication;
  • Accepted by advertising platforms;
  • Accepted by search engines; or
  • Appropriate for a regulated industry.

12. Intellectual Property

The website and its content are owned by or licensed to Pen&Slate, tecHindustan, or their respective licensors.

Protected content may include:

  • Brand names;
  • Logos;
  • Trademarks;
  • Text;
  • Articles;
  • Reports;
  • Market research;
  • Case studies;
  • Graphics;
  • Videos;
  • Photographs;
  • Illustrations;
  • Layouts;
  • Designs;
  • Software;
  • Calculators;
  • Templates;
  • Methodologies;
  • Data compilations;
  • Code; and
  • Website structure.

These materials are protected by copyright, trademark, trade-secret, and other intellectual property laws.

Except as expressly authorized, you may not reproduce, modify, distribute, publish, transmit, display, license, sell, create derivative works from, or commercially exploit website content.

13. Limited Downloads and Internal Use

Where the website permits you to download a report, guide, checklist, or similar resource, you may use it for your own personal or internal business purposes.

Unless we provide written permission, you may not:

  • Resell the resource;
  • Repackage it as your own;
  • Remove attribution;
  • Publish substantial portions;
  • Upload it to a commercial database;
  • Use it to train a commercial model;
  • Distribute it as a paid product; or
  • Use it to create a competing service.

Reasonable quotations may be used where permitted by applicable law and accompanied by appropriate attribution.

14. User Submissions

You may submit inquiries, project information, comments, feedback, files, business information, or other materials through the website.

You retain ownership of material you lawfully own.

By submitting material, you grant Pen&Slate a non-exclusive, worldwide, royalty-free license to:

  • Receive;
  • Store;
  • Reproduce;
  • Review;
  • Analyze;
  • Transmit;
  • Modify for technical purposes; and
  • Otherwise use the material

to respond to your request, evaluate a potential engagement, operate the website, provide requested services, and fulfill legitimate business purposes described in our Privacy Policy.

You represent that:

  • You have the right to provide the material;
  • The material is accurate to the best of your knowledge;
  • The material does not violate law;
  • The material does not infringe third-party rights; and
  • Pen&Slate’s authorized use will not violate an agreement or duty owed to another party.

You should not submit confidential information unless appropriate confidentiality arrangements are in place.

15. Feedback

If you voluntarily provide ideas, suggestions, recommendations, or feedback concerning the website or our services, we may use that feedback without restriction or compensation, provided that we do not publicly identify you without permission.

16. Case Studies and Testimonials

Case studies, testimonials, results, and examples may describe individual client experiences.

Results vary and depend on the facts and circumstances of each engagement.

A case study does not represent, warrant, or guarantee that another client will receive the same or similar results.

Where appropriate, information may be rounded, aggregated, anonymized, or presented for illustrative purposes.

Client-identifying case studies will be used in accordance with applicable agreements and permissions.

17. Third-Party Platforms and Links

The website may link to or integrate with third-party websites, social networks, advertising platforms, scheduling systems, payment providers, video services, analytics services, or other tools.

Third-party services are not controlled by Pen&Slate.

We do not warrant or endorse:

  • Their content;
  • Their availability;
  • Their security;
  • Their privacy practices;
  • Their terms;
  • Their products; or
  • Their services.

Your use of a third-party service is governed by the applicable third party’s terms and policies.

18. Platform Changes

Advertising platforms, search engines, social media platforms, analytics providers, browsers, operating systems, and other third parties may change their:

  • Algorithms;
  • Policies;
  • APIs;
  • Attribution methods;
  • Tracking capabilities;
  • Pricing;
  • Features;
  • Approval standards; or
  • Availability.

Pen&Slate is not responsible for third-party platform changes, suspensions, outages, data discrepancies, or decisions.

19. Privacy

Our collection and use of personal information are described in our Privacy Policy.

By using the website, you acknowledge that internet transmissions and electronic storage cannot be guaranteed to be completely secure.

20. Electronic Communications

When you contact us electronically, submit a form, or subscribe to communications, you agree that we may communicate with you electronically concerning your request or relationship with us.

You may unsubscribe from promotional email communications at any time.

Providing a telephone number through a general website form does not constitute consent to receive automated promotional text messages unless a separate consent statement expressly provides otherwise.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL WEBSITE CONTENT, TOOLS, REPORTS, DOWNLOADS, CALCULATORS, AND RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PEN&SLATE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • AVAILABILITY;
  • SECURITY; AND
  • ERROR-FREE OPERATION.

