1. About TINOS and these Terms
Tinos Digital, LLC is a Delaware limited liability company located at 131 Continental Dr, Suite 305, Newark, DE 19713, United States. These Terms, the applicable proposal, order form, statement of work, invoice, or other written agreement (each, an “Order”), our Purchase Policy, and our Privacy Notice form the agreement between you and TINOS.
If an Order conflicts with these Terms, the Order controls for that engagement. The Purchase Policy controls for payment, balance, and refund matters.
2. Services
TINOS provides advertising account support, user acquisition, monetization, market intelligence, performance marketing, creative strategy and production, campaign operations, and related consulting services. The exact scope, deliverables, platforms, timetable, access requirements, and fees are defined in the applicable Order.
Advertising platforms and other third parties are independent from TINOS. They control their systems, approvals, account status, inventory, delivery, reporting, and policies. We do not guarantee that a platform will approve or continue to serve any account, campaign, advertisement, or content.
3. Eligibility and authority
You represent that you are at least 18 years old, have legal capacity to enter this agreement, and, if acting for an organization, have authority to bind it. You will provide accurate, current information and promptly update material changes.
You may not use the services if doing so would violate applicable law, sanctions, export controls, or obligations owed to another party.
4. Accounts, access, and security
You are responsible for protecting credentials, enabling reasonable security controls, limiting access to authorized users, and notifying us promptly of suspected unauthorized activity. You remain responsible for activity performed through credentials, advertising accounts, assets, or systems under your control.
You grant TINOS and its authorized personnel the access reasonably necessary to perform the services. You must not interfere with our systems, bypass security controls, scrape protected services, introduce malicious code, or use access for unlawful or competitive reverse-engineering purposes.
5. Advertising conduct and customer responsibilities
You are solely responsible for your products, offers, landing pages, claims, targeting instructions, customer data, and advertising materials that you provide or approve. You represent that they are accurate, lawful, properly substantiated, and do not infringe another party’s rights.
You will comply with applicable laws and each advertising platform’s terms, community standards, advertising policies, data-use rules, and restricted-content requirements. Prohibited activity includes fraud, deception, cloaking, malicious software, counterfeit goods, unlawful discrimination, unauthorized data use, and attempts to evade platform enforcement.
We may reject, pause, remove, or decline to submit content that we reasonably believe creates legal, security, reputational, payment, or platform-compliance risk.
6. Campaign decisions and platform actions
Unless an Order authorizes TINOS to act within agreed parameters, material budgets, claims, and creative are subject to your approval. You acknowledge that advertising performance depends on market conditions, platform systems, competition, product quality, pricing, tracking, and other factors outside our control.
TINOS is not liable for a third-party platform’s rejection, suspension, restriction, pricing change, outage, reporting adjustment, algorithm change, or closure of an account. We may assist with review or appeal but cannot promise a particular outcome.
7. Fees, advertising expenses, and taxes
You will pay all fees, approved advertising spend, taxes, and third-party charges stated in an Order. Prepaid advertising funds may be used only for the agreed services and platforms. Platform reports and later reconciliations may adjust the final spend attributed to your account.
Payment timing, eligible refunds, recurring charges, and chargeback handling are governed by the Purchase Policy. We may pause work or campaigns while invoices are overdue or funds are insufficient.
8. Compliance, fraud, and misuse
We may request identity, ownership, business, payment-source, product, or campaign information to meet legal, platform, fraud-prevention, and risk requirements. You agree to provide complete and accurate information within a reasonable time.
We may suspend or terminate services, preserve records, withhold funds where legally permitted, and cooperate with platforms or authorities if we reasonably suspect fraud, sanctions violations, money laundering, unauthorized payments, unlawful advertising, or material misuse.
9. Confidentiality
Each party may receive non-public business, technical, financial, campaign, or customer information from the other. The receiving party will use it only to perform or receive the services, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by appropriate obligations.
Confidential information does not include information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. A party may disclose information when legally required after giving notice where permitted.
10. Intellectual property and content
Each party retains ownership of materials, technology, trademarks, methods, and intellectual property it owned or developed independently of the engagement. You grant TINOS a limited license to use materials you provide solely to deliver the services.
Upon full payment, you receive the rights to final deliverables expressly stated in the Order. TINOS retains its pre-existing tools, templates, know-how, processes, and generalized learning, together with any third-party materials subject to their own licenses.
You will not use the TINOS name, marks, or materials except as expressly authorized. We will not publicly identify you as a customer without your permission.
11. Warranties and disclaimers
Each party warrants that it has authority to enter the agreement. TINOS will perform professional services with commercially reasonable care. Your exclusive remedy for a proven breach of that service warranty is re-performance of the affected service where reasonably possible.
Except as expressly stated, the services are provided “as is” and “as available.” To the maximum extent permitted by law, TINOS disclaims implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability. We do not guarantee spend levels, approvals, rankings, installs, revenue, ROAS, retention, or any other business result.
12. Indemnification
You will defend, indemnify, and hold harmless TINOS and its personnel from third-party claims, losses, and reasonable costs arising from your products, content, instructions, unlawful conduct, breach of these Terms, infringement of third-party rights, or violation of platform policies. TINOS will promptly notify you and allow reasonable control of the defense, subject to our right to participate.
13. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, data, or business opportunity, even if advised that such loss was possible.
TINOS’s aggregate liability arising from an engagement will not exceed the fees paid or payable to TINOS for the services giving rise to the claim during the twelve months before the event. This limit does not apply where liability cannot lawfully be limited. Advertising spend passed through to third-party platforms is not a fee paid to TINOS.
14. Term, suspension, and termination
These Terms apply while you access or use the services. Either party may terminate as provided in an Order. Either party may terminate for a material breach that remains uncured after reasonable written notice, or immediately when the breach cannot be cured, continued performance would be unlawful, or the other party becomes insolvent.
On termination, you must pay all accrued fees, committed spend, and third-party costs. Provisions that by their nature should survive—including payment, confidentiality, intellectual property, disclaimers, indemnification, liability limits, and dispute terms—will survive.
15. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil unrest, labor disruption, government action, internet or utility failure, cyberattack, epidemic, or failure of an advertising platform or other essential provider. Payment obligations for services already delivered are not excused.
16. General terms
These Terms and each Order are the entire agreement concerning their subject and replace prior discussions on that subject. A waiver must be in writing and applies only to the specific instance. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions continue in effect.
You may not assign the agreement without our prior written consent, except in connection with a merger or sale of substantially all relevant assets. TINOS may assign it to an affiliate or successor. The parties are independent contractors; nothing creates a partnership, agency, fiduciary relationship, or employment relationship.
17. Changes to these Terms
We may update these Terms to reflect changes in law, services, security practices, or platform requirements. We will post the revised version with a new update date and provide additional notice when required. Changes apply prospectively unless law requires otherwise.
18. Governing law and disputes
These Terms and any dispute arising from them are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
Before filing a claim, each party will make a good-faith effort for at least thirty days to resolve the dispute through written notice and direct discussion. Either party may seek urgent injunctive relief to protect confidential information, security, or intellectual property.
19. Notices and contact
Legal notices must be in writing and sent by email to hello@tinos.digital and, where formal delivery is required, to Tinos Digital, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. Notices to you may be sent to the contact information in your Order or account.