Terms of
Use.
This document governs the rights and obligations between AG360 — DeCaprio Digital Marketing Ltd and its clients across all services, including AI systems, CRM platforms, e-commerce and mobile applications.
By accessing this website and using any services provided by AG360 — DeCaprio Digital Marketing Ltd, you agree to be bound by the following Terms of Use. This document governs the mutual rights and obligations between the Agency and the Client in the delivery of website development, digital marketing, content creation, AI-powered systems, CRM platforms, e-commerce solutions, mobile applications and all related services.
If you do not agree to these Terms, you must refrain from engaging with or using AG360's services. Continued use of the website or services constitutes full acceptance of these Terms.
Scope of Services
These Terms of Use set out the general conditions for the provision of services by AG360, including but not limited to:
- Website design and development
- Digital marketing services (SEO, paid traffic, social media)
- Content creation and management for social media platforms
- CRM integration, automation systems and AI-powered assistants
- E-commerce platforms and virtual store management
- Mobile application development (iOS and Android)
- ERP and business management systems
- Branding and visual identity services
- Procurement and use of licensed images and media assets
Acceptance of Terms
By accessing and using any services provided by AG360 — DeCaprio Digital Marketing Ltd, the Client acknowledges that these Terms of Use are binding and available at www.ag360.co.uk.
Commencement of a project, payment, or continued use of the website constitutes full and unconditional acceptance of these Terms.
Client Responsibilities
📄3.1 — Submission of Content
The Client is solely responsible for all content, images, certifications, information and materials provided to the Agency for publication. By submitting materials, the Client confirms they hold the legal rights to use all content and that it does not infringe on any third-party rights.
✏️3.2 — Alterations and Removal
Should the Client identify any errors or inappropriate materials published on a website or social media platform, they may formally request the Agency to remove or amend such materials within an agreed timeframe.
🖼️3.3 — Responsibility for Images and Copyright
The Client is fully and solely responsible for all content provided. DeCaprio Digital Marketing Ltd cannot be held liable for the accuracy, originality, legal compliance or suitability of provided content. The Client must ensure all materials comply with applicable laws and copyright regulations.
⚖️3.4 — Indemnification
The Client agrees to indemnify and hold harmless DeCaprio Digital Marketing Ltd from any claims, damages or expenses arising from the use of content provided by the Client.
🔒3.5 — Content Ownership and Compliance
By submitting any materials, the Client warrants that they own or have secured all necessary rights, licences and permissions. The Client agrees to provide documentation upon request to confirm compliance with copyright or intellectual property laws.
DeCaprio Digital Marketing Ltd reserves the right to reject any content deemed inappropriate, illegal or potentially harmful, at its sole discretion and without liability to the Client.
Agency Responsibilities
🎨4.1 — Use of Licensed Images
The Agency, through its active licence with Adobe Stock and other licensed providers, may use professional images for contracted projects at no additional cost to the Client. All images provided are legally cleared for commercial use.
🌐4.2 — Content Publishing
The Agency will publish the materials provided by the Client in accordance with their instructions. The Agency is not responsible for legally or technically reviewing the content submitted by the Client beyond what is reasonably observable.
Limitation of Liability
The Agency shall not be held liable for any direct, indirect or consequential damages resulting from:
- Incorrect or inappropriate content provided by the Client
- The use of images or information submitted without proper authorisation
- Issues arising from third-party services, platforms or providers
- Technical issues beyond the Agency's reasonable control, including server failures, internet outages or cyberattacks
Term & Termination
- These Terms become effective once the Client engages or uses the Agency's services
- The Client may request service termination by providing written notice, subject to any existing contractual agreements
- The Agency reserves the right to suspend or terminate services in cases of non-payment, breach of these Terms, or harmful conduct
Changes to These Terms
The Agency reserves the right to modify these Terms at any time without prior notice. Changes will be published on the Agency's website and take effect upon publication. Continued use of services after changes constitutes acceptance of the revised Terms.
Privacy & Confidentiality
All Client-provided information is treated as strictly confidential and used solely for the purposes of contracted services, in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Refer to our Privacy Policy for full details.
General Provisions
- These Terms do not override specific contracts agreed with the Client for individual projects
- Any clause deemed illegal or invalid shall not affect the validity of the remaining clauses
- Failure to enforce any provision shall not constitute a waiver of that provision
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Acceptance by Payment
By proceeding with any payment to AG360 — DeCaprio Digital Marketing Ltd, the Client explicitly acknowledges and agrees to be bound by these Terms of Use, available at www.ag360.co.uk.
AI & Automation Services New
This clause governs the use of artificial intelligence tools, automated systems and AI-powered assistants — including but not limited to Mr Harry, AI-generated content, automated marketing workflows and AI-integrated CRM systems — delivered as part of AG360's service offering.
