Terms of Service

1. Acceptance of Terms

By accessing and using Arklabs Media's services ("we," "our," "Company" or "Arklabs"), including but not limited to digital advertising, design, strategic marketing, consulting, attribution and tracking, and related software (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, do not access or use our Services. These Terms constitute the entire agreement between you and Arklabs regarding the Services.

2. Description of Services

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

• Advertising Strategy: Marketing plan development, audience targeting, channel selection, and campaign design
• Design Services: Graphic design, brand development, visual content creation, and user interface design
• Digital Marketing: Paid campaign management, organic search optimization, social media marketing, and content marketing
• Consulting: Strategic advisory, market analysis, and international expansion recommendations
• Attribution and Tracking: Tracking pixel implementation, performance measurement, attribution analysis, and reporting
• Social Media Management: Account management, content publishing, engagement monitoring, and automation
• Software Platforms: Access to management tools, analytics dashboards, and collaboration platforms

3. Eligibility

You represent that:

• You are at least 18 years of age or an authorized business entity
• You have legal authority to enter into these Terms on your behalf or on behalf of your company
• You are not prohibited by law from using the Services
• You will provide accurate and complete information when requested

4. Client Responsibilities

As a client using our Services, you commit to:

• Legal Compliance: Comply with all applicable laws, regulations, and platform policies in using our Services
• Appropriate Content: Provide only lawful content that does not infringe third-party rights, is not defamatory, illegal, or inappropriate
• Consent: Obtain all necessary consents, permissions, and licenses for content provided
• Legitimate Use: Use the Services only for legitimate business purposes and professional ethics
• No Violations: Not violate the terms of service of third-party advertising platforms (Google, Meta, LinkedIn, etc.)
• Accurate Information: Provide accurate and current business, contact, and billing information
• Account Access: Keep credentials for access to advertising accounts and linked platforms secure
• Social Media Accounts: Ensure you have authority to grant access to social media accounts managed on your behalf

5. Prohibited Restrictions

You shall not:

• Use the Services to create, promote, or distribute illegal, fraudulent, or deceptive content
• Violate the advertising policies of any third-party platform (Google Ads, Meta Ads, etc.)
• Engage in spamming, phishing, malware, hacking, or any malicious activity
• Infringe third-party intellectual property rights, including trademarks, patents, or copyrights
• Create obscene, offensive, defamatory, or violent or discriminatory content
• Attempt to hack, interfere with, or disable Arklabs's systems or services
• Share access credentials with unauthorized third parties
• Reproduce, distribute, or transmit content from our Services without authorization
• Publish content on your social media accounts that violates platform policies or applicable laws

6. Intellectual Property

6.1 Arklabs Content

All original content developed by Arklabs, including strategies, analysis, reports, campaign designs, and documentation (collectively, "Arklabs Content"), remains the exclusive property of Arklabs Media or its licensors. You are granted a limited, non-transferable, read-only license to use this content only in connection with paid Services.

6.2 Client Content

You retain ownership of all content you provide to Arklabs Media for campaigns, including text, images, videos, and other materials ("Client Content"). By providing Client Content, you:

• Grant Arklabs Media a non-exclusive, worldwide, perpetual license to use, modify, and distribute the Client Content in connection with providing Services
• Represent and warrant that you own all necessary rights to such content
• Indemnify Arklabs from any third-party infringement claims

6.3 Derivative Works

Creative designs, strategies, and works developed specifically for you as part of the Services ("Derivative Works") are owned by Arklabs Media until the associated invoice has been paid in full. After full payment, ownership transfers to you. If you do not pay, Arklabs Media retains all rights.

7. Social Media Account Management

When you authorize Arklabs to manage your social media accounts:

• You grant Arklabs limited access to manage, post, and publish content as directed by you
• Arklabs acts as your agent and is not responsible for account termination or suspension by the platform
• You remain the account owner and are responsible for all content published
• You can revoke access at any time, after which Arklabs will no longer have permissions
• Arklabs will not access or modify account settings beyond scope of authorized services
• All content published will be as approved and directed by you

8. Automation and Workflow Processing

Our Services may include automated workflows for scheduling, publishing, and data processing. You understand that:

• Automation operates according to your specifications and configuration
• You can modify or disable automation features at any time
• Arklabs is not responsible for third-party platform changes that affect automated processes
• Automated content publishing requires your prior approval of content
• You are responsible for monitoring automated processes and results

9. Attribution and Tracking

As an advertising agency, Arklabs implements tracking pixels, cookies, attribution technology, and other measurement tools in campaigns. You understand and agree that:

• Tracking is essential to measure campaign performance and attribute conversions
• This data is collected in compliance with all applicable laws and platform policies
• Tracking data will be used for performance reporting, optimization, and ROI analysis
• You are responsible for disclosing tracking in your privacy policies
• Arklabs is not responsible for platform policy changes affecting tracking (Apple iOS updates, etc.)

10. Fees and Payment Terms

10.1 Fee Structure

Services are provided under the billing terms specified in your separate service agreement, proposal quote, or purchase order. Fees may include:

• Fixed fees for specific services
• Hourly rates for consulting or development work
• Performance-based commissions (when agreed)
• Reimbursable third-party expenses (paid advertising, tools, etc.)

10.2 Payment Terms

Invoices are issued as specified in your service agreement. Unless otherwise stated, payment is due within thirty (30) days of the invoice date. Payments must be made in the specified currency and via the agreed payment method.

10.3 Late Payments

Payments delayed thirty (30) days or more may incur:

• Monthly interest charges of 1.5% on outstanding balance
• Withholding of new or additional services
• Termination of ongoing services after written notice
• Recovery of legal and collection costs

10.4 Refunds

Unless specifically agreed otherwise in your service contract, all fees are non-refundable after services have commenced. Refunds for early termination, if any, will be calculated on a prorated basis and reduced by any expenses incurred.

11. Limitation of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ARKLABS PROVIDES THE SERVICES "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

ARKLABS SPECIFICALLY DISCLAIMS:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Services will operate without interruption, errors, or complete security
• Specific results, traffic levels, conversion rates, or return on investment
• That all security vulnerabilities will be detected or remedied

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKLABS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, EVEN IF ARKLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARKLABS'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR SERVICES IN THE PRECEDING TWELVE (12) MONTHS, OR $500, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Arklabs, its officers, directors, employees, and agents from any claim, damage, loss, or expense (including reasonable attorney's fees) arising from:

• Your use of the Services in violation of these Terms
• Your content or materials provided to Arklabs
• Violation of third-party rights by your content
• Breach of applicable laws or regulations
• Your negligence or unlawful conduct

14. Confidentiality

Both parties acknowledge that during the provision of Services, each party may have access to the other party's confidential information, including business strategies, client data, and financial information ("Confidential Information").

Each party commits to:

• Maintain the confidentiality of all Confidential Information
• Use Confidential Information only for purposes of the Services
• Restrict access only to employees who need to know it
• Implement reasonable security measures to protect information

Exceptions include information that is (a) publicly available, (b) already legitimately known, (c) required to be disclosed by law, or (d) independently developed.

15. Term and Termination

15.1 Term

The term of these Terms commences when you accept and continues while you use the Services, unless a different period is specified in your service agreement.

15.2 Termination for Convenience

Either party may terminate the Services at will with thirty (30) days' prior written notice. If you terminate for convenience, you remain responsible for fees for services already rendered and expenses incurred.

15.3 Termination for Breach

Arklabs may terminate the Services immediately without prior notice if you:

• Materially breach any term of these Terms or associated agreements
• Provide content that violates laws or third-party rights
• Fail to pay invoices within thirty (30) days after receiving breach notice
• Engage in fraudulent or illegal activity

15.4 Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• You are responsible for obtaining a copy of your data before termination
• Arklabs will revoke access to managed social media and platform accounts
• Arklabs may retain data as required by law or third-party service terms
• Provisions on indemnification, limitation of liability, confidentiality, and payment survive termination

16. Dispute Resolution

16.1 Dispute Notice

If you have a dispute with Arklabs, provide detailed written notice (address: Las Vegas, Nevada) describing the nature of the dispute, actions requested, and harm suffered. Arklabs will respond within fifteen (15) days.

16.2 Mediation

If the dispute is not resolved within thirty (30) days, both parties agree to attempt mediation before litigation. Mediation costs are split equally.

16.3 Arbitration

If mediation fails, any dispute shall be submitted to binding arbitration under the American Arbitration Association (AAA) Arbitration Rules. Arbitration shall be conducted in Las Vegas, Nevada, and governed by Nevada law.

16.4 Class Action Exclusion

You agree that any dispute shall be conducted on an individual basis, not as a class action or consolidated litigation against Arklabs.

17. Governing Law

These Terms are governed by the laws of the State of Nevada without regard to its conflict of law principles. Any legal action or proceeding shall be exclusively brought in the courts of Clark County, Nevada.

18. General Provisions

18.1 Entire Agreement

These Terms, together with your separate service agreement and any attachments, constitute the entire agreement between you and Arklabs regarding the Services.

18.2 Amendments

Arklabs reserves the right to modify these Terms at any time. Substantial modifications will be accompanied by written notice. Your continued use of the Services constitutes acceptance of the modified Terms.

18.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

18.4 Assignment

You may not assign these Terms without Arklabs's written consent. Arklabs may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.5 Notice

All notices required under these Terms must be in writing and delivered personally, by certified mail, or by email. Notices are effective when received.

19. Contact

For questions about these Terms of Service:

Arklabs Media
Las Vegas, Nevada
Email: legal@arklabsmedia.com
LinkedIn: linkedin.com/company/arklabs-media