Terms ofService

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Markave entities:

If you do not agree to these Terms, you must not access or use our services. We reserve the right to modify these Terms at any time. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.

Markave provides comprehensive digital marketing services, including but not limited to:

2.1 Service Agreements

Specific services are governed by separate service agreements, statements of work (SOW), or proposals that outline the scope, deliverables, timelines, and fees. In case of any conflict between these Terms and a specific service agreement, the service agreement shall prevail.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice for any material changes that affect ongoing service agreements.

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3.2 Account Responsibilities

If you create an account with us, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Accept responsibility for all activities under your account

3.3 Prohibited Conduct

You agree not to:

3.4 Client Cooperation

For our services to be effective, you agree to provide timely feedback, necessary materials, access credentials, and accurate information as requested. Delays in providing these may affect project timelines and deliverables.

4.1 Markave's Intellectual Property

All content on our website, including text, graphics, logos, icons, images, software, and proprietary methodologies, are the property of Markave or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute our content without written permission.

4.2 Work Product Ownership

Unless otherwise specified in a service agreement:

• Custom Work: Upon full payment, you will own the final deliverables created specifically for you
• Pre-existing Materials: Markave retains ownership of any pre-existing tools, templates, or methodologies
• Portfolio Rights: We may showcase completed work in our portfolio unless agreed otherwise

4.3 Client Materials

You retain ownership of all materials you provide to us. By providing materials, you grant Markave a non-exclusive license to use them as necessary to perform our services. You represent that you have the right to provide such materials.

4.4 Third-Party Content

Our services may include third-party content, including stock images, fonts, or software libraries. Such content is subject to its respective licenses, which we will communicate to you.

5.1 Fees and Pricing

Service fees will be outlined in your specific service agreement or proposal. All fees are quoted in the currency specified and are exclusive of applicable taxes unless stated otherwise.

5.2 Payment Schedule

Unless otherwise agreed:

• A deposit (typically 30-50%) is required before project commencement
• Milestone payments may be required for larger projects
• Final payment is due upon project completion or as specified in the agreement
• Retainer fees are due at the beginning of each billing period

5.3 Late Payments

5.4 Refund Policy

Deposits are generally non-refundable once work has commenced. Refunds for services rendered will be considered on a case-by-case basis. Any refunds will be prorated based on work completed.

5.5 Taxes

You are responsible for all applicable taxes, including VAT (France: FR31929382000) and sales tax. Tax will be added to invoices as required by law based on your location.

6.1 Termination by You

You may terminate services by providing written notice as specified in your service agreement. Early termination may be subject to cancellation fees or payment for work completed.

6.2 Termination by Markave

We may terminate or suspend your access to our services:

• For violation of these Terms
• For non-payment of fees
• For conduct that we believe may harm Markave or other users
• As required by law
• With reasonable notice for any other reason

6.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. You remain liable for all fees incurred prior to termination. Provisions that by their nature should survive termination will remain in effect, including intellectual property, limitation of liability, and dispute resolution.

7.1 No Guarantee of Results

While we strive to deliver excellent results, we cannot guarantee specific outcomes such as search engine rankings, website traffic, sales conversions, or revenue increases. Marketing results depend on many factors beyond our control.

7.2 Third-Party Services

We are not responsible for the actions, content, or policies of third-party platforms, tools, or services that may be integrated with our services (e.g., Google, Meta, hosting providers).

7.3 Website Availability

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

8.1 Maximum Liability

Our total liability for any claims arising under these Terms or related to our services shall not exceed the total amount paid by you to Markave in the twelve (12) months preceding the claim.

8.2 Indemnification

You agree to indemnify, defend, and hold harmless Markave and its affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

9.1 Governing Law

9.2 Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve any dispute informally by contacting us. If the dispute cannot be resolved within 30 days, either party may pursue formal proceedings.

9.3 Arbitration (US Clients)

For US clients, disputes shall be resolved through binding arbitration in Miami, Florida, in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property matters.

9.4 Class Action Waiver

To the extent permitted by law, you agree to resolve any disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

10. General Provisions

10.1 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Markave regarding the subject matter hereof.

10.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

10.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Markave may assign these Terms without restriction.

10.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet disruptions.