Semboat seeks to keep online marketing and advertising gainful for all the clients and thus, have certain terms of use.

Last updated on: 11th April,2021

By answering “Yes” on the “Do you agree with Semboat terms of use?” question, you are agreeing to abide by these Terms from the date you register as a customer on Semboat.

  1. Semboat is an Indian company,  registered office at Uttarpara, Kolkata.
  2. In the following terms of use, Semboat is referred to as ‘us’, ‘our’, ‘we’ and the customers are referred to as ‘you’ or ‘your’.

Each Order shall comprise of all the terms and conditions under this agreement and is also incorporated herein by reference. These terms and conditions also govern your involvement in and/or use of Semboat.

  1. Semboat-

We are a proprietary web application software that produces and controls online marketing and online advertising campaigns for the clients with third party networks as described in any of the orders, as agreed to by you. Semboat is hosted on our servers, based outside India and is made available to You through Our website at “Semboat.com”.

  1. License and Access-
  2. Semboat hereby grants you a non-exclusive, non-assignable and non-transferable right during the term (section 11) to use Semboat in obedience with the Terms and Conditions set forth here. All rights that are not explicitly granted to you are reserved by Semboat.
  3. You are solely responsible for your use of Semboat and by any of your employees, agents or any other person, whether authorised or not.
  • You shall not permit any third party to use or access Semboat and shall use all sensible security measures to protect against such unauthorised usage and/or access.
  1. Customer Responsibilities-
  2. You shall provide and maintain all the true and current information to Semboat and make sure it is up-to-date.
  3. You, and not Us, shall have the sole responsibility for all “Customer Contents” like texts, logos, images, advertisements and any website that is reachable via the advertisements, generated using the services.
  • You are wholly accountable for the accuracy, quality, integrity, legality and intellectual property ownership of all the Customer Data (as defined in 4(1), and Semboat shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of it.
  1. Your content shall conform to all requirements and guidelines set forth by the third-party marketing and advertising networks, such as but not limiting to Google, Microsoft and Facebook, including the trademark policies, Semboatial guidelines and creative limitations posted therein. You hereby authorize Semboat to allow Customer Content and advertisements to be published throughout to the advertising networks included in the services.
  2. If you do not conform to any of the third-party advertising networks’ terms and/or Semboat’s terms, any of the following actions might be undertaken:
    1. your advertisement might be rejected by the third-party advertising network or Semboat;
    2. we might suspend or terminate your Semboat account.
  3. When a company or corporate entity that you represent and warrant that your company or corporate entity is properly incorporated or properly able to perform acts in law.
  • When acting on behalf of another party (whether they are an individual or a company), you represent and warrant that you have full legal authority to enter into an agreement with Us on behalf of that party.
  • You shall not use Semboat for any illegal, obscene, offensive or immoral purpose.
  1. You shall ensure that all the materials provided by You are free from viruses, worms, Trojan horses and other malicious codes.
  2. Customer Profile and Personal Data-
  3. The Customer will solely be responsible for the user name and password of the account. They will also be responsible for the accuracy and truth of the personal data provided in the sign up/register page. They shall, for future modifications, must inform of such changes and keep them up-to-date.
  4. We do not own any keyword data, information, performance data, paid search campaigns or material, collectively called the “Customer data” that You submit to Us in the course of Us providing the Service to You.
  • You hereby grant Us a worldwide, royalty-free, non-exclusive right during the Term (section 11) to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of-
  • processing your Customer data in connection with providing the services to you; and
  • storing or hosting the Customer data in a remote database or oncom website, for access by you.
  1. Your private Customer data is accessible only to you and persons explicitly authorized by you. You hereby confirm and agree that Semboat has the right to use your Customer data in order to compile, analyse and disclose to third-parties aggregated metrics, data and trends related to the use of its services, as long as such metrics, data and trends do not contain uniquely identifiable Customer data, you further acknowledge.
  2. We are a controller of personal data. You have the right to access your personal data as processed by Us and to request that, from time to time, such data be amended or deleted in agreement with the Semboat privacy policy.
  3. For the avoidance of any doubt, you acknowledge and agree that all data related to your use of the services, except the Customer data, shall be owned by Semboat.
  4. Semboat services-
  5. We reserve the right to modify Semboat without notice and without any liability.
  6. We have no obligation to review your use of Semboat. We do not control, nor are we to be held responsible for, your use of Semboat or any other content that you send or receive via Semboat.
  7. Intellectual Property and Proprietary Rights-
