Terms of Service

1. Parties and Scope

These Terms of Service ("Terms") constitute a legally binding agreement between Tractive Digital ("we," "us," "our"), a digital marketing agency founded and operated by Sandeep Muley, and the individual or organisation ("Client," "you") engaging our services.

These Terms apply to all services provided by Tractive Digital, including campaign management, SEO, content marketing, email marketing, analytics, and access to or use of the Tractive.AI platform. Specific project terms, pricing, and deliverables are defined in separate Statements of Work or Service Agreements, which supplement and form part of these Terms.

2. Services Description

Tractive Digital provides performance marketing management services including but not limited to:

• Google Ads and PPC management — Campaign creation, optimisation, bid management, and reporting across Google Search, Performance Max, Demand Gen, Shopping, and Display networks.
• Meta Ads and paid social advertising — Campaign management across Meta (Facebook and Instagram), LinkedIn, and TikTok advertising platforms.
• Search Engine Optimisation (SEO) — Technical SEO, content strategy, on-page optimisation, and link acquisition services.
• Content marketing — Strategy, brief creation, AI-assisted content production, and editorial management.
• Email marketing automation — Flow design, broadcast campaign management, and ESP platform management (Klaviyo, HubSpot, ActiveCampaign).
• Analytics and reporting — GA4 setup and configuration, Looker Studio dashboard creation, conversion tracking implementation, and attribution modelling.
• Tractive.AI platform — Our proprietary campaign intelligence platform for data analysis, anomaly detection, bid optimisation, and automated reporting, provided as part of all client engagements.

The specific scope of services is defined in the applicable Statement of Work or Service Agreement. We reserve the right to modify or discontinue any service with reasonable notice.

3. Google Ads API Usage

Where Tractive Digital uses the Google Ads API to manage Client accounts, the following terms apply in addition to our Privacy Policy.

3.1 Authorisation and Access

Clients grant Tractive Digital access to their Google Ads accounts through Google's OAuth 2.0 authorisation protocol. By granting access, Clients authorise Tractive Digital to read, create, modify, and pause campaigns, ad groups, ads, keywords, budgets, and bidding strategies within the scope of agreed services. Clients may revoke access at any time via myaccount.google.com/permissions.

3.2 Permitted Use of API Data

Data accessed via the Google Ads API is used exclusively to provide agreed campaign management services. This includes:

• Creating and managing campaigns on the Client's behalf
• Analysing performance data to identify optimisation opportunities
• Generating reports and dashboards for Client review
• Detecting anomalies and alerting the Client to significant performance changes

Google Ads API data is never used for Tractive Digital's own advertising, sold to third parties, or used for any purpose beyond the agreed services. Our use of API data complies with the Google API Services User Data Policy, including the Limited Use requirements.

3.3 Client Responsibilities

Clients remain the account owner and are responsible for ensuring their Google Ads accounts comply with Google's advertising policies. Tractive Digital acts as an authorised third-party manager and is not liable for account suspensions or policy violations arising from the Client's own content, products, or prior account history.

3.4 Billing and Budget Responsibility

All Google Ads advertising spend is billed directly to the Client's Google Ads account and payment method. Tractive Digital does not hold Client advertising budgets and is not responsible for overspend arising from platform errors, automated bidding behaviour, or external factors beyond our control.

4. Client Obligations

Clients agree to:

• Provide accurate, complete, and lawful business information required to deliver the agreed services
• Ensure all products, services, and landing pages comply with applicable laws and platform policies
• Grant necessary access to platforms, accounts, and tools required to perform the services
• Respond to requests for information, approvals, or feedback within agreed timeframes
• Notify Tractive Digital promptly of any material changes to the business that may affect campaigns
• Maintain valid billing arrangements with advertising platforms throughout the engagement
• Not use services provided by Tractive Digital for any unlawful purpose or in violation of any platform's terms of service

5. Data Processing and Ownership

5.1 Client Data Ownership

All campaign data, creative assets, audience data, and performance data associated with Client advertising accounts remain the property of the Client. Upon termination, Clients retain full ownership of and access to their advertising accounts and all associated data.

5.2 Data Processing

Where Tractive Digital processes personal data on behalf of a Client, we act as data processor and the Client acts as data controller. Each party agrees to comply with applicable data protection legislation, including GDPR and the Digital Personal Data Protection Act 2023 (India). A Data Processing Agreement is available on request.

5.3 Tractive.AI Platform Data

Campaign data processed through Tractive.AI is used solely to provide the agreed services. Aggregated, anonymised performance insights may be used to improve the platform, but individual Client data is never shared with other clients or third parties. Full details are in our Privacy Policy.

6. Intellectual Property

6.1 Client IP

All trademarks, brand assets, creative materials, and content provided by the Client remain the intellectual property of the Client. Tractive Digital is granted a limited licence to use these materials solely for the purpose of delivering agreed services.

6.2 Tractive Digital IP

The Tractive.AI platform, its algorithms, methodologies, dashboards, templates, and proprietary processes remain the exclusive intellectual property of Tractive Digital. Clients are granted access as part of the service engagement but do not acquire ownership or licence rights beyond what is necessary to receive the agreed services.

6.3 Deliverables

Ad copy, content, reports, and other deliverables created specifically for a Client as part of a paid engagement become the Client's property upon full payment of applicable fees, unless otherwise agreed in writing.

7. Payment Terms

Payment terms, retainer amounts, and project fees are specified in the applicable Statement of Work or Service Agreement. Unless otherwise agreed:

• Monthly retainer invoices are issued at the start of each calendar month and are due within 14 days of the invoice date
• Project-based work requires a 50% deposit before work commences, with the balance due upon completion
• Late payments may incur interest at 1.5% per month on the outstanding balance
• Advertising platform spend is billed directly by the platform to the Client and is separate from Tractive Digital's management fees
• All fees are exclusive of applicable taxes unless stated otherwise

Tractive Digital reserves the right to pause services if invoices remain unpaid beyond 30 days of the due date, without liability for campaign performance impact during the pause period.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the services, and to use it only for the purpose of performing or receiving those services.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party at disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order.

This obligation survives termination of the engagement for a period of 3 years.

9. Warranties and Disclaimers

Tractive Digital warrants that it will perform services with reasonable skill and care in accordance with generally accepted industry standards.

We do not warrant or guarantee specific campaign performance outcomes, including but not limited to: cost per lead, cost per acquisition, return on ad spend, ranking positions, traffic volumes, or revenue results. Digital advertising performance is influenced by numerous factors outside our control, including platform algorithm changes, market competition, landing page performance, and product-market fit.

The Tractive.AI platform is provided on an "as is" basis. While we take all reasonable steps to ensure uptime and accuracy, we do not warrant that the platform will be error-free or uninterrupted.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Tractive Digital's total liability for any claim shall not exceed the total fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim
• Tractive Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or loss of business opportunity
• Tractive Digital is not liable for advertising spend losses resulting from platform changes, account suspensions, fraud, or events outside our reasonable control

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

11. Termination

11.1 Termination by Either Party

Either party may terminate the engagement by providing 30 days' written notice, unless a different notice period is specified in the applicable Statement of Work. During the notice period, services continue and fees remain payable.

11.2 Termination for Cause

Either party may terminate immediately if the other party: (a) commits a material breach and fails to remedy it within 14 days of written notice; (b) becomes insolvent or enters administration; or (c) engages in fraudulent, illegal, or grossly negligent conduct.

11.3 Effect of Termination

Upon termination, Tractive Digital will: (a) cease all services; (b) provide the Client with access to all deliverables paid for; (c) revoke API access to Client accounts; and (d) return or delete Client Confidential Information as instructed. Outstanding invoices remain due and payable.

12. Governing Law and Disputes

These Terms are governed by the laws of India. Any dispute shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Nagpur, Maharashtra.

For Clients based outside India, we will work in good faith to agree a mutually acceptable jurisdiction appropriate to the Client's location.

13. Changes to These Terms

We reserve the right to update these Terms at any time. Material changes will be communicated to active Clients by email with at least 14 days' notice. Continued use of our services after the effective date constitutes acceptance of the new Terms.

The most current version is always available at tractivedigital.com/terms-of-service.

14. Contact

For questions about these Terms, please contact us: