Terms of Use

Introduction

Please read on to learn the rules and restrictions that govern your use of "OUTSPARK B2B PRO”, its services (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support.b2b@myoutspark.com. These Terms of Use (the "Terms") are a binding contract between You and Coolboots Media Private Limited ("Company", "Coolboots," "OUTSPARK B2B PRO", "we", "our" and "us", "Outspark"). This is a legally binding agreement, and you should read it carefully.

When you start using OUTSPARK B2B PRO, these terms will automatically apply to you. You should make sure that you read them carefully before using the website/service.

By using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not use or otherwise access our Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules thereunder, as amended and updated from time to time.

Eligible Criteria

Persons/users who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register. The Company reserves the right to refuse to provide you with access to the products or Services if it is discovered that you are under the age of 18 (eighteen) years or any information provided by You is inaccurate.

We offer login or sign up via Indian mobile number, and collect your Machine ID, Device IDs, browser information and information stored in cookies for legitimate business purposes and legal obligation, in order to provide you services seamlessly. Certain functions of the product/service will require the product/service to have an active internet connection. The connection can be Wi-Fi, or may be provided by your mobile network provider, but "OUTSPARK B2B PRO” cannot take responsibility for the service not working at full functionality if you don’t have access to high-speed internet for whatever reason. This can happen at the start or in between as well, "OUTSPARK B2B PRO will not be responsible for not working properly if the issue is caused by your WiFi/ mobile data provider.

If you're using the product/service outside of an area with Wi-Fi, you should remember that your agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the product/service, or other third-party charges. In using the product/service, you are accepting responsibility for any such charges, including roaming data charges if you use the product/services outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the product/service, please be aware that we assume that you have received permission from the bill payer to use the product/service.

Outspark B2B Pro Rules

Before using the product, the user agrees that the service utilised is for his own personal use, and the user shall not use the product on behalf of anyone else.

In order to use the product, the user may be asked to provide details such as:

• Full Name
• Email address
• Location
• Gender
• Date of Birth
• LinkedIn credentials
• Image / personal photograph
• Company details required as per the Onboarding form

Once the information is provided and is in order, we proceed to conduct a LinkedIn profile review, makeover for your LinkedIn Profile and User’s Company page on LinkedIn, and enhance your LinkedIn visibility. Once completed, we notify the user.

OUTSPARK B2B PRO services are provided on an "as is" basis and the user should validate/authenticate the same before using the content.

By using our services, you agree that OUTSPARK B2B PRO and TimesJobs (owned and operated by Coolboots Media Private Limited) either by itself or through its associate business partners, may contact you from time to time regarding events, offers, and promotions through landline, mobile, or other communication channels, irrespective of whether the number is on the DNC or NCPR lists.

Use of Supplied Data

The User hereby agrees and irrevocably authorizes that the Company has the right to:

• Use for the company's own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
• Retain all data or/and information supplied by the User while using the Service to remain at Coolboots Media Private Limited for the exclusive use of the Company in accordance with the service agreement and the Privacy Policy.

In order to understand more about the use of Your personal information by the Company, please refer to the Privacy Policy.

Fees and Payment

We accept various methods of payment including debit/credit cards and UPI using third party Payment Gateways. You may be required to pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via OUTSPARK B2B PRO.

All Fees/amount for the services will be exclusive of all applicable taxes. We may change our prices at any time. The payment shall be made using third party platforms and any data related to payment (credit/debit card, UPI info) shall not be accessed, processed or stored by us.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through OUTSPARK B2B PRO.

We have different plans for our users. All our plans pricing is in INR only. These plans may start from INR 75,000 to 1,50,000 depending on the value and features included in the plan. We also provide users with a free trial on our services. These plans may be priced and packaged differently, depending on the value and features included in the plan. We reserve the right to make changes to the plans as and when necessary, as per business requirements.

If you do not avail the services after being made available to you within the periods prescribed below, the services shall be deemed to have been availed. You may utilize the services within this period. If you do not use the services within this period, they will no longer be available for use. In such cases, you will be required to purchase the services again if you wish to use the services again.

Scope of Services & Access Authorization

You hereby agree to provide OUTSPARK B2B Pro with the login credentials (username and password) of your LinkedIn account, your company page access, and your OUTSPARK B2B Pro account for the limited purpose of providing the following services on your behalf:

• Content generation and publishing
• Outreach and increasing followers or connections
• LinkedIn profile optimization
• Increasing activity on your LinkedIn account

You further acknowledge and explicitly permit the Coolboots Media team to access One-Time Passwords (OTP) received by you, strictly for the purpose of completing service delivery. You confirm that you authorize us to act on your behalf for these activities.

