TERMS OF SERVICE
1. OUR SERVICES
Kinergy Media LTD ("we", "us") provides digital marketing services including Meta Ads, TikTok Ads, Creative Strategy, Content Production, and Organic Social management. The scope of your engagement is set out in a separate Service Agreement.
2. YOUR RESPONSIBILITIES
By engaging our Services, you confirm that:
• All information you provide is accurate and complete
• You hold the rights to any assets, content, or data you share with us, including UGC creator content and Shopify data
• Your business, products, and advertising comply with Meta, TikTok, and any other applicable platform policies
• You will not instruct us to carry out any activity that is unlawful, misleading, or in breach of platform policies
• You are at least 18 years of age and have authority to enter into this agreement
3. INTELLECTUAL PROPERTY
Creative deliverables produced for you become your property upon full payment of all fees. We retain ownership of our proprietary methodologies, frameworks, and templates. We reserve the right to reference completed work in our portfolio unless you request otherwise in writing.
4. CLIENT ASSETS & DATA
You grant us permission to use submitted assets (logos, images, video, Shopify data) solely for the purpose of delivering your Services. We will not share your assets or customer data with any third party except where necessary to deliver your Services (e.g. uploading creatives to Meta Ads Manager).
Where we access your customer data through third-party platforms, we act as a data processor on your behalf. A Data Processing Agreement (DPA) is available on request.
5. FEES & PAYMENT
Fees are as agreed in your Service Agreement. We reserve the right to suspend Services if invoices remain unpaid beyond agreed payment terms. All ad spend is billed directly through your own platform accounts unless otherwise agreed in writing.
6. LIMITATION OF LIABILITY
Our total liability for any claim will not exceed fees paid by you in the three months prior to the claim. We are not liable for indirect losses, loss of profit, or loss of data. We do not guarantee specific advertising results, ROAS, or business outcomes — performance is subject to factors outside our control including platform algorithms and market conditions.
7. CONFIDENTIALITY
Both parties agree to keep confidential any sensitive or proprietary information received from the other party. This obligation survives termination for two years.
8. THIRD-PARTY PLATFORMS
We operate across Meta, TikTok, Shopify, and other third-party platforms on your behalf. We are not responsible for platform policy changes, outages, ad account restrictions, or any other third-party actions outside our control.
9. TERM & TERMINATION
Either party may terminate the engagement in accordance with the notice period in your Service Agreement (minimum 30 days where not specified). We may terminate immediately if you materially breach these Terms, engage in unlawful activity, or invoices remain unpaid. You remain liable for all fees due up to the date of termination.
10. GOVERNING LAW
These Terms are governed by the laws of England and Wales. For clients based in Australia, nothing here limits rights you may hold under the Australian Consumer Law. Any disputes will first be addressed through good-faith negotiation before legal proceedings.
11. CONTACT
Kinergy Media LTD, Pharmacy House, Drury Lane, Doncaster, DN11 9GA, United Kingdom
Email: ioan@kinergymedia.com — Website: https://kinergymedia.com