Terms of Service

The following terms constitute a legally binding agreement governing the provision of advanced digital marketing services, data analytics solutions, and strategic consulting engagements. This framework establishes mutual obligations, delineates intellectual property considerations, and codifies performance expectations within the context of contemporary commercial relationships.

1. Scope of Engagement Architecture

Services rendered encompass comprehensive digital ecosystem optimization, including but not limited to: algorithmic media buying across programmatic channels, implementation of machine learning models for predictive analytics, development of attribution frameworks utilizing causal inference methodologies, and deployment of real-time optimization systems. Each engagement operates under specific statements of work (SOWs) that delineate deliverables, success metrics, and resource allocation parameters. The stochastic nature of market dynamics necessitates adaptive service delivery models, with continuous recalibration based on empirical performance data.

2. Intellectual Property Dynamics

Pre-existing intellectual property, including proprietary algorithms, methodological frameworks, and technical infrastructure, remains exclusively owned by Kessel Media Group. Client-specific implementations, custom models, and derivative works created during engagement periods constitute work product jointly owned, with usage rights allocated based on contractual specifications. Trade secrets, particularly those pertaining to optimization algorithms and bidding strategies, maintain perpetual confidentiality obligations extending beyond engagement termination. Open-source components integrated into deliverables remain subject to respective licensing frameworks, with appropriate attribution and compliance mechanisms.

3. Performance Guarantees and Liability Limitations

Given the probabilistic nature of marketing outcomes and dependence on exogenous market factors, performance projections represent statistical estimates rather than deterministic guarantees. Liability limitations reflect industry-standard caps tied to fees paid during preceding twelve-month periods. Consequential damages, including lost profits or reputational impacts, remain explicitly excluded from indemnification obligations. Force majeure provisions encompass algorithmic changes by platform providers, regulatory modifications affecting data collection practices, and macroeconomic disruptions impacting consumer behavior patterns.

4. Data Governance Protocols

Data processing activities comply with applicable privacy regulations including GDPR, CCPA, and emerging frameworks. Client data remains segregated through technical and organizational measures, with access controls implementing principle of least privilege. Anonymization and pseudonymization techniques preserve analytical capabilities while minimizing privacy risks. Data retention periods align with legitimate business purposes, with secure deletion protocols upon expiration. Cross-border data transfers utilize appropriate safeguards including standard contractual clauses and adequacy determinations.

5. Termination and Transition Provisions

Either party may terminate engagements with 30-day written notice, subject to completion of active campaign cycles and orderly transition of operations. Post-termination obligations include knowledge transfer sessions, documentation delivery, and platform access transitions. Survival clauses encompass confidentiality obligations, intellectual property provisions, and indemnification commitments. Fee reconciliation occurs within 45 days of termination, with pro-rated adjustments for partial service periods.