Terms of Service

"Client," "you," "your" — any individual or entity that engages Lithe Agency for Services.

"We," "us," "our" — Lithe Agency, CV Creative Digital Collective, based in Surabaya, Indonesia.

"Services" — all digital marketing, advertising management, social media management, content scheduling, and consulting services provided by Lithe Agency.

"Platforms" — third-party advertising and social media platforms including but not limited to Meta (Facebook & Instagram), TikTok, and Google Ads.

"Ad Account" — the advertising account(s) on any Platform that you authorize us to manage on your behalf.

Lithe Agency provides the following categories of Services:

• M Meta (Facebook & Instagram) Services: Advertising campaign management, ad creative strategy, audience targeting, budget optimization, organic profile management, and performance reporting.
• T TikTok Services: Advertising campaign management, organic profile data analysis, content scheduling (auto schedule post), audience engagement strategy, and performance reporting.
• G Google Ads Services: Search, Display, Shopping, and Video campaign management, keyword research, bid optimization, landing page recommendations, and performance reporting.

The specific scope, deliverables, and timelines for each engagement will be defined in a separate Service Agreement or Statement of Work ("SOW") agreed upon by both parties.

You agree to:

• Provide timely access to advertising accounts, social media profiles, and any required credentials for the Platforms.
• Ensure that all content, creatives, and materials provided to us do not infringe upon any third-party intellectual property rights.
• Comply with all applicable Platform advertising policies (Meta Advertising Standards, TikTok Advertising Policy, Google Ads Policies).
• Maintain sufficient funds in advertising accounts to cover ad spend as agreed.
• Review and approve deliverables, ad creatives, and campaign strategies within a reasonable timeframe.
• Designate a primary point of contact for communications regarding the Services.
• Notify us promptly of any changes to your business, products, or services that may affect the campaigns.

• Service Fees: Our management fees, pricing structure, and payment terms will be outlined in the Service Agreement or SOW for each engagement.
• Ad Spend: Advertising spend on Platforms is separate from management fees and is paid directly to the respective Platform. We are not responsible for ad spend billed by Platforms.
• Invoicing: Invoices will be issued according to the payment schedule defined in the Service Agreement. Unless otherwise specified, payment is due within 14 days of invoice date.
• Late Payments: Overdue invoices may incur a late fee of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
• Currency: All amounts are in Indonesian Rupiah (IDR) unless explicitly stated otherwise.
• Refunds: Management fees are non-refundable for Services already rendered. Refund eligibility for unused prepaid services will be evaluated on a case-by-case basis.

Client Content: All content, creatives, branding materials, and assets you provide to us remain your exclusive property. You grant us a limited, non-exclusive license to use such materials solely for the purpose of delivering the Services.

Agency Work Product: Campaign strategies, ad copy drafts, performance reports, and analytical insights created by Lithe Agency in the course of providing the Services are considered work product. Ownership and usage rights will be as specified in the Service Agreement.

Proprietary Tools: Any proprietary methodologies, tools, templates, or processes developed by Lithe Agency remain our exclusive intellectual property.

To the maximum extent permitted by applicable law:

• Lithe Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Services.
• Our total aggregate liability under any Service Agreement shall not exceed the total management fees paid by you to us during the twelve (12) months preceding the claim.
• We do not guarantee specific results, including but not limited to return on ad spend (ROAS), conversion rates, click-through rates, impressions, or any other performance metrics.
• We are not liable for changes in Platform algorithms, policies, or pricing that may affect campaign performance.
• Platform outages, ad account suspensions, or policy violations initiated by Platforms are beyond our control and do not constitute grounds for liability.

Both parties agree to keep confidential all non-public information received during the course of the engagement, including but not limited to business strategies, financial data, customer data, campaign performance data, and proprietary methodologies. This obligation survives termination of the Services for a period of two (2) years.

• You authorize us to access your advertising accounts and social media profiles solely for the purpose of delivering the agreed-upon Services.
• We implement reasonable security measures to protect your data, including secure credential storage, limited team access, and encrypted communications.
• Upon termination of Services, we will revoke our access to your accounts within a reasonable timeframe (typically 5 business days) and delete stored credentials.
• For details on how we handle your data, please refer to our Privacy Policy.

• By Either Party: Either party may terminate the Services with thirty (30) days' written notice.
• For Cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within fifteen (15) days of written notice.
• Effect of Termination: Upon termination, you remain responsible for all fees incurred for Services rendered up to the termination date. We will provide a final report and transfer account access as applicable.
• Outstanding Obligations: Provisions related to confidentiality, intellectual property, limitation of liability, and payment obligations survive termination.

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, acts of government, pandemics, internet outages, Platform failures, or other force majeure events.

These Terms are governed by the laws of the Republic of Indonesia. Any disputes arising from these Terms or the Services shall first be resolved through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to the exclusive jurisdiction of the courts in Surabaya, East Java, Indonesia.

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through a prominent notice on our website. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.