Terms of Service

Effective Date: 29.09.2025

Welcome to PRISMATICA GROWTH PTE. LTD ("we," "us," "our," or the "Company")! These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and PRISMATICA GROWTH PTE. LTD regarding your access to and use of our website, data-driven marketing services, and consulting services. By accessing our website, using our services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

These Terms apply to all users of our services, including clients, visitors to our website, and any other parties who access or use our services. Please read these Terms carefully before using our services.

1. Acceptance of Terms

By accessing our website, using our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Your continued use of our services constitutes acceptance of these Terms and any modifications we may make. If you do not agree to these Terms, you must immediately discontinue use of our website and services.

2. Services Offered

PRISMATICA GROWTH PTE. LTD is a data-driven marketing agency headquartered in Singapore, operating across APAC, EU, MENA, and the Americas. We provide comprehensive marketing and consulting services, including but not limited to:

2.1 Strategy & Positioning Services

• Market research, competitive analysis, and industry insights.
• Development of customized marketing strategies and growth plans.
• Audience segmentation, value proposition development, and positioning strategies.
• Media planning with forecasting and budget allocation strategies.
• KPI tree development and prioritized hypothesis backlog creation.

2.2 Performance Marketing Services

• Campaign management across Google Ads, Meta (Facebook/Instagram), TikTok, LinkedIn, and other advertising platforms.
• Performance optimization and improvement of marketing metrics (ROAS, CAC, conversion rates, LTV, and other KPIs).
• Creative development, testing, and optimization.
• Attribution modeling and incrementality testing.
• Conversion rate optimization and landing page optimization.

2.3 SEO & Content Services

• Technical SEO audits and implementation.
• Content strategy, clustering, and production.
• E-E-A-T optimization and content quality enhancement.
• Link building and off-page SEO strategies.

2.4 Analytics & Technology Services

• Marketing dashboard setup and configuration (GA4, data visualization platforms).
• Analytics implementation, tracking setup, and Consent Mode v2 configuration.
• Server-side tracking and data pipeline development.
• Performance reporting, data analysis, and insights generation.

2.5 Consulting & Advisory Services

• Market expansion consulting and go-to-market strategies.
• Digital marketing leadership and team training.
• Marketing transformation and process optimization.
• A/B testing frameworks, hypothesis validation, and marketing experimentation services.

2.6 Service Delivery Model

Our services are typically delivered through:

• Sprint-based approach: 2-4 week sprints with adaptive scope and co-ownership with your in-house team.
• Sprint 0: Initial setup phase delivering tracking, dashboards, and prioritized backlog within 7 days of kickoff.
• Ongoing support: Follow-the-sun operations for 24/7 coverage across multiple time zones.

3. Service Agreements and Scope

Specific terms, scope, deliverables, timelines, and pricing for our services will be detailed in separate written service agreements, statements of work (SOWs), or contracts ("Service Agreements"). These Terms apply to all Service Agreements unless explicitly modified in writing. In case of conflict between these Terms and a Service Agreement, the Service Agreement shall prevail with respect to the specific services covered therein.

Each Service Agreement will specify:

• Scope of work, deliverables, and success criteria.
• Project timelines, milestones, and sprint schedules.
• Pricing, payment terms, and billing schedules.
• Access requirements, data sharing, and collaboration protocols.
• Confidentiality obligations and data processing terms.

4. User Responsibilities and Obligations

As a user of our services, you agree to:

4.1 Accurate Information

• Provide accurate, complete, and current information when engaging our services or creating an account.
• Update your information promptly if it changes.
• Not provide false, misleading, or fraudulent information.

4.2 Compliance with Laws

• Use our services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards.
• Not use our services for illegal, harmful, fraudulent, or unauthorized activities.
• Ensure that any content, data, or materials you provide to us comply with applicable laws, including data protection, advertising, and intellectual property laws.
• Obtain all necessary rights, licenses, and permissions for content and data you provide to us.

4.3 Security and Access

• Maintain the security and confidentiality of your account credentials, if applicable.
• Not attempt to compromise the security of our website, systems, or data, or engage in any unauthorized access, hacking, or similar activities.
• Not interfere with or disrupt our services, servers, networks, or systems connected to our services.
• Grant us appropriate access to your systems, accounts, and data as necessary to deliver our services (following least-privilege access principles).

4.4 Cooperation and Collaboration

• Provide timely feedback, approvals, and necessary information to enable us to deliver our services effectively.
• Designate authorized representatives for decision-making and communication.
• Participate actively in sprint reviews, planning sessions, and collaborative processes as agreed in Service Agreements.

