Terms of Service

1. Acceptance of Terms

By accessing and using the marketingpoint website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website located at marketingpoint.world (the "Service") operated by marketingpoint ("us", "we", or "our"). Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

2. Description of Services

marketingpoint provides comprehensive digital marketing solutions including but not limited to:

• Search engine optimization (SEO) services
• Pay-per-click (PPC) advertising management
• Social media marketing and management
• Content marketing strategy and creation
• Email marketing campaigns
• Web design and development
• Conversion rate optimization (CRO)
• Marketing analytics and reporting

3. User Accounts and Registration

To access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of marketingpoint and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All content created by marketingpoint as part of our services, including but not limited to marketing materials, website designs, written content, graphics, and code, shall remain the intellectual property of marketingpoint unless otherwise specified in a separate written agreement.

You retain ownership of any pre-existing intellectual property you provide to us. By providing materials to us, you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, perform, transmit, and distribute such material.

5. User-Generated Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

6. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
• Use a buying agent or purchasing agent to make purchases on the Service
• Use the Service to advertise or offer to sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein
• Engage in unauthorized framing of or linking to the Service
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services or submit false reports of abuse or misconduct
• Interfere with, disrupt, or create an undue burden on the Service or the networks or the services connected to the Service
• Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service
• Use the Service in a manner inconsistent with any applicable laws or regulations

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection, use, and disclosure of your personal information.

We are committed to protecting your personal data and ensuring compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other relevant privacy regulations.

When you use our Service, we may collect various types of information including but not limited to:

• Personal identification information (name, email address, phone number)
• Usage data and analytics
• Cookies and tracking technologies
• Marketing preferences and communication history
• Technical information about your device and browser

We use this information to provide and improve our services, communicate with you, comply with legal obligations, and enhance your experience with our platform.

8. Service Level and Availability

We strive to maintain high availability and performance of our Service. However, we do not guarantee uninterrupted or error-free operation of the Service. Scheduled maintenance, updates, and unforeseen technical issues may occasionally result in temporary service interruptions.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users. We will not be liable for any modification, price change, suspension, or discontinuance of the Service.

For clients with service level agreements (SLAs), specific uptime and performance commitments will be detailed in individual service contracts.

9. Payment Terms and Billing

Certain features of our Service may require payment. We will bill you for services on a recurring and periodic basis ("Subscription"). Your subscription will be automatically renewed at the end of each billing cycle unless you cancel your subscription or we terminate it.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You agree to promptly update account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

10. Marketing Services and Client Responsibilities

When you engage our marketing services, you agree to:

• Provide accurate and complete information about your business, products, and services
• Grant necessary permissions and access for campaign implementation
• Review and approve marketing materials before publication
• Comply with applicable advertising laws and regulations
• Maintain accurate tracking and analytics setup
• Provide timely feedback and communications

We reserve the right to refuse or discontinue services that we believe may violate applicable laws, regulations, or our ethical standards.

Campaign performance metrics and reporting will be provided according to the schedule specified in your service agreement. We strive to achieve agreed-upon KPIs, but cannot guarantee specific results due to factors beyond our control, including market conditions, competitor actions, and algorithm changes.

11. Limitation of Liability

In no event shall marketingpoint, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Our total liability to you for all damages arising out of or relating to the Service or these Terms shall not exceed the amount you have paid us in the twelve (12) months immediately preceding the event giving rise to liability, or one hundred dollars ($100), whichever is greater.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our Service.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and contact us to request account closure.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

13. Governing Law and Dispute Resolution

These Terms shall be interpreted and governed by the laws of the Czech Republic, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in Prague, Czech Republic, in accordance with the rules of the Czech Arbitration Court.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new Terms, please stop using the Service.

15. Contact Information

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

16. Miscellaneous

These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.

You agree that these Terms will not be construed against us by virtue of having drafted them.