Terms of Service

Agreement to Terms

By engaging Kangaroo Advertising for advertising services, requesting a proposal, submitting contact information through our website or otherwise using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

These terms constitute the entire agreement between you and Kangaroo Advertising regarding the provision of advertising services and supersede all prior negotiations and agreements, whether written or oral.

Description of Services

Kangaroo Advertising provides full-service digital advertising management and optimization services. Our service offerings include:

• CTV and streaming television advertising (Hulu, Roku, YouTube TV, OTT platforms)
• Geofencing and geo-conquesting campaigns
• Paid social media advertising (Meta, TikTok, LinkedIn, YouTube)
• Google Search and Performance Max campaigns
• Programmatic display and video advertising
• Retargeting and remarketing across platforms
• AI-powered creative generation and campaign optimization
• Custom AI solutions and agent development for client businesses

Specific services to be provided are outlined in individual service agreements, proposals or statements of work. We reserve the right to modify or discontinue services with 30 days written notice.

Client Responsibilities

As our client, you agree to:

• Provide accurate, complete and current information about your business, products and services.
• Grant Kangaroo Advertising authorized access to ad accounts, analytics platforms and assets required to manage campaigns.
• Review and approve all creative assets, ad copy and landing pages before launch.
• Maintain compliance with all applicable laws, regulations and advertising platform policies.
• Pay all invoices in accordance with the payment terms specified in your service agreement.
• Notify us immediately of any unauthorized use of your accounts or services.

Payment Terms

Payment terms are specified in your service agreement or invoice. Unless otherwise stated, invoices are due within 15 days of issuance. Payment should be made via the method specified on the invoice.

Media spend is billed separately from management and service fees. You are responsible for all media spend incurred through your advertising accounts, regardless of campaign performance or results.

Late payments may result in suspension of services, including campaign pauses, without further notice. If payment is more than 30 days overdue, we reserve the right to terminate services and may refer the account to collections.

All fees are in US dollars unless otherwise specified. Clients are responsible for any applicable taxes, fees or duties imposed by third-party payment processors or government agencies.

Minimum Commitment and Term

Our standard service agreement requires a minimum initial term of 30 days. This allows us adequate time to establish baselines, optimize campaigns and demonstrate results.

After the initial 30-day term, services continue on a month-to-month basis unless otherwise specified in your agreement. Either party may cancel with 15 days written notice via email to the other party's authorized representative.

If you cancel during the initial 30-day term, you remain responsible for all fees incurred and all media spend deployed through the cancellation date. Early termination does not waive payment obligations.

Custom AI solution projects may have different terms as specified in the project agreement.

Intellectual Property Rights

Creative assets, advertising copy, ad designs and landing pages specifically produced by Kangaroo Advertising for your campaigns are owned by you upon full payment of all fees. You may use these assets for the campaigns we manage and for your own purposes after engagement with us ends.

Our internal tools, processes, methodologies, strategic frameworks, templates, workflows, software and proprietary systems remain the exclusive property of Kangaroo Advertising. You may not reproduce, distribute, modify or use these materials outside of the services we provide.

You grant Kangaroo Advertising a non-exclusive license to use your company name, logos, branding and campaign results for case studies, testimonials, presentations and marketing materials, unless you opt out in writing.

Ad Platform Compliance and Responsibility

You are solely responsible for ensuring that your products, services, advertising claims and landing pages comply with the policies and terms of service of Google, Meta, TikTok, LinkedIn, Roku and all other advertising platforms on which we run campaigns.

You are responsible for:

• Ensuring all advertising claims are truthful and substantiated.
• Providing compliant landing pages and post-click experiences.
• Complying with all platform advertising policies and restrictions.
• Maintaining accurate business information across all platforms.
• Not submitting ads that violate platform terms or applicable law.

We are not responsible or liable for ad disapprovals, account suspensions, bans or other platform penalties resulting from violations of platform policies or applicable law that originate from your business, products or submitted assets.

If a platform suspends your account due to policy violations, we are not obligated to continue managing campaigns and may suspend services immediately. You remain responsible for all media spend and fees accrued prior to suspension.

Limitation of Liability

To the fullest extent permitted by law, Kangaroo Advertising is not liable for indirect, incidental, consequential, special or punitive damages, including lost profits, lost revenue, lost data or business interruption, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or related to these terms or our services shall not exceed the total fees paid by you in the 30 days preceding the claim or USD 5,000, whichever is less.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability, so portions of this section may not apply to you.

No Guarantee of Results

Advertising performance depends on numerous factors beyond Kangaroo Advertising's control, including market conditions, economic trends, competitive spend, seasonal demand, platform algorithm changes, audience quality and your own business factors.

We do not guarantee specific return on advertising spend (ROAS), cost per acquisition (CPA), click-through rates, conversion rates, revenue outcomes or any other specific performance metrics. Past performance is not indicative of future results.

While we apply industry best practices, strategic optimization and continuous monitoring, advertising inherently involves risk and no strategy can guarantee success. Campaign performance will fluctuate and may decline regardless of our management efforts.

You understand and accept that advertising budgets are deployed at your risk and may not generate returns. Payment obligations are not contingent on achieving any performance targets.

Confidentiality

Both parties agree to keep confidential all non-public information shared in the course of our engagement, including strategy documents, performance data and pricing. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

We may reference your company as a client in our portfolio and marketing materials unless you request otherwise in writing.

Indemnification

You agree to indemnify and hold harmless Kangaroo Advertising, its officers, employees and agents from any claims, damages, liabilities or expenses (including legal fees) arising from your breach of these terms, your violation of applicable law, your advertising claims or content, or your use of our services in violation of platform policies or advertising regulations.

Termination

Either party may terminate services with 15 days written notice. Termination does not relieve you of payment obligations for services rendered or media spend incurred prior to the termination date.

Upon termination, you remain responsible for all platform account management, campaign monitoring and media spend ongoing in your accounts. We will provide transition assistance as specified in your service agreement.

We reserve the right to terminate services immediately if you breach these terms, fail to pay invoices when due, violate platform policies or engage in conduct harmful to Kangaroo Advertising's reputation.

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute, claim or lawsuit arising out of or related to these terms or our services shall be resolved exclusively in the state and federal courts located in Los Angeles County, California. Both parties consent to the personal jurisdiction and venue of these courts and waive any objection based on forum non conveniens.

However, Kangaroo Advertising may seek injunctive relief in any court of competent jurisdiction to prevent breach of intellectual property rights or confidentiality obligations.

Changes to These Terms

Kangaroo Advertising may update these Terms of Service at any time by posting the revised version on our website and updating the "Last Updated" date at the top of this page.

Your continued use of our website or services following the posting of revised terms constitutes your acceptance of the updated Terms of Service. We encourage you to review these terms periodically for changes.

Severability

If any provision of these terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Contact Us

If you have questions about these Terms of Service or our services, please contact us at: