Terms of Use
Terms of Use — Splashgain
Effective Date: March 24, 2026
Last Updated: March 24, 2026
1. Introduction and Acceptance
These Terms of Use (“Terms”) govern your access to and use of the website www.splashgain.com and the Splashgain platform, including all Services, APIs, tools, dashboards, and features (collectively, “Services”) provided by Splashgain Technologies Private Limited (“Splashgain”, “we”, “our”, or “us”), incorporated under the laws of India and having its registered office at Survey Number 101, 1, Office No. C2-501/502, Saudamini Complex, Kothrud, Pune, Maharashtra 411038, India.
By accessing our website, creating an account, starting a free trial, or subscribing to any paid plan, you (“User”, “you”, “your”) agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “you” refers to that entity.
If you do not agree to these Terms, you must not access or use the Services.
2. Definitions
| Term | Meaning |
|---|---|
| Account | A registered user profile granting access to the Splashgain platform |
| Services | All products, features, dashboards, APIs, tools, reports, and support provided by Splashgain |
| Subscription | A paid or free-trial plan granting time-limited or usage-limited access to the Services |
| Tokens | Usage-based digital credits purchased in advance and consumed when performing actions on the platform |
| Your Content | All data, files, text, or materials you upload, input, or generate using the Services |
| Free Trial | A time-limited, no-charge evaluation period as described at sign-up |
| Confidential Information | Non-public technical, business, or commercial information disclosed by either party |
| Intellectual Property | Patents, copyrights, trademarks, trade secrets, and all other proprietary rights |
3. Eligibility
To use the Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts under applicable law
- Not be prohibited from accessing or using the Services under any applicable laws
- If acting on behalf of an organization — have valid authority to bind that organization to these Terms
By accepting these Terms, you confirm that all of the above conditions are met.
4. Account Registration and Security
4.1 Account Creation
You must provide accurate, complete, and current information when creating an account. You agree to keep your account information updated at all times. Providing false or misleading information is grounds for immediate account termination.
4.2 Credentials and Security
You are solely responsible for:
- Maintaining strict confidentiality of your username, password, and API keys
- All activity that occurs under your account, whether or not authorized by you
- Reporting any suspected unauthorized access or security breach immediately to support@splashgain.com
You must not:
- Share your login credentials with any third party
- Allow another person or entity to use your account
- Attempt to access another user’s account
4.3 Account Transfers
Accounts are personal and non-transferable. You may not sell, trade, assign, or transfer your account or any associated rights to a third party without Splashgain’s prior written consent.
4.4 Splashgain’s Responsibility
Splashgain shall not be responsible for any loss or damage arising from your failure to comply with this Section, including loss resulting from unauthorized access enabled by leaked or shared credentials.
5. Subscription Plans and Pricing
5.1 Plan Overview
Splashgain offers the following subscription models:
| Plan Type | Description |
|---|---|
| Free Trial | Time-limited access to evaluate platform features at no charge, as described at sign-up |
| Paid Subscription | Monthly or annual plans with defined feature sets, usage limits, and support tiers |
| Token-Based Pricing | Pay-per-use model where platform actions consume pre-purchased tokens |
Current plan features and pricing are available at www.splashgain.com/pricing.
