Terms of Service

By accessing this website or engaging MetricPulse Media ("we", "us") for services, you agree to these Terms of Service. If you do not accept them, do not use the site or our services. Where a signed statement of work or master services agreement exists, that document governs in the event of a conflict with these terms.

We provide paid media management, search engine optimization, conversion rate optimization, lifecycle marketing, analytics engineering, and related advisory services. The specific deliverables, timelines, fees, and performance targets for any engagement are defined in a written statement of work. Nothing on this website constitutes an offer or a guarantee of specific results.

• Provide timely access to advertising accounts, analytics properties, websites, and other systems required to deliver the services.
• Supply accurate information, brand assets, and approvals, and hold all necessary rights to materials provided to us.
• Ensure that advertised products, claims, offers, and landing pages comply with applicable law in [Jurisdiction] and with each advertising platform's policies.
• Maintain lawful notice and consent mechanisms for any tracking or personal data processing we implement on your instruction.

Fees are set out in the applicable statement of work and are invoiced in advance of each service period unless otherwise agreed. Media spend is paid directly by the client to the relevant advertising platform and is not included in our fees. Invoices are due within [Payment Terms] days. Overdue amounts may accrue interest at the rate permitted by law in [Jurisdiction], and we may suspend services on written notice while amounts remain outstanding. Fees exclude taxes, which are the client's responsibility.

Retainer engagements begin with an initial term of ninety (90) days and continue month to month thereafter. Either party may terminate for convenience with thirty (30) days written notice effective at the end of a billing period, or immediately for material breach that remains uncured for fifteen (15) days after written notice. On termination, fees for work performed through the effective date remain payable, and we will provide a reasonable handover of documentation and account access.

Deliverables created specifically for a client transfer to that client upon full payment. We retain ownership of our pre-existing methodologies, frameworks, templates, dashboards, internal tooling, and know-how, and grant the client a non-exclusive licence to use them as embedded in the deliverables. Website content, branding, and materials published on this site remain our property.

Each party will protect the other's confidential information with at least reasonable care, use it only to perform under the agreement, and disclose it only to personnel and advisers with a need to know. These obligations survive termination for [Confidentiality Period] years, and indefinitely for trade secrets to the extent permitted in [Jurisdiction].

Our services depend on third-party platforms including Google Ads, Meta, TikTok, and analytics providers. We are not responsible for platform outages, policy changes, account suspensions, algorithm updates, data discrepancies, or pricing changes outside our control, provided we have acted with reasonable professional care.

Marketing outcomes depend on factors including product-market fit, pricing, competition, seasonality, and platform behaviour. We do not warrant specific rankings, traffic volume, conversion rates, return on ad spend, or revenue. Forecasts and projections are estimates only.

We warrant that services will be performed in a professional and workmanlike manner. To the maximum extent permitted by law in [Jurisdiction], all other warranties, express or implied, including merchantability and fitness for a particular purpose, are disclaimed. This website is provided "as is" without warranty of any kind.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our aggregate liability arising out of or related to an engagement is limited to the total fees paid by the client to us in the [Liability Period] months preceding the event giving rise to the claim. Nothing limits liability that cannot be limited under the law of [Jurisdiction].

The client will indemnify and hold us harmless against third-party claims arising from client-provided materials, product claims, or instructions that infringe intellectual property rights or breach applicable law or platform policies, except to the extent caused by our negligence or wilful misconduct.

These terms are governed by the laws of [Jurisdiction], without regard to conflict of law rules. The parties will attempt good-faith resolution for thirty (30) days before commencing proceedings. Any dispute not resolved will be subject to the exclusive jurisdiction of the courts of [Jurisdiction], or to [Arbitration Body] arbitration if the parties so elect in writing.

These terms, together with any statement of work, constitute the entire agreement between the parties. If a provision is held unenforceable, the remainder continues in effect. Failure to enforce a provision is not a waiver. Neither party may assign the agreement without consent, except to a successor in interest. We may update these terms and will post the revised version with a new effective date. Questions may be sent to hello@mindstacks.online.