Terms & Conditions

1. Introduction

Welcome to Advertising Spire (“Company,” “we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your use of our website located at www.advertisingspire.com and the advertising, management, and consulting services provided by us (collectively, the “Services”).

By accessing our Site, booking a demo, or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

  • “Client” refers to any individual or business entity that engages Advertising Spire for Services.
  • “Services” refers to Amazon PPC management, Walmart PPC, listing optimization, DSP management, supply chain forecasting, commercial due diligence, and product validation.
  • “Ad Spend” refers to the budget paid directly to advertising platforms (e.g., Amazon Advertising, Walmart Connect) by the Client.

“Service Agreement” or “Statement of Work (SOW)” refers to the specific contract signed by the Client outlining the scope, fees, and duration of the project.

3. Scope of Services

Advertising Spire provides digital marketing and management services specifically tailored for e-commerce marketplaces.

  • Nature of Agency: We act as an independent contractor and third-party agency. We are not an employee of Amazon, Walmart, or any other marketplace.
  • Platform Compliance: While we strive to comply with all Terms of Service (TOS) of Amazon and Walmart, we do not control these platforms. We are not liable for account suspensions, restrictions, or policy changes enacted by these marketplaces.
  • Free Audit: Any “Free Audit” provided by us is for informational purposes only and does not constitute a binding agreement for future services.

4. Client Obligations

To allow us to perform the Services effectively, the Client agrees to:

  1. Access: Provide necessary access to Seller Central, Vendor Central, or other relevant advertising accounts.
  2. Accuracy: Provide accurate information regarding products, inventory levels, and business goals.
  3. Inventory: Maintain sufficient inventory levels. Advertising Spire is not responsible for wasted ad spend due to out-of-stock products unless specifically managed under a Supply Chain agreement.
  4. Approvals: Timely approval of creative content, keywords, and strategy adjustments.

5. Fees and Payment

  • Service Fees: Fees for our Services are outlined in your specific Service Agreement.
  • Ad Spend: The Client is solely responsible for paying all media costs and Ad Spend directly to the advertising platforms (e.g., Amazon). Advertising Spire fees are separate from and in addition to Ad Spend.
  • Invoicing: Invoices are due upon receipt unless otherwise specified in the Service Agreement.
  • Late Payments: We reserve the right to suspend work or pause campaigns if fees are not paid within the agreed timeframe.

6. Refund Policy and Guarantees

  • Satisfaction Guarantee: Any references to a “Satisfaction Guarantee” or “Money Back Guarantee” on our website are subject to the specific terms, conditions, and performance KPIs outlined in your individual Service Agreement.
  • No Blanket Refund: Unless explicitly stated in your signed Service Agreement, services are non-refundable once performed.
  • Performance Disclaimer: While we use data-driven strategies to aim for growth, specific results (such as exact ACOS, ROAS, or sales figures) cannot be guaranteed due to the dynamic nature of marketplaces.

7. Intellectual Property

  • Client IP: The Client retains ownership of their brand assets, product images, and trademarks.
  • Company IP: Advertising Spire retains ownership of our proprietary methodologies, data analysis tools, internal audits, and general advertising strategies used to manage your account.
  • Work Product: Upon full payment, the specific campaign structures and creative content created for the Client will be licensed to the Client for their use.

8. Confidentiality

Both parties agree to keep confidential all non-public information obtained during the engagement. This includes sales data, strategy documents, and pricing structures. We will not share your data with third parties except as necessary to perform the Services (e.g., sharing data with Amazon).

9. Limitation of Liability

To the fullest extent permitted by law, Advertising Spire shall not be liable for:

  • Indirect Damages: Any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or goodwill.

  • Platform Actions: Any damages resulting from suspension, banning, or restriction of your Amazon or Walmart account.

  • Third-Party Acts: Acts or omissions of third-party platforms or service providers.

 

Total Liability: In no event shall our total liability exceed the total amount of fees paid by the Client to Advertising Spire in the three (3) months preceding the claim.

10. Third-Party Links and Tools

Our Site may contain links to third-party websites or tools (e.g., Helium10, Amazon). We are not responsible for the content or privacy practices of these third parties. The use of “Discounted Tools” mentioned on our Site is subject to the terms of those specific tool providers.

11. Termination

  • Termination for Convenience: Either party may terminate the engagement by providing written notice as specified in the Service Agreement (typically 30 days).
  • Termination for Cause: We may terminate the agreement immediately if the Client breaches these Terms, fails to pay fees, or engages in unethical practices that violate marketplace policies.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts.

13. Contact Information

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

Advertising Spire