Please read these Terms of Service ("Terms") carefully before using any services provided by Calyx Digital ("Calyx", "we", "us", or "our"). By accessing or using our websites, products, and digital marketing services, you agree to be bound by these Terms.
Last updated: 17 February 2026
This summary is provided for convenience only. You should read the full Terms that follow.
We provide digital marketing strategy, media buying, creative services, analytics, and related consulting based on a written proposal or service agreement.
You provide timely access to your accounts and data, ensure you have rights to all materials you share, and use our work in compliance with applicable laws.
Services are provided “as is”, results are not guaranteed, and our liability is limited to the maximum extent permitted by law.
By accessing or using any services offered by Calyx Digital, including but not limited to strategy, consulting, campaign management, media buying, creative services, analytics, and access to any client portal or reporting tools (collectively, the "Services"), you agree to be bound by these Terms and any additional terms referenced herein or presented at the time of engagement (such as a proposal, order form, or master services agreement). If you do not agree to these Terms, you must not use the Services.
You may use the Services only if you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
The specific scope, deliverables, timelines, and fees for our engagement will be defined in a written proposal, order form, or statement of work ("SOW") agreed to by both parties. In the event of any conflict between these Terms and an SOW or other written agreement, the terms of the SOW or written agreement will control for that engagement.
To enable us to deliver the Services effectively, you agree to:
We are not responsible for delays or performance issues caused by your failure to fulfill these responsibilities.
You agree to pay all fees specified in the applicable proposal, SOW, or order form. Unless otherwise stated in writing:
The term of our engagement will be specified in the applicable SOW or agreement. Unless otherwise specified, ongoing retainers automatically renew month-to-month until terminated by either party with written notice (typically 30 days).
Either party may terminate the engagement:
Upon termination, you agree to pay for all Services performed and committed costs (including media spend and third-party tools) incurred up to the effective date of termination.
Unless explicitly stated otherwise in an SOW or separate written agreement:
Each party may have access to information that is confidential to the other party ("Confidential Information"). Confidential Information includes, without limitation, business plans, financial information, customer data, marketing strategies, trade secrets, and any non-public information designated as confidential or that reasonably should be understood to be confidential.
Each party agrees to use the other party’s Confidential Information solely for purposes of performing its obligations under the engagement and to protect such information using at least the same degree of care it uses to protect its own confidential information (and no less than reasonable care). This obligation does not apply to information that is or becomes publicly available without breach, was already known to the receiving party, is independently developed, or is required to be disclosed by law or court order (in which case, the receiving party will provide prompt notice where legally permitted).
Both parties agree to comply with applicable data protection and privacy laws in connection with the Services. Our collection and use of personal data in connection with our website and marketing activities is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
To the extent Calyx Digital processes personal data on your behalf as a processor or service provider, the parties may enter into a separate data processing agreement (DPA) where required by law.
Our Services frequently rely on third-party platforms and tools (e.g., Meta, Google, LinkedIn, TikTok, email service providers, CRM systems, analytics tools, and landing page builders). You acknowledge and agree that:
Digital marketing performance is influenced by many factors beyond our control, including market conditions, competition, your product and pricing, and platform policies. While we aim to deliver excellent work and optimize for strong performance, we do not and cannot guarantee specific results (such as a particular number of leads, revenue, or return on ad spend). Any examples of past results are illustrative only and not a promise or guarantee of future performance.
Except as expressly set out in these Terms or an SOW, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Calyx Digital expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
To the maximum extent permitted by law, in no event will Calyx Digital, its directors, employees, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Services or these Terms, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the total fees actually paid by you to Calyx Digital for the Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Calyx Digital and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Unless otherwise agreed in writing, you grant Calyx Digital permission to use your name, logo, and non-confidential results of the engagement (such as case studies and performance metrics, where appropriate) for marketing and promotional purposes, including on our website, in proposals, and in presentations. We will not disclose your Confidential Information without your prior consent.
These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the jurisdiction in which Calyx Digital is incorporated, without regard to its conflict-of-law principles. The parties agree to attempt to resolve any dispute informally and in good faith before initiating formal proceedings. If the dispute cannot be resolved amicably, the parties agree to the exclusive jurisdiction and venue of the courts located in that jurisdiction, unless otherwise required by applicable law.
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we do, we will revise the "Last updated" date at the top of this page. The updated Terms will become effective when posted. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
Entire Agreement. These Terms, together with any applicable SOWs, proposals, order forms, and referenced policies (such as our Privacy Policy), constitute the entire agreement between you and Calyx Digital regarding the Services and supersede any prior agreements or understandings, whether written or oral.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, or sale of assets.
No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions about these Terms of Service or how they apply to your engagement with Calyx Digital, you can contact us at [email protected] or via the contact details provided in your agreement.