🤖12.1 — Nature of AI Outputs
AI-generated content, recommendations, responses and automated decisions produced by AG360 systems — including Mr Harry — are provided on an "as-is" basis. The Agency does not guarantee the accuracy, completeness, suitability or fitness for purpose of any AI-generated output.
The Client acknowledges that AI systems operate probabilistically and may produce outputs that require human review and validation before operational use. It is the Client's sole responsibility to review, verify and approve any AI-generated content prior to publication or business use.
📊12.2 — Client Data Used in AI Training & Configuration
Where the Client provides business data, FAQs, product information, customer profiles or other materials for the purpose of configuring or training AI systems, the Client warrants that they hold all necessary rights and permissions to share such data with the Agency.
AG360 will use this data exclusively to configure and operate AI systems on behalf of the Client and will not share, sell or use it for any purpose outside the agreed scope of services.
🔗12.3 — Third-Party AI Platforms
AG360's AI services may be built upon or integrated with third-party platforms including OpenAI, Google AI, Meta AI and others. The Client acknowledges that use of these systems is subject to the terms and conditions of the respective platform providers. AG360 shall not be held liable for changes, outages, policy updates or limitations imposed by third-party AI providers.
⚡12.4 — Automation Workflows
Automated workflows, including email sequences, WhatsApp automations, lead scoring and CRM triggers, are configured based on the Client's brief and approved logic. AG360 shall not be liable for unintended communications, missed triggers or workflow errors resulting from inaccurate data, incorrect configurations specified by the Client, or third-party platform changes.
🚫12.5 — Prohibited AI Use
The Client must not use AG360's AI systems or outputs to generate content that is unlawful, defamatory, discriminatory, deceptive or in violation of any applicable law or regulation. The Agency reserves the right to immediately suspend AI services in the event of misuse, without liability and without refund.
AI systems, including Mr Harry, do not constitute legal, financial, medical or professional advice of any kind. Any outputs should be independently verified before being relied upon for business decisions. AG360 accepts no liability for decisions made based solely on AI-generated recommendations.
CRM & Client Data Management New
This clause applies to all Customer Relationship Management (CRM) platforms implemented, configured or managed by AG360 on behalf of the Client, including Zoho CRM, HubSpot, Salesforce, Perfex and any proprietary systems developed by the Agency.
👤13.1 — Data Ownership
All customer data, contact records, deal information and business data entered into or imported into the CRM system on behalf of the Client remains the sole property of the Client at all times. AG360 acts as a data processor on the Client's behalf and holds no ownership rights over Client data.
🔐13.2 — Data Security & Access
AG360 implements industry-standard security measures to protect CRM data, including encrypted connections, role-based access controls and secure hosting infrastructure. The Client is responsible for maintaining the security of their own login credentials and for immediately notifying AG360 of any suspected unauthorised access.
📦13.3 — Data Export & Portability
Upon written request, AG360 will provide the Client with a complete export of their CRM data in a standard format (CSV, XLSX or JSON) within 10 business days. This right to data portability is in accordance with the Client's rights under UK GDPR Article 20.
🗓️13.4 — Data Retention
Upon termination of services, AG360 will retain the Client's CRM data for a period of 90 days, during which the Client may request an export. After this period, data will be permanently and securely deleted unless otherwise agreed in writing. AG360 will provide written confirmation of data deletion upon request.
🔄13.5 — Third-Party CRM Platforms
Where CRM services are delivered through third-party platforms (Zoho, HubSpot, Salesforce etc.), the Client acknowledges that their data is also subject to the terms and privacy policies of those platform providers. AG360 is not responsible for changes to third-party platform terms, pricing, feature availability or data handling practices.
📋13.6 — GDPR & Compliance
The Client is responsible for ensuring their use of the CRM system — including the collection, storage and processing of customer data — complies with all applicable data protection laws, including UK GDPR. AG360 will provide reasonable technical support to assist with compliance, but the Client remains the Data Controller and bears ultimate responsibility for lawful data processing.
E-Commerce & Virtual Stores New
This clause governs the development, deployment and ongoing management of e-commerce platforms, virtual stores and online retail environments built and operated by AG360 on behalf of the Client.
🛒14.1 — Store Ownership & Control
Upon full payment and delivery of the agreed e-commerce platform, the Client holds full ownership and control of their virtual store, including all products, content and customer data therein. AG360 retains no ownership interest in the delivered platform.
💳14.2 — Payment Gateways & Transactions
AG360 will integrate payment gateway solutions (including Stripe, PayPal, Square and others) as specified in the project brief. All transaction fees, merchant agreements and financial compliance obligations are the sole responsibility of the Client. AG360 does not process, hold or manage Client funds at any time and is not liable for payment gateway outages, disputed transactions, chargebacks or fraudulent orders.
