Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and DataFlow Media ("we," "us," or "our") regarding your use of our website located at dataflowmedia.info (the "Service") and our advertising services.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Description of Services

DataFlow Media provides digital advertising and marketing services, including but not limited to:

• Meta (Facebook and Instagram) advertising management
• Google Ads campaign management
• TikTok advertising services
• Analytics and tracking implementation
• Marketing strategy and consulting services
• Related digital marketing services as agreed upon in service agreements

3. Use of Service

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems to access the Service without authorization
• Impersonate any person or entity or misrepresent your affiliation

4. Service Agreements and Payments

4.1 Service Agreements

Specific services will be provided under separate service agreements or statements of work ("Service Agreements") that detail the scope of work, fees, payment terms, and other specific terms and conditions. These Terms apply to all Service Agreements unless explicitly stated otherwise.

4.2 Fees and Payment

Fees for our services will be set forth in the applicable Service Agreement. You agree to pay all fees as specified. Payment terms, including due dates and accepted payment methods, will be detailed in your Service Agreement.

4.3 Late Payments

If payment is not received by the due date, we reserve the right to suspend or terminate services and charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. Intellectual Property

5.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by DataFlow Media and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights are reserved.

5.2 Your Content

You retain ownership of any content, materials, or information you provide to us ("Your Content"). By providing Your Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display Your Content solely for the purpose of providing our services to you.

5.3 Work Product

Upon full payment of fees, you will own the final deliverables specified in your Service Agreement, subject to our right to use such work for portfolio and marketing purposes.

6. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information necessary for us to perform our services
• Grant us necessary access to advertising accounts, analytics platforms, and other required systems
• Approve campaign strategies, ad creatives, and other materials in a timely manner
• Comply with all applicable laws and regulations related to your business and advertising
• Maintain the security of your account credentials
• Pay all fees in accordance with the payment terms

7. Performance and Results

While we will use our expertise and best efforts to achieve the objectives outlined in your Service Agreement, we cannot guarantee specific results, metrics, or outcomes. Advertising performance depends on many factors outside our control, including market conditions, competition, product quality, pricing, and consumer behavior.

We will provide regular reporting and optimization efforts, but final results may vary. No refunds will be provided based solely on performance metrics unless explicitly stated in your Service Agreement.

8. Term and Termination

8.1 Term

The term of services will be specified in your Service Agreement. Services may continue on a month-to-month basis after the initial term unless terminated by either party.

8.2 Termination

Either party may terminate services with written notice as specified in the Service Agreement. Termination will not relieve you of your obligation to pay fees for services already performed or committed.

8.3 Effect of Termination

Upon termination, we will cease providing services and may revoke access to our systems. You will remain responsible for all fees incurred up to the termination date.

9. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and confidential information shared during the course of our engagement. This obligation will survive termination of services.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAFLOW MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless DataFlow Media and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Service, violation of these Terms, or infringement of any rights of another party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in Toronto, Ontario, in accordance with the rules of the Canadian Arbitration Association, except where prohibited by law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Miscellaneous

Entire Agreement: These Terms, together with your Service Agreement, constitute the entire agreement between you and DataFlow Media regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us: