Terms of Service

1. Introduction

Welcome to Aries Star Marketing OPC. These Terms of Service ("Terms") govern your access to and use of our services, including our website, applications, and other digital products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Aries Star Marketing OPC ("we," "us," or "our") is a global technology solutions provider with headquarters in the Philippines and offices in the UAE and France, specializing in digital transformation and innovative marketing strategies for businesses worldwide.

2. Services

Our Services include, but are not limited to:

• Custom Software Development
• Digital Transformation Consulting
• System Integration & APIs
• AI & Automation Solutions
• Digital Marketing & PPC Campaigns
• Mobile App Development

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

3. Client Obligations

As a client of Aries Star Marketing OPC, you agree to:

1. Provide accurate, complete, and up-to-date information as required for the provision of our Services.
2. Cooperate with us in a timely manner to facilitate the delivery of our Services.
3. Use our Services in compliance with all applicable laws and regulations.
4. Maintain the confidentiality of any account credentials provided to you.
5. Be solely responsible for all activities that occur under your account.

4. Intellectual Property

4.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by Aries Star Marketing OPC, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Client Materials

You retain all rights to any content, data, or materials you provide to us in connection with our Services ("Client Materials"). By providing Client Materials to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such Client Materials solely for the purpose of providing our Services to you.

4.3 Deliverables

Unless otherwise specified in a separate agreement, upon full payment of all applicable fees, you will own all rights to the final deliverables created specifically for you as part of our Services. However, we retain ownership of all pre-existing materials, proprietary tools, methods, and processes used to create such deliverables.

5. Payment Terms

Our fees and payment terms will be specified in a separate agreement or proposal provided to you. Unless otherwise stated:

• All fees are quoted in the currency specified in the agreement and are exclusive of applicable taxes.
• Payment is due within 30 days of invoice date.
• We reserve the right to suspend Services if payment is not received by the due date.
• For ongoing services, we may adjust our fees upon 30 days' written notice.

6. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with our Services ("Confidential Information"). Neither party shall use or disclose such Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms.

This confidentiality obligation shall not apply to information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was known to the receiving party prior to disclosure;
• Was independently developed by the receiving party without use of the disclosing party's Confidential Information; or
• Is required to be disclosed by law or court order, provided that the receiving party gives the disclosing party prompt notice of such requirement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Aries Star Marketing OPC, 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:

1. Your access to or use of or inability to access or use our Services;
2. Any conduct or content of any third party on our Services;
3. Any content obtained from our Services; or
4. Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claim arising from or relating to these Terms or our Services, regardless of the form of the action, shall not exceed the total amount paid by you to us during the six (6) months preceding the claim.

8. Termination

Either party may terminate the Services by providing written notice in accordance with the notice period specified in the separate agreement between the parties. In the absence of such specification, a notice period of 30 days shall apply.

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

Upon termination:

• All rights and licenses granted to you under these Terms shall immediately terminate.
• You shall cease all use of our Services.
• You shall pay all outstanding fees for Services rendered up to the date of termination.
• We shall return or destroy all Client Materials as requested by you, except as required to be retained by law or for legitimate business purposes.

9. Governing Law

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

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Manila, Philippines in accordance with the arbitration rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

10. 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 provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

11. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: legal@ariesstarmarketing.com
• Phone: +63 9544309004
• Address: 8F Room 822, Doña Elena Tower, P. Sanchez. corner 3rd Street, Barangay 606, Sta. Mesa, Manila, 1008, Philippines

Last updated: May 15, 2024