Terms of Service

1. Acceptance of Terms

By accessing and using SS Marketing Agency ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement.

1.1 Electronic Acceptance

You may accept these Terms through various electronic means, including but not limited to:

• Clicking "I Agree" or similar buttons on our website or platform.
• Communicating your acceptance via Telegram, email, or other electronic channels.
• Using the Service after receiving these Terms.
• Making a payment for any SS Marketing Agency service.

All forms of electronic acceptance are legally binding. By communicating with us via Telegram or other channels and proceeding to use the Service, you confirm that you have read, understood, and agree to these Terms.

1.2 Nature of the Agreement

The Client (referred to as "Party A" or "You") agrees and acknowledges that the nature of this Agreement is a service supply contract for executing online technical and infrastructure work. SS Marketing Agency (referred to as "Party B" or "the Agency") is obligated only to ensure the technical advertising metrics explicitly agreed upon in writing or within the Contract Addendum (such as disbursed budget, impressions - CPM, clicks - CPC, or number of messages/leads).

2. Service Description

SS Marketing Agency provides digital advertising infrastructure and management services, including but not limited to:

• Advertising accounts on major platforms (Meta/Facebook, Google, TikTok, and others).
• Business Manager (BM) accounts and Facebook Pages (Fanpages).
• Browser environment and profile management solutions.
• Proxy and IP infrastructure.
• Payment processing and transaction reconciliation tools.
• Account monitoring and replacement services.

2.1 Our Role

SS Marketing Agency operates as a digital infrastructure provider. We provide the accounts, tools, and technical environment; you retain full control over your advertising content, targeting, and campaign strategy.

2.2 Resource Legitimacy

2.3 Scope of Responsibility

3. Account Eligibility & Verification

To use SS Marketing Agency services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.
• Have the legal capacity to enter into binding agreements.
• Provide accurate information about your business and intended use.
• If representing a business, have authority to bind that entity to these Terms.

3.1 Verification Through Available Channels

SS Marketing Agency may request reasonable verification of your identity and business through available communication channels (such as Telegram, email, or other platforms). This may include:

• Confirming your Telegram identity and contact information.
• Requesting information about your business activities and advertising goals.
• Asking for relevant business documentation if operating in restricted categories.

You agree to provide accurate information and cooperate with reasonable verification requests. Failure to do so may result in service suspension.

3.2 Account Security

You are responsible for maintaining the security of all account credentials, browser profiles, and infrastructure access provided by SS Marketing Agency. Any activity under your account is your responsibility.

4. Payment, Budget Incidents & Refund Policy

4.1 Payment Terms

Fees are charged based on your selected service plan. SS Marketing Agency accepts multiple payment methods including cryptocurrency. You are responsible for any applicable taxes in your jurisdiction.

4.2 Cryptocurrency Payments

SS Marketing Agency accepts cryptocurrency payments, including but not limited to USDT and other stablecoins. By making cryptocurrency payments, you acknowledge and agree that:

• All cryptocurrency transactions are final and irreversible once confirmed on the blockchain.
• You are solely responsible for ensuring the correct wallet address, network, and amount.
• SS Marketing Agency is not liable for funds sent to incorrect addresses or on incorrect networks.
• You are solely responsible for any tax obligations arising from cryptocurrency transactions in your jurisdiction.
• All funds used for payment originate from legitimate sources and comply with applicable anti-money laundering (AML) and counter-terrorism financing (CTF) laws.
• SS Marketing Agency may request documentation verifying the source of funds for large or unusual transactions.

4.3 Account Balance & Top-Ups

When you load funds into an advertising account through SS Marketing Agency, those funds are held in the respective platform's account and used for your advertising campaigns.

