TERMS OF SERVICE

Business Name: ClymbDigital

Address: Jilska 10, Prague, 11000, Czech Republic

Effective Date: July 20, 2025

1. ACCEPTANCE OF TERMS

By accessing https://clymbdigital.com, submitting any form, making any payment, or using our services, you ("Client" or "you") agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, discontinue use immediately.

2. SERVICES DESCRIPTION

Clymb Digital provides:

Lead Generation Services: Identifying and qualifying potential customers

Digital Marketing: Online advertising, social media marketing, and content creation

Marketing Automation: Implementing and managing automated marketing systems

Consulting Services: Strategic marketing advice and business growth consultation

3. CLIENT OBLIGATIONS

3.1 Accurate Information

You must provide accurate, complete, and current information for all services.

3.2 Compliance

You agree to:

Comply with all applicable laws and regulations

Not use our services for illegal, harmful, or unethical purposes

Respect intellectual property rights

Follow industry-specific regulations (CAN-SPAM, GDPR, etc.)

3.3 Content and Materials

You are responsible for:

Accuracy of provided content and materials

Obtaining necessary permissions for use of copyrighted materials

Ensuring compliance with advertising standards and regulations

4. PAYMENT TERMS

4.1 Fees and Billing

Services are billed according to agreed pricing schedules

Payment terms are net 30 days unless otherwise specified

Late payments may incur interest charges of 1.5% per month

All fees are non-refundable unless explicitly stated otherwise

4.2 Payment Processing

We use third-party payment processors

You authorize us to charge agreed fees to your designated payment method

Failed payments may result in service suspension

5. INTELLECTUAL PROPERTY

5.1 Our Property

Clymb Digital retains ownership of:

Proprietary methodologies, processes, and systems

Software, tools, and platforms developed by us

General knowledge and experience gained through service delivery

5.2 Client Property

You retain ownership of:

Your trademarks, logos, and brand materials

Pre-existing intellectual property provided to us

Customer lists and proprietary business information

5.3 Work Product

Campaign materials and creative assets: Ownership transfers upon full payment

Data and analytics: You receive usage rights, we retain aggregated insights

Custom software or tools: Ownership determined by specific agreement

6. CONFIDENTIALITY

6.1 Mutual Obligations

Both parties agree to:

Protect confidential information disclosed during the relationship

Use confidential information solely for service delivery purposes

Return or destroy confidential information upon request

6.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available or becomes public through no breach

Was known prior to disclosure

Is independently developed without use of confidential information

Must be disclosed by law or court order

7. SERVICE LEVEL AND PERFORMANCE

7.1 Best Efforts

We commit to providing services with professional skill and care but do not guarantee specific results or outcomes.

7.2 Third-Party Dependencies

Our performance may depend on third-party platforms (Google, Facebook, LinkedIn, etc.). We are not responsible for third-party changes, outages, or policy modifications.

7.3 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

8. WARRANTIES AND DISCLAIMERS

8.1 Limited Warranty

We warrant that services will be performed in a professional manner consistent with industry standards.

8.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES

WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE

WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICES

RESULTS AND OUTCOMES ARE NOT GUARANTEED

9. LIMITATION OF LIABILITY

9.1 Damages Cap

Our total liability for any claims shall not exceed the total fees paid by you in the 12 months preceding the claim.

9.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES

DATA LOSS OR CORRUPTION

THIRD-PARTY CLAIMS OR ACTIONS

9.3 Exceptions

Liability limitations do not apply to:

Gross negligence or willful misconduct

Death or personal injury caused by our negligence

Fraud or fraudulent misrepresentation

Violations that cannot be limited by law

10. INDEMNIFICATION

You agree to indemnify and hold harmless Clymb Digital from claims arising from:

Your breach of these terms

Your violation of applicable laws or regulations

Content or materials you provide

Your use of our services in an unauthorized manner

11. TERMINATION

11.1 Termination Rights

Either party may terminate:

With 30 days written notice for convenience

Immediately for material breach that remains uncured for 15 days after notice

Immediately for insolvency, bankruptcy, or cessation of business

11.2 Effect of Termination

Upon termination:

All unpaid fees become immediately due

Each party returns or destroys confidential information

Surviving provisions remain in effect

11.3 Surviving Provisions

The following survive termination:

Payment obligations

Intellectual property rights

Confidentiality obligations

Limitation of liability

Dispute resolution

12. DISPUTE RESOLUTION

12.1 Governing Law

These terms are governed by:

For EU/UK clients: Laws of Czech Republic

For US/Canadian clients: Laws of Delaware, United States

For Australian clients: Laws of New South Wales, Australia

12.2 Dispute Process

Direct Negotiation: 30-day good faith negotiation period

Mediation: Non-binding mediation if negotiation fails

Arbitration: Binding arbitration under applicable commercial arbitration rules

Jurisdiction: Courts in the governing law jurisdiction for enforcement

13. GENERAL PROVISIONS

13.1 Entire Agreement

These terms, along with our Privacy Policy and any signed service agreements, constitute the entire agreement between parties.

13.2 Amendments

Terms may only be modified by written agreement signed by both parties, except for Privacy Policy updates.

13.3 Severability

If any provision is deemed invalid, the remaining provisions remain in full force and effect.

13.4 Assignment

We may assign these terms in connection with a merger, acquisition, or sale of assets. You may not assign without our written consent.

13.5 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

13.6 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control.

14. CONTACT INFORMATION

For questions regarding these Terms of Service:

Email: [email protected]

Website: https://clymbdigital.com

Subject Line: "Terms of Service Inquiry"

BY SUBMITTING ANY FORM, MAKING ANY PAYMENT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY BOTH THIS PRIVACY POLICY AND TERMS OF SERVICE.