Falconics Terms & Conditions

Last Updated: March 12, 2025

1. Introduction

These Terms and Conditions (the “Agreement”) govern your purchase and/or use of Falconics’ (“we,” “us,” or “our”) marketing and advertising services (the “Services”). “You” and “your” refer to the individual or entity purchasing Services from Falconics, including any agents, employees, or representatives associated with that entity. By applying for or purchasing our Services, you agree to be bound by this Agreement and any additional, written agreements we may have with you.

1.1 Entire Agreement
This Agreement, together with any specific proposal or statement of work (SOW) you receive from us, comprises the complete understanding between Falconics and you. Unless otherwise explicitly agreed in writing by Falconics, this Agreement supersedes any prior written or oral agreements or understandings.

1.2 Revisions to Terms
Falconics reserves the right to modify or discontinue any provision of these Terms and Conditions, including but not limited to: services offered, pricing, or policies. We will notify you of material changes via email and/or by posting an updated version at www.falconics.com/terms. It is your responsibility to remain informed of any updates. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

2. Scope of Services

Falconics provides various marketing and advertising services, including but not limited to:

• Social Media Advertising (e.g., Facebook Ads, LinkedIn Ads, Organic Social Media)
• Search Engine Optimization (SEO)
• Search Engine Marketing (SEM) / Paid Search
• Content Marketing and Copywriting
• Marketing Consulting and Strategy

2.1 Acceptable Use
You agree to use our Services only for lawful purposes and in compliance with all applicable local, state/provincial, national, and international laws and regulations. You must not use the Services to create or distribute content that is defamatory, obscene, abusive, infringing, threatening, offensive, or otherwise objectionable. Falconics reserves the right to refuse, suspend, or cancel your Services if we reasonably believe that your use is unlawful or violates these Terms.

2.2 Prohibited Content and Activities
Falconics does not promote or assist with content that:

• Is sexually explicit or pornographic.
• Encourages hate speech or harassment toward any individual or group.
• Involves hacking, phishing, or other malicious activities.
• Violates intellectual property rights or any other rights of a third party.
• In any manner violates U.S. or foreign law.

If, at any time, Falconics becomes aware of content or activity that is objectionable or violates any part of this Agreement, we may immediately suspend or terminate the Services and, if required, disclose information to law enforcement or third parties.

3. Client Responsibilities & Intellectual Property

3.1 Client Materials
You are solely responsible for the accuracy, quality, and legality of any text, images, videos, or other materials (“Client Materials”) you provide to Falconics for use in campaigns or creative work. You agree that you have all necessary rights to such Client Materials and grant Falconics a limited license to use, reproduce, adapt, modify, and display these materials as needed to perform the Services.

3.2 Third-Party Platforms
Our Services may involve third-party platforms (e.g., Google Ads, Facebook Ads). Your use of these platforms may be subject to each platform’s terms and policies. You acknowledge that we have no control over the functionality, terms, or changes of these third-party platforms and are not liable for any disruption, suspension, or termination of your accounts on those platforms.

3.3 Ownership of Deliverables

• Falconics Materials: Any marketing assets, ad copy, designs, or other deliverables we create specifically for your campaigns become your property upon full payment of all fees due.
• Pre-Existing IP: Any code, processes, frameworks, documentation, or tools developed by Falconics prior to or outside of this Agreement remain our sole property. You receive a non-exclusive, non-transferable license to use such pre-existing intellectual property solely as integrated into the final deliverables for your campaigns.

4. Fees, Payment, and Term

4.1 Fees
You agree to pay all fees as indicated in the proposal, invoice, or SOW we provide. Fees may include set-up charges, monthly retainers, performance-based charges, or one-time project payments.

4.2 Payment Terms

• Invoices: We typically invoice monthly or per milestone, with due dates clearly stated on each invoice.
• Late Payment: Accounts not paid within thirty (30) days of the invoice date may be subject to suspension of Services. A late fee may apply.
• Automatic Billing: If agreed in writing, you may be enrolled in automatic billing for recurring services.

