Terms and conditions.

1. Introduction

These Terms and Conditions govern your use of services provided by The Digital Peach ("Agency") and The Peach System ("Platform"), collectively referred to as "we," "us," or "our."

By engaging our Agency services, accessing the Platform, or both, you agree to these Terms. If you do not agree, please do not use our services.

Services covered:

• The Digital Peach — Creative performance marketing agency services
• The Peach System — Meta Ads reporting, benchmarking, and creative generation platform

Some sections apply to both services, while others are specific to one. We've marked these clearly throughout.

2. General terms (applies to all services)

2.1 Eligibility

You must be at least 18 years old and have the legal authority to bind yourself or your organisation to these Terms. If you're using our services on behalf of a company, you represent that you have authority to accept these Terms on their behalf.

2.2 Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorised access.

2.3 Acceptable use

You agree not to:

• Use our services for any unlawful purpose
• Provide false or misleading information
• Attempt to access systems or data you're not authorised to access
• Use our services to promote content that violates Meta's Advertising Policies
• Reverse engineer, copy, or redistribute any part of our Platform or methodologies

2.4 Changes to services

We may modify, suspend, or discontinue any aspect of our services with reasonable notice. For Platform subscribers, we'll provide at least 30 days' notice of material changes that affect your subscription.

3. The Digital Peach — Agency services

This section applies only to clients engaging our agency services.

3.1 Scope of services

Agency services are defined in your individual proposal or service agreement. These may include but are not limited to:

• Meta Ads campaign management
• Creative strategy and production
• Performance reporting and optimisation
• Ad account setup and pixel implementation

3.2 Ad account access

To deliver agency services, you grant us access to your Meta Business Manager, ad accounts, and associated assets. You confirm that you own or have authorisation to grant access to these accounts.

We will:

• Use access solely to deliver agreed services
• Follow Meta's Partner policies and guidelines
• Not share your account access with unauthorised third parties

You remain the owner of your ad accounts at all times. We do not take ownership of accounts we manage.

3.3 Ad spend and billing

Ad spend is billed directly by Meta to your payment method on file. We do not handle or mark up your ad spend.

Agency fees are billed separately as outlined in your service agreement. Payment terms, unless otherwise specified, are due within 14 days of invoice.

3.4 Creative assets and intellectual property

Your assets: You retain ownership of your brand assets, logos, product images, and any materials you provide to us.

Work we create: Creative assets we produce for your campaigns (ad copy, images, videos) become your property upon full payment. You may use them freely.

Our methodologies: Our strategies, frameworks, processes, and internal tools remain our intellectual property. You may not reproduce, share, or resell these.

3.5 Results and guarantees

We do not guarantee specific advertising results, including but not limited to return on ad spend, cost per acquisition, or revenue outcomes. Advertising performance depends on many factors outside our control, including your product, pricing, market conditions, and platform algorithm changes.

We commit to applying our expertise and best efforts to achieve the goals outlined in your service agreement.

3.6 Platform access for agency clients

Agency clients may receive access to The Peach System as part of their service package. This access is governed by Section 4 below and is included for the duration of your agency engagement unless otherwise specified.

4. The Peach System — Platform terms

This section applies to all users of The Peach System platform, whether standalone subscribers or agency clients with platform access.

4.1 What the platform does

The Peach System connects to your Meta ad accounts to provide:

• Weekly performance reporting and insights
• Historical benchmark tracking unique to your brand
• AI-generated creative briefs based on performance data
• Creative Generator tool for producing ad visuals

The Platform is a reporting and creative tool. It does not manage, optimise, or make changes to your ad campaigns.

4.2 Meta account connection

To use the Platform, you must connect your Meta ad account(s) through our secure integration. By connecting, you:

• Authorise us to read performance data from your ad accounts
• Confirm you have the right to grant this access
• Understand we access data in read-only mode for reporting purposes

We access only the data necessary to provide the service. We do not access your payment information, personal messages, or data unrelated to advertising performance.

4.3 Data we collect and store

From your Meta accounts:

• Campaign, ad set, and ad performance metrics
• Creative performance data
• Account-level spend and results

From your use of the Platform:

• Brand assets you upload (logos, colours, fonts)
• Creative briefs and generated content
• Usage patterns and preferences

4.4 How we use your data

We use your data to:

• Generate your weekly performance reports
• Build historical benchmarks specific to your brand
• Power AI-generated creative recommendations
• Improve our Platform and services

We do not sell your data. We do not share your individual performance data with other clients or third parties, except as required by law.

Aggregated data: We may use anonymised, aggregated data across all clients to improve our algorithms and identify industry trends. This data cannot be traced back to your brand.

4.5 Data retention and deletion

We retain your data for the duration of your subscription plus 90 days.

Upon termination, you may request a summary export of your performance benchmarks in PDF format. Raw data, historical datasets, and system-generated analytics are not available for export. All data will be deleted within 30 days of your request or 90 days after subscription end, whichever comes first.

