1. Acceptance of Terms
By accessing or using https://adstractive.com/ (the “Website”) or engaging Adstractive (“we,” “us,” or “our”) for digital marketing services, you agree to be bound by these Terms & Conditions (“Terms”). If you disagree, discontinue use immediately.
2. Services Overview
We specialize in performance marketing, app marketing, and data-driven advertising solutions, including but not limited to:
- Mobile app user acquisition and retention campaigns.
- Programmatic ad buying and real-time bidding (RTB).
- ROI analysis, conversion rate optimization (CRO), and attribution modeling.
- Customized strategies for paid search, social media, and influencer marketing.
Client-specific deliverables, timelines, and fees will be outlined in a separate Service Agreement signed by both parties.
3. Eligibility
- You must be at least 18 years old or a legally authorized representative of a business.
- By using our services, you warrant that you have the authority to bind your organization to these Terms.
4. User Obligations
4.1 Client Responsibilities
- Provide accurate, complete, and up-to-date information for campaigns (e.g., target audience details, budgets, creative assets).
- Ensure all materials (e.g., app content, ad creatives) comply with applicable laws (e.g., GDPR, COPPA, FTC guidelines).
- Obtain explicit consent for any user data shared with us (e.g., email lists, device IDs).
4.2 Prohibited Activities
You agree not to:
- Use our services for illegal, fraudulent, or harmful activities.
- Reverse-engineer, scrape, or exploit our Website or tools.
- Infringe on third-party intellectual property (IP) rights.
5. Intellectual Property
5.1 Ownership
- Adstractive’s IP: All Website content, trademarks, proprietary tools (e.g., dashboards, algorithms), and whitepapers are owned by us.
- Client’s IP: Clients retain ownership of their campaign materials (e.g., logos, ad creatives) but grant us a non-exclusive, royalty-free license to use, modify, and distribute them for service delivery.
5.2 License to Clients
We grant clients a limited, non-transferable license to access reports and analytics generated through our services.
6. Payments & Fees
- Invoicing: Fees will be billed as per the Service Agreement (e.g., monthly retainers, performance-based pricing).
- Late Payments: Overdue invoices may incur interest at 1.5% per month or result in service suspension.
- Taxes: Clients are responsible for all applicable taxes (e.g., VAT, GST).
- Refunds: Fees are non-refundable unless explicitly stated in the Service Agreement.
7. Confidentiality
- Both parties agree to keep Confidential Information (e.g., business strategies, campaign data) private unless required by law.
- Confidentiality obligations survive termination of services.
8. Limitation of Liability
- No Guaranteed Results: We do not warrant specific outcomes (e.g., app installs, conversion rates).
- Indirect Damages: We are not liable for lost profits, reputational harm, or incidental damages.
- Total Liability: Our liability is capped at the fees paid by the client in the 6 months preceding the claim.
9. Termination
- By Client: Terminate services with 30 days’ written notice. Outstanding fees remain due.
- By Adstractive: We may terminate for breach of these Terms, non-payment, or illegal activity.
- Post-Termination: Clients must settle unpaid invoices and return proprietary materials.
10. Third-Party Platforms
- Our services may integrate with third-party platforms (e.g., Google Ads, Meta Ads, TikTok Ads). You agree to comply with their terms.
- We are not responsible for third-party platform changes (e.g., API updates, policy violations).
11. Dispute Resolution
- Negotiation: Parties agree to resolve disputes amicably via good-faith negotiations.
- Mediation/Arbitration: If unresolved, disputes will be settled through [mediation/arbitration] in [Jurisdiction].
- Governing Law: These Terms are governed by the laws of [Your Jurisdiction], excluding conflict-of-law principles.
12. Force Majeure
We are not liable for delays or failures caused by events beyond our control (e.g., pandemics, cyberattacks, ad platform outages).
13. Amendments
- We may update these Terms periodically. Material changes will be notified via email or Website banners.
- Continued use after updates constitutes acceptance.
14. General Provisions
- Waiver: Failure to enforce a provision does not waive our rights.
- Severability: If a clause is invalid, the remainder of the Terms remains enforceable.
- Entire Agreement: These Terms supersede prior agreements unless stated otherwise in a Service Agreement.
15. Contact Information
Adstractive
Email: support@adstractive.com