4.4 Handling of Budget Incidents & Platform Freezes

In the event that an advertising account is locked, restricted, or disabled by Meta (or any other platform) while a campaign is actively running, the budget shall be handled under the following strict provisions:

• Spent Budget: Any portion of the advertising budget that has already been loaded into the account and spent ("consumed") by the platform up to the exact moment of the account restriction must be fully borne by the Client. The Client has no right to demand a refund for spent amounts from SS Marketing Agency.
• Remaining Frozen Budget: For the remaining unused budget left inside the locked platform account, SS Marketing Agency will initiate standard appeal procedures to withdraw or transfer the funds. However, if the platform refuses to return or release those frozen funds due to its native network policies, this loss is mutually recognized as an objective market risk. In such a scenario, SS Marketing Agency is fully exempted from the responsibility of reimbursing or returning that specific frozen amount to the Client.

4.5 Refund Policy

• Service Termination: If you choose to stop using our services, we will refund 100% of any remaining recoverable unused balance in your advertising accounts within 7-14 business days.
• Technical Account Issues: If an account experiences technical problems or platform restrictions not caused by the Client's policy violations, any recoverable unused funds will be refunded.
• Platform Changes: If a platform introduces structural policy changes that completely prevent you from using the account as originally intended, recoverable unused balances will be refunded.

Refunds for cryptocurrency payments will be processed in the same cryptocurrency or equivalent value at the time of refund, at SS Marketing Agency's sole discretion.

4.6 Account Replacement Guarantee

• Transfer of Funds: Replacement accounts are provisioned as quickly as possible. Any recoverable unused balance from the restricted account will be transferred to the new account or refunded at your request.

4.7 Non-Refundable Items

The following items are strictly non-refundable:

• Service fees and subscription charges (monthly/annual infrastructure plans).
• Advertising spend that has already been consumed or used for active campaigns.
• Funds spent on campaigns that violated platform policies.
• Infrastructure access fees (browser profiles, proxy subscriptions) once they have been provisioned.

5. Client Responsibilities & Policy Compliance

5.1 Compliance with Platform Policies

You agree that all advertising campaigns run through SS Marketing Agency accounts will:

• Fully comply with the advertising policies of the respective platforms (Meta/Facebook, Google, TikTok, etc.).
• Comply with all applicable laws in the jurisdictions you target.
• Not infringe on any third-party intellectual property or trademark rights.

5.2 Proper Use of Infrastructure

All infrastructure provided by SS Marketing Agency must be used in accordance with these Terms. You acknowledge that:

• You are solely responsible for how you use and configure the infrastructure provided.
• Advertising platforms may restrict or terminate accounts at their sole discretion regardless of compliance.
• SS Marketing Agency does not guarantee that accounts will remain active indefinitely.
• You will not use our infrastructure to circumvent platform security measures for fraudulent purposes.

5.3 Prohibitions against Technical Interference & Delays

The Client's technical actions directly impact campaign performance. SS Marketing Agency is completely exempted from achieving any committed Key Performance Indicators (KPIs) or maintaining campaign schedules if:

• Unauthorized Technical Interference: The Client (or the Client's internal personnel) accesses the Ads Manager, Business Manager, or infrastructure directly to edit settings, modify budgets, alter target audiences, toggle campaigns on/off, or interfere with any technical configurations without prior written consent or explicit text confirmation from SS Marketing Agency's assigned account manager.
• Client Delays: The Client is slow to approve ad creatives (content, images, videos), delays providing essential marketing materials, assets, or account requirements, or fails to pay service fees and advertising budgets on time. Any downtime or campaign suspension resulting from Client-side delays will not be calculated toward SS Marketing Agency's operational timeline.

5.4 Exclusion of Business and Revenue Warranties

The Client understands and explicitly agrees that business outcomes depend on multiple external market variables. SS Marketing Agency gives absolutely no commitment or warranty regarding order closure rates, customer conversion rates, sales revenue, store turnover, business profits, or any final commercial results of the Client's business. The Client accepts that business results depend heavily on factors outside the Agency's control, including product/service quality, pricing structures, promotions, customer service/sales closing skills, and macro market fluctuations.

5.5 Legality of Content and Products

The Client bears sole and absolute legal responsibility before all state authorities, regulatory bodies, and third parties regarding intellectual property rights, brand copyrights, truthfulness, and absolute legality of all information, text, images, videos, products, services, and destination links (Landing Pages/Websites) provided to SS Marketing Agency to execute campaigns.