5.2 Free Trial
- Free trials are offered for a defined period as communicated at sign-up
- No payment is required to initiate a free trial unless otherwise stated
- At the end of the trial period, access automatically reverts to a limited/free tier or requires upgrade to continue full platform access
- Splashgain reserves the right to modify, limit, or discontinue free trial availability at any time
5.3 Paid Subscriptions
- Subscription fees are billed in advance on a monthly or annual cycle as selected at sign-up
- All fees are non-refundable except as expressly stated in Section 7 (Refund Policy)
- Annual plan pricing reflects a discounted rate in exchange for the full annual commitment
- Plan features, limits, and inclusions are as published on the pricing page at the time of subscription
5.4 Token-Based Usage
- Tokens are purchased in advance in defined packs and deducted automatically as actions are performed
- Unused tokens expire as communicated at the time of purchase and have no cash redemption value
- Tokens are tied to a single account and cannot be transferred, gifted, or applied to another account
- Splashgain reserves the right to adjust token consumption rates with a minimum of 30 days’ prior written notice
5.5 Price Changes
Splashgain may update its pricing at any time. For existing subscribers:
- Price changes take effect at the next billing renewal cycle
- You will receive at least 30 days’ notice via email before any price change applies to your account
- Continued use after the price change takes effect constitutes acceptance of the new pricing
6. Payment Terms
6.1 Payment Method
Splashgain issues invoices to clients and accepts payment via bank transfer only. We do not accept, collect, store, or process credit cards, debit cards, or UPI payment credentials.
6.2 Invoicing and Payment Due Date
- Invoices are issued per the agreed billing cycle
- Payment is due within 15 days of the invoice date unless a different timeline is agreed in writing
- Invoices are sent to the email address registered on your account
6.3 Late Payment
If payment is not received by the due date:
| Timeline | Action |
|---|---|
| Day 1–15 past due | Payment reminder notifications |
| Day 16–30 past due | Account access may be suspended |
| Day 31+ past due | Subscription may be terminated; outstanding balance remains payable |
A late payment fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) may be applied to overdue amounts.
6.4 Taxes and GST
All subscription fees and charges are exclusive of applicable taxes. Where Splashgain is required to collect Goods and Services Tax (GST) or any other applicable taxes, these will be added to your invoice. You are responsible for all taxes applicable to your purchase under the laws of your jurisdiction.
7. Refund Policy
| Scenario | Refund Treatment |
|---|---|
| Free trial | Not applicable — no charge incurred |
| Annual subscription cancelled within 7 days of renewal | Pro-rata refund for unused complete months |
| Monthly subscription cancellation | No refund for the current billing period; access continues until period end |
| Unused tokens | Non-refundable |
| Token packs purchased in error (within 24 hours, tokens unused) | Reviewed on a case-by-case basis |
| Service downtime exceeding agreed SLA | Service credits applied to next billing cycle (see Section 14) |
Refund requests must be submitted in writing to support@splashgain.com within the applicable eligibility window. We will process eligible refunds within 10 business days via the original payment method (bank transfer).
8. Acceptable Use Policy
You agree to use the Services only for lawful business purposes and in compliance with these Terms. The following activities are strictly prohibited:
Legal and Regulatory Violations
- Using the Services for any illegal, fraudulent, or unauthorized purpose
- Violating any applicable local, national, or international laws or regulations
- Infringing upon any intellectual property, privacy, or data protection rights
Security and Technical Abuse
- Transmitting malware, viruses, ransomware, or any malicious or harmful code
- Attempting to gain unauthorized access to any system, network, database, or account
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any part of the platform
- Conducting penetration testing or vulnerability scanning on the platform without prior written authorization
- Interfering with, disrupting, or overloading the platform, servers, or related infrastructure
Data and Content Abuse
- Scraping, crawling, or systematically extracting data from the platform through automated means without authorization
- Using the Services to send unsolicited commercial messages, spam, or bulk communications
- Uploading content that is unlawful, defamatory, obscene, or in violation of any third party’s rights
Commercial Abuse
- Reselling, sublicensing, or redistributing the Services or access thereto without Splashgain’s express written consent
- Impersonating Splashgain, any Splashgain employee, or any other person or entity
- Using the Services in any way that misrepresents your identity or affiliation
Splashgain reserves the right to investigate suspected violations and to suspend or terminate accounts that breach this Acceptable Use Policy, with or without prior notice, at Splashgain’s sole discretion.
9. Intellectual Property Rights
9.1 Splashgain’s Intellectual Property
All content, features, user interfaces, software, source code, algorithms, trademarks, service marks, trade names, logos, and documentation on the Splashgain platform are owned by or licensed to Splashgain and are protected by applicable intellectual property laws.
