Terms & Conditions

WHOOOP is a creative studio and advertising agency providing strategy, branding, content, marketing, photography, cinematography, design, public relations, influencer marketing, advertising and technology-related services.

Our services may include, without limitation:

• Brand strategy
• Branding and identity
• Public relations
• Social media management
• Content creation
• Photography
• Cinematography
• Graphic design
• Advertising and performance marketing
• Influencer marketing
• Website design and development
• Business automation
• CRM integration
• AI chatbot development
• Workflow automation
• Lead management
• Landing pages
• Booking systems
• Custom dashboards
• WhatsApp automation
• Internal digital tools

The services displayed on the Website are provided for general information and may change from time to time.

You may use the Website for lawful purposes only.

You agree not to:

• Use the Website for any unlawful or fraudulent purpose;
• Attempt to gain unauthorised access to the Website or its systems;
• Interfere with the operation or security of the Website;
• Introduce malicious code, viruses, malware or other harmful material;
• Scrape, reproduce or systematically extract Website content without permission;
• Misrepresent your identity or relationship with a person or organisation;
• Use the Website to infringe the rights of WHOOOP or any third party;
• Use Website content for competing commercial purposes without written permission; or
• Engage in activity that may damage, disable, overburden or impair the Website.

We reserve the right to restrict or terminate access to the Website where we reasonably believe these Terms have been violated.

The Website contains information about WHOOOP, our capabilities, methodology, services, team, portfolio and selected projects.

We make reasonable efforts to keep the information on the Website accurate and current. However, Website content is provided for general informational purposes and may not always reflect the latest availability, pricing, scope or capabilities.

Nothing on the Website should be interpreted as a guarantee that a particular service, result, timeline, price or outcome will be available to every prospective client.

Specific project terms will be confirmed through a written proposal, quotation, statement of work or agreement.

The Website may display photographs, videos, brand identities, campaign materials, websites, case studies, project descriptions, testimonials and other examples of work.

Portfolio examples are presented to demonstrate WHOOOP's capabilities and creative approach.

Unless expressly stated otherwise, displaying a project on the Website does not mean that WHOOOP owns all intellectual property associated with that project.

Where third-party or client-owned materials are displayed, such materials remain the property of their respective owners, subject to the rights granted to WHOOOP for portfolio and promotional purposes.

All original WHOOOP Website content, including but not limited to:

• WHOOOP name and branding;
• Logos and visual identity;
• Website design;
• Website layout and structure;
• Copywriting;
• Graphics;
• Illustrations;
• Original photographs and videos;
• Animations;
• Design systems;
• Original creative concepts;
• Case-study presentation;
• Icons;
• Code and technical components; and
• Other original materials

are owned by WHOOOP or used under appropriate licence, unless otherwise stated. Such material is protected by applicable intellectual property laws. You may not reproduce, modify, distribute, publish, sell, license, commercially exploit or create derivative works from WHOOOP's proprietary Website content without prior written permission.

Clients and prospective clients may provide WHOOOP with logos, photographs, videos, documents, brand guidelines, trademarks, copy, product information, customer information or other materials.

You represent that you have the necessary rights, permissions and authority to provide such materials to WHOOOP.

You remain responsible for ensuring that materials supplied by you do not infringe the rights of any third party.

Where necessary, you grant WHOOOP a limited, non-exclusive licence to use supplied materials solely for the purpose of evaluating, developing, delivering or promoting the relevant project, subject to any separate written agreement.

The Website allows visitors to submit enquiries and request a discovery call. Submitting an enquiry does not:

• Create a client relationship;
• Guarantee acceptance of a project;
• Guarantee availability;
• Create a binding service contract;
• Guarantee a particular price; or
• Require WHOOOP to provide services.

Following an enquiry, WHOOOP may contact you to understand your requirements and determine whether we are able to undertake the proposed work.

A binding service relationship will only arise when the relevant proposal, quotation, statement of work, service agreement or other written agreement has been accepted or executed as applicable.

