Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website located at https://utilityfare.com (the "Site") and any digital advertising and marketing services (the "Services") provided by UtilityFare, operated by Armin Skrijelj ("UtilityFare," "we," "us," or "our").
By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or Services.
1. Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or the business you represent. By using the Site or Services, you represent and warrant that you meet these requirements.
2. Services
UtilityFare provides digital advertising management services including but not limited to:
- Paid social media advertising (TikTok Ads, Meta Ads)
- Search engine advertising (Google Ads)
- Creative strategy and production consulting
- Analytics, attribution, and reporting
- Account audits and strategy consultations
The specific scope, deliverables, timelines, and fees for Services will be detailed in a separate written agreement or statement of work entered into between UtilityFare and the client.
3. Client Responsibilities
When engaging our Services, you agree to:
- Provide accurate, complete, and up-to-date information necessary for us to perform the Services
- Grant us authorized access to your advertising accounts on third-party platforms (TikTok, Meta, Google, etc.) as required to manage your campaigns
- Ensure that all products, services, and content you advertise comply with the policies of all applicable advertising platforms and applicable laws
- Comply with all applicable laws, regulations, and advertising platform policies
- Promptly review and approve creative materials and campaign strategies when requested
- Maintain your advertising account in good standing with the relevant platforms
4. Advertising Platform Compliance
You acknowledge that advertising campaigns are subject to the terms, policies, and guidelines of third-party advertising platforms including TikTok for Business, Meta Business Suite, and Google Ads. UtilityFare is not responsible for account suspensions, ad disapprovals, or other enforcement actions taken by advertising platforms. You are responsible for ensuring that your advertised products and services comply with all platform policies.
5. Fees and Payment
Service fees will be set forth in a separate written agreement. Ad spend is billed directly to your advertising accounts on the respective platforms and is separate from UtilityFare's management fees. All fees are due in accordance with the payment terms set out in your agreement. Late payments may incur interest charges as specified therein.
6. Intellectual Property
All content on the Site, including text, graphics, logos, and design elements, is the property of UtilityFare and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from Site content without our prior written consent.
Creative materials developed by UtilityFare for client campaigns remain the property of UtilityFare until full payment is received, at which point ownership transfers to the client as specified in the applicable service agreement.
7. Confidentiality
Both parties may have access to confidential information belonging to the other party in the course of the Services. Each party agrees to keep such information confidential and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of any service agreement.
8. Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SPECIFIC ADVERTISING RESULTS OR RETURN ON AD SPEND WILL BE ACHIEVED. ADVERTISING PERFORMANCE DEPENDS ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING MARKET CONDITIONS, PLATFORM ALGORITHMS, AND CLIENT-SUPPLIED CONTENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UTILITYFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SITE OR SERVICES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO UTILITYFARE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless UtilityFare and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your breach of these Terms, your violation of any advertising platform policies, or your advertised products or services.
11. Termination
Either party may terminate a service engagement in accordance with the terms of the applicable service agreement. We reserve the right to suspend or terminate access to the Site at any time, with or without notice, for any reason, including breach of these Terms.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or our Services shall be resolved by binding arbitration in Pinellas County, Florida, except that either party may seek injunctive relief in a court of competent jurisdiction.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will post the updated Terms on this page and update the "Last Updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
14. Entire Agreement
These Terms, together with any applicable service agreements, constitute the entire agreement between you and UtilityFare regarding the subject matter herein and supersede all prior communications and understandings.
15. Contact Us
If you have any questions about these Terms, please contact us:
UtilityFare
Armin Skrijelj
7901 4th St N Ste 300
St. Petersburg, FL 33702
Email: contact@utilityfare.com