Activity-Based Pricing for OUTSPARK B2B PRO

In addition to the terms of use mentioned herein, the below specific terms shall be applicable for OUTSPARK B2B PRO customers/users.

The Services are offered on an activity-based model. Activities and deliverables completed (such as profile optimization, content published, connection requests sent, comments posted, or groups joined) are tracked against your account package scope. The value of completed deliverables is non-refundable, and any refund or cancellation adjustments are based strictly on this activity-based breakdown.

As part of the OUTSPARK B2B PRO package, the total package value is derived from multiple individual services delivered as part of the engagement. The price of each activity is as follows:

"Activity Execution" includes (but is not limited to):

• Up to 1000+ ICP-Targeted Connection Requests Sent
• LinkedIn profile & settings optimisation
• Up to 50+ B2B Content Posts/ Repost
• Up to 300+ Targeted Comments on ICP & industry content
• Up to 10+ Industry Groups & Communities Joined
• Social Selling Index (SSI) Score Tracking & Monthly Growth Reporting

Delivery Timeline: 90 days from the start of the abovementioned “Activity Execution”.

Service-Specific Acknowledgements: You agree to dedicate a minimum of 1-2 hours per week to engage with warm conversations and opportunities generated through the service.

Refund and Performance Policy: All services offered under OUTSPARK B2B Pro are strictly non-refundable. Once a plan is purchased, no refund shall be issued under any circumstances. However, in exceptional cases where a refund is approved at OUTSPARK’s sole discretion, the refund shall be processed on a pro-rata (activity-based) basis. Any services or activities that have already been completed or delivered to the customer shall be non-refundable, and only the value of unutilised services (as per the activity pricing defined above) may be considered for refund.

This activity-based pricing model forms the basis for such partial refunds. In the event that OUTSPARK B2B Pro applies a discount to the Services, any subsequent refund, where applicable, shall be calculated and issued proportionally, reflecting the exact discount percentage applied at the time of the original purchase.

If OUTSPARK is unable to deliver the services, no refund shall be provided. Instead, OUTSPARK will extend the OUTSPARK B2B PRO service period for the additional term(s) of 1 month.

The User acknowledges and agrees that timely cooperation is a material requirement for the delivery of Services by OUTSPARK B2B Pro. The User shall furnish all requisite inputs—including, but not limited to, resumes, credentials, inputs and necessary approvals—to OUTSPARK B2B Pro within commercially reasonable timeframes. Any delay in the provision of Services arising from the User’s failure or delay in providing such inputs shall not extend the validity period of the Services, nor shall such delay be deemed a breach, default, or failure of performance by OUTSPARK B2B Pro.

Cancellation and Refunds: Services are non-refundable once access is granted or service is initiated. Dissatisfaction based on subjective expectations shall not qualify for refund. Refunds, if any, shall strictly follow the Refund and Cancellation Policy. The Company shall not be liable for lack of results where best efforts have been applied.

Refunds and Cancellations shall be governed as per our Refund and Cancellation Policy. However, the refunds and cancellation for OUTSPARK B2B PRO customers shall be governed by the specific refund & cancellation terms mentioned in these Terms of Use under OUTSPARK B2B PRO section. Kindly review the same.

Refunds and Cancellation Policy shall be read as a part and parcel of these terms of use. In general, and except as specifically noted on our refund and cancellation policy, to the extent permitted by law, all purchases of our services are final, and no refunds will be provided.

If you are dissatisfied with any of our services, please contact the support team at support.b2b@myoutspark.com and we will provide appropriate assistance.

Intellectual Property

All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the Website, Application, Services and products are proprietary property of the Company ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on "OUTSPARK B2B PRO or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Certain contents on "OUTSPARK B2B PRO may belong to third party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party, and You are not permitted to use the same without the consent of the respective third party. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on "OUTSPARK B2B PRO.

You are not allowed to copy, or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn’t try to translate the product/service into other languages or make derivative versions.

All content created and published on your personal LinkedIn profile or LinkedIn company page under this service remains the property of your company.