  8. You do not have the right to rent, lease, sublicense, distribute, transfer, copy or modify Semboat.
  9. You shall not adapt Semboat in any way or use it to create a plagiaristic work.
  • You shall not translate, decompile, or create or attempt to create, by way of reverse engineering or otherwise, the source code of Semboat.
  1. All algorithms, Artificial Intelligence, methods of computation and data processed by Semboat to create, optimize and measure marketing and advertising campaigns or any other data of statistical nature necessary for the proper functioning of Semboat, or a feature thereof, “Processed Data”, are and shall remain Our sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. We reserve all the rights that are not expressly granted to you herein.
  2. Privacy and Confidentiality-
  3. You are agreeing to the terms of Semboat’ privacy policy at (link to the Privacy Policy page) which may be viewed on the Semboat’ official website, and which may be modified by Semboat in its reasonable discretion from time to time.
  4. You are agreeing that during the course of this agreement, information that is confidential or proprietary may be disclosed between us including but not limited to: software, technical processes, formulas, source code, sales, costs, other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”). You shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the confidential information to others, except as explicitly provided for herein. You agree to secure and protect the confidential information in a manner consistent with the maintenance of Our rights therein. You shall use your best efforts to assist Us in recognizing and preventing any unauthorised access, use, copying, or disclosure of the confidential information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, you shall advise Us immediately in the event that you learn or have reason to believe that any person to whom you have given access to the confidential information has violated or intends to violate the confidentiality of the it or any of our proprietary rights. You will, at your expense, cooperate with Us in seeking injunctive or other equitable relief in the name of You or Us, against any such person. You are agreeing to maintain the privacy of the confidential information using at least as great a degree of care as you use to maintain the privacy of your own confidential information, and in no event less than a reasonable degree of care.
  • You are acknowledge that the disclosure of any aspect of the Confidential Information or any other Confidential Information referred to herein, or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Us inadequately compensable in damages to law, and We are entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, we may immediately terminate Your account and all license rights granted herein, in the event You breach any of Your confidentiality obligations.
  1. Payment and Fees-
  2. Pricing on Semboat is based on the plan chosen by you, and reflects the offering shown on Our website at the time you entered into this agreement.
  3. You must provide Semboat with a valid credit card or bank automatic clearing house validation as a condition of signing up for the services. You shall represent that you are authorized to provide any credit card or bank account information you use to sign up for the services.
  • You shall pay all the fees to your account in agreement with the fees and billing terms in the said order.
  1. The first billing period begins on the date of registration as a Semboat customer and ends the day before the date of the following month that corresponds to the date of registration. Subsequent billing periods shall begin on the date of each month that corresponds to the date of registration and end the day before that date in the following month.
  2. Semboat’ subscriptions are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Semboat reserves the right to suspend the services if you are late in paying the charge for an order.
  3. If you use Semboat’ Advertising Buying Feature, an additional 10% fee of your monthly consumed Advertising credits will be charged (See section 10.)
  4. Semboat Credit Vouchers-
  5. You are eligible for free Semboat credit vouchers if you meet other relevant Semboat’ vouchers’ terms and conditions.
  6. The terms and conditions can be found on the vouchers, which are highlighted in your account’s payment section.
  • All credits that exceeds the free Semboat’ credit vouchers will be charged to users.
  1. Users can suspend their marketing or advertising campaigns at any time before the free credits run out, if they do not wish to be charged for additional costs. Users will not be notified once the Semboat’ voucher ends.
  2. Subject to marketing and advertising approval, valid registration and acceptance of the standard Semboat terms and conditions should be practised.
  3. You agree to conform to Google, Microsoft and Facebook’s advertising policies, terms of service, and commercial terms.
  • Semboat may refuse service or limit, suspend, or terminate your access to the free Semboat credits vouchers at any time, with or without cause. You might also discontinue your use of the vouchers at any time.
  • Users creating multiple accounts to benefit from multiple free Semboat credit vouchers will have their account suspended as, these are of limited usage per customer.
  1. The use of these credit vouchers constitutes your acceptance of these terms and conditions.
  2. Marketing/Advertising Buying Feature-

Buying marketing or advertising through Semboat allow you to effortlessly and instantly create third-party ad accounts & purchase Google, Microsoft, Facebook and Instagram advertisements from within your Semboat account.

