Last Updated: Sep 9, 2024

These Terms of Service (“Agreement“) are a legally binding agreement between the user or subscriber of the Services (“User” or “you“) and Chowdhury’s Digital (“we” or “us“). By registering for the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and Chowdhury’s Digital, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.

1. SERVICES
   
   1. Definition. The “Services” consist of a suite of online marketing and management tools for search engine optimization (“SEO“), social media and digital marketing, which includes tools for research and analysis, link building, campaign management, automated tracking of search engine performance, analytics and conversion tracking, and SEO reports. Among other things, the Services enable Users to conduct internet-advertising campaigns, obtain information related to their ongoing advertising campaigns, generate reports and analytics on web pages or advertising campaigns, and access an extensive array of resources.
   2. Updates; Additional Services. The Services include all updates, modifications, and enhancements thereto that Chowdhury’s Digital elects to make generally available to its users of the Services at no additional charge (“Updates”). All Updates shall be subject to the terms of this Agreement. You may subscribe to additional products and services from Chowdhury’s Digital, which shall be subject to the terms of this Agreement, including any supplementary terms applicable to such additional products and services, or to separate terms and conditions to be accepted by you prior to subscribing to such additional products and services.
   3. Third Party Sites, Services, and Products. The Services and this Website may refer or link to third-party sites, products, or services. Third-party sites to which we link or access are provided to you for your convenience only and are not under our control. We are not responsible for the content available on any third-party sites, and linking to any third-party sites or giving access to them does not imply our endorsement of any content or information on such third-party sites. We are not responsible for monitoring any transaction between you and any such third-party sites and do not warrant, endorse, guarantee, or assume responsibility for them. Your use of these third-party services and products may be subject to additional third-party terms of service and privacy policies.
2. DISPUTE RESOLUTION BY BINDING ARBITRATION
   1. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Services or Website (each, a “Claim”), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the “Consultation Notice”). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought (“Demand”). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this section.
   2. You agree to arbitrate all Claims between you and us that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this section).
   3. This arbitration agreement does not preclude you from bringing an individual action in small claims court if your claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Further, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
   4. The arbitration will be governed by the American Arbitration Association (“AAA“) under its then-prevailing rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules“), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules.
3. USE OF SERVICES
   1. Visitors and Users. You can visit the Website in a visitor (non-registered) capacity; however, to use the Services, you must register as either a paid or unpaid User. As an unpaid User, you will have access only to certain limited functionality within the Services that Chowdhury’s Digital elects to make available on an unpaid trial or free basis (“Unpaid Services”). As a paid User, you will have access to certain additional features, which may include, without limitation, reporting and the ability to save your preferences and other settings (“Paid Services”).
   2. Right to Use Services. Subject to the terms and conditions of this Agreement, Chowdhury’s Digital hereby grants you permission to access and use the Services and the Website solely for your own internal business purposes in accordance with this Agreement and the limitations of the subscription plan that you select when subscribing to the Services (“Subscription Plan”).
   3. Restrictions. You may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Services or any portion thereof available to any third party; (b) use the Services for any purpose or in any manner that is unlawful or is prohibited by this Agreement; (c) read or attempt to read or derive the source code of the Services or the software underlying the Services (except as permitted by law); (d) work around any technical limitations in the Services; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality, or performance of the Services or its components; (f) use the Services in any manner that damages or impairs the Website or interferes with any other party’s use of the Services; (g) modify, translate, adapt, create, or attempt to create any derivative works of the Services; (h) access the Services if you are a competitor of ours or use the Services to build a similar or competitive work; (i) hack or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; or (j) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
4. FEES AND PAYMENT
   1. Fees. Users of Paid Services will be charged the fees set forth in the relevant Subscription Plan or as otherwise agreed with Chowdhury’s Digital in a written order document or other writing signed by Chowdhury’s Digital and you (the “Fees”). At the end of the trial period for Paid Services, you will be automatically charged the Fees for the Paid Services as set forth in the Subscription Plan. You agree to pay the Fees monthly or annually in advance according to your Subscription Plan, or as otherwise agreed between you and us, by credit card or another payment method accepted on the Website. If you pay for the Services by credit card, you authorize us to automatically update your credit card information to pay for the Services, to maintain continuity of payments and avoid suspension of the Services for failure to pay.
5. OWNERSHIP AND INTELLECTUAL PROPERTY
   
   1. Proprietary Rights. You agree that all rights, title, and interest in and to the Website, Services, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, are and will remain the sole and exclusive property of Chowdhury’s Digital, its licensors, or affiliates. Except for access to the Services, no other rights are granted to you with respect to the Website or Services. Chowdhury’s Digital reserves all rights not expressly granted in this Agreement.
   2. Marks. Chowdhury’s Digital and all other marks are the trademarks or service marks of Chowdhury’s Digital or its affiliate. All other marks and logos are property of their respective owners. You may not use the Chowdhury’s Digital marks without our prior written permission.
6. TERM; TERMINATION
   
   1. Term. Unless otherwise stated by Chowdhury’s Digital in writing, this Agreement starts from the first day you visit the Website and remains in effect for as long as you access or use the Chowdhury’s Digital Services or the Website.
   2. Subscription Term and Renewal. If you are a User of Paid Services, your initial subscription term will be specified in your Subscription Plan and, unless otherwise agreed by Chowdhury’s Digital in writing, your subscription will automatically renew for the same period on the then-current terms. You may prevent renewal of the subscription by sending us a notice of non-renewal before the