Welcome to Tomatotree Digital Pvt Ltd (“Tomatotree Digital”, “we”, “our”, or “us”). By accessing or using our website at https://tomatotreedigital.com (the “Website”), you confirm that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy.

These Terms apply to all visitors, prospective clients, current clients, and any other persons who access or use our Website. If you are using this Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, please discontinue use of our Website immediately.

2. About Tomatotree Digital

Tomatotree Digital Pvt Ltd is a full-stack digital marketing agency incorporated in India and incubated at Kerala Startup Mission (KSITIL), Kochi. We provide Search Engine Optimisation (SEO), Answer Engine Optimisation (AEO), Generative Engine Optimisation (GEO), Local SEO, Social Media Marketing (SMM), Performance Marketing, Content Marketing, Google Analytics Setup, SEO Audits, and Website Strategy and CRO services to businesses of all sizes globally.

Registered Address: Kerala Technology Innovation Zone, Kinfra Hi-Tech Park Main Rd, HMT Colony, P.O, Kalamassery, Kochi, Kerala – 683503, India.

3. Permitted Use of the Website

3.1 You May

• Browse and access publicly available content on the Website for informational purposes
• Submit enquiry forms, contact requests, or service proposals
• Download freely available resources such as guides or case studies offered by us
• Share links to our Website content on social media or other platforms
• Contact us using the information provided on the Website

3.2 You May Not

• Use the Website for any unlawful, fraudulent, or harmful purpose
• Attempt to gain unauthorised access to any part of the Website or its underlying systems
• Scrape, crawl, or extract content or data from the Website using automated tools without our prior written consent
• Copy, reproduce, republish, or redistribute our content, branding, or intellectual property without permission
• Transmit viruses, malware, spam, or any other harmful or disruptive code
• Impersonate Tomatotree Digital or any of its employees, representatives, or affiliates
• Use the Website in a manner that could damage, disable, or impair its functionality or interfere with other users
• Attempt to reverse-engineer, decompile, or extract the source code of any Website software

4. Intellectual Property Rights

All content on this Website — including but not limited to text, graphics, logos, icons, images, audio clips, video content, case studies, blog posts, strategy frameworks, service descriptions, and software — is the exclusive property of Tomatotree Digital Pvt Ltd or its licensors and is protected under applicable Indian and international intellectual property laws.

4.1 Trademarks

The name “Tomatotree Digital”, our logo, and any associated branding are trademarks of Tomatotree Digital Pvt Ltd. You may not use our trademarks, service marks, trade names, or logos without our prior written consent.

4.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for the purpose of exploring our services and engaging with us as a potential or existing client. This licence does not include any right to:

• Resell or commercially exploit any content on the Website
• Modify, adapt, or create derivative works based on our content
• Use our content for training artificial intelligence models or automated systems
• Remove or alter any copyright, trademark, or proprietary notices

4.3 User-Submitted Content

If you submit any content to us — including enquiry details, briefs, feedback, or testimonials — you grant us a non-exclusive, royalty-free, worldwide licence to use, store, and display such content for the purpose of providing our services and improving our offerings. You represent that you own or have the right to share any content you submit.

5. Services and Client Engagements

The information on this Website regarding our services is for general informational purposes only and does not constitute a binding offer or contract. Actual service engagements are governed by a separate Client Agreement, Scope of Work, or Service Contract signed between you and Tomatotree Digital.

5.1 No Guarantee of Results

Digital marketing results — including but not limited to search engine rankings, organic traffic, lead volumes, ROAS, and conversion rates — depend on numerous factors beyond our control, including search engine algorithm changes, market competition, your product or service quality, and your target audience’s behaviour. While we apply industry best practices and data-driven strategies, we do not guarantee specific outcomes.

5.2 Third-Party Platforms

Many of our services involve third-party platforms including Google, Meta, LinkedIn, and others. We are not responsible for changes in the policies, algorithms, or functionality of these platforms that may affect your campaigns or rankings. We will always act in your best interest within the constraints of these platforms.

5.3 Client Responsibilities

Effective delivery of our services depends on your cooperation, including timely provision of access credentials, approvals, content materials, and feedback. Delays caused by your failure to provide required inputs may affect timelines and outcomes, for which Tomatotree Digital shall not be held liable.

6. Disclaimers

6.1 Website Accuracy

The content on this Website is provided on an “as is” and “as available” basis. We endeavour to keep information accurate and up to date, but we make no warranties — express or implied — regarding the completeness, accuracy, reliability, suitability, or availability of any content, products, or services on the Website.