Your original ad data remains in your Meta ad account and is not affected by your use of our Platform.

4.6 Brand assets and Creative Generator

Assets you upload: You retain full ownership of your brand assets (logos, images, colours, fonts). By uploading, you grant us a licence to use these assets solely to provide Platform services to you.

Generated creatives: Ad creatives you generate using the Creative Generator are yours. You may use them freely in your advertising and marketing.

AI-generated content: Creative briefs and recommendations are generated using AI based on your performance data. These are suggestions, not guarantees. You are responsible for reviewing all content before use and ensuring it complies with applicable advertising regulations and platform policies.

4.7 Subscription and payment

Platform subscriptions are billed monthly or annually as selected at signup.

• Monthly subscriptions renew automatically each month
• Annual subscriptions renew automatically each year
• You may cancel at any time; access continues until the end of your current billing period
• No refunds for partial billing periods

We may change pricing with 30 days' notice. Price changes apply to your next billing cycle after the notice period.

4.8 Service availability

We aim for high availability but do not guarantee uninterrupted access. The Platform may be unavailable due to:

• Scheduled maintenance (we'll provide advance notice when possible)
• Meta API changes or outages
• Technical issues beyond our reasonable control

We are not liable for losses arising from service interruptions.

5. Data protection and privacy

5.1 GDPR and data protection

For users in the UAE and internationally, we process data in accordance with applicable data protection laws, including GDPR where relevant.

Your rights include:

• Access to your personal data
• Correction of inaccurate data
• Deletion of your data (subject to legal retention requirements)
• Data portability where technically feasible

To exercise these rights, contact us at the details provided below.

5.2 Meta platform terms

Our services are subject to Meta's Platform Terms and Policies. By using our services, you acknowledge that Meta may change its APIs, data access, or policies at any time, which may affect our ability to provide certain features.

6. Limitation of liability

6.1 Data security

We implement reasonable technical and organisational measures to protect your data, including encryption in transit and access controls. However, no system is completely secure.

In the event of a data breach:

• We will notify affected users without undue delay
• We will cooperate with any regulatory investigations
• Our liability is limited to direct damages caused by our failure to implement reasonable security measures

We are not liable for breaches resulting from:

• Your actions, including weak passwords, shared credentials, or compromised systems on your end
• Unauthorised access you grant to third parties
• Security incidents originating from third-party service providers

Third-party services

The Platform relies on third-party services including Meta's APIs, cloud infrastructure, and data storage providers. These providers maintain their own security practices and certifications. We select reputable providers and implement reasonable safeguards, but we are not liable for security incidents, outages, or data loss originating from these third-party systems.

You acknowledge that your data may be processed and stored by these third-party providers in accordance with their respective terms and privacy policies.

6.2 Service limitations

Our services are provided "as is." We make no warranties, express or implied, regarding:

• Advertising performance or results
• The accuracy of AI-generated recommendations
• Uninterrupted or error-free Platform operation
• Compatibility with future Meta platform changes

6.3 Liability cap

To the maximum extent permitted by law, our total liability for any claims arising from these Terms or your use of our services is limited to the fees you paid to us in the 12 months preceding the claim.

6.4 Exclusions

We are not liable for:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or data
• Damages arising from Meta platform changes or outages
• Your reliance on AI-generated content without review
• Actions taken by Meta on your ad accounts

7. Termination

7.1 Termination by you

Agency services: You may terminate with 30 days' written notice, unless otherwise specified in your service agreement. Fees for work completed remain due.

Platform subscription: You may cancel at any time through your account settings or by contacting us. Access continues until the end of your current billing period.

7.2 Termination by us

We may suspend or terminate your access if you:

• Breach these Terms
• Fail to pay fees when due
• Use our services for prohibited purposes
• Engage in activity that harms our reputation or other clients

For material breaches, we'll provide notice and opportunity to cure where reasonable. We may terminate immediately for serious violations.

7.3 Effect of termination

Upon termination:

• Your access to the Platform ends
• You may request a summary export of benchmarks (Platform users)
• Any outstanding fees become immediately due
• Sections that should survive (intellectual property, limitation of liability, governing law) remain in effect

8. General provisions

8.1 Governing law

These Terms are governed by the laws of the United Arab Emirates. Any disputes shall be resolved in the courts of Dubai, UAE.

8.2 Entire agreement

These Terms, along with any service agreements or proposals, constitute the entire agreement between you and us. They supersede any prior agreements or understandings.

8.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in effect.

8.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor or affiliate.

8.5 No waiver

Our failure to enforce any provision does not waive our right to enforce it later.

9. Contact

The Digital Peach / The Peach System

Email: hello@thedigitalpeach.ae
Website: www.thedigitalpeach.ae

For data protection enquiries or to exercise your data rights, please email us with the subject line "Data Request."