terms of service
Terms of Service
Last updated: May 19, 2026
These Terms of Service ("Terms") govern your access to and use of the website dsagrowth.com and any related services provided by DSA Growth Agency, operated by DSAECOM LLC ("DSA Growth," "we," "us," "our"). By accessing the website, submitting an inquiry, or engaging our services, you ("Client," "you") agree to these Terms.
- Acceptance of terms
- Services
- Client responsibilities
- Fees and payment
- Ad spend and third-party platforms
- Account access and ownership
- No guarantee of results
- Term and termination
- Confidentiality
- Intellectual property
- Limitation of liability
- Indemnification
- Warranties disclaimer
- Governing law and disputes
- General provisions
- Contact
1. Acceptance of terms
By accessing dsagrowth.com or engaging DSA Growth for any service, you confirm that:
- You are at least 18 years old and legally capable of entering into a binding contract
- You have the authority to bind the entity on whose behalf you are engaging us
- You accept these Terms, our Privacy Policy, and our Cookie Policy
If you do not agree, you must not use our website or services.
2. Services
2.1 Service offerings
DSA Growth provides advertising management and creative services to e-commerce and direct-to-consumer brands, including:
- Performance Management: end-to-end management of Meta (Facebook, Instagram) advertising campaigns, including strategy, account structure, daily optimization, and reporting.
- Creative Strategy: creative angle research, direct-response copywriting, UGC briefing, and creative roadmaps.
- Ancillary services: landing page consulting, advertorial copywriting, and related growth services agreed in writing.
2.2 Scope
The specific scope, deliverables, fees, term, and any deviations from these Terms are defined in a separate Service Agreement or proposal signed by both parties. In the event of conflict between the Service Agreement and these Terms, the Service Agreement prevails.
3. Client responsibilities
To enable us to deliver services, Client agrees to:
- Provide accurate, complete, and timely information about products, offers, and business operations
- Grant DSA Growth appropriate access to Client's Business Manager, ad accounts, analytics, and other platforms as required
- Approve creatives, copy, and campaign launches in a reasonable timeframe
- Maintain compliance with Meta's Advertising Policies, Community Standards, and any other applicable platform policies and applicable law
- Fund ad accounts directly with the advertising platform; DSA Growth does not pay ad spend on Client's behalf unless explicitly agreed in writing
- Process customer orders, fulfillment, refunds, and customer support — DSA Growth is not responsible for any operational aspect of Client's business
4. Fees and payment
4.1 Fee structure
Our fees consist of one or more of the following components, as specified in the Service Agreement:
- Monthly retainer: a fixed fee billed in advance at the start of each service period
- Percentage of managed ad spend: a percentage applied to verified ad spend managed during the billing period
- Project fees: for one-off deliverables outside the recurring scope
4.2 Billing and payment
- Invoices are issued in USD unless otherwise agreed
- Retainer fees are payable in advance; performance-based fees are billed monthly in arrears based on the previous month's verified ad spend
- Payment terms are Net 7 days from invoice date unless otherwise agreed in writing
- Accepted payment methods: bank wire transfer, ACH, credit card (subject to processing fee), or stablecoin (USDT/USDC) at our discretion
- Late payments accrue interest at the lower of 1.5% per month or the maximum rate permitted by law
4.3 Taxes
Fees are exclusive of any applicable taxes, duties, or withholdings. Client is responsible for all such amounts, except for taxes on DSAECOM LLC's net income.
4.4 No refunds for past services
Fees for services already rendered are non-refundable. See our Refund Policy for the limited circumstances in which refunds may apply.
5. Ad spend and third-party platforms
Client acknowledges and agrees that:
- Ad spend is funded by Client directly to the advertising platform using Client's own payment methods
- DSA Growth does not own, control, or guarantee continued access to any third-party advertising account
- Meta and other platforms may restrict, disable, or ban ad accounts, Business Managers, or pages at their sole discretion
- DSA Growth is not liable for ad spend lost, frozen, or unrecoverable due to platform actions
- Client is solely responsible for the legal and policy compliance of products, offers, landing pages, and creative content
6. Account access and ownership
- Client retains full ownership of its Business Manager, ad accounts, pixels, audiences, catalogs, creative assets, and customer data
- Access granted to DSA Growth is solely for the purpose of providing the services and may be revoked at any time
- Upon termination, DSA Growth will remove its access within 7 business days
- DSA Growth will not retain copies of Client's confidential business data beyond what is required for legal, accounting, or reporting purposes
7. No guarantee of results
DSA Growth provides services on a best-efforts basis. We do not guarantee any specific outcome, including but not limited to:
- Return on ad spend (ROAS), cost per acquisition (CPA), revenue, or profit
- Conversion rates, click-through rates, or any other performance metric
- Account approval, account longevity, or absence of platform restrictions
- Specific ranking, reach, or impression volumes
Performance metrics shared in proposals or marketing materials reflect past results and are not a guarantee or representation of future performance.
