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Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the relationship between you and The-Digital-Sun Group, LLC ("we", "our", "us") in connection with our growth marketing services. By engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use or continue using our services.

2. Scope of Services

We provide marketing and consulting services that may include, but are not limited to:

  • Campaign Management: Paid advertising campaigns, audience targeting, creative strategy, and ongoing optimization.
  • Platform Access & Setup: Access to and configuration of client-owned platforms (e.g., Google Analytics, social media accounts, CRM systems) as needed to perform agreed-upon services.
  • Analytics & Reporting: Gathering performance metrics, engagement data, conversion data, and other analytics to generate reports and insights for you or your internal stakeholders.
  • Consulting & Strategy: Guidance on marketing strategy, positioning, funnel optimization, content planning, and related business decisions.

3. Client Responsibilities

To enable us to perform the services, you agree to:

  • Provide accurate and up-to-date contact information, business information, brand guidelines, and access credentials where required.
  • Ensure that any data, content, creative assets, target audiences, or instructions you provide comply with applicable laws and platform policies.
  • Obtain all necessary permissions and rights for us to use your branding, creative assets, and customer/audience data for campaign execution.
  • Respond in a timely manner to requests for approvals, clarifications, or strategic decisions that affect performance.

4. Confidentiality and Data Handling

We treat all client campaign data, access credentials, marketing strategy, and performance analytics as confidential. We will not sell, lease, or share client data with third parties for their independent marketing purposes. We may share limited data with trusted service providers (for example, advertising platforms or analytics tools) strictly as required to perform the services you have engaged us to perform, or as required by law.

We apply commercially reasonable security measures to protect sensitive information from unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to:

  • Encrypted data transmission (SSL/TLS).
  • Limited-access internal systems so that only authorized team members can access sensitive data.
  • Secure storage of credentials and marketing assets.
  • Ongoing internal reviews and team training regarding data handling best practices.

5. Billing, Invoicing, and Payment

You agree to pay fees for services as outlined in your proposal, agreement, or invoice. Unless otherwise stated in writing, invoices are due upon receipt. Late or unpaid balances may result in suspension or termination of services. You are also responsible for any direct media spend (for example, ad platform spend) unless otherwise agreed in writing.

6. Intellectual Property

Unless otherwise agreed in writing:

  • You retain ownership of your brand assets, trademarks, logos, proprietary audience lists, internal business data, and any first-party data you provide to us.
  • We retain ownership of our internal processes, strategies, know-how, frameworks, and any proprietary methodologies used to deliver services.
  • Creative assets, deliverables, reports, and materials specifically produced for you as part of a paid engagement may be used by you internally and in your marketing, subject to full payment of invoices.

7. Third-Party Platforms and Compliance

In delivering marketing services, we may use third-party platforms (advertising networks, analytics providers, CRM tools, etc.). Your data may flow through those platforms to execute campaigns. Your use of those platforms, whether directly or through us acting on your behalf, is subject to their respective terms, policies, and limitations. We are not responsible for outages, policy enforcement actions, bans, cost changes, data inaccuracies, reporting delays, or other limitations imposed by those platforms.

8. Performance and No Guaranteed Results

Marketing performance can be influenced by many factors outside our control, including market conditions, competition, product quality, pricing, brand reputation, and platform policies. While we act in your best interest and aim to improve performance, we do not guarantee specific results such as revenue targets, lead volume, cost per acquisition, ROAS, rankings, impressions, or engagement metrics.

9. Term, Termination, and Offboarding

Either party may terminate services according to the terms in the applicable proposal, statement of work, or master services agreement. Upon termination and upon your written request, we will make reasonable efforts to return or remove account access and relevant marketing assets, except where retention is required by law, for recordkeeping, billing, dispute resolution, audit, or tax purposes.

10. Limitation of Liability

To the fullest extent permitted by law, The-Digital-Sun Group, LLC is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of business opportunity, data loss, or business interruption, arising out of or relating to the services, even if we have been advised of the possibility of such damages.

Our total liability for any claim related to the services will not exceed the total fees actually paid to us by you for the specific service giving rise to the claim in the thirty (30) days preceding the event that caused the claim, unless otherwise required by applicable law.

11. Changes to These Terms

We may update these Terms of Service from time to time to reflect operational, business, legal, or regulatory changes. The "last updated" date will be revised accordingly. Your continued use of our services after an update constitutes acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to them or the services we provide, will be governed by applicable local laws based on the jurisdiction stated in your proposal, work order, or master services agreement with us. In the event of a dispute, both parties agree to attempt good-faith resolution before pursuing formal legal action.