6. Disclaimer and Limitation of Liability.To the fullest extent permitted by law, ETD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, ETD disclaims all guarantees regarding positioning, levels, quality, or timing of:

• (i) costs per click;

• (ii) click-through rates;

• (iii) availability and delivery of any impressions, Creative, or Targets on any ETD Property, Google Property, Google Partner Property, or section thereof;

• (iv) clicks;

• (v) conversions or other results for any ads or Targets;

• (vi) the accuracy of Partner data (e.g., reach, size of audience, demographics, or other purported characteristics of the audience);

• (vii) the adjacency or placement of ads within a Program.

Customer understands that third parties may generate impressions or clicks on Customer's ads for prohibited or improper purposes, and Customer accepts the risk of any such impressions and clicks. Customer's exclusive remedy, and ETD's exclusive liability, for suspected invalid impressions or clicks is for Customer to make a claim for a refund in the form of advertising credits for ETD Service within the time period required under Section 7 below. Any refunds for suspected invalid impressions or clicks are within ETD’s sole discretion.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER’S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW:

• (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; and

• (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GOOGLE BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM.

Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation acts of God, government, terrorism, natural disaster, labor conditions, and power failures. Additionally, if Customer provides their log in and password for an existing account that may or may not be linked to an email account, Customer accepts all risk and understands that ETD may share that information with its subcontractors and/or employees for the purpose of providing the requested services.

7. Agency.Customer represents and warrants that (a) it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises (a “Principal”), (b) as between Principal and Customer, the Principal owns any rights to Program information in connection with those ads, and (c) Customer shall not disclose Principal’s Program information to any other party without Principal’s consent.

8. Payment. Customer shall be responsible for all charges up to the amount of each Invoice and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Payment shall occur via automatic credit card withdrawal in advance of services. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms on the applicable Invoice. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying (y) all taxes and government charges and (z) reasonable expenses and attorney's fees ETD incurs collecting late amounts.

To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks) unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on ETD’s measurements for the applicable Program, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of ETD and include situations where Google pauses or suspends ad campaigns due to website violation of Google Ads Advertising Policies or functionality of Customer website. Refunds may be in the form of advertising credit for only ETD Services at ETD’s sole discretion. Nothing in these Terms or an Invoice may obligate ETD to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to ETD may be shared by ETD with companies who work on ETD’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ETD, and servicing Customer's account. ETD may also provide information in response to valid legal process, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. ETD shall not be liable for any use or disclosure of such information by such third parties.

9. Indemnification. Customer shall indemnify and defend ETD, its Partners, agents, affiliates, and licensors from any third-party claim or liability (collectively, “Liabilities”), arising out of Use, Customer’s Program use, Targets, Creative, and Services and breach of the Agreement. Partners shall be deemed third-party beneficiaries of the above Partner indemnity.

10. Miscellaneous.THE AGREEMENT MUST BE CONSTRUED AS IF BOTH PARTIES JOINTLY WROTE IT AND GOVERNED BY TEXAS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ETD PROGRAM(S) SHALL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF TEXAS, USA, AND ETD AND CUSTOMER CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

The Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and replaces any other agreements, terms, and Conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g., reference to a purchase order number) or oral discussion are void. Each party shall not disclose the terms or Conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule, or regulation. Customer may grant approvals, permission, extensions, and consents by email, but any modification by Customer to the Agreement must be made in writing executed by both parties.

Any notices to ETD must be sent to Easy to Develop, PO Box 1234, Austin, TX 78701, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Customer may not assign any of its rights hereunder, and any such attempt is void. ETD and Customer and Google and Partners are not legal partners or agents but are independent contractors.

In the event that these Terms or a Program expires or is terminated, ETD shall not be obligated to return any materials to Customer. Notice to Customer may be affected by sending an email to the email address specified in Customer’s account or by posting a message to Customer’s account interface, and is deemed received when sent (for email) or no more than 15 days after having been posted (for messages in Customer’s Google Ads interface). ETD may use Customer’s name, business name, pictures, company logo, and/or videos in its marketing materials to promote or publicize ETD.

Easy to Develop, LLC ("ETD") values our relationship with our clients and strives to provide the highest quality services. The following Refund Policy applies to all services provided by ETD to the Customer:

1. General Refund Eligibility: If the Customer is not satisfied with the services provided, the Customer may request a refund. All refund requests must be submitted in writing within 30 days of the service delivery date. ETD will review each request on a case-by-case basis and determine eligibility based on service delivery and performance.

2. Non-Refundable Services: Certain services, including but not limited to, completed services, third-party costs, and expenses incurred are non-refundable. This includes any services for which ETD has begun the work or incurred costs on behalf of the Customer.

3. Refund Process: If a refund is approved, ETD will process the refund within a designated timeframe and credit the original payment method used by the Customer unless otherwise agreed upon.

4. Amendment Regarding Campaign Setup:  

• (a) Commencement of Services: The Client's payment for the service constitutes agreement to the terms of service provision. Service setup, including the creation of advertising campaigns, begins immediately upon receipt of payment from the Client.

• (b) Client's Responsibility: It is the Client's responsibility to provide all necessary information and responses in a timely manner to enable ETD to proceed with the service setup and campaign activation.

• (c) Agency's Fulfillment of Obligations: ETD's obligations for the setup of the advertising campaign are considered fulfilled once the campaign is prepared and ready for launch, regardless of the Client's responsiveness in providing the required information.

• (d) Non-Refundable Services Due to Non-Communication: In the event that the Client becomes unresponsive or fails to provide necessary information, resulting in the inability to activate the campaign, the services rendered up to that point are non-refundable.

• (e) Dispute Resolution: ETD is committed to working with the Client to resolve any issues and encourages maintaining open communication. If there are extenuating circumstances that have led to a delay or pause in communication, the Client is urged to contact ETD to discuss potential resolutions.

ETD reserves the right to modify this Refund Policy at any time. Continued use of ETD's services after the Refund Policy has been modified constitutes acceptance of the new terms.

For any questions or concerns regarding our Refund Policy, please contact ETD's customer service department.