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Terms of Service

Last Updated: September 2026 • Governed by the laws of India & DPDP Act, 2023

[LEGAL REVIEW REQUIRED — ADVOCATE NOTICE]These terms incorporate statutory data protection covenants pursuant to the Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023) and TRAI TCCCPR regulations. Formal execution of enterprise client agreements must be supplemented by our Data Processing Addendum (DPA).

1. Scope of Services

MarketingKO ("Company", "we", "us") provides custom engineering, deployment, and optimization services for D2C Revenue Engines, including conversational AI Voice SDRs, automated WhatsApp conversion funnels, sub-30s speed-to-lead pipelines, and CRM synchronizations. All implementations are scoped and executed within structured engineering sprints.

2. Infrastructure & Carrier Accounts

We configure your AI Voice Agents and WhatsApp automations directly into your designated carrier and telephony accounts (e.g. Twilio, Cartesia, Deepgram, Meta WhatsApp Cloud API, HubSpot). Clients maintain direct ownership of their third-party accounts and are responsible for any direct carrier usage costs.

3. Outbound & Messaging Compliance (TRAI / DND / TCPA)

Clients agree to utilize outbound Voice Agents and WhatsApp messaging workflows solely in compliance with applicable telecommunications and anti-spam legislation, including the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR / TRAI DND registry), TCPA, and CAN-SPAM. MarketingKO provides compliance filters and opt-out handlers, and clients are strictly responsible for ensuring that provided contact records have valid opt-in consent prior to dispatch.

4. Full Intellectual Property Ownership

Upon fulfillment of project milestones and agreed sprint fees, 100% of all custom workflows, automation scripts, CRM configurations, and bespoke assets engineered specifically for the client are fully owned by the client.

5. Service Availability & Support

While MarketingKO builds resilient, fault-tolerant conversion infrastructure, we are not liable for external downtime originating from upstream carrier outages or third-party API platform disruptions. Dedicated sprint support and ongoing maintenance SLAs are provided as outlined in client engagement agreements.

6. Data Protection & DPDP Act (India) Compliance

[LEGAL REVIEW REQUIRED — STATUTORY COVENANTS UNDER DPDP ACT 2023]

6.1 Role Classification: In respect of visitors to marketingko.in and inbound inquiries submitted directly to us, MarketingKO acts as a Data Fiduciary under Section 2(i) of the Digital Personal Data Protection Act, 2023 ("DPDP Act"). Where MarketingKO engineers, deploys, or manages automated Voice/WhatsApp/CRM conversion pipelines utilizing personal data furnished by the Client, the Client is the Data Fiduciary and MarketingKO operates strictly as a Data Processor under Section 8(1) and Section 8(2) of the DPDP Act.

6.2 Client Warranties on Data Principal Consent: The Client explicitly represents, warrants, and covenants that all digital personal data, phone numbers, contact records, and lead data supplied to MarketingKO or ingested into automated voice/messaging workflows have been gathered pursuant to lawful, unbundled, affirmative consent under Section 6 of the DPDP Act, and that no communication shall be directed to any individual who has not provided explicit opt-in or who has registered on the National Do Not Call (NDNC) registry without verified transaction consent.

6.3 Security Safeguards & Breach Protocol: Pursuant to Section 8(5) of the DPDP Act, both parties agree to implement reasonable technical, operational, and organizational security safeguards (including encrypted credentials, masked logging, and role-based access control). Pursuant to Section 8(6) of the DPDP Act, in the event of a confirmed personal data breach affecting Client data processed by MarketingKO, MarketingKO shall notify the Client without unreasonable delay and provide reasonable forensic assistance to enable timely statutory notice to the Data Protection Board of India (DPBI) and affected Data Principals within seventy-two (72) hours of breach confirmation.

6.4 Data Retention & Erasure: Pursuant to Section 8(7) of the DPDP Act, MarketingKO shall not retain Client personal data beyond the term necessary to satisfy the agreed engineering services. Upon written request or termination of the engagement, MarketingKO shall promptly delete or return all Client personal data, except where retention is strictly mandated by applicable Indian laws.

6.5 Data Principal Rights Fulfillment: MarketingKO shall provide reasonable technical cooperation to assist the Client in responding to statutory requests from Data Principals exercising rights of access (Sec 11), correction (Sec 12), erasure (Sec 12), or grievance redressal (Sec 13).

7. Grievance Redressal & Legal Inquiries

In compliance with Section 13 of the DPDP Act 2023 and Consumer Protection rules, any data protection concerns, rights requests, or legal notices must be addressed to our designated Data Protection & Grievance Redressal Officer:

Grievance Redressal Officer: Karthikeya Thallapally
Postal Address: Warangal, Telangana, PIN 506001, India
Response SLA: Acknowledgment within 48 hours; resolution within 30 days.
Escalation: Data Principals retain the right to escalate unresolved grievances to the Data Protection Board of India (DPBI).

To exercise your statutory data access, correction, or erasure rights online, please use our self-service Data Principal Rights Portal.