Any quotation, estimate, proposal, scope of work or pricing information provided by WHOOOP may be subject to:

• Project scope;
• Deliverables;
• Timelines;
• Availability;
• Third-party costs;
• Production requirements;
• Revisions;
• Location and travel;
• Advertising spend;
• Platform fees;
• Taxes;
• Licensing requirements; and
• Other project-specific conditions.

Unless expressly stated otherwise in writing, information displayed on the Website is not a binding quotation.

A final project price and scope will be determined through the applicable written proposal or agreement.

Once a project is accepted, the relationship between WHOOOP and the client may be governed by a separate written agreement. Such agreement may specify:

• Scope of work;
• Deliverables;
• Project milestones;
• Timelines;
• Fees and payment schedules;
• Revision limits;
• Approval processes;
• Intellectual property ownership;
• Licensing;
• Usage rights;
• Cancellation and termination;
• Confidentiality;
• Third-party costs;
• Client responsibilities; and
• Other project-specific terms.

Where a signed or accepted project agreement conflicts with these Website Terms, the project agreement will generally take precedence for that specific engagement.

Unless otherwise agreed in writing, clients may be responsible for costs associated with third-party services or platforms required for a project.

• Advertising spend;
• Influencer or creator fees;
• Stock photography or video licensing;
• Music licensing;
• Software subscriptions;
• Hosting;
• Domains;
• Cloud services;
• Production locations;
• Talent;
• Travel;
• Printing;
• Media buying; and
• Other external production or platform costs.

Such costs may be billed separately from WHOOOP's professional fees. Payment terms, deposits, milestones and applicable taxes will be specified in the relevant quotation, invoice or service agreement.

WHOOOP may provide SEO, social media, advertising, influencer marketing, performance marketing and related services. Marketing performance depends on numerous factors outside WHOOOP's complete control, including:

• Market conditions;
• Competition;
• Consumer behaviour;
• Platform algorithms;
• Advertising platforms;
• Search engine changes;
• Client pricing;
• Product or service quality;
• Budget;
• Target audience;
• Website performance;
• Third-party platform policies; and
• External events.

Accordingly, unless expressly guaranteed in a written agreement, WHOOOP does not guarantee specific:

• Revenue;
• Sales;
• Leads;
• Rankings;
• Followers;
• Engagement;
• Advertising returns;
• Conversion rates; or
• Business results.

Any performance examples, case studies or results shown on the Website are illustrative and should not be interpreted as a guarantee of future performance.

WHOOOP may use or integrate third-party platforms and services, including advertising platforms, social media platforms, hosting providers, analytics tools, communication platforms, CRM systems, AI services and other technology providers.

Third-party services operate under their own terms, policies and technical limitations.

WHOOOP is not responsible for:

• Changes to third-party platforms;
• Platform outages;
• Account suspensions;
• Algorithm changes;
• Policy changes;
• Third-party data processing;
• Third-party security incidents; or
• Losses resulting solely from a third-party platform's actions or failure.

Where WHOOOP manages a client's third-party account, the client's continued compliance with the relevant platform's terms remains the client's responsibility.

We aim to keep the Website available and functioning properly. However, we do not guarantee uninterrupted or error-free availability.

The Website may occasionally be unavailable due to:

• Maintenance;
• Updates;
• Technical failures;
• Hosting issues;
• Cybersecurity incidents;
• Internet or telecommunications failures;
• Third-party service outages; or
• Circumstances beyond our reasonable control.

We may modify, suspend or discontinue any part of the Website without prior notice where reasonably necessary.

The Website may contain links to third-party websites, social media profiles, platforms or resources.

These links are provided for convenience or reference.

WHOOOP does not control and is not responsible for the content, accuracy, availability, security, privacy practices or terms and conditions of third-party websites.

Your use of third-party websites is subject to their respective terms and policies.

The Website may contain client testimonials, statements, project descriptions and case studies.

These are provided to illustrate client experiences and WHOOOP's work.

Results achieved by one client may not be representative of results that another client will achieve.

Where testimonials or case studies contain third-party names, trademarks or project materials, those rights remain with their respective owners unless otherwise stated.

The Website itself does not create a confidentiality or non-disclosure obligation merely because you submit an enquiry.

If you intend to share confidential or commercially sensitive information, you should notify WHOOOP before doing so.

Where appropriate, WHOOOP may enter into a separate confidentiality or non-disclosure agreement.

Information submitted through the Website will otherwise be handled in accordance with our Privacy Policy and applicable law.

Your use of the Website and submission of personal information is also governed by our Privacy Policy.

Our Privacy Policy explains how WHOOOP collects, uses, stores, protects and processes personal information.

By using the Website, you acknowledge that you have had the opportunity to review our Privacy Policy.

WHOOOP may use artificial intelligence, automation, software tools and technology platforms as part of its creative, marketing or technology services.

Where AI-assisted tools are used, outputs may require human review, editing, verification and creative direction.

AI-generated or technology-assisted outputs may not always be unique or free from errors, and WHOOOP does not guarantee that an AI-generated output will be suitable for every intended purpose without appropriate review.

Where ownership, licensing or permitted use of AI-generated materials is relevant to a project, the applicable project agreement will determine the rights and responsibilities of the parties.

If you submit information through our Website forms or communication channels, you are responsible for ensuring that the information you provide is accurate and that you have the right to provide it.

You must not submit information that:

• Is fraudulent or misleading;
• Infringes another person's rights;
• Contains unlawful material;
• Contains malicious code; or
• You are not authorised to disclose.

WHOOOP may decline to act on an enquiry where the information provided appears fraudulent, unlawful, abusive or otherwise inappropriate.

To the maximum extent permitted by applicable law, the Website and its content are provided on an "as available" and "as is" basis.

WHOOOP does not guarantee that:

• The Website will always be available;
• Website content will always be complete or error-free;
• Information will always be current;
• The Website will be free from viruses or other harmful components; or
• The Website will meet every user's specific requirements.

Nothing in these Terms excludes any warranty, right or protection that cannot lawfully be excluded under applicable law.

To the maximum extent permitted by applicable law, WHOOOP will not be liable for indirect, incidental, consequential, special or punitive losses arising from your use of, or inability to use, the Website.

This may include loss of:

• Profits;
• Revenue;
• Business opportunities;
• Data;
• Reputation; or
• Expected savings.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law, including liability arising from fraud, wilful misconduct or other non-excludable liability. For paid client services, liability and remedies will be governed primarily by the applicable project agreement.

To the extent permitted by applicable law, you agree to indemnify and hold WHOOOP, its founders, employees, contractors and representatives harmless from claims, losses, liabilities, damages and reasonable expenses arising from:

• Your unlawful use of the Website;
• Your breach of these Terms;
• Your infringement of third-party rights;
• Materials supplied by you that infringe third-party rights; or
• Your misuse of Website content.

This clause does not apply to the extent that the relevant loss was caused by WHOOOP's own unlawful conduct or other circumstances where indemnification cannot legally be imposed.

We may suspend or restrict access to the Website if we reasonably believe that you have:

• Violated these Terms;
• Attempted to compromise Website security;
• Used the Website unlawfully;
• Misused Website content; or
• Engaged in conduct that may harm WHOOOP or others.

Termination or suspension of Website access will not affect rights or obligations that have already arisen under a separate client agreement.

WHOOOP may update these Terms from time to time to reflect:

• Changes to our services;
• Changes to the Website;
• Changes in technology;
• Changes in applicable law; or
• Changes to our business practices.

The updated version will be posted on the Website with a revised "Last Updated" date.

Your continued use of the Website after the updated Terms are published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to any mandatory rights or remedies available under applicable law, courts having appropriate jurisdiction in Maharashtra, India shall have jurisdiction over disputes arising from or relating to these Website Terms.

For specific client engagements, the governing law and dispute-resolution provisions contained in the applicable project agreement will apply where they differ from these Website Terms.

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision shall be modified or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

If WHOOOP does not immediately enforce any provision of these Terms, that does not mean WHOOOP has waived its right to enforce that provision in the future.

These Terms, together with the Privacy Policy and any applicable project-specific agreement, constitute the relevant understanding concerning use of the Website.

For paid services, the specific written agreement, proposal, quotation or statement of work will govern the relevant client engagement.