5.6 Restricted Categories

If you advertise in restricted categories such as gambling, financial services, pharmaceuticals, or alcohol, you warrant that you possess all necessary licenses and approvals required by the platform, targeted jurisdictions, and regulatory authorities. SS Marketing Agency relies entirely on your representation that you have obtained proper authorization.

5.7 Right to Review and Audit

We reserve the right to review, audit, or request information about your campaigns at any time to ensure compliance. This includes requesting copies of landing pages, ad creatives, or offers, and verifying licenses for restricted categories. You agree to cooperate promptly with any compliance review. Failure to cooperate may result in immediate service suspension or termination.

5.8 Notification Obligations

You must notify SS Marketing Agency immediately (within 24 hours) if you receive any legal notices, platform policy reviews, subpoenas, or regulatory inquiries regarding your advertising activities. Failure to notify us may result in immediate termination without refund.

5.9 Prohibited Activities

• Fraud, phishing, financial scams, or deceptive practices.
• Malware distribution, hacking, or infrastructure abuse.
• Content exploiting or endangering minors.
• Promotion of terrorism, violence, or hate speech.
• Money laundering or terrorist financing.
• Sale of illegal drugs, controlled substances, or human trafficking.
• Using our infrastructure for any activity that constitutes a crime under international law or local regulations.

6. Service Availability & Support

6.1 Uptime

We strive to maintain high service availability. However, we cannot guarantee uninterrupted access due to factors including platform maintenance, global technical issues, infrastructure updates, or circumstances beyond our control.

6.2 Customer Support & Incident Reporting

Our support team is available to assist with account setup, technical troubleshooting, balance transfers, and account replacements.

• Incident Reporting Window: In the event of a platform restriction, block, or technical failure, SS Marketing Agency is required to notify the Client, or the Client must notify the Agency, within 24 hours of discovering the incident via official communication channels to promptly execute technical remedies (appeals, account replacements, or campaign reconfigurations).

7. Termination

7.1 Termination by You

You may terminate your SS Marketing Agency account at any time by contacting support. Upon termination, all recoverable unused account balances will be refunded within 7-14 business days, and access to all infrastructure will be revoked.

7.2 Termination by SS Marketing Agency

We reserve the right to suspend or terminate your account if you violate these Terms, fail to meet payment obligations, engage in prohibited activities, or if your account poses an immediate technical risk to our infrastructure or other clients. In cases of termination for severe policy or legal violations, unused balances may be completely forfeited.

8. Limitation of Liability

8.1 Service Provided "As Is"

SS Marketing Agency services are provided on an "as is" basis. While we work to ensure quality, we cannot guarantee that accounts will never be restricted or that platforms will not change their internal policies.

8.2 Absolute Liability Cap

In the event of disputes, technical discrepancies, or proven subjective faults attributable directly to SS Marketing Agency that result in legal or financial liability, both Parties explicitly agree to a maximum liability cap:

• Maximum Cap: The total aggregate liability of SS Marketing Agency for any and all claims, damages, or contract violations shall be strictly limited to and shall not exceed 100% of the total service fees that the Agency actually received from the Client under the current service agreement during the six (6) months immediately preceding the claim.
• Exclusion of Platform Budget: This liability cap strictly excludes any direct advertising budgets paid or transferred directly to third-party ad networks (such as Meta/Facebook) to run live advertisements.

8.3 Complete Exclusions

SS Marketing Agency, its employees, and partners shall under no circumstances be held liable for:

• Loss of business opportunities, operational profits, expected turnovers, or anticipated commercial revenue.
• Third-party platform enforcement decisions, including sudden account bans, ad creative rejections, Business Manager restrictions, or Fanpage page unpublishing.
• Sudden changes to third-party platform algorithms, ad distribution mechanisms, bidding structures, or layout features.
• Indirect, consequential, special, incidental, or punitive damages arising from ad interruptions.
• Loss of data, local configurations, or custom browser profiles due to platform actions.
• Cryptocurrency price fluctuations or blockchain network failures.

