Please read these Terms of Service ("Terms") carefully before using the services provided by GASPAR Digital ("Company", "we", "us", or "our"). These Terms constitute a legally binding agreement between you ("Client", "you", or "your") and the Company.
1. Acceptance of Terms
By accessing our website, engaging our services, or signing any proposal, agreement, or statement of work with GASPAR Digital, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not engage our services or access our website.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Use of Services
GASPAR Digital provides Google Ads management, campaign strategy, optimization, reporting, and related digital advertising services (the "Services"). You agree to use the Services only for lawful purposes and in accordance with all applicable local, state, national, and international laws and regulations.
You agree not to:
- Use the Services in any manner that could disable, overburden, impair, or compromise the security of our systems or third-party platforms;
- Provide false, inaccurate, or misleading information in connection with your advertising campaigns or account access;
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems or networks connected to the Services;
- Use the Services to promote content that violates Google Ads policies, applicable law, or third-party rights;
- Resell, sublicense, or redistribute the Services without prior written consent.
The scope of Services provided to each Client is defined in the applicable proposal, statement of work, or service agreement executed between the parties.
3. Intellectual Property
All content, branding, methodologies, templates, reports, dashboards, software, and materials developed or provided by GASPAR Digital, excluding Client-provided assets, remain the exclusive intellectual property of the Company. This includes, but is not limited to, proprietary campaign frameworks, optimization strategies, analytical models, and documentation.
The Client retains all rights to its own trademarks, logos, marketing assets, data, and content provided to the Company for the purpose of delivering the Services. By providing such materials, the Client grants GASPAR Digital a non-exclusive, royalty-free license to use, reproduce, and display them solely for the purpose of providing the contracted Services.
Upon full payment of all outstanding fees, the Client shall receive a limited license to use the final deliverables produced specifically for its campaigns. Underlying tools, frameworks, and proprietary methodologies remain the property of GASPAR Digital.
4. User Responsibilities
To enable GASPAR Digital to perform the Services effectively, the Client agrees to:
- Provide timely and accurate access to relevant advertising accounts, analytics platforms, and website resources;
- Supply accurate information regarding products, services, target audiences, budgets, and business objectives;
- Respond to requests for approval, feedback, or clarification within reasonable timeframes;
- Maintain the confidentiality and security of any credentials shared with the Company;
- Ensure that all content and landing pages comply with Google Ads policies and applicable laws;
- Notify the Company promptly of any changes that may affect the delivery or performance of the Services.
GASPAR Digital is not responsible for delays, underperformance, or campaign disapprovals resulting from the Client's failure to meet these responsibilities.
5. Payment Terms
Fees for the Services are specified in the applicable proposal or service agreement. Unless otherwise stated, invoices are issued monthly in advance and are payable within the period indicated on the invoice, typically fifteen (15) days from the invoice date.
Late payments may result in a suspension of Services, including the pausing of active campaigns, without prior notice. The Client remains responsible for any advertising spend incurred through Google Ads or other platforms, which is billed directly by the respective platform and is separate from the Company's management fees.
All fees are non-refundable except where explicitly stated in writing. Taxes, where applicable, shall be added to invoices in accordance with local regulations.
The Company reserves the right to adjust its fees upon written notice provided at least thirty (30) days before the effective date of the change.
6. Disclaimers
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, GASPAR Digital disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not guarantee any specific results, including but not limited to click-through rates, conversion rates, return on ad spend, revenue, or lead volume. Advertising performance is influenced by numerous factors outside the Company's control, including market conditions, competitor activity, platform algorithms, and the quality of the Client's offerings and landing pages.
The Client acknowledges that Google and other advertising platforms may modify their policies, algorithms, or features at any time, and that such changes may impact campaign performance independently of the Company's efforts.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall GASPAR Digital, its owners, employees, partners, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or related to the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory.
The total aggregate liability of the Company for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by the Client to the Company during the three (3) months immediately preceding the event giving rise to the claim.
The Client is solely responsible for maintaining backups of its data and for monitoring the performance of its advertising campaigns. The Company shall not be liable for any loss of data resulting from platform changes, account suspensions, or access issues beyond its reasonable control.
8. Termination
Either party may terminate the Services by providing written notice in accordance with the notice period specified in the applicable service agreement, or, where none is specified, with a minimum of thirty (30) days' written notice.
GASPAR Digital may suspend or terminate the Services immediately, without prior notice, in the event of:
- Non-payment of invoices beyond the agreed payment period;
- Breach of these Terms or the applicable service agreement;
- Conduct that exposes the Company or its partners to legal liability or reputational harm;
- Account suspension or ban by Google or other advertising platforms due to Client conduct.
Upon termination, the Client shall pay all outstanding fees for Services rendered up to the effective date of termination. Fees paid in advance are non-refundable unless otherwise stated in writing.
Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to sections regarding Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of the city of Belo Horizonte, State of Minas Gerais, Brazil, with the express waiver of any other forum, however privileged it may be.
10. Changes to Terms
GASPAR Digital reserves the right to modify these Terms at any time. When material changes are made, the Company will update the "Last updated" date at the top of this page and, where appropriate, notify Clients by email or through the Company's communication channels.
Continued use of the Services after the effective date of any revised Terms constitutes the Client's acceptance of the updated Terms. It is the Client's responsibility to review these Terms periodically.
11. Contact
If you have any questions, concerns, or requests regarding these Terms of Service, please contact GASPAR Digital using the information below.
GASPAR Digital
CNPJ: 66.463.565/0001-13
Address: R MINISTRO GUSTAVO CAPANEMA 57, ANDAR 02 SALA 40
Belo Horizonte - MG, Brazil