Terms of Service

1. The service

Whitelisted provides access to and management of enterprise-level ("agency") advertising accounts on third-party advertising platforms, including Meta, Snapchat and TikTok (the "Platforms"), together with related account management, funding (top-up) and support services.

We are an independent service provider. Unless expressly stated in writing, nothing in these Terms constitutes a representation of partnership, endorsement or affiliation by any Platform.

2. Eligibility and compliance review

• Our services are available to businesses only, not consumers.
• Every client must pass our compliance review before onboarding. We work exclusively with legitimate, legal brands. Where the client's vertical or target market requires a license (including regulated gaming), we onboard licensed operators only, and the client must provide valid licensing documentation and keep it current.
• You represent that all information and documentation you provide is accurate and complete, and that your products, services and marketing funnels are lawful in every market you target.
• We may decline or discontinue service to any business at our discretion, including where we believe the business poses a compliance, legal or reputational risk.

3. Platform policies

• You must comply at all times with the advertising policies, community standards and terms of each Platform on which your account operates, and with all applicable laws (including advertising, consumer protection, gambling/gaming and data protection laws) in every market you target.
• You are solely responsible for your campaigns, creatives, landing pages, offers and targeting.
• If a Platform restricts or disables an account, we will use commercially reasonable efforts to appeal and restore it. We do not guarantee restoration, and we are not liable for losses caused by Platform decisions.

4. Fees, top-ups and payments

• Service fees are set out in your service agreement or quote. Fees are typically based on advertising volume and the platforms used.
• Account funding ("top-ups") is made against invoice via the payment methods we support. Funds are credited to your advertising account after payment is received.
• Amounts already spent on advertising are non-refundable. Refunds of unspent balances are handled per your service agreement, less applicable fees and subject to Platform settlement. [Define exact refund terms in the service agreement.]
• You are responsible for any taxes applicable to your use of the services, other than taxes on our income.

5. Account use

• Advertising accounts provisioned through Whitelisted remain under agency management structures. You receive working access for campaign operation as agreed.
• You may not resell, sublicense or transfer access to any account or use an account for any business other than the one approved in your compliance review, without our prior written consent.
• You may not use the services for any unlawful, deceptive or fraudulent activity. Doing so results in immediate termination.

6. Term and termination

Either party may terminate per the service agreement. We may suspend or terminate immediately if you breach these Terms, fail our ongoing compliance requirements, lose a required license, or where required by a Platform or by law. Upon termination we will settle unspent balances in accordance with Section 4.

7. Disclaimers

The services are provided "as is". We do not guarantee advertising performance, delivery, cost levels (including CPMs or CPAs), account availability or uninterrupted operation. Advertising results depend on factors outside our control, including Platform algorithms and policies.

8. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or related to the services shall not exceed the service fees paid to us in the six (6) months preceding the claim, and we shall not be liable for indirect, incidental, consequential or punitive damages, or for loss of profits, revenue or data.

9. Indemnification

You will indemnify and hold harmless Aygo and its officers, employees and agents from any claims, losses and expenses (including reasonable legal fees) arising from your campaigns, products, breach of these Terms, or violation of law or Platform policies.

10. Intellectual property

The Whitelisted website, brand and materials are owned by Aygo Technologies. You retain all rights in your own creatives, trademarks and materials, and grant us a limited license to use them solely to provide the services.

11. Confidentiality

Each party will keep the other's non-public business information confidential and use it only as needed to provide or receive the services.

12. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, and the state and federal courts located in Delaware have exclusive jurisdiction, without regard to conflict-of-law rules.

13. Changes

We may update these Terms from time to time. Continued use of the services after changes take effect constitutes acceptance. The "Last updated" date reflects the latest version.

14. Contact

Aygo Technologies LLC — info@getwhitelisted.com
8 The Green, STE A, Dover, Delaware 19901, USA