Terms of Use
NEOLIXUM

1. Introduction

These Terms of Use (hereinafter – the “Terms”) outlines how the SIA Neolixum provides advertising, software and other services listed on website neolixum.com (“Website”).

These Terms apply to the Website, the Services, and products offered by Neolixum (whenever you use Services through the Website or by corresponding with us - for example, by e-mail or by filling a messaging form on the Website). We assume that you have carefully read this document and accepted it.

By using the Website, our Services, and products offered by Neolixum contacting us you express your consent to these Terms and Privacy Policy. If you disagree with these Terms of Use or Privacy Policy, then you should refrain from using our Website, and/or Services.

2. Definitions

2.1 In these Terms and our Services, the following definitions shall apply:

Ad Impressions: means the number of times an ad is displayed to users.

A/B Testing: means a method of comparing two versions of a webpage or content to determine which performs better.

Content: means any text, images, videos, graphics, or other media displayed or distributed through digital marketing channels.

Company: means Neolixum SIA, a company incorporated in Latvia under registration number 40203564299.

CTR (Click-Through Rate): means the percentage of users who click on an ad or link compared to the number of total users who saw it.

Digital Marketing: means the practice of promoting products, services, or brands using digital channels such as websites, social media, email, search engines, and more.

Lead Generation: means the process of attracting potential customers and gathering their contact information.

PPC (Pay-Per-Click): means an advertising model where advertisers pay a fee each time their ad is clicked.

ROI (Return on Investment): means a measure of the profitability of digital marketing campaigns.

SEM (Search Engine Marketing) means a form of online advertising where ads are displayed in search engine results pages.

SEO (Search Engine Optimization): means the practice of optimizing website content to improve its visibility in search engine results.

Service: the digital marketing and IT services provided by the Company as described on our Website.

Social Media Marketing: means the use of social media platforms to promote products or services.

Website Development: means the process of creating and maintaining websites, including coding, design, and content management.

Web Design means the service of handling the visual and user experience aspects of creating websites, including layout, color schemes, and user interface.

Payment Integration: means the process of integrating secure payment gateways and methods into websites or applications.

E-commerce Website Development: means the creation and management of online stores and shopping platforms for selling products or services.

Custom Software Development: means the design, development, and implementation of tailored software solutions for specific business needs.

Terms of Use: This document, outlining the terms and conditions for using the Company’s digital marketing services.

User, You: An individual or entity accessing and interacting with digital marketing services or websites.

Website: means the Company’s website at neolixum.com.

3. Eligibility

3.1 The Website and Company's Services are intended for use by individuals aged 18 years or older. By accessing or using the Website or Services, you represent and warrant that you meet this age requirement.

3.2. You further represent and warrant that you have the legal capacity to enter into a binding contract and use the Services, and that your use of the Services is not prohibited by any applicable law or regulation.

4. Scope of Services

4.1. The Company provides range of digital marketing and IT services to clients, including but not limited to Search Engine Optimization (SEO), Social Media Marketing, Pay-Per-Click (PPC) Advertising, Targeted Advertising across various platforms like Google, Facebook, and Instagram, Conversion Rate Optimization (CRO), Data-Driven Web Analytics, Google Analytics 4 (GA4) Implementation and Management, Dynamic Remarketing, Content Marketing, Web Design, Website Development, Payment Integration, E-commerce Website Development, Custom Software Development and Marketing Materials Creation (collectively referred to as the "Services").

4.2. The Company tailors the scope of its Services to meet the specific needs and objectives of each client. Clients can select from the Company's comprehensive range of Services based on their requirements and goals.

4.3. To ensure its Services remain relevant and effective, the Company reserves the right to update, modify, or expand its range of Services to align with industry best practices, emerging trends, and the evolving needs of its clients.

5. Intellectual Property

5.1 The trademarks, trade names, service marks, logos, software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on the Website and in connection with the Services are the property of the Company and its respective owners and are protected by applicable intellectual property laws.

