Legal
Terms of Service
Last updated: 11 April 2025
Please read these Terms of Service carefully before using gilgamesh.in or engaging with Gilgamesh™. By accessing our site or services, you agree to be legally bound by these terms. If you do not agree, do not use our site or services.
1. Parties and Agreement
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “Client”, or “you”) and Gilgamesh™(“we”, “us”, or “our”), a company incorporated in India with its trademark registered under Indian law.
These Terms govern your access to and use of gilgamesh.in, all associated subdomains, and any services we provide. They apply to all visitors, enquirers, prospective clients, and active clients.
Where a separate written engagement agreement, statement of work, or service contract exists between Gilgamesh™ and a client, that document governs the specific engagement. These Terms apply to all matters not covered therein.
2. Services
2.1 Nature of services
Gilgamesh™ provides go-to-market strategy, revenue engine design, operator-led business services, venture acceleration (Gilgamesh™ Capital), fractional sales operations, RevOps, and related consulting and advisory engagements.
Our services are commercial and professional in nature. We do not provide legal, financial, accounting, or regulated investment advice. Any business outcomes, metrics, or projections referenced on this site are illustrative and not a guarantee of future performance.
2.2 Service availability
We reserve the right to modify, suspend, discontinue, or restrict access to any part of our services or website at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
2.3 Engagement terms
Specific deliverables, timelines, fees, and responsibilities for any client engagement are set out in a separate signed service agreement or statement of work. No engagement commences until such agreement is executed by both parties.
3. Acceptable Use
You agree to use our website and services only for lawful purposes and in a manner consistent with these Terms. You must not:
- Use the site for any purpose that is unlawful, fraudulent, harmful, or deceptive
- Attempt to gain unauthorised access to any part of the site, its servers, or any connected systems
- Transmit any unsolicited commercial communications, malware, viruses, or other harmful code
- Reproduce, copy, duplicate, scrape, or resell any part of the site or its content without express written permission
- Use automated tools (bots, crawlers, scrapers) to extract data from the site
- Impersonate Gilgamesh™ or any of its personnel, or misrepresent your affiliation with us
- Post or transmit content that is defamatory, discriminatory, or in violation of any third-party rights
- Interfere with the integrity or performance of the site or its underlying infrastructure
We reserve the right to suspend or terminate your access immediately, without liability, if we determine you have violated these Terms or applicable law.
4. Intellectual Property
4.1 Our intellectual property
All content on this site, including but not limited to text, graphics, images, logos, trademarks, frameworks, methodologies, code, and design, is the exclusive property of Gilgamesh™ or its licensors. Gilgamesh™™ is a registered trademark in India. Unauthorised use of our intellectual property is prohibited and may constitute infringement under applicable law.
Nothing in these Terms grants you a licence, right, or interest in any of our intellectual property unless explicitly stated in a written agreement.
4.2 Client materials
All materials, data, and information provided by you during an engagement remain your intellectual property. You grant us a limited, non-exclusive licence to use such materials solely for the purpose of delivering the agreed services. We will not use your materials for any other purpose without your express written consent.
4.3 Work product
Unless otherwise agreed in a signed engagement contract, deliverables created by Gilgamesh™ during an engagement become the property of the client upon receipt of full payment. Gilgamesh™ retains the right to reference the existence (but not the confidential content) of engagements for portfolio or marketing purposes unless the client requests otherwise in writing.
5. Confidentiality
Both parties may have access to confidential information during the course of an engagement. Each party agrees to:
- Keep all confidential information strictly confidential and not disclose it to any third party without prior written consent
- Use confidential information only for the purpose for which it was disclosed
- Apply at least the same degree of care to protect the other party's confidential information as it applies to its own
- Promptly notify the disclosing party upon becoming aware of any actual or suspected unauthorised disclosure
Confidentiality obligations survive the termination of any engagement for a period of three (3) years, except where disclosure is required by law or court order, in which case we will notify you as early as legally permissible.