9. Indemnification

• You commit and are solely responsible before the law, competent state agencies, and third parties for the intellectual property rights, brand copyrights, legality, and accuracy of all information, images, videos, articles, products, services, and landing page/website links that you provide to the Agency for the execution of advertising campaigns.
• SS Marketing Agency is exempt from all liability for compensation and shall not be subject to any penalties if the advertising campaign is stopped, removed, or the account is locked due to your advertising content or products/services violating Facebook's Advertising Policies or Vietnamese legal regulations (including the Advertising Law, Intellectual Property Law, Competition Law, etc.).

You agree to indemnify, defend, and hold harmless SS Marketing Agency, its corporate directors, employees, and partners from and against any and all claims, financial damages, administrative fines, or legal costs arising from:

• Your localized advertising content, creatives, landing pages, or active marketing campaigns.
• Your violation of third-party platform advertising policies or applicable laws.
• Infringement of any third-party intellectual property, trademark, or consumer privacy rights.
• Your use or technical misuse of SS Marketing Agency's infrastructure.
• Disputes with end-users, customers, or localized regulatory authorities.

Survival: This indemnification obligation remains in full effect even after your account is terminated or the service relationship ends.

10. Anti-Money Laundering & Financial Compliance

SS Marketing Agency is committed to preventing the use of our services for financial crimes.

10.1 Source of Funds

You warrant that all funds used through our services originate from legitimate sources. SS Marketing Agency may request documentation verifying the source of funds for large transactions or in cases of unusual activity.

10.2 Suspicious Activity Monitoring

If suspicious activity or unusual transaction patterns are detected, we may temporarily suspend your account pending review, decline or reverse transactions, and report the activities to relevant enforcement authorities as required by law.

10.3 Compliance with Sanctions

You warrant that you are not listed on any government sanctions list and that you will not conduct transactions involving sanctioned individuals, entities, or countries.

11. Data & Privacy

• Data We Collect: We collect account details, transaction records, and basic usage data necessary to maintain system stability. We do not access, harvest, or store the individual content of your advertising campaigns.
• Data Security: We utilize industry-standard encryption, strict access controls, and regular network audits to secure your database.
• Data Retention: We retain your account data for as long as your account is active and for a reasonable period thereafter as required for legal compliance.

12. Cooperation with Authorities

SS Marketing Agency will cooperate with law enforcement and regulatory authorities when legally required. This may include disclosing account information in response to a valid legal process.

Where legally permissible, we will notify you before disclosing your information.

13. Dispute Resolution

13.1 Informal Resolution

If a concern or dispute arises, the Client agrees to contact our support team first. Most operational issues and technical discrepancies can be resolved amicably through direct communication.

13.2 Arbitration

If we cannot resolve a dispute informally, it will be settled through binding arbitration rather than court litigation. The arbitration will be conducted in English, and the technical decision will be final and binding upon both parties.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email, Telegram, or through your account dashboard. Continued use of the service after changes take effect constitutes formal acceptance of the updated Terms. If you disagree with the changes, you may terminate your account and receive a refund of remaining recoverable unused balances.

15. General Provisions

15.1 Governing Law

These Terms are governed by, interpreted, and construed in accordance with the laws of the Socialist Republic of Vietnam (including but not limited to the Law on Advertising, Law on Intellectual Property, and Law on Competition).

15.2 Severability

If any specific provision of these Terms is found to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15.3 Force Majeure & Platform Disruption Exemptions

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control. In addition to natural disasters and government actions, both parties explicitly agree that the following events are classified as objective market risks and structural Force Majeure events that completely exempt SS Marketing Agency from contractual delay liabilities:

• Platform-wide global or regional ad distribution network errors or code crashes originating from Meta/Facebook.
• Undersea fiber-optic cable cuts, wide-area Internet data path disruptions, or severe local connectivity outages.
• Sudden, unannounced modifications to platform core algorithms, structural ad policy transformations, or changes in ad bidding/display systems.
• Massive blockchain network congestion, or sudden regulatory adjustments affecting cryptocurrency liquidity and transactions.

15.4 Assignment

You may not transfer or assign your account infrastructure access to a third party without our prior written consent. SS Marketing Agency may assign these Terms without restriction.