5.2. You acknowledge and agree that the Company retains all right, title, and interest in and to its intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information, and data, whether or not patentable, copyrightable, or protectable in trademark, and any trademarks, copyright, or patents based thereon.

5.3. You are prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, scraping, collecting, or distributing in any form or by any means, manual or automated, any of the Company's intellectual property or materials from the Website or Services, without the Company's prior written consent.

5.4. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Company's intellectual property or any software, documentation, or data related to the Services, except and only to the extent that such activity is expressly permitted by applicable law.

6. Confidentiality

6.1. "Confidential Information" means all information, whether written or oral, and in any form (including, without limitation, engineering documents, research and development, manuals, reports, designs, drawings, plans, flowcharts, software (in source or object code), program listings, data file printouts, processes, component part listings and prices, product information, new product plans, sales and marketing plans and/or programs, pricing information, customer lists and other customer information, financial information and employee files or other employee information) relating to the disclosing party's business or technology disclosed to the receiving party.

6.2. Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession before receipt from the disclosing party; (c) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

6.3. Upon termination of the Services or at the Company's request, you shall promptly return or destroy all Confidential Information in your possession or control and certify such destruction in writing to the Company.

6.4. The Company agrees to maintain the confidentiality of any personal information or data provided by you in connection with the Services, except as required by law or to provide the Services.

7. Restrictions

7.1. You agree not to engage in any of the following activities in connection with the Website or Services:

(a) Modify, translate, adapt, reverse engineer, disassemble, decompile, or create derivative works based on the Website or Services; (b) Remove, alter, or obscure any proprietary notices, including copyright, trademark, or patent notices, from the Website or Services; c) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Services to any third party; d) Circumvent or disable any security features or copy protection mechanisms of the Website or Services; e) Interfere with or breach any contractual relationships between the Company and its employees; (f) Use the Website or Services for any unlawful, harmful, or destructive purpose; (g) Transmit or upload any unsolicited commercial communications, advertisements, spam, or other unsolicited content; (h) Transmit or upload any harmful or disabling computer codes, viruses, or other malicious software; (i) Harvest email addresses or other personal information from the Website or Services; (j) Interfere with or attempt to gain unauthorized access to the Company's network services; (k) Suggest an express or implied affiliation with the Company without prior written permission; (l) Impair or limit the Company's ability to operate the Website or Services, or any person's ability to access and use them; m) Impersonate or misrepresent your affiliation with any person or entity; n) Transmit or upload any content that harms minors, violates child pornography laws, or depicts minors engaged in sexual conduct; (o) Transmit or upload any pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (p) Harm, threaten, harass, abuse, or intimidate any person, or depict, promote, encourage, or incite the commission of any unlawful activity; (q) Dilute or depreciate the name or reputation of the Company or its affiliates; (r) Infringe any third party's intellectual property rights or right of privacy; or (s) Transmit or upload any confidential, proprietary, or trade secret information without authorization.

8. Links to Other Websites

8.1. The Website may contain links to third-party websites or services that are not owned or controlled by the Company. These links are provided solely for your convenience and information.

8.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The Company does not endorse or make any representations about third-party websites or services.

8.3. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

8.4. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

9. Non-Disparagement

9.1. You agree not to disparage, slander, defame, or make any false or misleading statements, whether directly or indirectly, regarding the Company, its products, services, employees, officers, directors, owners, or representatives.

9.2. This non-disparagement obligation applies to all forms of communication, including but not limited to verbal statements, written materials, online forums, social media platforms, reviews, and any other public or private communications.

9.3. The non-disparagement clause shall remain in effect during the term of your use of the Services and indefinitely after termination or expiration of your use of the Services.

9.4. Nothing in this section shall prevent you from making truthful statements or disclosures required by applicable law, regulation, or legal process.

