Legal

Terms & Conditions

Last updated: August 14, 2026

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AdsWick ("Company," "we," "us," or "our") governing your access to and use of our website at adswick.in and our marketing services (collectively, the "Services").

By accessing our website, submitting a contact form, signing a service agreement, or otherwise engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of our Services after changes constitutes acceptance of the updated Terms.

2. Our Services

AdsWick provides digital marketing services for ecommerce businesses, including but not limited to:

  • Paid media management (Meta Ads, Google Ads, TikTok Ads, Pinterest, Snapchat)
  • Creative production (video, static images, UGC content)
  • Conversion rate optimization (CRO) and landing page design
  • Email and SMS marketing strategy and execution
  • Influencer marketing and creator partnerships
  • Marketing strategy consulting and analytics reporting

2.1 Service Agreements

Specific services, deliverables, timelines, and performance expectations will be detailed in a separate Service Agreement or Statement of Work (SOW) executed between you and AdsWick. In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail.

2.2 No Guarantees

While we strive to deliver exceptional results, we do not guarantee specific outcomes, revenue figures, return on ad spend (ROAS), or conversion rates. Advertising performance depends on numerous factors outside our control, including market conditions, product-market fit, competition, and platform algorithm changes.

3. Client Obligations

To enable us to deliver effective Services, you agree to:

  • Provide timely access to necessary advertising accounts, analytics platforms, and ecommerce systems
  • Supply accurate and complete information about your business, products, target audience, and marketing history
  • Approve creative assets, campaign strategies, and budget allocations within reasonable timeframes
  • Maintain sufficient advertising account balances and payment methods
  • Ensure you have all necessary rights, licenses, and permissions for any materials you provide to us
  • Comply with all applicable advertising platform policies and terms of service
  • Designate a primary point of contact for communication and decision-making

Failure to meet these obligations may result in delays, additional fees, or termination of Services.

4. Fees & Payment

4.1 Fees

Our service fees are outlined in your Service Agreement or SOW. All fees are quoted in US Dollars (USD) unless otherwise specified. Fees do not include advertising spend, third-party platform fees, or costs for stock imagery, music licensing, or influencer payments unless explicitly stated.

4.2 Payment Terms

  • Monthly retainer fees are due in advance on the first business day of each month
  • One-time project fees are due 50% upfront and 50% upon completion, unless otherwise agreed
  • Late payments may incur a fee of 1.5% per month on the outstanding balance
  • Services may be suspended if payment is more than 7 days overdue

4.3 Refunds

All fees are non-refundable except as required by law or as explicitly stated in your Service Agreement. If you terminate Services mid-month, no prorated refunds will be issued for the current billing period.

4.4 Advertising Spend

You are solely responsible for all advertising spend charged directly by platforms (Meta, Google, TikTok, etc.) to your accounts. We do not handle or process advertising payments on your behalf unless explicitly agreed in writing.

5. Ad Accounts & Platform Access

5.1 Account Ownership

You retain full ownership of all advertising accounts, business manager accounts, and associated assets. We will never claim ownership of your accounts or create accounts in our name without your explicit consent.

5.2 Access & Permissions

You grant us limited access to your advertising and analytics accounts solely for the purpose of delivering Services. This access may include:

  • Admin or advertiser roles on Meta Business Manager
  • Standard or admin access to Google Ads and Google Analytics
  • Advertiser access to TikTok Ads Manager
  • Read/write access to email marketing platforms (Klaviyo, etc.)

5.3 Account Security

You are responsible for maintaining the security of your account credentials. We recommend enabling two-factor authentication on all accounts. We will not request your personal login passwords; all access should be granted through official platform invitation systems.

5.4 Post-Termination Access

Upon termination of Services, you agree to remove our access within 14 days. We may retain read-only access during an agreed transition period to ensure continuity and knowledge transfer.

6. Intellectual Property

6.1 Your Content

You retain all ownership rights to your trademarks, logos, brand assets, product images, and other materials you provide to us ("Client Content"). You grant us a limited, non-exclusive license to use Client Content solely for the purpose of delivering Services.

6.2 Our Work Product

Upon full payment of all fees, you will own the final deliverables we create specifically for you, including custom ad creatives, landing page designs, and email templates. However, we retain ownership of:

  • Our proprietary methodologies, frameworks, and internal tools
  • General templates, processes, and strategies not uniquely created for your brand
  • Aggregated and anonymized data and insights derived from multiple clients
  • Case studies and portfolio materials (subject to your approval for identifiable information)

6.3 Portfolio Rights

Unless you explicitly opt out in writing, we reserve the right to showcase anonymized or approved work in our portfolio, case studies, and marketing materials. We will never disclose sensitive business data, revenue figures, or strategic information without your written consent.

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information disclosed during the course of our engagement ("Confidential Information"). This includes but is not limited to:

  • Business strategies, financial data, and performance metrics
  • Customer lists, email lists, and audience data
  • Advertising account structures, bidding strategies, and campaign data
  • Product roadmaps, pricing strategies, and supplier information

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order.

Our confidentiality obligations survive termination of Services for a period of three (3) years.

8. Term & Termination

8.1 Term

The term of our engagement begins on the date specified in your Service Agreement and continues on a month-to-month basis unless otherwise specified.

8.2 Termination by Client

You may terminate Services at any time by providing at least 30 days written notice. Termination will be effective at the end of the then-current billing period. No refunds will be provided for prepaid fees.

8.3 Termination by AdsWick

We may terminate Services immediately if you:

  • Fail to pay fees when due after a 7-day grace period
  • Violate advertising platform policies in a manner that jeopardizes our standing
  • Provide false or misleading information
  • Engage in illegal, fraudulent, or unethical business practices
  • Fail to meet your obligations under Section 3 for an extended period

8.4 Effect of Termination

Upon termination: (a) all outstanding fees become immediately due; (b) we will deliver any completed work product; (c) both parties will return or destroy Confidential Information; and (d) our access to your accounts will be revoked per Section 5.4.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • ADSWICK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.
  • OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ADSWICK IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
  • WE ARE NOT RESPONSIBLE FOR PLATFORM SUSPENSIONS, ALGORITHM CHANGES, AD DISAPPROVALS, OR OTHER ACTIONS TAKEN BY THIRD-PARTY ADVERTISING PLATFORMS.

These limitations apply regardless of whether the claim is based in contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless AdsWick and our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms or any applicable law
  • Your infringement of any third-party rights, including intellectual property rights
  • Any content, products, or services you provide to end customers
  • Any claim that your products or services caused harm to a consumer

11. Dispute Resolution

11.1 Governing Law

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

11.2 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally through good-faith negotiation for at least 30 days.

11.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision shall be final and binding.

11.4 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any signed Service Agreement or SOW, constitute the entire agreement between you and AdsWick regarding our Services and supersede all prior agreements, understandings, and communications.

12.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

12.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service disruptions.

12.6 Notices

All notices under these Terms shall be in writing and delivered to the email addresses on file or to the physical addresses provided by the parties.

12.7 Independent Contractor

AdsWick is an independent contractor and nothing in these Terms shall be construed to create an employment, partnership, joint venture, or agency relationship between the parties.

13. Contact Us

If you have any questions about these Terms, please contact us:

These Terms and Conditions were last updated on August 14, 2026.