Terms of Service

These Terms of Service ("Terms") govern access to headbangermarketing.com, the Headbanger Marketing Meta developer app (App ID 2109348682993064), and related advertising-management and lead-routing services provided by Headbanger Marketing (collectively, the "Services").

By accessing or authorizing the Services, you agree to these Terms. If you use the Services for a business or organization, you confirm that you have authority to bind it. A separate written client agreement controls if it conflicts with these Terms.

1. The Services

The Services may allow Headbanger to create, manage, measure, and troubleshoot advertising campaigns and related assets, including campaigns, ad sets, advertisements, Pages, pixels, events, and instant forms. When authorized, the Services may also receive, validate, record, route, and report leads for a client.

Features depend on client instructions, account permissions, platform availability, and third-party approval. We may change, pause, or discontinue a feature when reasonably necessary for security, compliance, maintenance, or service delivery.

2. Account authority and access

You must provide accurate information and maintain lawful authority over every account, Page, advertising asset, dataset, creative, and resource you ask us to manage. You are responsible for:

• granting only the permissions required for the agreed work;
• keeping your own credentials and administrator access secure;
• removing access that is no longer authorized;
• notifying us of suspected misuse, compromise, or unauthorized changes; and
• ensuring instructions from your staff or representatives are authorized.

Do not send passwords, access tokens, or secret keys through ordinary email, lead forms, or support requests.

3. Client content, campaigns, and leads

You retain responsibility for the accuracy, legality, rights, offers, claims, products, services, and instructions supplied for a campaign. You confirm that you have the rights and permissions needed for content, trademarks, customer lists, lead data, images, and other materials you provide.

Clients are responsible for required consumer notices and consent for advertising, lead collection, calls, emails, and text messages. Clients must use lead information only for the disclosed business purpose and protect it from unauthorized access or disclosure.

Headbanger may refuse or suspend an instruction that appears unlawful, deceptive, unauthorized, technically unsafe, or inconsistent with platform rules.

4. Acceptable use

You must not use the Services to:

• violate a law, court order, contract, intellectual-property right, privacy right, or platform policy;
• create misleading, discriminatory, malicious, or fraudulent advertisements or content;
• collect, disclose, or use personal information without appropriate authority and notice;
• access an account or business asset you are not authorized to manage;
• transmit malware, interfere with systems, bypass security controls, or abuse an API; or
• resell, copy, reverse engineer, or exploit the Services except as expressly authorized.

5. Third-party platforms

The Services rely on Meta, Google, Cloudflare, Google Workspace, Brevo, Twilio, hosting providers, and automation services. Your use of those platforms remains subject to their terms, policies, approvals, billing, and technical limits.

Headbanger does not control third-party review decisions, account restrictions, outages, delivery, measurement, auction results, or policy changes. We do not guarantee that an advertisement will be approved, shown, or achieve a particular result.

6. Fees and advertising spend

Fees, budgets, payment terms, and advertising spend are governed by the applicable proposal, order, or client agreement. Advertising spend charged by a platform is separate from Headbanger's service fees unless the applicable agreement states otherwise.

7. Intellectual property

Each party keeps ownership of intellectual property it owned before the engagement. Clients retain their rights in client-provided brands, content, and business materials. Subject to payment and any separate agreement, rights in custom deliverables are governed by the applicable proposal or client agreement.

Headbanger retains its rights in pre-existing methods, software, templates, workflows, documentation, know-how, and general improvements. You grant Headbanger a limited right to use client materials only as needed to provide, secure, and support the Services.

8. Confidentiality and privacy

Each party must use reasonable care to protect confidential information received from the other and use it only for the applicable business relationship, unless disclosure is authorized or required by law.

Our handling of personal information is described in the Privacy Policy. Requests to delete information are described in the Data Deletion Instructions.

9. Availability and support

We use reasonable efforts to provide reliable Services, but availability may be interrupted by maintenance, security work, connectivity, third-party platforms, or events beyond our reasonable control. Unless a separate agreement says otherwise, no service level or uninterrupted availability is promised.

10. Suspension and termination

Either party may end an authorization or service as provided in the applicable client agreement. We may restrict access when reasonably necessary to protect people, accounts, systems, or data; comply with law or platform requirements; address non-payment; or investigate suspected misuse.

When access ends, we handle personal information according to the Privacy Policy, client instructions, and legal obligations. Removing Meta authorization may stop future access but does not automatically delete information already retained for a legitimate and permitted purpose.

11. Disclaimers

To the extent permitted by law, the Services are provided on an "as available" basis. We do not promise a particular advertising outcome, lead volume or quality, sales result, placement, approval decision, or uninterrupted third-party service.

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded.

12. Limitation of liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, or consequential loss, or for lost profit, revenue, opportunity, goodwill, or data arising from the Services.

This limitation does not apply where liability cannot lawfully be limited or to fraud, wilful misconduct, breach of confidentiality, infringement of the other party's intellectual property, or unauthorized use or disclosure of personal information. Any limitation in a signed client agreement takes priority.

13. Governing law

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law rules. Courts located in Ontario have jurisdiction, except where applicable law requires a different forum.

14. Changes to these Terms

We may update these Terms to reflect changes to the Services, platforms, or legal requirements. We will post the revised Terms here and update the effective date. Material changes may also be communicated through an appropriate additional notice.

15. Contact