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL ALWAYS BE AVAILABLE;
  • THE WEBSITE WILL BE FREE FROM ERRORS OR HARMFUL COMPONENTS;
  • DEFECTS WILL BE CORRECTED;
  • INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT; OR
  • USE OF THE WEBSITE WILL PRODUCE A PARTICULAR BUSINESS RESULT.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEN&SLATE, TECHINDUSTAN, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND LICENSORS WILL NOT BE LIABLE FOR ANY:

  • INDIRECT;
  • INCIDENTAL;
  • SPECIAL;
  • EXEMPLARY;
  • PUNITIVE; OR
  • CONSEQUENTIAL DAMAGES,

INCLUDING LOSS OF:

  • PROFITS;
  • REVENUE;
  • DATA;
  • GOODWILL;
  • BUSINESS OPPORTUNITIES;
  • ADVERTISING SPEND; OR
  • ANTICIPATED SAVINGS,

ARISING FROM OR RELATING TO:

  • USE OR INABILITY TO USE THE WEBSITE;
  • RELIANCE ON WEBSITE CONTENT;
  • THIRD-PARTY LINKS OR SERVICES;
  • SECURITY INCIDENTS OUTSIDE OUR REASONABLE CONTROL;
  • AI OR AUTOMATED OUTPUTS; OR
  • UNAUTHORIZED ACCESS TO USER SUBMISSIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEN&SLATE’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE PUBLIC WEBSITE WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID PEN&SLATE SPECIFICALLY FOR ACCESS TO THE WEBSITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  2. US $100.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

Liability relating to paid professional services will be governed by the applicable signed client agreement.

23. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Pen&Slate, tecHindustan, their affiliates, and their respective personnel from claims, liabilities, losses, damages, judgments, costs, and reasonable legal fees arising from:

  • Your unlawful use of the website;
  • Your violation of these Terms;
  • Material you submit;
  • Your infringement of another party’s rights; or
  • Your fraud, willful misconduct, or unauthorized activity.

Pen&Slate may assume control of the defense of a covered matter, and you agree to provide reasonable cooperation.

24. Suspension and Termination

We may restrict, suspend, or terminate access to the website without prior notice where we reasonably believe:

  • These Terms have been violated;
  • Access creates a security or legal risk;
  • Fraudulent or abusive activity has occurred;
  • Continued access may harm Pen&Slate, a client, another user, or a third party; or
  • Suspension is required by law.

Provisions that logically should survive termination will remain effective, including intellectual property, disclaimers, liability limitations, indemnification, and dispute provisions.

25. Changes to the Website

We may modify, suspend, remove, or discontinue any website feature, resource, or content at any time.

We are not obligated to continue offering any free resource, calculator, report, audit, tool, or feature.

26. Changes to These Terms

We may update these Terms to reflect changes in:

  • Our website;
  • Our services;
  • Our business;
  • Applicable law; or
  • Our operational practices.

Updated Terms will be posted with a revised “Last Updated” date.

Your continued use of the website after updated Terms take effect constitutes acceptance of the revised Terms.

Material changes will be communicated where required by law.

27. Governing Law and Venue

Recommended clause when the Indian tecHindustan entity operates the website

These Terms are governed by the laws of India, without regard to conflict-of-law rules.

Subject to any mandatory consumer-protection rights that cannot lawfully be waived, the courts located in Sahibzada Ajit Singh Nagar (Mohali), Punjab, India will have exclusive jurisdiction over disputes arising from or relating to these Terms or the website.

28. Mandatory Legal Rights

Nothing in these Terms excludes, restricts, or modifies a right or remedy that cannot legally be excluded, restricted, or modified under applicable law.

29. Severability

If a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in effect.

30. Waiver

A failure to enforce a provision of these Terms is not a waiver of that provision or any other right.

31. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign these Terms in connection with a reorganization, merger, acquisition, sale of assets, affiliate restructuring, or transfer of the website or business.

32. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement concerning use of the public website.

They do not replace a signed proposal, statement of work, master services agreement, order form, or other client contract.

33. Contact Us

Questions about these Terms may be directed to:

Pen&Slate
A brand of TECHINDUSTAN SOLUTIONS PRIVATE LIMITED.

Address:
ITC 11, 3rd Floor
Sector 67
Mohali, Punjab 160062
India

Email: hi@penandslate.com