4.5 Prohibited Activities

You agree not to:

• Use our services to violate any third-party rights, including intellectual property, privacy, or publicity rights.
• Transmit any viruses, malware, or harmful code through our services.
• Use automated systems (bots, scrapers) to access our website or services without our prior written consent.
• Reverse engineer, decompile, or disassemble any part of our services or technology.
• Use our services to compete with us or to develop competing services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to:

• Website content, design, layout, graphics, logos, and branding.
• Proprietary methodologies, frameworks, processes, and best practices.
• Software, code, tools, dashboards, and technology platforms we develop.
• Marketing strategies, templates, reports, and analytical models (unless specifically created for you as a deliverable).
• Documentation, training materials, and educational content.

...are the exclusive property of PRISMATICA GROWTH PTE. LTD or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, modify, distribute, create derivative works from, publicly display, or use our intellectual property without our prior written permission, except as expressly permitted in a Service Agreement.

5.2 Client Intellectual Property

You retain all rights, title, and interest in your intellectual property, including:

• Your brand, trademarks, logos, and proprietary business information.
• Content, data, and materials you provide to us.
• Your existing marketing assets and creative materials.

You grant us a limited, non-exclusive license to use your intellectual property solely as necessary to provide our services to you, as specified in Service Agreements.

5.3 Work Product and Deliverables

Ownership of work product and deliverables created during our engagement will be specified in Service Agreements. Generally:

• Client-specific deliverables: Marketing campaigns, creative assets, reports, and deliverables created specifically for you typically become your property upon full payment, subject to our right to use anonymized data and learnings for our business purposes.
• Pre-existing materials: Our proprietary methodologies, tools, and frameworks remain our property, even when incorporated into deliverables.
• Portfolio use: We may use anonymized examples of our work for marketing and portfolio purposes, unless otherwise agreed in writing.

6. Payments, Fees, and Refund Policy

6.1 Payment Terms

Payment terms, including amounts, schedules, and methods, will be specified in Service Agreements. Common payment structures include:

• Monthly retainers: Fixed monthly fees for ongoing services, typically invoiced in advance.
• Project-based fees: Fixed fees for specific projects or deliverables, often with milestone-based payments.
• Performance-based fees: Fees tied to specific performance metrics, as agreed in Service Agreements.

Media budgets: Advertising spend is paid directly to platforms (Google, Meta, etc.). We do not markup media costs—you pay platforms directly or through approved payment methods.

6.2 Payment Obligations

• All fees are due according to the payment schedule in Service Agreements.
• Late payments may incur interest charges (as specified in Service Agreements) and may result in service suspension or termination.
• You are responsible for all applicable taxes, duties, and fees related to our services, unless otherwise stated.
• We reserve the right to require advance payment or deposits for new clients or large projects.

6.3 Refund Policy

All fees are non-refundable unless:

• Explicitly stated otherwise in a Service Agreement.
• We fail to deliver services as specified in a Service Agreement due to our breach (subject to dispute resolution procedures).
• Required by applicable law or as determined through dispute resolution.

If services are terminated early by either party, fees for services already rendered remain due and payable. Unused prepaid fees may be refunded or credited as specified in Service Agreements.

6.4 Price Modifications

We reserve the right to modify our pricing with reasonable notice (at least 30 days for ongoing services). Price changes will not affect active Service Agreements unless otherwise agreed in writing.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that:

• We will perform our services with reasonable skill, care, and diligence in accordance with industry standards.
• We have the necessary qualifications, licenses, and authority to provide our services.
• Our services will comply with applicable laws and regulations to the extent they relate to our service delivery.

7.2 No Guarantee of Results

Important: We do not guarantee specific marketing results, ROI, revenue increases, or other business outcomes. Marketing results depend on numerous factors beyond our control, including:

• Market conditions, competition, and economic factors.
• Your product quality, pricing, and business operations.
• External events, platform changes, and algorithm updates.
• Your cooperation, approvals, and implementation of our recommendations.
• Industry trends, consumer behavior, and other unpredictable factors.

While we use data-driven methodologies and best practices, past performance does not guarantee future results. Any projections, forecasts, or estimates we provide are based on assumptions and should not be relied upon as guarantees.

7.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR SERVICE AGREEMENTS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

8. Limitation of Liability

8.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISMATICA GROWTH PTE. LTD SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, special, punitive, or exemplary damages.
• Loss of profits, revenue, data, business opportunities, goodwill, or reputation.
• Costs of procurement of substitute services.
• Damages arising from third-party claims.
• Any other losses not directly resulting from our breach of these Terms or a Service Agreement.

8.2 Total Liability Cap

Our total liability for all claims arising from or related to our services, regardless of the legal theory, shall not exceed the total amount you paid to us for the specific services giving rise to the claim in the twelve (12) months preceding the claim, or SGD 10,000, whichever is less.

8.3 Exceptions

The limitations above do not apply to:

• Liability arising from our gross negligence or willful misconduct.
• Liability that cannot be limited or excluded under applicable law.
• Indemnification obligations as set forth in Section 9.

