1. Acceptance of Terms
By accessing and using the MarketShift website ("Service"), operated by MarketShift ("we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms of Service constitute a legally binding agreement between you and MarketShift, governing your access to and use of our website, services, and related applications. We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting to our website.
2. Description of Service
MarketShift provides digital marketing services, consultation, and solutions designed to help businesses optimize their online presence and grow their market reach. Our services include but are not limited to SEO optimization, content marketing, social media management, and strategic consulting.
We reserve the right to modify, suspend, or discontinue any aspect of our service at any time. While we strive to provide uninterrupted service, we cannot guarantee that our website will always be available or error-free. Scheduled maintenance, updates, or technical issues may temporarily affect service availability.
3. User Accounts and Registration
To access certain features of our service, you may be required to register for an account. You must provide accurate, complete, and current information during registration and update such information to keep it accurate and current.
You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to terminate accounts that we believe have violated these Terms of Service.
Account Security Requirements:
- Use a strong, unique password
- Enable two-factor authentication when available
- Do not share account credentials with others
- Log out from shared devices
4. Acceptable Use Policy
You agree not to use our service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. You also agree not to attempt to gain unauthorized access to any part of our service or to other users' accounts.
Prohibited activities include but are not limited to:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting viruses, malware, or harmful code
- Engaging in spam, phishing, or fraudulent activities
- Attempting to reverse engineer our software
- Using automated systems to access our service without permission
5. Intellectual Property Rights
The service and its original content, features, and functionality are and will remain the exclusive property of MarketShift and its licensors. The service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
All content, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of MarketShift or its content suppliers and is protected by international copyright laws.
6. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices regarding the collection, use, and disclosure of your personal information.
By using our service, you consent to the collection and use of information in accordance with our Privacy Policy. We are committed to protecting your personal data and ensuring compliance with applicable data protection laws.
7. Service Fees and Payment Terms
Certain features of our service may be subject to fees. You agree to pay all applicable fees as described on our website at the time you register for such features. All fees are non-refundable except as expressly stated in these terms or required by law.
We reserve the right to change our fees at any time. If we increase fees for our service, we will provide you with reasonable notice of such changes. Continued use of our service after the effective date of such changes constitutes your acceptance of the new fees.
Payment Information:
All payments are processed securely through our approved payment processors. We accept major credit cards and other payment methods as displayed on our website.
Payment terms and refund policies may vary based on the specific service package selected.
8. Disclaimers and Limitation of Liability
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, MarketShift excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) which might have effect in relation to this website.
In no event shall MarketShift, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.
Important Notice:
Our liability is limited to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless MarketShift and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
10. Termination
We may terminate or suspend your account and access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
If you wish to terminate your account, you may simply discontinue using our service and contact us to request account deletion. Upon termination, your right to use the service will cease immediately.
11. Governing Law
These Terms shall be interpreted and governed by the laws of the Philippines, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Any disputes arising from these Terms or your use of our service shall be subject to the exclusive jurisdiction of the courts located in Davao City, Philippines. You agree to submit to personal jurisdiction in these courts for the purpose of litigating all such claims.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
Your continued use of our service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, you are no longer authorized to use our service.
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14. Contact Information
If you have any questions about these Terms of Service, please contact us using the information below:
Company Information
MarketShift
Quirino Avenue, Davao City 8000
Davao del Sur, Philippines
Additional Legal Information
Legal Compliance
We comply with all applicable laws and regulations in the jurisdictions where we operate.
Data Protection
Your data is protected according to international data protection standards.