Effective date: August 22, 2026 · Last updated: August 22, 2026
These Terms of Service (“Terms”) govern your access to and use of the website highlister.com (the “Site”) and any marketing, advertising, consulting, or related services (the “Services”) provided by Highlister Media (“Highlister,” “we,” “us,” or “our”), a business based in Mangalore, Karnataka, India. By accessing the Site or engaging our Services, you (“you,” “Client,” or “User”) agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.
1. Our Services
Highlister Media (founded 2020, Mangalore, India) is a marketing agency offering AI-powered growth and marketing services that may include, without limitation: website development, personal branding, content engine deployment, paid ads and sales funnels, performance marketing, WhatsApp business marketing, AI agents and automation, and custom software development (“Services”). The specific scope, deliverables, and pricing for any engagement will be set out in a separate written proposal, statement of work, or agreement (“Order Form”) between Highlister and the Client, which forms part of these Terms.
2. Eligibility & Accounts
You must be at least 18 years old and legally capable of entering into a binding contract to use our Services. If you are acting on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.
3. Engagements, Proposals & Scope
- Services begin only after a proposal, Order Form, or engagement agreement has been mutually accepted in writing (including via email or e-signature) and, where applicable, any upfront payment has been received.
- Highlister offers engagement models that may include “done-for-you” (DFY) execution and “done-with-you” (DWY) or consulting-only arrangements, as described in the relevant proposal.
- Any change to agreed scope, timelines, or deliverables must be confirmed in writing and may result in revised fees.
- Timelines provided are estimates. Delays caused by the Client (late approvals, missing assets, delayed access to accounts) may extend delivery timelines without penalty to Highlister.
4. Fees, Payment & Taxes
- Fees are as stated in the applicable proposal or Order Form and are exclusive of Goods and Services Tax (GST) and any other applicable taxes unless stated otherwise.
- Recurring engagements are billed on the cycle stated in the Order Form (typically monthly), in advance, unless agreed otherwise.
- Payments are due within the period specified on the invoice. Late payments may result in suspension of Services until outstanding amounts are settled.
- Where Client-directed advertising or media spend is part of an engagement, such spend is separate from, and in addition to, Highlister’s service fees, and is payable directly by the Client to the relevant advertising platform unless otherwise agreed in writing.
- Fees paid are generally non-refundable once work has commenced, except as expressly agreed in the applicable Order Form.
- Any tax deducted at source (TDS) by the Client must be reported to Highlister with the relevant certificate to enable correct reconciliation.
5. Client Responsibilities
To enable delivery of the Services, the Client agrees to: provide timely access to relevant accounts, assets, and information; review and approve deliverables within a reasonable time; ensure that any content, data, or materials supplied to Highlister do not infringe third-party rights or violate applicable law; and designate a point of contact authorized to make decisions on the Client’s behalf.
6. Intellectual Property
- Pre-existing IP. Each party retains ownership of intellectual property it owned prior to the engagement, including Highlister’s proprietary frameworks, playbooks, templates, tools, and methodologies (“Highlister IP”).
- Deliverables. Unless otherwise stated in the Order Form, upon full payment, the Client receives a license to use the final deliverables created specifically for them (e.g., ad creative, copy, campaign assets) for their own business purposes. Highlister retains ownership of underlying processes, templates, and Highlister IP embedded in those deliverables.
- Site content. All content on the Site — including text, graphics, logos, and design — is owned by or licensed to Highlister and may not be copied, reproduced, or distributed without prior written consent.
7. Advertising, Ad Spend & Third-Party Platforms
Where Services involve managing advertising campaigns on third-party platforms (e.g., Meta, Google, LinkedIn, WhatsApp Business API providers), the Client acknowledges that:
- Such platforms are governed by their own terms of service, which the Client is responsible for complying with;
- Highlister does not control and is not responsible for changes in platform policy, algorithm behavior, account restrictions, or ad rejections imposed by third-party platforms;
- Ad accounts, pixels, and related assets typically remain owned by the Client unless otherwise agreed.
8. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with an engagement, and to use it solely for the purpose of performing under these Terms, except where disclosure is required by law.
9. No Guarantee of Results
Marketing outcomes (including but not limited to leads, conversions, rankings, impressions, revenue, or return on ad spend) depend on numerous factors outside Highlister’s control, including market conditions, platform algorithms, and Client-side execution. Highlister does not guarantee specific results, rankings, lead volumes, or revenue outcomes unless explicitly and specifically stated in a written Order Form.
10. Term, Cancellation & Termination
- Engagements continue for the term specified in the Order Form, and renew or continue on a rolling basis as agreed, until terminated by either party per the notice period stated therein (or, if unspecified, 30 days written notice).
- Highlister may suspend or terminate Services immediately for non-payment, breach of these Terms, or misuse of the Services.
- Fees for work performed and costs already committed up to the effective date of termination remain payable.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Highlister’s total liability arising out of or relating to the Services or these Terms shall not exceed the total fees paid by the Client to Highlister in the three (3) months preceding the claim. Highlister shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
12. Indemnification
The Client agrees to indemnify and hold Highlister harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from the Client’s breach of these Terms, misuse of the Services, or content/data supplied by the Client that infringes third-party rights or violates applicable law.
13. Privacy
Our collection and use of personal information in connection with the Site and Services is described in our Privacy Policy, which is incorporated into these Terms by reference.
14. Acceptable Use of the Site
You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to our systems or data; interfere with the Site’s operation or security; or scrape, copy, or republish Site content without permission.
15. Disclaimers
The Site and any general information provided on it are offered “as is” without warranties of any kind, express or implied. Highlister does not warrant that the Site will be uninterrupted, secure, or error-free.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts at Mangaluru (Dakshina Kannada), Karnataka. The parties agree to first attempt to resolve any dispute in good faith through direct negotiation before pursuing formal proceedings.
17. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by an updated “Last updated” date above. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.
18. Contact Us
For questions about these Terms, please contact us at:
Highlister Media
Milestone 25, 2nd Floor, Shop No: 218 Balmatta,
Mangalore, Karnataka 575001 India
GSTIN: 29CGFPR8274L4ZD
Email: hello@highlister.com
Website: https://highlister.com
Mob: 9686073467