9. Indemnification

You agree to indemnify, defend, and hold harmless PRISMATICA GROWTH PTE. LTD, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services in violation of these Terms or applicable law.
• Your breach of any representation, warranty, or covenant in these Terms or Service Agreements.
• Your infringement of any third-party rights, including intellectual property, privacy, or publicity rights.
• Content, data, or materials you provide to us.
• Your violation of any applicable laws or regulations.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

10. Confidentiality and Data Protection

10.1 Confidential Information

Both parties may receive confidential information from each other during our engagement. "Confidential Information" includes:

• Business plans, strategies, financial information, and proprietary data.
• Marketing data, customer information, and performance metrics.
• Technical information, methodologies, and trade secrets.
• Any information marked as confidential or that would reasonably be considered confidential.

Each party agrees to:

• Keep Confidential Information confidential and not disclose it to third parties without prior written consent.
• Use Confidential Information solely for the purpose of providing or receiving our services.
• Take reasonable measures to protect Confidential Information from unauthorized access or disclosure.

10.2 Exceptions

Confidentiality obligations do not apply to information that:

• Was publicly known before disclosure or becomes publicly known through no breach of these Terms.
• Was rightfully known to the receiving party before disclosure.
• Is independently developed by the receiving party without use of Confidential Information.
• Must be disclosed by law or court order (with reasonable notice to the disclosing party, if permitted).

10.3 Data Protection

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated herein by reference. When we process personal data on your behalf as a data processor, we will do so in accordance with applicable data protection laws and any data processing agreements we enter into.

11. Service Termination

11.1 Termination by You

You may terminate services:

• In accordance with the terms specified in Service Agreements (typically with 30 days' written notice for ongoing services).
• Immediately for our material breach of these Terms or a Service Agreement, if we fail to cure such breach within 30 days of written notice.

11.2 Termination by Us

We may suspend or terminate your access to our services immediately:

• If you breach these Terms or a Service Agreement and fail to cure such breach within 30 days of written notice.
• If you engage in conduct that we deem harmful to our business, reputation, or other clients.
• If you fail to pay fees when due.
• If required by law or to protect our rights or safety.
• For any other reason specified in Service Agreements.

11.3 Effect of Termination

Upon termination:

• Your right to use our services will immediately cease.
• All outstanding fees and expenses become immediately due and payable.
• We will return or delete your data in accordance with our Privacy Policy and Service Agreements, subject to our right to retain certain data as required by law or for legitimate business purposes.
• Sections of these Terms that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 8 (Limitation of Liability), 9 (Indemnification), 10 (Confidentiality), and 13 (Governing Law).

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms or Service Agreements due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, pandemics, acts of God, or war.
• Government actions, regulations, or restrictions.
• Internet or telecommunications failures or disruptions.
• Platform outages, algorithm changes, or third-party service disruptions.
• Labor strikes, civil unrest, or other similar events.

The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact. If force majeure continues for more than 60 days, either party may terminate affected Service Agreements.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising from or relating to these Terms or our services:

• Good Faith Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation for at least 30 days.
• Mediation: If negotiation fails, disputes will be referred to mediation under the Singapore Mediation Centre rules, unless the parties agree otherwise.
• Arbitration: If mediation fails, disputes will be resolved through binding arbitration under the Singapore International Arbitration Centre (SIAC) rules, with one arbitrator appointed in accordance with such rules.
• Jurisdiction: The courts of Singapore shall have exclusive jurisdiction over any matters not subject to arbitration, and for enforcement of arbitration awards.

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property or confidential information.

14. General Provisions

14.1 Entire Agreement

These Terms, together with Service Agreements and our Privacy Policy, constitute the entire agreement between you and PRISMATICA GROWTH PTE. LTD regarding your use of our services and supersede all prior agreements, understandings, or communications.

14.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified through our website or via email when appropriate. Your continued use of our services after changes constitutes acceptance of the modified Terms. If you do not agree to modifications, you must terminate your use of our services.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.4 Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

14.6 Relationship of Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and PRISMATICA GROWTH PTE. LTD. We are independent contractors.

14.7 Notices

Notices under these Terms must be in writing and delivered to the addresses specified in Service Agreements or to our contact information below. Notices may be delivered by email, registered mail, or courier.

14.8 Third-Party Services

Our services may integrate with or use third-party platforms, services, or tools (e.g., Google Analytics, advertising platforms). Your use of such third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their terms.

15. Contact Us

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

PRISMATICA GROWTH PTE. LTD
Contact: Rustams Kozlovskis
Phone: +371 24 978 094
Email: finance@prismatica-growth.com
For legal or contractual inquiries, please include "Terms of Service" in the subject line.

16. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must immediately discontinue use of our website and services.