8. Term and termination
8.1 Term
Engagements begin on the date specified in the Service Agreement and continue on a month-to-month basis unless otherwise stated. We recommend a minimum 90-day commitment to deliver meaningful results.
8.2 Termination for convenience
Either party may terminate by providing 30 days' written notice. Services and fees continue through the notice period.
8.3 Termination for cause
Either party may terminate immediately upon written notice if the other party:
- Materially breaches these Terms or the Service Agreement and fails to cure within 10 days of written notice
- Becomes insolvent, files for bankruptcy, or ceases business operations
- Engages in conduct that exposes the other party to legal, reputational, or platform-policy risk
8.4 Effect of termination
Upon termination: (a) Client pays all outstanding fees through the effective date; (b) DSA Growth removes access to Client's platforms; (c) sections that by their nature should survive (Confidentiality, IP, Limitation of Liability, Indemnification, Governing Law) survive termination.
9. Confidentiality
Each party may receive information that is confidential or proprietary ("Confidential Information"). Both parties agree to:
- Use Confidential Information only to perform obligations under these Terms
- Protect it with at least the same care used to protect their own confidential information (and no less than reasonable care)
- Not disclose it to third parties except to employees, contractors, or advisors who need it and are bound by confidentiality
Obligations survive termination for 3 years, except for trade secrets, which remain confidential indefinitely.
10. Intellectual property
10.1 Client IP
Client retains all rights, title, and interest in its trademarks, brand assets, product information, customer data, and any materials Client provides to us.
10.2 Deliverables
Upon full payment, Client owns the final deliverables created specifically for Client (ad copy, creative briefs, campaign structures, reports).
10.3 DSA Growth IP
DSA Growth retains all rights to its proprietary methodologies, frameworks, internal tools, templates, training materials, and aggregated, anonymized data and insights derived from delivering services across clients.
10.4 Portfolio rights
Unless Client requests otherwise in writing, DSA Growth may reference Client's name, logo, and high-level engagement results (e.g., "increased ROAS by X%") for portfolio, case study, and marketing purposes.
11. Limitation of liability
To the maximum extent permitted by law:
- DSA Growth's total aggregate liability arising from or related to these Terms or the services is limited to the total fees paid by Client to DSA Growth in the 3 months preceding the event giving rise to the claim, excluding ad spend.
- In no event shall DSA Growth be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunities, or ad spend, even if advised of the possibility of such damages.
- DSA Growth is not liable for losses caused by third-party platforms, including but not limited to account disabling, ad rejection, billing errors, platform downtime, or policy changes.
12. Indemnification
Client agrees to indemnify, defend, and hold harmless DSAECOM LLC, its members, officers, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Client's products, services, offers, or business operations
- Content, claims, or materials Client provides or approves for use in advertising
- Client's breach of these Terms or violation of applicable law or platform policy
- Client's failure to fulfill orders, deliver products, or honor refunds to its customers
13. Warranties disclaimer
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DSA GROWTH DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ACHIEVE ANY PARTICULAR RESULT.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws rules.
Any dispute arising from or related to these Terms shall be resolved as follows:
- Step 1 — Good-faith negotiation: the parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.
- Step 2 — Binding arbitration: if unresolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association in Miami, Florida, under its Commercial Arbitration Rules. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.
- Exception: either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
The parties waive any right to a jury trial and to participate in a class action.
15. General provisions
- Entire agreement: these Terms and the Service Agreement constitute the entire agreement between the parties on this subject matter.
- Amendments: we may update these Terms; the "Last updated" date reflects the latest revision. Material changes will be communicated to active clients.
- Severability: if any provision is held unenforceable, the remaining provisions remain in full effect.
- Waiver: failure to enforce any provision does not constitute a waiver.
- Assignment: Client may not assign these Terms without our prior written consent; we may assign them to a successor in connection with a merger or asset sale.
- Force majeure: neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, war, government actions, platform shutdowns, etc.).
- Independent contractors: the parties are independent contractors; nothing creates a partnership, joint venture, or employment relationship.
- Notices: notices must be sent in writing to hello@dsagrowth.com or to the registered office address listed below.