10. Reliance on Information

10.1. The information presented on or through the Website or in connection with the Services is made available solely for general informational purposes. This information should not be relied upon or used as a substitute for professional advice or services.

10.2. The Company does not warrant the accuracy, completeness, timeliness, or usefulness of any information provided on the Website or in connection with the Services. All such information is provided "as is" without warranty of any kind.

10.3. Your use of and reliance on any information provided on the Website or through the Services is solely at your own risk. The Company shall not be liable for any errors, inaccuracies, omissions, or delays in the information or for any actions taken in reliance thereon.

10.4. The Company expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the information provided on the Website or through the Services.

11. Warranties

11.1. THE SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY

12. Limitation of Liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, FOR THE SERVICES IN THE PAST SIX MONTHS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Indemnification

13.1. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website or the Company's Services, your User Content, or your violation of these Terms.

14. Termination

14.1. The Company reserves the right, in its sole discretion, to terminate or suspend your access to the Website and Services, or any part thereof, at any time and for any reason, with or without notice.

14.2. Upon termination, your right to use the Website and Services shall immediately cease, and you shall immediately destroy any copies of the Company's intellectual property or Confidential Information in your possession or control.

15. Assignment

15.1. The Company may assign its rights and obligations under these Terms of Use to any third party at any time without your consent.

15.2. You may not assign or transfer your rights or obligations under these Terms of Use to any third party without the Company's prior written consent.

16. Governing Law and Jurisdiction

16.1. These Terms of Use and your use of the Website and Services shall be governed by and construed in accordance with the laws of Latvia, without giving effect to any principles of conflicts of law.

16.2. Any legal action or proceeding relating to these Terms of Use or your use of the Website or Services shall be brought exclusively in the courts located in Latvia, and you hereby irrevocably consent to the personal jurisdiction of such courts.

17. Force Majeure

17.1 Force majeure refers to any unforeseeable and uncontrollable event that prevents the company from fulfilling its obligations under this agreement. Examples of such events include, but are not limited to, natural disasters (such as earthquakes, hurricanes, or floods), wars, riots, strikes, or governmental actions.

17.2. In the event of a force majeure, the company will be relieved of its obligations to provide services to the user for the duration of the event. The company will make reasonable efforts to resume services as soon as possible after the event has ended.

17.3 The company will notify the user of a force majeure event as soon as reasonably possible. The notice will include a description of the event and an estimate of the expected duration of the disruption to services.

17.4. If a force majeure event continues for an extended period of time (e.g., 30 days or more), the user may have the right to terminate this agreement. The user must provide written notice of their intention to terminate, and the termination will be effective upon receipt of the notice by the company.

18. Severability

18.1. Severability is a legal concept that allows for the enforcement of an agreement even if one or more of its clauses are found to be invalid or unenforceable.

18.2. If a court of law finds a particular clause of this agreement to be invalid or unenforceable, the remainder of the agreement will continue in full force and effect. The invalid or unenforceable clause will be deemed to be deleted from the agreement.

18.3. If the deletion of an invalid or unenforceable clause would result in a material change to the agreement, the company may, at its discretion, modify the agreement to achieve the original intent of the parties.

19. Changes to Terms

19.1. The company reserves the right to modify or update the terms of this agreement at any time. The user will be bound by any such changes and should therefore review the terms regularly.

19.2. The company will notify the user of material changes to the terms of this agreement. The notice may be provided by email, through a notice on the company's website, or by any other reasonable means.

19.3. The user will have an opportunity to review and accept the new terms of the agreement. If the user does not accept the new terms, they may be unable to continue using the company's services.

20. Final Provisions

20.1. This agreement will be effective as of the date it is accepted by the user. It will remain in effect until terminated by either party in accordance with the terms hereof.

20.2. Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. The termination will be effective upon receipt of the notice by the other party.

20.3. The user may contact the company with any questions or concerns regarding this agreement or the company's services. The company's contact information is as follows: [email protected].