6. Fees and Payment
Fees for services are set out in the applicable engagement agreement. Unless otherwise agreed:
- Invoices are payable within 14 days of issue
- Late payments may attract interest at a rate of 1.5% per month or the maximum permitted by applicable law, whichever is lower
- All fees are exclusive of applicable taxes (including GST in India), which are the client's responsibility
- We reserve the right to suspend services for non-payment after providing reasonable notice
7. Disclaimers and No Warranties
To the fullest extent permitted by applicable law:
- This website and all content are provided on an “as is” and “as available” basis without any warranty, express or implied
- We make no representations regarding the accuracy, completeness, reliability, or suitability of any content on the site
- We do not warrant that the site will be uninterrupted, error-free, secure, or free from viruses or other harmful components
- Any metrics, projections, or case studies referenced on the site represent specific past outcomes and do not guarantee equivalent results for any client
- We are not a regulated financial adviser, legal adviser, or accountant. Nothing on this site constitutes professional advice in those domains
8. Limitation of Liability
To the maximum extent permitted by law, Gilgamesh™, its directors, employees, contractors, and affiliates shall not be liable for:
- Any indirect, incidental, consequential, punitive, or special damages
- Loss of revenue, profits, data, business opportunities, or goodwill
- Damages arising from your reliance on any content or advice provided on the site
- Service interruptions, security breaches outside our reasonable control, or third-party actions
Our total aggregate liability to you for any claim arising under or in connection with these Terms or any engagement shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or INR 50,000 (whichever is greater).
Nothing in these Terms excludes or limits our liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any liability that cannot be excluded by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Gilgamesh™ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party right, including intellectual property rights
- Any false or misleading information you provide to us
10. Third-Party Links and Services
Our site may contain links to third-party websites or integrate with third-party tools. These are provided for your convenience and do not constitute an endorsement. We have no control over, and accept no responsibility for, the content, privacy practices, or availability of third-party sites. Your use of any third-party site is governed by that site's own terms and policies.
11. Privacy and Data Protection
Your use of our site is governed by our Privacy Policy and Cookie Policy, each of which is incorporated into these Terms by reference. By using our site, you consent to our data practices as described in those documents.
12. Force Majeure
Neither party shall be in breach of these Terms or liable for any failure to perform its obligations where such failure results from causes beyond that party's reasonable control, including acts of God, natural disasters, pandemics, governmental restrictions, war, civil unrest, cyberattacks, or failures of third-party infrastructure. The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to resume performance.
13. Termination
13.1 Termination by client
You may terminate an engagement in accordance with the terms of the signed engagement agreement. Termination of an engagement does not terminate these Terms, which continue to apply to your use of the website.
13.2 Termination by Gilgamesh™
We may terminate or suspend your access to the site and any ongoing services immediately upon written notice if you: breach these Terms, fail to make payment after reasonable notice, engage in conduct harmful to our reputation or operations, or become subject to insolvency proceedings.
13.3 Effect of termination
On termination of any engagement, all outstanding fees become immediately payable. Provisions that by their nature should survive termination. including confidentiality, intellectual property, limitation of liability, indemnification, and governing law. shall continue in full force.
14. Governing Law and Dispute Resolution
14.1 Governing law
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
14.2 Dispute resolution
In the event of a dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute is not resolved within 30 days of written notice, either party may refer the matter to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with proceedings conducted in English.
14.3 Jurisdiction
For matters not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts of India. Nothing in this clause prevents either party from seeking injunctive or other equitable relief in any competent court.
15. General Provisions
- Entire agreement: These Terms, together with any engagement agreement and our Privacy and Cookie Policies, constitute the entire agreement between the parties on the subject matter and supersede all prior understandings.
- Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of our right to enforce it later.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity.
- No partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
- Notices: All formal notices under these Terms must be in writing and delivered to likith@gilgamesh.in.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes in law, our services, or business practices. We will update the “Last updated” date and, for material changes, notify users by email or prominent site notice where reasonably practicable. Your continued use of the site after any update constitutes acceptance of the revised Terms.
Previous versions are available upon request.
Questions about these terms? Reach us through any of these:
