Terms of Service

1. Acceptance of Terms

By accessing and using the services of XMAN ("we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service apply to all users of our website and clients who engage with our media buying, campaign optimization, and account management services.

If you do not agree to abide by the above, please do not use our services. Your continued use of our services constitutes acceptance of these terms.

2. Services Description

XMAN provides professional media buying and digital advertising services, including but not limited to:

• Account audits and strategy consultations for Google Ads, Meta Ads, and TikTok for Business
• Campaign optimization, management, and performance monitoring
• Creative performance analysis and UGC asset development
• Server-side tracking implementation (CAPI, GA4) and analytics setup
• ROAS improvement and CPA optimization services

Service scope, deliverables, timelines, and pricing will be specified in individual service agreements or statements of work (SOW) executed between XMAN and the client.

3. Client Responsibilities

To receive our services effectively, clients agree to:

• Provide accurate and complete account information, access credentials, and business data necessary for service delivery
• Grant XMAN appropriate access permissions to advertising accounts (Google Ads, Meta Business Manager, TikTok Ads Manager) as required
• Respond promptly to requests for approval, feedback, or information necessary for campaign execution
• Ensure compliance with advertising platform policies and applicable laws in their jurisdiction
• Maintain ownership and control of their advertising accounts at all times

4. Intellectual Property Rights

Client Content: All client-provided materials, including but not limited to logos, brand assets, creative content, and account data, remain the exclusive property of the client. XMAN will use such content solely for the purpose of delivering agreed-upon services.

XMAN Materials: All proprietary methodologies, strategies, reports, analytics frameworks, and tools developed by XMAN remain the intellectual property of XMAN. Clients receive a license to use deliverables created specifically for them, but may not reproduce, distribute, or resell XMAN's proprietary methodologies without written consent.

Third-Party Tools: Use of third-party platforms (Google Ads, Meta, TikTok) is subject to their respective terms of service and intellectual property policies.

5. Payment Terms

Payment terms will be specified in individual service agreements. Generally:

• Invoices are due within the timeframe specified in the service agreement (typically 14-30 days)
• Late payments may incur interest charges or result in suspension of services
• All fees are non-refundable unless otherwise stated in writing
• Client is responsible for any taxes, duties, or fees imposed by their jurisdiction
• Flexible billing options and multi-currency support are available upon request

6. Limitation of Liability

Performance Guarantees: While XMAN strives to improve campaign performance and ROAS, we cannot guarantee specific results, metrics, or outcomes. Advertising performance is influenced by numerous factors beyond our control, including market conditions, competition, product quality, landing page experience, and platform algorithm changes.

Liability Cap: To the maximum extent permitted by law, XMAN's total liability for any claims arising from or related to our services shall not exceed the total fees paid by the client to XMAN in the 12 months preceding the claim.

Excluded Damages: XMAN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, regardless of the theory of liability.

Platform Changes: XMAN is not responsible for changes to advertising platform policies, algorithms, or features that may impact campaign performance. We will make reasonable efforts to adapt strategies in response to such changes.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of the engagement. This includes:

• Account credentials and access information
• Business strategies, performance data, and financial information
• Proprietary methodologies and internal processes

Confidentiality obligations survive termination of the service agreement, except where disclosure is required by law or with prior written consent.

8. Termination

Termination by Client: Clients may terminate service agreements with written notice, subject to any minimum commitment periods specified in the agreement. Outstanding fees for services rendered remain due and payable.

Termination by XMAN: XMAN reserves the right to terminate services immediately in the event of:

• Non-payment of fees or breach of payment terms
• Violation of advertising platform policies or applicable laws
• Failure to provide necessary access or cooperation
• Material breach of these Terms of Service

Post-Termination: Upon termination, XMAN will provide a reasonable transition period to transfer account access and deliver final reports. Client remains responsible for all fees incurred up to the termination date.

9. Disclaimer of Warranties

OUR SERVICES ARE 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. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless XMAN and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Client's use of our services in violation of these Terms of Service
• Client's violation of any third-party rights, including intellectual property rights
• Client's violation of advertising platform policies or applicable laws
• Client-provided content that is false, misleading, or infringing

11. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, internet outages, platform downtime, or government actions.

12. Dispute Resolution

In the event of disputes, both parties agree to first attempt to resolve issues through good faith negotiation. If resolution cannot be reached within 30 days, disputes may be resolved through binding arbitration in accordance with applicable arbitration rules, or through the courts of the jurisdiction specified in the service agreement.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction specified in the individual service agreement, without regard to its conflict of law provisions. For global clients, the laws of England and Wales or New York, USA (as specified) shall apply.

14. Modifications to Terms

XMAN reserves the right to modify these Terms of Service at any time. Material changes will be communicated to active clients via email or through our website. Continued use of our services after modifications constitutes acceptance of the updated terms.

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with any executed service agreements or statements of work, constitute the entire agreement between the parties and supersede all prior communications, agreements, or understandings, whether oral or written.

17. Contact Information

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

Email: robert@xmanmobi.com
Website: www.xmanmobi.com