  1. The Marketing/Advertising Buying Feature is an additional feature in your Semboat account and will be due to be paid or billed as such. When creating any advertising or marketing campaign through this feature, you will be asked to select a maximum budget for your campaign, and you will be charged for this amount in its entirety. Ads will then be placed by Google, Microsoft or Facebook (including Instagram) on your behalf, according to the criteria you select using the Marketing/Advertising Buying Feature, until your maximum budget is reached. In certain circumstances, when your entire budget might not be exhausted, the remaining amount of your budget will be credited to your account as a “Marketing/Advertising Credits (Balance)” and might be used towards the purchase of future campaigns with the same feature. Advertising Credits might not be used to purchase or pay for other Semboat services. Advertising Credits do not expire.
  2. If you use Semboat’ Marketing/Advertising Buying Feature on top of the services, Semboat will ask a 10% fee for your monthly consumed Advertising Credits. These fees are on top of Your chosen management plan (see section 8).
  • Semboat may refuse service and/or limit, suspend, or terminate your access to the Marketing/Advertising Buying Feature at any time, with or without cause. You might also cease your use of the Advertising Buying Feature, at any time. The Marketing/Advertising Buying Feature allows you to create, purchase, and manage Google, Microsoft, Facebook and Instagram ads as well as other Social Media Marketing and Search Engine Optimization services from your Semboat account. By using this feature, you are also agreeing to conform to Google, Microsoft and Facebook’s marketing and advertising policies, terms of services, and commercial terms. Google, Microsoft, Facebook and Instagram are not affiliates, partners, agents, or representatives of Semboat. You understand and agree that Semboat is an independent third party and has no right, responsibility, ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, Microsoft, Facebook or Instagram.
  1. Terms-
  1. These Terms are effective as long as you are a registered customer of Semboat. We will provide the services to you on a monthly basis.
  1. Termination-
  2. Either You or Us might terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances, such termination shall not give rise to liability and/or obligation.
  3. In the event of any termination, you shall not be entitled to any refunds. Any remaining balance for your use of Semboat rendered through the date of termination, and any other unpaid payment obligations incurred during the remainder of the billing period, shall be immediately due and payable in full. All data, files, or other information stored in your account shall not be available to you, any longer.
  • The termination of this agreement shall automatically, and without further action by us, terminate and extinguish your right to use Semboat.
  1. Disclaimer of warranties-
  2. SEMBOAT, OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, USERS AND AGENTS (COLLECTIVELY “THE SEMBOAT’ PARTIES”) ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THE THIRD-PARTIES (INCLUDING CLIENTS).
  3. THE SEMBOAT’ PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING-

(A) THE SUCCESS OF SEMBOAT;

(B) THE ERROR, DISRUPTION AND INTERRUPTION FREE QUALITIES OF SEMBOAT;

(C) THE REQUIREMENTS OR EXPECTATIONS OF THE SERVICES;

(D) THE PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NECESSITIES OR EXPECTATIONS. THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND, AND ANY USE BY YOU SHALL BE AT YOUR SOLE RISK. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SEMBOAT AND ITS LICENSORS.

  1. Limitation of Obligation-

IN NO EVENT SHALL THE SEMBOAT’ PARTIES BE LIABLE OR ACCOUNTABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING AND WITHOUT LIMITATION TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER FINANCIAL LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE SEMBOAT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL, CUMULATIVE LIABILITY OF THE SEMBOAT’ PARTIES FOR ANY DIRECT DAMAGES INCURRED HEREUNDER SHALL NOT EXCEED (AMOUNT).

  1. General Condition modifications-
  2. Registered users will receive notifications and communications regarding the changes made in the general conditions by email. Users can obtain the general conditions of Semboat by downloading it.
    1. Law and Jurisdiction-

The customers and users shall agree to take, at all times, the use and application of the law in force under the Indian legislation. The area of jurisdiction of Semboat is India and any litigation of a legal-administrative nature will be resolved in the Court of Kolkata, India. The customers and users are agreeing to be in agreement with these conditions for the use and satisfaction of the services of Semboat, and its website Semboat.com.