6.2 No Professional Advice

Content published on our Website, including blog posts, guides, case studies, and frameworks, is for general informational and educational purposes only. It does not constitute professional legal, financial, tax, or business advice. You should seek qualified professional advice before making any business decisions based on our published content.

6.3 External Links

Our Website may contain links to third-party websites and resources. These links are provided for your convenience only. We do not endorse, control, or take responsibility for the content, accuracy, or practices of any linked third-party sites. Accessing third-party sites is at your own risk.

6.4 Availability

We do not warrant that the Website will be available at all times without interruption. We reserve the right to suspend, modify, or discontinue any part of the Website at any time without notice, and we shall not be liable for any loss resulting from such actions.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Tomatotree Digital Pvt Ltd, its directors, employees, contractors, and affiliates shall not be liable for:

• Any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of, or inability to use, the Website
• Loss of profits, revenue, data, business opportunities, or goodwill arising from your reliance on any Website content
• Unauthorised access to or alteration of your data by third parties
• Any errors, inaccuracies, or omissions in the Website content
• Interruptions, delays, or failures in Website performance caused by factors beyond our reasonable control

Our total liability to you in connection with this Website — for any claim whatsoever — shall not exceed INR 5,000 (Indian Rupees Five Thousand), or the amount you have paid us in the preceding one month, whichever is greater. Nothing in these Terms limits our liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tomatotree Digital Pvt Ltd and its directors, officers, employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Website
• Your violation of these Terms
• Your infringement of any third-party intellectual property, privacy, or other rights
• Any content you submit to us that is unlawful, inaccurate, or violates third-party rights

9. Privacy and Data Protection

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy, available at: https://tomatotreedigital.com/privacy-policy

We are committed to complying with the Information Technology Act, 2000, the IT (Reasonable Security Practices and Sensitive Personal Data) Rules, 2011, and the Digital Personal Data Protection Act, 2023 (DPDPA) as applicable.

10. Cookies

Our Website uses cookies and similar tracking technologies to enhance user experience, analyse traffic, and support our marketing activities. By continuing to use our Website, you consent to our use of cookies in accordance with our Privacy Policy. You may manage your cookie preferences through your browser settings at any time.

11. Communications and Marketing

By submitting an enquiry form or providing your contact details on our Website, you consent to receiving communications from us relating to your enquiry. We may also send you newsletters, insights, or promotional content with your explicit opt-in consent. You may unsubscribe from marketing communications at any time by clicking the unsubscribe link in any email or by writing to us at [email protected].

We will never sell your contact information to third parties. For full details, please refer to our Privacy Policy.

12. Social Media and External Platforms

Links to our social media profiles (Instagram, Facebook, LinkedIn, etc.) are provided for convenience. Interactions on those platforms are governed by the respective platform’s terms and privacy policies, not these Terms. Any content you post on social media in connection with Tomatotree Digital must not be defamatory, misleading, or in violation of any applicable law.

13. Testimonials, Reviews, and Case Studies

Any testimonials, client reviews, or case studies featured on this Website represent the experiences of individual clients and are not guarantees of the same results for other clients. Results vary based on client-specific circumstances, industry, competition, budget, and other factors. We publish such content with client consent and in good faith.

14. Modifications to These Terms

We reserve the right to update, revise, or replace these Terms at any time. When we make material changes, we will update the Last Updated date at the top of this page and, where appropriate, notify active clients by email. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

15. Termination of Access

We reserve the right, at our sole discretion, to suspend or terminate your access to the Website at any time and for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Website ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitations of liability, and indemnification — shall continue to apply.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Indian Contract Act, 1872, and other applicable statutes.

Any dispute, controversy, or claim arising out of or relating to these Terms or the use of this Website shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days of written notice, it shall be subject to the exclusive jurisdiction of the competent courts located in Kochi, Kerala, India.

17. Entire Agreement and Severability

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and Tomatotree Digital regarding your use of this Website.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity of the remaining provisions.

Our failure to enforce any right or provision under these Terms shall not be deemed a waiver of those rights.

18. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us:

Tomatotree Digital Pvt Ltd

Kerala Startup Mission, Kerala Technology Innovation Zone

Kinfra Hi-Tech Park Main Rd, HMT Colony, P.O, Kalamassery

Kochi, Kerala – 683503, India

Email: [email protected]

Phone: +91 92071 04345

Website: https://tomatotreedigital.com