📦14.3 — Products, Stock & Inventory
The Client is solely responsible for the accuracy of all product listings, pricing, descriptions, stock levels and availability displayed on their store. AG360 shall not be held liable for overselling, incorrect pricing, out-of-stock situations or fulfilment failures arising from inaccurate inventory data provided by or managed by the Client.
↩️14.4 — Returns, Refunds & Consumer Rights
The Client is responsible for establishing and publishing a compliant returns and refund policy on their store, in accordance with the Consumer Contracts Regulations 2013 (UK) and all applicable consumer protection legislation. AG360 provides no legal advice on consumer rights compliance and is not liable for the Client's failure to comply with consumer protection laws.
🔗14.5 — Marketplace & Third-Party Integrations
Integrations with third-party marketplaces (Amazon, eBay, Etsy and others) are configured based on the Client's brief and the APIs available at the time of delivery. AG360 shall not be liable for changes to third-party marketplace policies, API modifications, de-listings or account suspensions enacted by marketplace operators.
🔐14.6 — PCI Compliance & Security
AG360 will implement industry-standard security measures for e-commerce platforms, including SSL certificates and secure checkout flows. However, the Client is responsible for maintaining PCI DSS compliance requirements applicable to their merchant account and for ensuring ongoing platform security following handover of the store.
🌍14.7 — Multi-Currency, VAT & Tax
Where multi-currency or tax calculation features are implemented, the Client is solely responsible for ensuring that pricing, VAT rates and tax configurations are accurate and compliant with HMRC requirements and the tax laws of all jurisdictions in which they sell. AG360 is not a tax adviser and accepts no liability for tax miscalculations or non-compliance.
The Client is responsible for ensuring their online store complies with all applicable UK trading standards, Consumer Contracts Regulations, distance selling rules and sector-specific regulations. AG360 recommends independent legal review of all e-commerce terms and conditions prior to launch.
Mobile Application Development New
This clause governs the design, development, delivery and post-launch support of mobile applications for iOS and Android platforms built by AG360 on behalf of the Client.
📱15.1 — App Ownership & Intellectual Property
Upon full payment of the agreed project fee, the Client is granted full ownership of the custom-developed codebase and design assets for their application. AG360 retains the right to use the application in its portfolio unless explicitly agreed otherwise in writing. Third-party libraries, SDKs or frameworks used in development remain subject to their respective open-source or commercial licences.
🍎15.2 — App Store Submission & Approval
AG360 will prepare and submit the application to the Apple App Store and/or Google Play Store on behalf of the Client. However, the approval, rejection or removal of the application is at the sole discretion of Apple Inc. and Google LLC respectively. AG360 cannot guarantee approval and shall not be liable for rejection, delays in review or removal of the application by platform operators.
The Client must hold valid developer accounts with Apple and/or Google. Fees associated with developer accounts are the sole responsibility of the Client.
🔄15.3 — Updates & Operating System Compatibility
Mobile operating systems (iOS and Android) are subject to frequent updates by Apple and Google. AG360 is not responsible for compatibility issues arising from OS updates that occur after the application has been delivered and accepted by the Client. Maintenance and update services are available as a separate ongoing retainer agreement.
🔔15.4 — Push Notifications & User Data
Where the application includes push notification functionality, the Client is responsible for obtaining valid consent from end users in compliance with UK GDPR and PECR (Privacy and Electronic Communications Regulations). AG360 will implement the technical infrastructure but the Client bears full legal responsibility for the lawful use of push notifications and in-app data collection.
💰15.5 — In-App Purchases & Subscriptions
Where in-app purchases or subscription billing are implemented, the Client acknowledges that Apple and Google charge a commission on all transactions processed through their respective billing systems. These fees are the sole responsibility of the Client. AG360 is not liable for changes to commission rates or billing policies enacted by Apple or Google.
🔐15.6 — App Security & Data Protection
AG360 will implement security best practices throughout the development process, including encrypted data transmission and secure API integration. Following handover, the Client is responsible for maintaining the security of backend credentials, API keys and user data. AG360 shall not be liable for security breaches resulting from the Client's failure to maintain adequate post-delivery security practices.
The Client is responsible for ensuring the application's content, functionality and business model comply with the Apple App Store Review Guidelines and the Google Play Developer Policy. AG360 will advise on known compliance requirements but cannot guarantee policy compliance in all jurisdictions. Policy violations resulting in app removal remain the sole responsibility of the Client.
Questions about these Terms?
Contact our team — we respond within 24 hours on business days.
