MDMA Digital

Terms of Service

Last Updated: March 15, 2024

Please read these Terms of Service (“Terms”) carefully before using the mdmadigital.com website or any services offered by MDMA Digital.

1. Acceptance of Terms

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Services

MDMA Digital provides social media marketing and digital strategy services. The specific services will be detailed in a separate agreement or proposal.

Our services include, but are not limited to:

  • Social media management and strategy
  • Content creation for digital platforms
  • Digital advertising campaign management
  • Social media growth services
  • Digital marketing consulting

3. Use of Our Website

You agree to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website.

Prohibited behavior includes, but is not limited to:

  • Using our website in any way that breaches applicable local, national, or international laws or regulations
  • Using our website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material
  • Knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempting to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website

4. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of MDMA Digital or its content suppliers and is protected by copyright and other intellectual property laws.

You may not use, reproduce, distribute, modify, or create derivative works from any content from our website without our express written permission.

5. User Content

If you submit any content to our website or services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content.

You represent and warrant that you own or have the necessary rights to the content you submit and that the content does not infringe any third party's intellectual property rights.

6. Payment and Fees

Payment terms for our services will be outlined in a separate agreement or proposal. All payments are non-refundable unless otherwise specified.

For recurring services, we may require automatic payment methods. You agree to keep your payment information current and authorize us to charge your payment method for the services you have subscribed to.

7. Limitation of Liability

MDMA Digital will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Our maximum liability for any claim arising from or related to these Terms or our services shall not exceed the amount you paid us for the services giving rise to the claim in the six months preceding the event giving rise to the liability.

8. Indemnification

You agree to indemnify, defend, and hold harmless MDMA Digital from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with your access to or use of our website or services.

9. Termination

We may terminate or suspend your access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Data Protection and GDPR Compliance

We are committed to protecting your personal data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR).

When processing personal data, we adhere to the following principles:

  • Processing personal data lawfully, fairly, and transparently
  • Collecting personal data only for specified, explicit, and legitimate purposes
  • Ensuring personal data is adequate, relevant, and limited to what is necessary
  • Keeping personal data accurate and up to date
  • Storing personal data for no longer than necessary
  • Processing personal data securely, protecting against unauthorized or unlawful processing and against accidental loss, destruction, or damage

For more information on how we process your personal data, please refer to our Privacy Policy.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the “Last Updated” date.

Your continued use of our website or services after any such changes constitutes your acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Contact Us

If you have any questions about these Terms, please contact us at legal@mdmadigital.com.