terms & conditions

1. Introduction & Acceptance of Terms

This document is an electronic record in terms of the Information Technology Act, 2000 (and rules thereunder as applicable), and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Welcome to neverthought.xyz (the "Website"), owned and operated by neverthought (referred to as the "Agency", "we", "us", or "our").

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions, our Privacy Policy, and other guidelines, policies, or agreements referenced herein. If you do not agree to these terms, you must immediately cease all use of this Website.

2. Nature of Services & Information Disclaimer

neverthought is a professional branding design and strategic consultancy agency. The Website is designed to serve as an informational hub, showcasing our professional capabilities, past creative achievements, proprietary strategic methodologies, case studies, and corporate contact portals.

You explicitly acknowledge and agree that:

1. Informational Purposes Only: The portfolio works, case studies, strategic insights, articles, and descriptions displayed on this Website are for general informational and illustrative purposes only. They do not constitute a binding offer of specific deliverables or guaranteed commercial outcomes.
2. No Client Relationship: Your access to the Website or submission of inquiries via our contact portals does not establish a formal agency-client relationship. All formal engagements for our branding design or strategic consultancy services require the execution of a separate, mutually signed Master Services Agreement (MSA) or Statement of Work (SOW).

3. Portfolio, Attribution, & Client Intellectual Property Disclaimer

We respect the intellectual property rights of all brands, corporate entities, past employers, and creators. In alignment with industry customs and legal standards:

1. Client Ownership of Campaign IP: Under standard commercial agreements and statutory provisions (such as Section 17 of the Indian Copyright Act, 1957), all copyrights, trademarks, design rights, and other intellectual property in campaigns, films, and finished creative works vest strictly in the respective client brands or commissioning entities who financed and paid valuable consideration for them.
2. Right of Attribution (Moral Rights): Portfolio materials and case studies featured on this Website represent historical projects on which our founders, principals, employees, or contracted creators were actively involved (including, where applicable, work created during prior tenures at multinational agencies such as Ogilvy & Mather). We present these works solely in the exercise of our legal right of attribution (moral rights under Section 57 of the Copyright Act, 1957) to truthfully illustrate professional contribution, creative direction, or historical involvement.
3. No Affiliation or Endorsement: No claim of sole ownership, copyright, or exclusive license over displayed client campaign materials is made on this Website. Unless explicitly stated, the display of historical client campaigns does not imply that the client brand, or any past employer agency, currently endorses, sponsors, or is affiliated with neverthought.
4. Trademark Acknowledgement: All client brand names, corporate logos, and registered trademarks displayed within our portfolio remain the exclusive property of their respective owners and are used here strictly for reference and identification purposes under nominal fair use.
5. Takedown-on-Request Commitment: We maintain a good-faith takedown commitment. If any brand owner, copyright holder, past employer, or celebrity personality objects to the display of any creative work, campaign still, or reference on this Website, please notify us immediately at neverthoughtstudio@gmail.com. Upon verified request, we will promptly modify or remove the specified materials.

4. Agency Intellectual Property

Except for the client-owned campaign materials described in Section 3 above, all information, text, graphics, logos, button icons, images, audio clips, software, data compilations, corporate brand marks, and the overall "look and feel" of this Website (collectively, the "Agency Content"):

1. are the exclusive property of neverthought, our affiliates, partners, or licensors;
2. are fully protected under the copyright, trademark, and other intellectual property laws of India and international treaties.

You may not copy, reproduce, republish, redistribute, frame, modify, reverse engineer, or create derivative works from the Agency Content or the Website’s codebase without our prior, express written consent.

5. Limited License & Acceptable Use

We grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of this Website. This license does not include the right to:

1. Frame or enclose any portion of the Website;
2. Utilize software robots, spiders, crawlers, or similar data extraction or scraping tools, or take any action that imposes an unreasonable burden on our technical infrastructure;
3. Portray the Agency, its founders, or its services in a false, misleading, derogatory, or otherwise offensive manner.

6. Submissions and Unsolicited Ideas

It is our policy to decline unsolicited creative suggestions, design ideas, or branding concepts. This policy protects us from future disputes when campaigns we develop independently resemble concepts submitted to us.

However, any inquiries, feedback, or strategic queries you submit to us via our online portals (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to our Privacy Policy, by sending a Submission, you grant us an unrestricted, perpetual, royalty-free license to use, adapt, and distribute the ideas, concepts, or know-how contained therein for any purpose, including developing and marketing our services.

7. Representations, Warranties, and Limitation of Liability

1. "As Is" Presentation: This Website is presented on an "As Is" and "As Available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, or reliability of the strategic insights, portfolio records, or information displayed on the site.
2. Professional Advice Disclaimer: The strategic insights, industry articles, and consultancy observations provided on this Website are for educational purposes. Branding and business strategy outcomes are inherently dependent on dynamic market variables, and neverthought disclaims all liability for business decisions, commercial actions, or financial outcomes based on Website content.
3. Limitation of Liability: To the maximum extent permitted by applicable law, neverthought, its directors, employees, or partners will not be liable for any indirect, special, incidental, punitive, or consequential damages (including lost profits, business interruption, or loss of data) arising from or relating to your use of this Website.
4. Liability Cap: In no event shall our maximum aggregate liability for any website-related dispute exceed Indian Rupees Two Thousand (INR 2,000) only. Any legal claim arising from your use of this Website must be filed within one (1) year of the event giving rise to the claim.

8. Dispute Resolution & Jurisdiction

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

1. Arbitration: Any dispute, difference, or claim arising out of or relating to your use of this Website shall be referred to a sole Arbitrator appointed by the Managing Director of neverthought in accordance with the Indian Arbitration and Conciliation Act, 1996 (and amendments thereof). The venue of arbitration shall be New Delhi, and the arbitral award shall be final and binding.
2. Judicial Forum: To the extent that arbitration is not permitted by applicable law, any dispute relating to your visit to this Website shall be submitted to the exclusive jurisdiction of the competent courts in New Delhi, and you consent to the personal jurisdiction and venue of such courts.