These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your Subscription. No other rights are granted. You may not copy, modify, distribute, sell, sublicense, or create derivative works of any Splashgain IP.
9.2 Your Content
You retain full ownership of all data, files, and materials you upload or input into the platform (“Your Content”). By using the Services, you grant Splashgain a limited, non-exclusive, royalty-free license to access, process, and store Your Content solely to provide and improve the Services to you.
- Splashgain does not claim ownership of Your Content
- Your Content is not used to train any AI or machine learning models
- Upon account termination, Your Content will be securely deleted within 30 days, unless retention is required by law
You represent and warrant that you have all rights necessary to upload Your Content and that doing so does not violate any third-party rights or applicable laws.
9.3 Feedback and Suggestions
If you provide feedback, feature suggestions, bug reports, or ideas about the Services, you grant Splashgain a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the Services without any obligation of compensation, attribution, or confidentiality to you.
10. Confidentiality
10.1 Mutual Obligation
Each party agrees to:
- Hold the other party’s Confidential Information in strict confidence
- Use Confidential Information only to fulfil obligations under these Terms
- Not disclose Confidential Information to any third party without prior written consent
10.2 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of these Terms
- Was already known to the receiving party prior to disclosure
- Is independently developed by the receiving party without reference to the disclosing party’s information
- Must be disclosed by court order, applicable law, or a regulatory authority (with prompt prior notice where legally permitted)
10.3 Duration
Confidentiality obligations survive termination of these Terms for a period of 3 years.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SPLASHGAIN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY RESULTS, REPORTS, OR DATA GENERATED THROUGH THE SERVICES
YOU USE THE SERVICES AT YOUR OWN RISK. ANY MATERIAL OR INFORMATION OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION.
This disclaimer does not affect your statutory rights as a consumer where those rights cannot be excluded or limited under applicable law.
12. Limitation of Liability
12.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPLASHGAIN AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL
- LOSS OF DATA OR COST OF DATA RECOVERY
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
EVEN IF SPLASHGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
SPLASHGAIN’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SPLASHGAIN IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Basis of the Bargain
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SPLASHGAIN WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.
Some jurisdictions do not permit the exclusion of certain implied warranties or limitation of liability for certain types of damages. In such jurisdictions, the above limitations apply to the greatest extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Splashgain and its officers, directors, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:
- Your breach of any provision of these Terms
- Your violation of any applicable law or regulation
- Your use of the Services in an unauthorized, negligent, or unlawful manner
- Your Content — including any third-party claims that Your Content infringes upon intellectual property or privacy rights
- Any misrepresentation made by you in connection with your Account or use of the Services
Splashgain reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with such defense.
14. Service Availability and SLA
Splashgain targets a 99.5% monthly uptime for the core platform, excluding scheduled maintenance windows.
| Event | Commitment |
|---|---|
| Scheduled maintenance | At least 24 hours’ advance notice via email or in-app notification |
| Unplanned outages | Status updates posted at status.splashgain.com (or equivalent) |
| SLA breach (downtime exceeding commitment) | Service credits applied to the next billing cycle |
Service credits are the sole and exclusive remedy for service availability failures and shall not be construed as an acknowledgement of liability or waiver of any other provisions in these Terms.
Splashgain is not responsible for downtime caused by factors outside its reasonable control, including third-party service failures, internet outages, or force majeure events (see Section 16).
15. Termination
15.1 Termination by You
You may cancel your Subscription at any time by contacting support@splashgain.com or through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until that date.
We strongly recommend exporting Your Content before cancellation. Splashgain is not responsible for data loss following account closure.
