Terms of Service

1. Acceptance of Terms

By accessing or using Merqvia Digital's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Merqvia Digital.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

2. Description of Services

Merqvia Digital provides digital marketing services, including but not limited to:

• Search Arbitrage and traffic acquisition solutions
• Lead Generation campaigns and optimization
• E-commerce solutions and store optimization
• Performance Analytics and reporting
• Media Buying and strategic advertising
• SEO Optimization services
• Brand Protection and reputation management

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features of our services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

5. Payment Terms

Fees and Billing

You agree to pay all fees associated with the services you purchase. All fees are non-refundable unless otherwise stated in a separate written agreement.

• Prices are subject to change with reasonable notice
• Payment is due according to the billing terms specified in your service agreement
• Late payments may result in service suspension or termination
• You are responsible for all applicable taxes

Payment Methods

We accept various payment methods as specified during the checkout process. By providing payment information, you authorize us to charge the applicable fees to your selected payment method.

6. Intellectual Property Rights

Our Content

All content, features, and functionality of our services, including but not limited to text, graphics, logos, images, software, and designs, are owned by Merqvia Digital or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of any content you provide to us. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing our services.

Restrictions

You may not:

• Copy, modify, or distribute our content without authorization
• Use our trademarks or branding without written permission
• Reverse engineer or attempt to extract source code from our services
• Remove or alter any copyright, trademark, or proprietary notices

7. Prohibited Uses

You agree not to use our services for any unlawful or prohibited purpose. Specifically, you may not:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading practices
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our services
• Harvest or collect information about other users without consent
• Use our services to send spam or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any activity that could damage our reputation or business

8. Service Level and Availability

While we strive to provide reliable and uninterrupted services, we do not guarantee that our services will be available at all times or free from errors. We reserve the right to:

• Perform scheduled and emergency maintenance
• Modify or discontinue services without liability
• Limit or suspend access to services for technical or security reasons

We are not responsible for any loss or damage resulting from service interruptions, delays, or failures.

9. Third-Party Services and Links

Our services may contain links to third-party websites or integrate with third-party services. We are not responsible for:

• The content, privacy practices, or terms of third-party services
• Any damages or losses caused by your use of third-party services
• The availability or performance of third-party services

Your use of third-party services is subject to their respective terms and policies.

10. Disclaimers and Limitations of Liability

Disclaimer of Warranties

Limitation of Liability

To the maximum extent permitted by law, Merqvia Digital and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Business interruption

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Merqvia Digital and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or provide
• Your fraudulent or illegal activities

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship. This obligation continues even after termination of services.

Confidential information includes, but is not limited to:

• Business strategies and marketing plans
• Financial information and pricing
• Technical data and processes
• Customer lists and business relationships

13. Termination

Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of any payment obligations for services already rendered.

Termination by Us

We reserve the right to suspend or terminate your access to our services immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Conduct that harms our business or reputation

Effect of Termination

Upon termination, your right to use our services will immediately cease. We may delete your account and data without liability. Provisions that by their nature should survive termination will remain in effect.

14. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Good faith negotiations between the parties
• Mediation, if negotiations fail
• Binding arbitration or litigation in Hong Kong courts

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter into with us, constitute the entire agreement between you and Merqvia Digital.

Severability

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

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment

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

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, government actions, or technical failures.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Merqvia Digital
2/F Tower-1 Tern Center
237 Queen's Road Central
Sheung Wan, Hong Kong
Email: support@merqviadigital.com