Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding agreement between Masaar Media ("we", "us", "our"), a digital marketing agency operating in the Arab Republic of Egypt, and the individual or entity ("Client", "you") who engages Masaar Media for services described below.

By signing a service agreement, authorising our platform to access your social media accounts, or otherwise engaging our services, you agree to these Terms. If you do not agree, do not engage our services.

These Terms should be read together with our Privacy Policy, which governs how we handle personal data.

2. Services Description

Masaar Media provides digital marketing agency services, including but not limited to:

• Social media content management — creation, scheduling, and publication of organic content (videos, photo carousels, static images, captions) to client-owned social media accounts on platforms including TikTok, Instagram, and Facebook.
• Paid media management — setup, management, and optimisation of paid advertising campaigns on behalf of clients within client-owned or client-authorised advertising accounts.
• Landing page and web infrastructure — deployment and maintenance of campaign landing pages at client-specific subdomains.
• Strategy and creative services — content strategy, creative direction, and performance reporting as agreed in each client engagement.

The specific scope of services for each client is defined in a separate written service agreement or statement of work. These Terms govern all engagements unless explicitly superseded in writing.

3. Client Account Ownership

Clients always retain full ownership of their social media accounts, Business Managers, ad accounts, pixels, and any associated platform assets.

Specifically:

• Masaar Media takes Partner-level or delegated access only. We do not take administrative ownership of client accounts.
• All social media accounts connected to our publishing platform remain the property and responsibility of the client.
• All Meta Business Managers, ad accounts, and Meta Pixels used in campaigns are owned by the client (or their designated Business Portfolio). Masaar Media operates as an agency partner with appropriate access permissions.
• All TikTok accounts connected via OAuth remain entirely under the client's control. The client may revoke our access at any time via their TikTok account settings without notice to us.
• Upon termination of the engagement, all access granted to Masaar Media is revoked. We will not retain any partner or admin access to client accounts after the engagement ends.

Clients are responsible for maintaining the security of their own account credentials and should revoke all agency access immediately if they believe their accounts have been compromised.

4. Content Approval Responsibility

No content is published to a client's account without the client's explicit prior approval.

• Masaar Media prepares content (captions, media assets, scheduling times) and submits it to the client for review and sign-off before any publication occurs.
• The client is solely responsible for ensuring that approved content complies with applicable laws (including Egyptian advertising law, consumer protection regulations, and industry-specific requirements), platform community guidelines (TikTok Community Guidelines, Meta Community Standards), and any applicable third-party intellectual property rights.
• By approving content for publication, the client confirms they have the necessary rights, licences, and permissions for all content elements including images, music, footage, brand assets, and text.
• Masaar Media is not liable for regulatory, legal, or platform-enforcement consequences arising from client-approved content.

5. Acceptable Use

Clients must not use Masaar Media's services to:

• Publish content that is false, deceptive, or likely to mislead consumers.
• Violate the terms of service, community guidelines, or advertising policies of any social media platform.
• Infringe any third-party intellectual property, privacy, or personality rights.
• Publish content that is unlawful under Egyptian law or applicable international law, including content that is defamatory, obscene, or incites violence or discrimination.
• Use our platform access to export, scrape, or otherwise misappropriate data from connected social media accounts beyond what is required for the agreed services.
• Authorise our platform on behalf of accounts the client does not own or have legal authority to manage.

Masaar Media reserves the right to refuse or remove content that, in our reasonable judgement, violates these restrictions, without liability to the client.

6. Limitation of Liability

To the maximum extent permitted by Egyptian law:

• Masaar Media's total liability to a client for any claim arising from our services is limited to the total fees paid by that client to Masaar Media in the three calendar months immediately preceding the claim.
• Masaar Media is not liable for any indirect, consequential, incidental, or punitive damages, including lost profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.
• Masaar Media is not liable for platform policy changes, account restrictions, or enforcement actions taken by TikTok, Meta, or any other social media platform against a client's account, including but not limited to account suspension or content removal.
• Masaar Media is not liable for downtime, data loss, or service interruptions caused by third-party platforms (TikTok, Meta, Vercel, Cloudflare) or by events outside our reasonable control (force majeure).
• Masaar Media is not liable for any failure to publish content arising from the client's revocation of platform access or expiry of access tokens where the client has not renewed authorisation.

7. Fees and Payment

Fees for each engagement are defined in the written service agreement or statement of work. Unless otherwise agreed in writing:

• Invoices are issued monthly in advance.
• Payment is due within 14 calendar days of the invoice date.
• Masaar Media reserves the right to suspend services (including pausing scheduled publishing) if payment is more than 14 days overdue, without liability for any resulting missed posts or campaign performance impacts.
• All fees are exclusive of VAT and any applicable Egyptian taxes, which are added at the prevailing rate.

8. Confidentiality

Each party agrees to keep confidential any non-public information shared by the other party in the course of the engagement ("Confidential Information"), and not to disclose it to any third party without the disclosing party's prior written consent, except:

• As required by law or court order.
• To employees or contractors of Masaar Media who need it to deliver the services and are bound by equivalent confidentiality obligations.

This obligation survives termination of the engagement for a period of two years.

9. Termination

Either party may terminate an engagement by giving 30 days' written notice to the other party. Written notice by email to the agreed contact address is sufficient.

Masaar Media may terminate immediately, without notice, if:

• The client is in material breach of these Terms and has not remedied the breach within 7 days of written notice.
• The client requests publication of content that Masaar Media reasonably considers unlawful or in violation of platform policies.
• The client fails to pay fees and the overdue amount is not settled within 30 days of the original due date.

Upon termination (for any reason):

• All Masaar Media access to client social media accounts is revoked (by the client via platform settings) and will be surrendered by Masaar Media within 7 days.
• Fees accrued up to the termination date remain payable.
• Any unused fees paid in advance for periods after the termination date are refundable on a pro-rata basis.
• Client data (including stored OAuth tokens) is deleted within 30 days of termination, as described in our Privacy Policy.

10. Intellectual Property

Unless otherwise agreed in the service agreement:

• Content (videos, photos, captions) created by Masaar Media for a client and approved for publication becomes the client's property upon full payment of the relevant invoice.
• Masaar Media retains ownership of its own tools, templates, methodologies, workflows, and proprietary processes.
• Clients may not reproduce, resell, or redistribute Masaar Media's internal tools or templates.
• Masaar Media may include anonymised and aggregated performance metrics from client campaigns in its own portfolio and marketing materials, provided no client-identifying information is disclosed without the client's written consent.

11. Governing Law and Disputes

These Terms are governed by the laws of the Arab Republic of Egypt. Any dispute arising from or in connection with these Terms that cannot be resolved by good-faith negotiation between the parties shall be referred to the competent courts in Cairo, Egypt.

The parties agree to attempt to resolve any dispute by direct negotiation within 30 days of one party notifying the other of the dispute, before initiating any legal proceedings.

12. Changes to These Terms

Masaar Media may update these Terms from time to time. We will notify active clients of material changes by email at least 30 days before the change takes effect. Continued use of our services after that date constitutes acceptance of the revised Terms. The current version is always available at masaar-media.com/terms-of-service.html.

13. Contact

For questions about these Terms, contact us at:

• Email: hello@masaar-media.com
• Website: masaar-media.com