These Terms of Service (“Terms”) govern your use of debwillinc.com (the “Site”) and the services provided by Debwill Inc (“Debwill,” “we,” “us”), 3 S Newstead Ave, Saint Louis, MO 63108, USA. By using the Site or engaging our services, you agree to these Terms. If you engage us on behalf of a company, you represent that you are authorized to bind that company.
Debwill provides digital advertising management, customer acquisition, and marketing analytics services for business clients, primarily in the entertainment and e-commerce industries. The specific services, deliverables, timelines, and fees for each engagement are defined in a written proposal or statement of work (“SOW”) signed by both parties. In case of conflict between an SOW and these Terms, the SOW controls for that engagement.
Media budgets paid to advertising platforms (e.g., Google, Meta, TikTok) are separate from our service fees. Unless otherwise agreed in an SOW, clients pay platforms directly through their own advertising accounts. Amounts spent with third-party platforms are governed by those platforms’ terms and are not refundable by Debwill.
The client agrees to provide timely access to advertising accounts, analytics, brand assets, and approvals reasonably needed to deliver the services; to ensure that its products, offers, and landing pages comply with applicable law and platform policies; and to review and approve campaign materials before launch where approval is requested.
Upon full payment, deliverables created specifically for the client under an SOW (ad creative, copy, reports) are assigned to the client. Debwill retains ownership of its pre-existing materials, methodologies, tools, and templates, and grants the client a non-exclusive license to use them as embedded in deliverables. Advertising accounts, audiences, and campaign data remain the property of the client.
Each party agrees to protect the other’s non-public business information with at least the same care it uses for its own, and to use it only for purposes of the engagement. This obligation survives termination for 3 years. Debwill may reference the client’s name and general results in its portfolio unless the client opts out in writing.
Unless an SOW states otherwise, engagements run month-to-month and either party may terminate with 30 days’ written notice. Either party may terminate immediately for material breach not cured within 10 days of written notice. Upon termination, the client pays for services rendered through the effective date, and Debwill transfers all account access and work product for paid services.
Advertising outcomes depend on factors outside our control, including market conditions, platform algorithms, and the client’s products and pricing. Historical results and projections are illustrative only. Debwill does not guarantee any specific level of traffic, conversions, revenue, or return on ad spend.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, or punitive damages, or lost profits. Debwill’s total aggregate liability arising out of an engagement is limited to the service fees paid by the client in the 3 months preceding the claim. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct.
These Terms are governed by the laws of the State of Missouri, USA, without regard to conflict-of-law rules. The parties will first attempt to resolve any dispute informally by written notice; failing that, disputes will be resolved in the state or federal courts located in St. Louis, Missouri, and each party consents to their jurisdiction.
We may update these Terms from time to time. The “Last updated” date above reflects the latest revision. Continued use of the Site or services after changes take effect constitutes acceptance. Signed SOWs remain governed by the Terms in effect at signing unless both parties agree otherwise.
Debwill Inc · 3 S Newstead Ave, Saint Louis, MO 63108, USA
Email: info@debwillinc.com · Phone: +1 (989) 359-1192