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Enterprise Agreement

Terms of Service

Effective Date: October 1, 2026•Last Updated: October 2026• Standard SaaS Agreement

Scope of Service

These Terms of Service (“Terms”) constitute a binding agreement between ExperiaGlobal Inc. (“ExperiaGlobal”) and the business entity or individual (“Client” or “Customer”) subscribing to or accessing the ExperiaGlobal Performance Marketing Intelligence Platform, API services, and associated analytical toolsets.

1. Provision of Platform & Access Rights

Subject to these Terms and the execution of an applicable Order Form or online subscription tier, ExperiaGlobal grants Client a non-exclusive, non-transferable, revocable right to access and utilize the ExperiaGlobal operating system for internal commercial growth marketing operations during the active subscription period.

2. Client Responsibilities & Ad Account Credentials

To enable cross-channel telemetry and attribution modeling, Client is responsible for:

  • Granting authorized API tokens and read/write permissions to ad platform accounts (Google Ads, Meta Ads Manager, TikTok For Business, YouTube, Amazon Advertising, etc.) as required for designated features.
  • Maintaining the confidentiality of platform user credentials and notifying ExperiaGlobal immediately upon any suspected breach.
  • Ensuring all marketing media, campaigns, and first-party customer signals comply with applicable advertising policies, consumer protection laws, and privacy regulations.

3. Intellectual Property Rights & Ownership

ExperiaGlobal Technology: ExperiaGlobal retains all exclusive rights, title, and interest in and to the platform, including proprietary incrementality algorithms, Shapley-Markov game-theory attribution models, synthetic control methodologies, UI layouts, documentation, software code, and diagnostic telemetry heuristics.

Customer Data: Client retains all ownership rights, title, and interest in their first-party transactional data, ad spend figures, and customer records. Client grants ExperiaGlobal a non-exclusive, worldwide license solely to process and analyze such data to deliver the contracted services.

4. Algorithmic Recommendations & Decision Disclaimers

ExperiaGlobal provides algorithmic optimization recommendations, budget reallocations, bid caps, and anomaly warnings based on statistical machine learning models. Unless Client has explicitly activated “Autonomous Execution Guardrails” with automated API writeback:

  • All final media spend allocations and creative distribution decisions remain under Client discretion and control.
  • Past return on ad spend (ROAS) and historical incrementality metrics do not guarantee identical future performance.
  • Ad network platform auction volatility, seasonal CPM swings, and external market shifts remain inherent risks of digital advertising.

5. Fees, Invoicing & Subscription Cycles

Fees for ExperiaGlobal are billed according to the agreed-upon tier (based on annualized media spend managed or fixed enterprise commitment) outlined in the Order Form. Unless otherwise specified:

  • Invoices are due net 30 days from date of issuance.
  • Subscriptions renew automatically for successive periods unless written notice of non-renewal is provided at least 30 days prior.
  • All fees are exclusive of applicable value-added, sales, or local withholding taxes.

6. Service Level Agreement (SLA) & Uptime

ExperiaGlobal targets a monthly platform availability of 99.9% for core data ingestion pipelines and API telemetry. Scheduled maintenance windows are announced at least 48 hours in advance and executed during off-peak weekend hours to prevent campaign reporting disruptions.

7. Confidentiality & Security

Each party agrees to hold the other party's Confidential Information (including campaign strategies, financial data, software architecture, and proprietary benchmarks) in strict confidence, exercising at least the same degree of care it exercises for its own confidential assets, and in no event less than reasonable care.

8. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, lost revenue, or business interruption). In no event shall ExperiaGlobal's aggregate liability arising out of or related to these Terms exceed the total fees paid by Client to ExperiaGlobal in the twelve (12) months preceding the incident giving rise to liability.

9. Term, Termination & Data Return

Either party may terminate these Terms for cause if the other party materially breaches any provision and fails to cure such breach within thirty (30) days of receiving written notice. Upon termination, Client access to the platform will cease, and ExperiaGlobal will, upon written request within 30 days, export Client transactional attribution reports in standard CSV or JSON format before permanent deletion from active database partitions.

10. Governing Law & Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law principles. Any dispute arising out of or related to these Terms shall be resolved via binding arbitration administered by JAMS in Wilmington, Delaware.

11. Legal Notices & Contact

Formal legal notices or contractual inquiries must be sent in writing to:

ExperiaGlobal Inc.
Attn: Legal Affairs & Enterprise Contracting