Terms of Service

1. About these terms

These terms govern your use of https://loudgecko.com (the "website") and of any services provided by Loudgecko LLC ("loudgecko", "we", "us"), including our client console. Where we provide services under a separate signed agreement, proposal or statement of work, that agreement takes precedence over these terms if the two conflict.

2. Our services

We provide performance marketing services, including planning, building, managing and reporting on advertising campaigns on platforms such as Meta and Google. The scope, fees and deliverables for each engagement are set out in the proposal or statement of work agreed with you.

3. Your responsibilities

• Provide accurate information and timely access to the accounts, assets and approvals we need to deliver the services.
• Make sure that your products, landing pages and any materials you supply are lawful, that you hold the rights to them, and that they comply with the policies of the relevant advertising platforms.
• Keep your console login details confidential and tell us promptly about any unauthorised use.
• Pay advertising platform charges and our fees when they fall due.

4. Advertising spend and results

Media spend is paid to the advertising platforms, either directly by you or through us as agreed. Advertising platforms are operated by third parties and may change their policies, pricing, algorithms or availability at any time. While we work hard to improve your results, we cannot guarantee any particular level of performance, return on ad spend, sales or revenue, and any figures shown on this website are illustrative.

5. Fees and payment

Fees are as set out in your proposal. Unless agreed otherwise, invoices are payable within 14 days. We may suspend services if invoices remain unpaid after reasonable notice. Fees are exclusive of VAT and other applicable taxes.

6. Intellectual property

You keep ownership of your brand, content, data and ad accounts. Once paid for, you own the campaign materials we create specifically for you. We keep ownership of our pre-existing know-how, tools, templates and software, including the client console, which you may use only for the duration of our engagement. The content of this website belongs to us or our licensors.

7. Confidentiality

Each party will keep the other's confidential information secret and use it only for the purposes of the engagement, except where disclosure is required by law.

8. Data protection

We handle personal data as described in our Privacy Policy. Where we process personal data on your behalf, we do so as your processor under a data processing agreement.

9. Acceptable use

You must not misuse the website or console, including by attempting to gain unauthorised access, interfering with their operation, introducing malicious code or using them for any unlawful purpose.

10. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law. Subject to that, we are not liable for any loss of profit, revenue, business or goodwill, or for any indirect or consequential loss, and our total liability arising from an engagement is limited to the fees paid to us for that engagement in the 12 months before the claim arose. We are not responsible for the acts or omissions of advertising platforms or other third parties.

11. Term and termination

Unless your proposal says otherwise, engagements run month to month and either party may end them with 30 days' written notice. Either party may terminate immediately if the other materially breaches these terms and does not fix the breach within 14 days of notice. On termination you will pay for services delivered up to the end date, and we will hand back access to your accounts and assets.

12. Changes

We may update these terms from time to time. The current version will always be available on this page. Changes do not affect engagements already under way unless you agree to them.

13. Governing law

These terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

14. Contact

Questions about these terms? Email contact@loudgecko.com or call +44 7418 636877.