TERMS OF SERVICE

1. Agreement to Terms

By accessing or using the MediaBuddy4U website and services operated by DUSKESD LTD. (DBA MediaBuddy4U), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with these terms, you are prohibited from using or accessing this site.

2. Use License

Permission is granted to temporarily access the materials (information or software) on MediaBuddy4U's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or public display
• Attempt to decompile or reverse engineer any software contained on our website
• Remove any copyright or proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MediaBuddy4U at any time.

3. Services Description

MediaBuddy4U provides marketing and creative services including but not limited to:

• Brand strategy and development
• Digital marketing campaigns
• Video production and content creation
• Marketing analytics and reporting
• Campaign management and optimization
• Digital advertising management (Google Ads, Facebook Ads, etc.)

We reserve the right to modify, suspend, or discontinue any service at any time without notice.

3A. Advertising Management Services

3A.1 Service Scope

Our advertising management services include strategic guidance, campaign setup, optimization, and ongoing management of digital advertising accounts. We provide:

• Consultation and strategic planning for advertising campaigns
• Campaign creation, setup, and configuration
• Ongoing monitoring, optimization, and performance reporting
• Guidance on best practices and platform compliance
• Support and training for internal teams

3A.2 Account Access and Ownership

When you engage us for advertising management:

• Account Ownership: You retain full ownership of all advertising accounts (Google Ads, Facebook Ads, etc.)
• Access Grants: You grant us administrative or manager-level access to manage campaigns on your behalf
• Access Revocation: You may revoke our access at any time by removing permissions from your account
• MCC/Business Manager: Your account may be linked to our Google Ads MCC or Facebook Business Manager for management purposes

3A.3 Ad Spend and Billing

Advertising spend is separate from our management fees:

• Direct Billing: All advertising platform costs (Google Ads, Facebook Ads, etc.) are billed directly to your payment method by the respective platforms
• No Fund Handling: We do not hold, manage, or process your advertising budget funds
• Budget Control: You maintain control over advertising budgets and spending limits
• Management Fees: Our service fees are separate and billed according to your service agreement

3A.4 Platform Compliance

All advertising campaigns must comply with:

• Advertising platform policies (Google Ads, Facebook Ads, etc.)
• Applicable laws and regulations (FTC, CAN-SPAM, GDPR, etc.)
• Industry standards and best practices
• Truthful and non-deceptive advertising principles

You are responsible for ensuring that your products, services, and promotional materials comply with all applicable laws. We will provide guidance but ultimate compliance responsibility rests with you.

3A.5 Performance and Results

Regarding advertising performance:

• No Guarantees: We do not guarantee specific results, ROI, conversion rates, or click-through rates
• Best Efforts: We will use industry best practices to optimize campaign performance
• Reporting: We provide regular performance reports as outlined in your service agreement
• Variables: Results depend on many factors including budget, competition, market conditions, and your product/service offering

3A.6 Platform Account Issues

If your advertising account experiences issues:

• We will provide reasonable support to resolve policy violations or account suspensions
• Final decisions on account status rest with the advertising platform
• We are not liable for account suspensions, policy violations, or platform decisions
• You remain responsible for maintaining compliant campaigns and business practices

4. User Accounts and Registration

When you create an account with us or engage our services, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

5. Intellectual Property Rights

5.1 Our Content

All content on this website, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of DUSKESD LTD. or its content suppliers and is protected by international copyright laws.

5.2 Client Materials

You retain all rights to materials you provide to us. By providing materials, you grant us a license to use, modify, and reproduce them solely for the purpose of delivering our services to you.

5.3 Work Product

Upon full payment, you will own the final deliverables created specifically for you. We retain the right to use work product for portfolio and promotional purposes unless otherwise agreed in writing.

6. Payment Terms

All fees for services are due as specified in your service agreement. We accept payment via the methods specified in your invoice. Late payments may incur interest charges and may result in suspension or termination of services.

• Payment Schedule: As outlined in service agreement
• Late Payment: 1.5% monthly interest on overdue amounts
• Refunds: Subject to terms in service agreement
• Disputed Charges: Must be raised within 30 days of invoice

7. Client Responsibilities

To ensure successful delivery of services, you agree to:

• Provide timely feedback and approvals
• Supply necessary materials and information
• Ensure you have rights to all materials provided to us
• Respond to communications within reasonable timeframes
• Comply with all applicable laws and regulations

8. Limitation of Liability

To the maximum extent permitted by law, DUSKESD LTD. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses resulting from:

• Your use or inability to use our services
• Unauthorized access to or alteration of your transmissions or data
• Third-party conduct or content on the service
• Any other matter relating to the service

Our total liability shall not exceed the amount paid by you for services in the 12 months preceding the claim.

9. Warranties and Disclaimers

We provide our services on an "as is" and "as available" basis. We make no warranties, expressed or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• That our services will be uninterrupted, timely, secure, or error-free
• That results obtained from use of services will be accurate or reliable
• That the quality of services will meet your expectations

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of services. This includes business strategies, technical data, customer information, and any information marked as confidential.

11. Termination

Either party may terminate services with written notice as specified in the service agreement. Upon termination:

• You must pay for all services rendered up to termination date
• We will deliver all completed work product
• All licenses granted by you to us will terminate
• Provisions that by their nature should survive termination will continue to apply

12. Indemnification

You agree to indemnify and hold harmless DUSKESD LTD., its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Materials you provide to us

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute arising out of or relating to these Terms or services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, conducted in San Ramon, California.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or governmental actions.

15. Modifications to Terms

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

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and DUSKESD LTD. regarding the use of our website and services, superseding any prior agreements.

18. Contact Information

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

DUSKESD LTD. (DBA MediaBuddy4U)
2010 Crow Canyon Pl Suite 100
San Ramon, CA 94583
Email: legal@mediabuddy4u.com
Phone: +1 (415) 555-1234