These Terms of Service ("Terms") govern your access to and use of the website operated by Dynamo Performance ("Dynamo Performance", "we", "us", or "our") and the paid advertising and marketing services we provide. By accessing this website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the website or our services.
Dynamo Performance is a performance marketing agency that plans, builds, manages and optimizes paid advertising campaigns on platforms including Google Ads and Meta (Facebook and Instagram), designs and builds landing pages, and implements conversion tracking and CRM workflows on behalf of our clients.
Our services may include, without limitation: Google Ads and Meta Ads campaign strategy, setup, management and optimization; audience research and segmentation; landing page design and build (including via Unbounce); conversion tracking and analytics implementation; CRM and lead-routing setup; and reporting. The specific scope, deliverables, fees and timelines for any engagement are defined in a separate written agreement, proposal or statement of work between you and Dynamo Performance. Where those documents conflict with these Terms, the signed agreement controls.
To deliver our services, you agree to grant us the access we reasonably require, which may include access to your advertising accounts (such as Google Ads and Meta Business Manager), analytics, website, CRM and related platforms. You are responsible for ensuring that any materials, claims, products and offers you provide are accurate, lawful and comply with the advertising policies of the relevant platforms. You remain the owner of your advertising accounts and underlying data.
Our services depend on third-party advertising and software platforms, including Google Ads, Meta, Google Analytics and Unbounce. Your use of those platforms is also governed by their respective terms and policies. We are not responsible for changes, outages, account suspensions, policy decisions or pricing imposed by those platforms. We operate in accordance with applicable platform policies, including the Google Ads policies and, where relevant, the Google Ads API Terms and Conditions.
Fees, billing frequency and payment terms are set out in your engagement agreement. Advertising media spend is separate from our management fees and is billed by the advertising platforms directly to you unless otherwise agreed in writing. Late or failed payments may result in suspension of services.
Digital advertising performance depends on many factors outside our control, including market conditions, competition, your products, pricing and platform algorithms. While we apply proven methods and work diligently to improve results, we do not guarantee any specific level of sales, leads, revenue, return on ad spend or other outcomes. Any examples, case studies or figures shown on this website reflect past results for specific clients and are not a promise of future performance.
All content on this website, including text, graphics, logos and design, is the property of Dynamo Performance or its licensors and is protected by applicable intellectual property laws. Deliverables created for a client are governed by the applicable engagement agreement. You may not copy, reproduce or republish website content without our prior written consent.
Each party agrees to protect the other's confidential information disclosed in the course of an engagement and to use it only for the purpose of delivering or receiving the services.
To the maximum extent permitted by law, Dynamo Performance shall not be liable for any indirect, incidental, special or consequential damages, or for lost profits, revenue or data, arising out of or in connection with the website or our services. Our total aggregate liability for any claim shall not exceed the fees paid by you to Dynamo Performance for the services giving rise to the claim in the three (3) months preceding the event.
Either party may terminate an engagement in accordance with the terms of the applicable agreement. We may suspend or terminate your access to the website at any time if you breach these Terms.
These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Montreal, Quebec, Canada shall have jurisdiction over any dispute arising from these Terms, subject to any alternative dispute resolution agreed in writing.
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.
If you have questions about these Terms, contact us at hello@dynamoperformance.com.