Terms of Service

1. Agreement and Acceptance

By accessing, browsing, or using the EnlightenAction Studio website (enlightenaction.com) or engaging our digital marketing services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

These Terms constitute a legally binding agreement between you and EnlightenAction Studio. 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 such entity to these Terms.

2. Company Information

Business Name: EnlightenAction Studio

Website: enlightenaction.com

Address: Unit 308, 3/F., Chevalier House, 45-51 Chatham Road South, Tsim Sha Tsui, Hong Kong

Email: info@enlightenaction.com

Services: Digital Marketing Studio specializing in Google Ads, TikTok Ads, Facebook Ads, and Game App Optimization

3. Services Description

EnlightenAction Studio provides specialized digital marketing services including but not limited to:

All services are provided on a professional basis with industry-standard practices and methodologies. Specific service details, deliverables, and timelines will be outlined in separate service agreements or statements of work.

4. User Responsibilities and Conduct

Acceptable Use

When using our website or services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes
• Respect intellectual property rights
• Comply with all applicable laws and regulations
• Provide necessary permissions and access for service delivery

Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any platform policies (Google, Facebook, TikTok, etc.)
• Engage in fraudulent or deceptive practices
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our services
• Harass, abuse, or harm other users or our staff
• Violate advertising platform terms of service

5. Service Agreements and Partnerships

Service Engagement Process

Our service engagement typically follows this process:

1. Initial Consultation: Discussion of your needs and goals
2. Proposal Development: Custom strategy and pricing proposal
3. Agreement Execution: Formal service agreement or statement of work
4. Campaign Setup: Implementation and configuration
5. Ongoing Management: Monitoring, optimization, and reporting

Partnership Terms

For partnership opportunities:

• All partnerships require separate written agreements
• Revenue sharing terms will be clearly defined
• Intellectual property ownership will be specified
• Performance metrics and goals will be established
• Termination procedures will be outlined

Client Obligations

To ensure successful service delivery, clients must:

• Provide timely access to necessary accounts and platforms
• Supply required assets (creative materials, product information)
• Approve campaigns and changes in a timely manner
• Maintain compliance with platform policies
• Pay invoices according to agreed terms

6. Payment Terms and Billing

Pricing Structure

Our services are typically priced using one of the following models:

• Percentage of Ad Spend: 15-25% of monthly advertising budget
• Monthly Retainer: Fixed monthly fee for ongoing services
• Performance-Based: Base fee plus performance incentives
• Project-Based: One-time fee for specific deliverables

Billing and Payment

• Invoices are typically issued monthly in advance
• Payment terms are Net 30 days unless otherwise specified
• Late payments may incur fees and service suspension
• Ad spend budgets are managed separately and billed directly by platforms
• Refunds are handled on a case-by-case basis according to service agreements

Expenses and Third-Party Costs

Additional costs may include:

• Platform advertising spend (Google, Facebook, TikTok)
• Third-party tools and software subscriptions
• Creative asset development costs
• Travel expenses (if applicable)

7. Intellectual Property Rights

Our Intellectual Property

EnlightenAction Studio retains ownership of:

• Our proprietary methodologies and processes
• Marketing strategies and campaign templates
• Software tools and automation systems
• Training materials and documentation
• Website content, logos, and branding

Client Intellectual Property

Clients retain ownership of:

• Brand names, trademarks, and logos
• Product information and descriptions
• Existing creative assets and content
• Customer data and business information

Work Product and Deliverables

For work created during our engagement:

• Custom creative assets become client property upon full payment
• Campaign data and insights are shared with clients
• Generic strategies and methodologies remain our property
• Account structures and configurations transfer to client upon engagement end

8. Confidentiality and Data Protection

Confidential Information

Both parties agree to maintain confidentiality of:

• Business strategies and proprietary information
• Customer data and marketing insights
• Financial information and performance metrics
• Technical implementations and configurations
• Any information marked as confidential

Data Protection Compliance

We are committed to data protection compliance including:

• GDPR (General Data Protection Regulation)
• CCPA (California Consumer Privacy Act)
• PIPEDA (Personal Information Protection and Electronic Documents Act)
• Other applicable data protection laws

For detailed information about data handling, please refer to our Privacy Policy and Cookie Policy.

9. Disclaimers and Limitations of Liability

Service Disclaimers

Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount paid for services in the preceding 12 months
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for platform policy violations by clients
• Force majeure events excuse performance delays
• Claims must be brought within one year of the incident

Platform Dependencies

Our services depend on third-party platforms (Google, Facebook, TikTok, etc.). We are not responsible for:

• Platform downtime or technical issues
• Policy changes that affect campaign delivery
• Account suspensions due to client actions
• Platform fee changes or billing issues

10. Termination

Termination by Either Party

Either party may terminate services with:

• 30 days written notice for ongoing monthly services
• Immediate termination for material breach of terms
• Immediate termination for non-payment
• Completion of project-based work

Effects of Termination

Upon termination:

• All outstanding invoices become immediately due
• Access to accounts and data will be provided for transition
• Confidentiality obligations continue indefinitely
• Work in progress will be completed or transitioned
• Final reporting will be provided within 30 days

Data and Account Transfer

We will assist with:

• Transferring account ownership back to client
• Providing final campaign data and reports
• Documenting account structures and configurations
• Reasonable transition support (fees may apply for extensive support)

11. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of Hong Kong Special Administrative Region, without regard to conflict of law principles.

Dispute Resolution Process

1. Direct Negotiation: Parties will attempt to resolve disputes through good faith negotiation
2. Mediation: If negotiation fails, disputes will be submitted to mediation
3. Arbitration: Unresolved disputes will be settled through binding arbitration in Hong Kong
4. Legal Action: Court proceedings only if arbitration is unavailable

Jurisdiction

Any legal proceedings shall be conducted in the courts of Hong Kong SAR, and both parties consent to the jurisdiction of such courts.

12. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any signed service agreements, constitute the entire agreement between the parties and supersede all prior communications and proposals.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

Neither party will be liable for delays or failures in performance resulting from acts beyond their reasonable control, including natural disasters, government actions, or technical failures.

Notice

Notices under these Terms must be in writing and delivered to:

• Email: info@enlightenaction.com
• Address: Unit 308, 3/F., Chevalier House, 45-51 Chatham Road South, Tsim Sha Tsui, Hong Kong

13. Contact Information

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