Terms of Service
Effective Date: October 23rd, 2024
Welcome to Swimming Ads Marketing Ltda. (“Company,” “we,” “us,” or “our”), a company based in Brazil. By accessing or using our website, services, or engaging in any agreement with us, you agree to comply with and be bound by the following Terms of Service (“Terms”). These Terms govern your use of our website and services, which focus on providing marketing solutions to swim schools in the United States.
1. Services Provided
We specialize in offering marketing services, including but not limited to digital marketing, branding, social media management, paid advertising, and customer acquisition strategies, specifically tailored for swim schools in the U.S.
2. Eligibility
You must be at least 18 years old to engage our services or use our website. By using our services, you represent and warrant that you meet this age requirement and are acting on behalf of a business operating in the United States.
3. User Responsibilities
You agree to provide accurate and complete information when submitting inquiries or engaging our services. You are responsible for any actions taken on your account, ensuring that all use of our website and services complies with these Terms, U.S. laws, and any applicable international laws.
4. Payment Terms
Fees for our marketing services will be agreed upon in a separate written agreement before starting any work. All payments are due as specified in the agreement. Payment may be made in U.S. dollars or Brazilian reais, depending on the terms agreed. Late payments may result in suspension or termination of services. You agree to cover any outstanding balances upon the termination of the agreement.
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Additional Clause:
Upon termination of your contract with us, you are responsible for paying any outstanding fees related to services provided for customer acquisition or other marketing services that were previously agreed upon but not yet paid. This includes, but is not limited to, commissions, advertising costs, unpaid retainers, and any other fees outlined in the agreement.
5. Intellectual Property
All content, designs, logos, trademarks, and materials provided by us are our intellectual property or licensed to us. You may not use, reproduce, distribute, or create derivative works from any content without our explicit written permission.
6. Termination
We reserve the right to terminate or suspend services at our sole discretion, with or without notice, for any reason, including but not limited to a breach of these Terms. You are responsible for all charges incurred before termination, including any remaining or unpaid fees as outlined in the separate agreement.
7. Limitation of Liability
To the fullest extent permitted by applicable law, we are not liable for any damages resulting from the use of our services, including but not limited to loss of revenue, profits, or data, or other indirect, incidental, or consequential damages. This limitation of liability applies under both Brazilian and U.S. law where relevant.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of Brazil, while service delivery and customer-related matters may be subject to applicable U.S. laws. Any disputes arising under or related to these Terms will be resolved in the courts located in São Paulo, Brazil, and you consent to the jurisdiction of such courts.
9. Changes to the Terms
We reserve the right to update or change these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Continued use of our website and services constitutes acceptance of any updated Terms.
10. Contact Information
If you have any questions about these Terms, please contact us at swimad.mkt@gmail.com or through our contact form on the website.