Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by DigitalLaunch Ads ("we," "us," or "our"), you ("Client," "you," or "your") accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

These terms apply to all visitors, users, and others who access or use our digital marketing services, website, or related platforms.

2. Services Overview

DigitalLaunch Ads provides comprehensive digital marketing services, including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click (PPC) Advertising Management
• Social Media Marketing and Management
• Content Marketing and Creation
• Web Design and Development
• Analytics and Data Analysis
• Marketing Strategy and Consulting

Specific services will be detailed in individual service agreements or proposals.

3. Service Agreements

3.1 Proposals and Contracts

All services are provided based on written proposals, statements of work, or service agreements that outline:

• Scope of work and deliverables
• Timeline and milestones
• Pricing and payment terms
• Performance metrics and reporting
• Responsibilities of both parties

3.2 Changes to Scope

Any changes to the agreed-upon scope of work must be documented in writing and approved by both parties. Additional fees may apply for scope changes or additional services.

3.3 Campaign Performance

While we strive to deliver optimal results, we cannot guarantee specific outcomes such as search engine rankings, conversion rates, or sales figures. Digital marketing results depend on various factors beyond our control, including market conditions, competition, and platform algorithm changes.

4. Client Responsibilities

To ensure successful service delivery, clients agree to:

• Provide accurate and complete information about their business, products, and services
• Grant necessary access to accounts, platforms, and assets (website, social media, advertising accounts)
• Respond to requests for information, approvals, and feedback in a timely manner
• Ensure all provided content and materials comply with applicable laws and regulations
• Maintain active communication throughout the service period
• Comply with the terms and policies of third-party platforms (Google, Meta, TikTok, etc.)

5. Payment Terms

5.1 Fees and Billing

Service fees will be specified in the service agreement and may include:

• One-time setup fees
• Monthly retainer fees
• Project-based fees
• Performance-based fees (when applicable)
• Third-party advertising budgets (managed separately)

5.2 Payment Schedule

Unless otherwise specified:

• Setup fees are due upon contract signing
• Monthly fees are billed in advance on the 1st of each month
• Project fees are billed according to agreed milestones
• Advertising budgets are billed directly by the respective platforms

5.3 Late Payments

Invoices are due within 15 days of issuance. Late payments may result in:

• Suspension of services until payment is received
• Late fees of 1.5% per month on outstanding balances
• Termination of the service agreement

6. Intellectual Property

6.1 Client Content

You retain all rights to content, materials, and assets you provide to us. By providing such content, you grant us a non-exclusive license to use, modify, and distribute it for the purpose of delivering our services.

6.2 DigitalLaunch Ads Materials

Unless otherwise specified in the service agreement:

• Strategy documents, processes, and methodologies remain our intellectual property
• Custom-created content (ad copy, graphics, videos) becomes your property upon full payment
• We retain the right to showcase completed work in our portfolio and marketing materials

6.3 Third-Party Tools

We may use third-party tools, software, and platforms in delivering our services. Rights to such tools remain with their respective owners.

7. Confidentiality

Both parties agree to maintain confidentiality of all proprietary and sensitive information shared during the course of the business relationship, including:

• Business strategies and marketing plans
• Financial information and performance data
• Customer data and analytics
• Proprietary methodologies and processes

This obligation continues for 2 years after termination of the service agreement.

8. Term and Termination

8.1 Service Period

Services continue for the duration specified in the service agreement. Month-to-month agreements continue until terminated by either party.

8.2 Termination by Client

You may terminate services with 30 days written notice. Early termination may result in:

• Payment of fees for work completed through the notice period
• Forfeiture of setup fees and non-refundable deposits
• Fees for early contract termination (if applicable)

8.3 Termination by DigitalLaunch Ads

We reserve the right to terminate services with 30 days notice, or immediately if:

• Payment obligations are not met
• Client violates these Terms of Service
• Client requests actions that violate laws or platform policies
• The working relationship becomes untenable

8.4 Post-Termination

Upon termination:

• We will provide access credentials and transfer ownership of applicable accounts
• Final invoices for services rendered must be paid within 15 days
• We are not responsible for campaign performance after termination

9. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability shall not exceed the total fees paid by you in the 6 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for third-party platform changes, outages, or policy violations
• We are not liable for campaign performance affected by factors beyond our control

10. Warranties and Disclaimers

We warrant that:

• Services will be performed with professional skill and care
• We will comply with applicable laws and industry standards
• We have the right to provide the services offered

Disclaimer: Services are provided "as is" without warranties of specific results. We do not guarantee rankings, traffic levels, conversion rates, or revenue outcomes.

11. Indemnification

You agree to indemnify and hold harmless DigitalLaunch Ads from claims, damages, and expenses arising from:

• Your use of our services
• Content and materials you provide
• Your violation of these terms or applicable laws
• Infringement of third-party rights

12. Dispute Resolution

In the event of any dispute arising from these terms or our services:

• Parties will first attempt to resolve disputes through good-faith negotiations
• If unresolved, disputes will be submitted to binding arbitration
• Arbitration will be conducted in accordance with applicable arbitration rules
• The prevailing party may be entitled to recover reasonable attorney fees

13. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated via email or through our website. Continued use of our services after such modifications constitutes acceptance of the updated terms.

14. General Provisions

• Entire Agreement: These terms, along with the service agreement, constitute the entire agreement between parties
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• No Waiver: Failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign these terms without our written consent
• Governing Law: These terms are governed by the laws of New York, USA

15. Contact Information

For questions regarding these Terms of Service, please contact us: