1. Agreement to Terms
By accessing or using the services provided by Agami Media LLC ("Agami Media," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access our services.
2. Description of Services
Agami Media provides performance marketing and digital advertising services including but not limited to:
- Mobile app user acquisition campaigns
- Connected TV (CTV) advertising
- Programmatic advertising solutions
- Brandformance marketing strategies
- Video advertising campaigns (Fluence Market)
- Data analytics and campaign optimization
- Cross-platform marketing solutions
3. Client Obligations
As a client of Agami Media, you agree to:
- Provide accurate and complete information about your business and advertising needs
- Ensure all advertising content complies with applicable laws and regulations
- Maintain necessary rights and licenses for all creative assets provided
- Pay all fees according to agreed payment terms
- Comply with platform-specific advertising policies
- Cooperate in campaign setup and optimization processes
- Promptly respond to requests for information or approvals
4. Advertising Standards
All advertising campaigns must:
- Be truthful and not misleading
- Comply with all applicable laws in target jurisdictions
- Respect intellectual property rights
- Not promote illegal activities or harmful content
- Meet industry standards for appropriate content
- Adhere to platform-specific content guidelines
- Include required disclosures and disclaimers
5. Campaign Management
5.1 Campaign Setup
- Campaigns are subject to platform approval processes
- Setup timelines depend on campaign complexity and platform requirements
- Client approval required for final campaign configurations
5.2 Performance and Optimization
- We employ data-driven optimization strategies
- Campaign adjustments made to improve performance
- No guarantee of specific results or metrics
- Performance subject to market conditions and competition
5.3 Reporting
- Regular performance reports provided as agreed
- Custom reporting available upon request
- Data accuracy subject to platform reporting capabilities
6. Fees and Payment
6.1 Service Fees
- Fees determined based on agreed service packages
- Media spend billed separately from service fees
- Additional services may incur extra charges
6.2 Payment Terms
- Payment terms specified in individual agreements
- Late payments subject to interest charges
- Services may be suspended for non-payment
- All fees exclusive of applicable taxes
6.3 Refunds
- Media spend subject to platform refund policies
- Service fees generally non-refundable
- Disputes must be raised within 30 days
7. Intellectual Property
7.1 Agami Media Property
- All proprietary technology, methodologies, and processes
- Campaign strategies and optimization techniques
- Reports, analytics, and insights (excluding client data)
- Agami Media brand and marketing materials
7.2 Client Property
- Client retains ownership of brand assets
- Creative materials provided by client
- Client-specific data and information
7.3 License Grants
- Client grants license to use materials for campaign purposes
- License includes right to modify for optimization
- Rights terminate upon service conclusion
8. Confidentiality
Both parties agree to:
- Maintain strict confidentiality of proprietary information
- Use confidential information only for intended purposes
- Implement reasonable security measures
- Return or destroy confidential information upon termination
- Exclude publicly available information from confidentiality
9. Data Protection
- All data handling subject to our Privacy Policy
- Compliance with applicable data protection laws
- Client responsible for lawful data collection
- Data security measures implemented
- Breach notification procedures in place
10. Limitation of Liability
10.1 Disclaimer
- Services provided "as is" without warranties
- No guarantee of uninterrupted service
- Results dependent on various external factors
10.2 Liability Cap
- Total liability limited to fees paid in preceding 12 months
- No liability for indirect or consequential damages
- Exclusions may not apply in some jurisdictions
11. Indemnification
Client agrees to indemnify Agami Media against:
- Claims arising from client's advertising content
- Violations of third-party rights
- Breach of these Terms or applicable laws
- Inaccurate information provided by client
- Unauthorized use of our services
12. Term and Termination
12.1 Term
- Terms effective upon service commencement
- Continue until terminated by either party
12.2 Termination
- Either party may terminate with written notice
- Immediate termination for material breach
- Ongoing campaigns subject to completion
- Post-termination obligations survive
13. Dispute Resolution
13.1 Informal Resolution
- Good faith efforts to resolve disputes
- Direct communication between parties
- Escalation to senior management
13.2 Formal Proceedings
- Binding arbitration for unresolved disputes
- Arbitration in [Insert Location]
- Each party bears own costs
- Judgment enforceable in any court
14. General Provisions
14.1 Entire Agreement
- These Terms constitute entire agreement
- Supersedes prior understandings
- Amendments require written consent
14.2 Severability
- Invalid provisions severed
- Remainder of Terms continues
- Reformation to achieve intent
14.3 Force Majeure
- No liability for circumstances beyond control
- Includes platform outages and policy changes
- Reasonable efforts to minimize impact
14.4 Assignment
- Client may not assign without consent
- Agami Media may assign to affiliates
- Terms binding on successors
15. International Operations
Given our global presence, additional considerations:
- Compliance with local advertising laws
- Currency conversion at prevailing rates
- Time zones for service delivery
- Regional platform variations
16. Platform-Specific Terms
Services subject to terms of advertising platforms including:
- Google Ads policies
- Meta advertising terms
- App store guidelines
- Connected TV platform requirements
- Programmatic exchange rules
17. Modifications
- We may update Terms with notice
- Material changes require consent
- Continued use implies acceptance
- Previous versions available upon request
18. Contact Information
For questions about these Terms:
Agami Media LLC
Email: contact@agami-media.com
Website: agami-media.com