15.2 Termination by Splashgain
Splashgain reserves the right to suspend or terminate your account:
| Trigger | Notice |
|---|---|
| Violation of the Acceptable Use Policy | Immediately, without notice |
| Breach of any material provision of these Terms | Immediately or with notice as appropriate |
| Non-payment after 30-day grace period | After notice and 30-day grace period |
| Business or operational reasons unrelated to breach | 30 days’ prior written notice |
15.3 Effect of Termination
Upon termination of your account:
- Your access to the Services ceases immediately (or at the end of the notice period, as applicable)
- Your Content will be deleted within 30 days of account closure
- Outstanding invoices remain due and payable in full
- The following Sections survive termination: 9 (Intellectual Property), 10 (Confidentiality), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 16 (Force Majeure), and 17 (Governing Law)
16. Force Majeure
Splashgain shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to:
- Natural disasters, floods, earthquakes, or severe weather events
- Acts of government, war, civil unrest, or terrorism
- Internet service disruptions, widespread power failures, or telecommunications outages
- Pandemic, epidemic, or public health emergency
- Acts or omissions of third-party service providers beyond Splashgain’s control
In such events, Splashgain will notify you promptly and use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected Subscription with a pro-rata refund of prepaid, unused fees.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
17.2 Dispute Resolution Process
Before initiating formal legal proceedings, the parties agree to attempt resolution through the following tiered process:
1. Informal Resolution: The aggrieved party provides written notice of the dispute to support@splashgain.com. The parties shall negotiate in good faith for 30 days to resolve the dispute.
2. Mediation: If the dispute is not resolved informally, the parties agree to attempt non-binding mediation through a mutually agreed mediator in Pune, Maharashtra, within 30 days of the end of the informal resolution period.
3. Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended. A sole arbitrator shall be appointed by mutual agreement. The seat and venue of arbitration shall be Pune, Maharashtra. The language of proceedings shall be English. The arbitrator’s award shall be final and binding.
17.3 Jurisdiction
Subject to the arbitration clause above, any court proceedings shall be subject to the exclusive jurisdiction of competent courts in Pune, Maharashtra, India.
17.4 International Users
For users in the European Union or United Kingdom, applicable mandatory consumer protection laws of your country of residence apply to the extent they provide greater protections than these Terms.
18. Changes to These Terms
Splashgain may update these Terms periodically to reflect changes in our Services, business practices, or applicable laws.
- Material changes will be communicated via email to all registered users at least 14 days before they take effect
- Minor changes (such as formatting, clarifications, or non-substantive edits) may be made at any time
- The “Last Updated” date at the top of this page will reflect the most recent revision
Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree, you may terminate your account before the changes take effect.
19. General Provisions
| Provision | Detail |
|---|---|
| Entire Agreement | These Terms, together with the Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and Splashgain regarding the Services and supersede all prior agreements |
| Severability | If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force |
| No Waiver | Splashgain’s failure to enforce any right or provision shall not constitute a waiver of that right or provision in future instances |
| Assignment | You may not assign or transfer these Terms or any rights herein without Splashgain’s prior written consent. Splashgain may assign these Terms to a successor entity in connection with a merger, acquisition, or asset sale. |
| Language | These Terms are written in English. In the event of any translation, the English version shall prevail |
| Legal Notices | Legal notices to Splashgain must be sent via email to support@splashgain.com and shall be deemed received upon confirmation of delivery |
| Relationship of Parties | Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Splashgain |
| Headings | Section headings are for convenience only and do not affect the interpretation of these Terms |
20. Contact Us
For questions or concerns about these Terms:
| Company | Splashgain Technologies Private Limited |
|---|---|
| Address | Survey Number 101, 1, Office No. C2-501/502, Saudamini Complex, Kothrud, Pune, Maharashtra 411038, India |
| General Support | support@splashgain.com |
| Website | www.splashgain.com |
Grievance Officer:
| Name | Swapnil Dharmadhikari |
|---|---|
| grievance@splashgain.com | |
| Response Time | 30 days from receipt of complaint |
These Terms of Use were last reviewed and updated in March 2026. They have been prepared to align with current B2B SaaS industry standards, Indian law (IT Act 2000, DPDPA 2023, Arbitration and Conciliation Act 1996, GST Act), and best practices for companies serving both domestic and international enterprise clients.