User Restrictions

You are expressly and emphatically restricted from all of the following:

• Publishing any "OUTSPARK B2B PRO’s material in any media;
• Selling, sublicensing and/or otherwise commercializing any "OUTSPARK B2B PRO’s material;
• Publicly performing and/or showing any "OUTSPARK B2B PRO’s material;
• Using "OUTSPARK B2B PRO in any way that is, or may be, damaging to "OUTSPARK B2B PRO;
• Using "OUTSPARK B2B PRO in any way that impacts user access to "OUTSPARK B2B PRO;
• Using "OUTSPARK B2B PRO contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to "OUTSPARK B2B PRO, or to any person or business entity;
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to OUTSPARK B2B PRO, or while using OUTSPARK B2B PRO;
• Engaging any other service provider or making changes within your own profile during the validity of services

Certain areas of OUTSPARK B2B PRO are restricted from access by you and Company may further restrict access by you to any areas of OUTSPARK B2B PRO, at any time, in its sole and absolute discretion.

Our services will be available in India only. Do not register or use OUTSPARK B2B PRO if you are not residing in India.

Without limitation to any other remedies, Company may delete, suspend, terminate, limit or modify access to the services or any portions thereof if Company suspects or if you have failed to comply with any of the Terms of Use, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the blocking of your Device ID, information, benefits and use of services. Company is not and will not be held responsible or liable for any information, rankings, benefits and losses incurred and is under no obligation to compensate you for any of this.

No Warranties

"OUTSPARK B2B PRO” services are provided “as is,” with all faults, and Coolboots Media Pvt. Ltd. and its businesses including TimesJobs (owned by Coolboots Media Pvt. Ltd.) makes no express or implied representations or warranties, of any kind related to "OUTSPARK B2B PRO” or the materials contained on them. Additionally, nothing contained on "OUTSPARK B2B PRO” shall be construed as providing consultation or advice to you.

"OUTSPARK B2B PRO” may contain links or connections to third party websites or services that are not owned or controlled by the Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that the Company is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third-party website or service that you visit or utilize.

The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services/website. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Any performance indicators (including visibility increase, engagement, or reach) are indicative and not guaranteed. The Company shall make best efforts to improve outcomes. Outcomes are dependent on multiple external factors including but not limited to market conditions, recruiter behavior, and platform algorithms.

Limitation of Liability

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of "OUTSPARK B2B PRO, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of "OUTSPARK B2B PRO”.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

All information provided by CoolBoots Media Pvt. Ltd. on our website, OUTSPARK B2B PRO, is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on our website.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR PLATFORM/WEBSITE- www.OUTSPARK B2B Pro.com OR RELIANCE ON ANY INFORMATION PROVIDED ON OUR WEBSITE. YOUR USE OF OUR WEBSITE- OUTSPARK B2B PRO AND YOUR RELIANCE ON ANY INFORMATION ON OUR PLATFORM/WEBSITE- OUTSPARK B2B PRO IS SOLELY AT YOUR OWN RISK.

Our website, OUTSPARK B2B PRO, may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the "OUTSPARK B2B PRO Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of "OUTSPARK B2B PRO/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

If any user changes or manipulates the results/output on "OUTSPARK B2B PRO using any unfair, fraudulent means like VPN, etc. then Coolboots Media Pvt. Ltd./"OUTSPARK B2B PRO will not be responsible, rather the user shall be solely responsible for his unlawful act and shall also indemnify "OUTSPARK B2B PRO/Coolboots Media Pvt. Ltd. for any or all claims arising out of it to the fullest extent.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on OUTSPARK B2B PRO, constitute the entire agreement between the Company and you in relation to your use of OUTSPARK B2B PRO, and supersede all prior agreements and understandings with respect to the same.

Dispute Resolution & Governing Law

If a dispute arises between you and Coolboots, Coolboots strongly encourages you to first contact Coolboots directly to seek a resolution by contacting Coolboots at support.b2b@myoutspark.com.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India, and you hereby accede to and accept the jurisdiction of such courts.

No Class Actions

You and Coolboots can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST COOLBOOTS IN YOUR INDIVIDUAL CAPACITY.

That means: Neither you nor Coolboots may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and Coolboots both agree to change this in writing); and the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.

Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Use to Coolboots are of a unique and irreplaceable nature, the loss of which shall irreparably harm Coolboots and that cannot be replaced by monetary damages alone, so that Coolboots shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).

Force Majeure

Coolboots shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Coolboots’ control such as natural disasters, war, terrorism, riots, embargoes, pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

Partnership

You agree that your use of the Services does not constitute any joint venture, partnership, employment or an agency relationship between you and Coolboots as a result of this Agreement.

If you have any questions or suggestions about the Terms of use, please contact us at support.b2b@myoutspark.com.

Contact Information:
Team OUTSPARK B2B PRO,
Coolboots Media Pvt Ltd
Address: C & D-1, 2nd Floor, Centrum Plaza, Sector-53, DLF QE, Gurgaon, Haryana, India, 122002.