These Terms of Service ("Terms") govern your access to and use of the website creacionesdigitales.com (the "Website") and any services provided by Creaciones Digitales ("we", "us", "our"). By accessing the Website or engaging our services, you agree to be bound by these Terms.
1. About Creaciones Digitales
Creaciones Digitales is a digital marketing firm registered in Ecuador. We provide paid search and paid social campaign management, attribution and conversion tracking implementation, multi-platform reporting, and related technical services to businesses primarily located in North America.
2. Use of the Website
The Website is provided for informational purposes and to facilitate communication with prospective and existing clients. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others. You may not:
- Attempt to gain unauthorized access to any part of the Website or its underlying systems.
- Use automated systems to scrape, harvest, or extract data from the Website beyond what is permitted by robots.txt.
- Use the Website to transmit malware, spam, or any malicious code.
- Misrepresent your identity or affiliation.
3. Service engagements
Any provision of services by Creaciones Digitales is subject to a separate written engagement agreement between us and the client. That agreement sets out the specific scope, deliverables, timelines, fees, payment terms, and confidentiality obligations applicable to the engagement. Nothing on this Website constitutes an offer to provide services; an engagement only arises upon execution of a written agreement by both parties.
4. Client responsibilities
- Providing accurate information and timely access to advertising accounts, analytics platforms, and CRM systems as required to deliver the services.
- Holding all necessary licenses, regulatory approvals, and rights to advertise the products or services being promoted.
- Reviewing campaign materials, ad copy, and creative assets before publication where review rights have been agreed.
- Paying invoices according to the payment terms specified in the engagement agreement.
- Maintaining the security of their own account credentials and ad platform access.
5. Third-party platforms
Our services involve the use of third-party advertising platforms, analytics tools, and software (including Google Ads, Google Analytics, Meta Ads, Yelp Ads, Reddit Ads, Nextdoor Ads, CallRail, and others). Use of these platforms is subject to their respective terms of service, which are entered into directly between the client and the platform. Creaciones Digitales is not responsible for outages, policy changes, account suspensions, or any other actions taken by these platforms.
6. Intellectual property
The Website, including its design, text, graphics, logos, and code, is the property of Creaciones Digitales or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Website without prior written permission.
For client engagements, ownership of campaign materials, ad creatives, and reporting deliverables is governed by the engagement agreement. Internal tools, methodologies, code, and infrastructure developed by Creaciones Digitales remain our exclusive property regardless of the engagement.
7. Confidentiality
We treat all client information, campaign data, account credentials, and business information as confidential. We do not disclose client identities or share campaign performance data with third parties except as required to deliver the services or as compelled by law. Detailed confidentiality terms are included in each engagement agreement.
8. Disclaimer of warranties
The Website and any informational content are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or free of harmful components.
For client engagements, we do not guarantee specific results from advertising campaigns. Advertising performance is influenced by factors outside of our control, including platform algorithm changes, market conditions, competitor activity, and the client's own product, pricing, and offer.
9. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Creaciones Digitales be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with the Website or our services. Our total aggregate liability for any claim arising out of or relating to our services shall not exceed the fees paid by the client to us in the three months preceding the event giving rise to the claim.
10. Indemnification
Clients agree to indemnify, defend, and hold harmless Creaciones Digitales, its officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of the client's breach of these Terms, the engagement agreement, applicable laws, or third-party rights, including the rights of any advertising platform.
11. Governing law and disputes
These Terms are governed by the laws of the Republic of Ecuador, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the use of the Website shall be resolved in the competent courts of Guayas, Ecuador, unless a separate engagement agreement specifies otherwise.
12. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the most recent changes were made. Continued use of the Website following any change constitutes acceptance of the updated Terms.
13. Contact
Creaciones Digitales
La Puntilla, Av. Principal No 310
Samborondón, Guayas, Ecuador 090401
Web: creacionesdigitales.com