4.3 Refunds
All fees are non-refundable unless explicitly agreed upon in writing. We do not guarantee specific outcomes (e.g., top search rankings, a particular ROI, etc.), so refunds based on campaign performance are not provided.

4.4 Term and Renewal
If this Agreement or your SOW specifies a set term, Services will continue for that duration unless earlier terminated in accordance with these Terms. Upon expiration, services may automatically renew on a month-to-month basis unless either party provides written notice of non-renewal at least thirty (30) days prior to renewal.

5. Data Privacy & Confidentiality

5.1 Data Handling
Falconics may collect and process data on your behalf solely for the purpose of performing our Services. We commit to applying industry-standard practices to safeguard data and comply with applicable data protection laws (e.g., GDPR, if applicable). However, we are not liable for any breach occurring as a result of factors beyond our reasonable control (e.g., malicious third-party attacks).

5.2 Confidential Information
Both parties acknowledge that certain information may be deemed confidential, including proprietary business information, marketing strategies, and campaign performance data. Each party agrees to keep such information confidential, using it only for the purpose of fulfilling obligations under this Agreement, and not disclosing it to unauthorized third parties.

6. Performance Disclaimer

6.1 No Guarantee of Results
While Falconics commits to providing professional marketing services, we do not guarantee specific results such as top search engine rankings, guaranteed ROI, or any level of business performance. Market conditions, competition, platform changes, and other factors influence outcomes beyond our control.

7. Cancellation & Termination

7.1 Termination by Client
You may cancel your Services by providing written notice (email is acceptable) at least thirty (30) days in advance. No refunds will be provided for any prepaid but unused Services unless explicitly agreed upon in writing.

7.2 Termination by Falconics
Falconics reserves the right to suspend or terminate Services immediately, without prior notice, if you fail to comply with these Terms, including non-payment or suspected unlawful use of the Services.

7.3 Effect of Termination
Upon termination, Falconics will cease performing Services and may invoice you for any unpaid fees or expenses incurred up to the termination date. Any licenses granted to you under this Agreement for creative materials shall terminate if fees remain unpaid.

8. Limitation of Liability

To the fullest extent permitted by law, Falconics and its employees, officers, or contractors will not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of revenue or profits, business interruption, or loss of data, arising out of or related to the Services or this Agreement, even if advised of the possibility of such damages. Falconics’ total liability under this Agreement shall be limited to the fees you paid to us for the specific Service giving rise to the claim in the six (6) months preceding the date of the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Falconics, its affiliates, employees, and contractors from and against any and all claims, losses, liabilities, damages, expenses (including reasonable attorneys’ fees), or lawsuits arising out of or relating to:

1. Client Materials or content you provide.
2. Violation of Laws or third-party rights by you in connection with the Services.
3. Breach of this Agreement or any third-party platform’s policies.

10. General Provisions

10.1 Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the state/province/country in which Falconics is headquartered, without regard to conflict of law principles. Any disputes shall be resolved in the courts of that jurisdiction.

10.2 Severability
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be revised to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall remain in full force and effect.

10.3 Force Majeure
Neither party shall be liable for delays or failure in performance due to events outside its reasonable control, including acts of God, natural disasters, or power outages.

10.4 Assignment
You may not assign or transfer any rights under this Agreement without Falconics’ written consent. Falconics may assign or subcontract any portion of the Services at our discretion, provided that we remain responsible for our obligations under this Agreement.

10.5 Entire Agreement
This Agreement, and any other document expressly incorporated by reference, constitutes the entire understanding between you and Falconics relating to the Services and supersedes all prior or contemporaneous discussions, proposals, or agreements, whether written or oral.

10.6 Contact Information
For any questions or communications regarding this Agreement, please contact us:

• Email: legal@falconics.com
• Website: www.falconics.com

By using or purchasing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.