Ads Management Service Terms and Conditions Success McMoore

The Terms and Conditions of Ads Management Services (“Terms and Conditions” or “T&C”) apply to and are binding in relation to the use of Ads Management Services provided by Success McMoore (‘We” or “Company”) to You. The Ads Management Service is provided to assist companies in the Southeast Asia region, particularly in Indonesia, in improving their digital advertising performance. The Ads Management Service can be accessed through the website web https://successmcmoore.com, including all subdomains, features, and changes from time to time.

You hereby represent and warrant that You have the right, authority, and legal capacity to access, agree to, accept, and be responsible for compliance with these Terms and Conditions. If You are under 18 (eighteen) years of age, You represent and warrant that You have obtained the consent and acceptance of Your parent or legal guardian, including consent and acceptance of these Terms and Conditions, and that Your parent or legal guardian is responsible for all Your actions, consent, and compliance with these Terms and Conditions.

These Terms and Conditions may be changed and/or updated from time to time based on the Company's unilateral policies and considerations without any obligation to provide prior notice to You. You are advised to read and review these Terms and Conditions periodically to be aware of any applicable changes. By continuing to access the Platform and/or use the Ads Management Service after these Terms and Conditions have been changed, You are deemed to have read, understood, and agreed to all such changes. Our right to change and/or update these Terms and Conditions may be exercised without the need for approval and notification from and to any party. 

If You do not agree with some or all of the provisions in these Terms and Conditions, You are not permitted to use the Ads Management Service. In such cases, You are advised to immediately stop all access and/or use of the Ads Management Service.

1. DEFINITIONS

Capitalized terms in this T&C, unless the context otherwise requires, shall have the following meanings:

1.1 “Account” means the account belonging to the User registered on the Platform, which can be used to access and use the Platform and Ads Management Services;

1.2 “Ads Account” means the Company's whitelisted advertising account that can be used by the User in connection with the Ads Management Service on the Advertising Platform to which You will be given access in connection with the use of Whitelisted Account Support, including: (i) “Business Manager” for the Meta platform; (ii) “Business Center ID” for the TikTok platform; and/or (iii) “My Client Center” for the Google platform;

1.3 “You” or “Your” or “User” means the party who opens, uses, accesses, and/or visits any page on the Platform and/or uses the Ads Management Service;

1.4 “Management Fee” means the fees that must be paid by the User to the Company for the use of Ads Management Service;

1.5 “CPAS (Facebook Collaborative Ads)” means a feature or mechanism that connects Ads Accounts with marketplace platforms, enabling the implementation of Ads Management Services using product catalogs and audience targeting based on visit data on marketplace platforms, in accordance with the terms, conditions, and policies of each relevant platform;

1.6 “Personal Data” means any information or access to any information that (i) identifies or can be used to identify an individual; or (ii) can be used to authenticate an individual, including information that is identified or identifiable on its own or when combined with other information, whether directly or indirectly, through electronic or non-electronic system;

1.7 “Top Up Funds” means a certain amount of funds paid by You in connection with the use of the Whitelisted Account Support, which shall be credited and recorded as Your Ads Credit balance;

1.8 “GMV Max” means the integration of a TikTok Ads Account with Your TikTok Shop account, which enables the placement of catalog-based advertisements and campaign optimization based on actual transaction data (purchase conversion). This scheme requires authorization between the Ads Manager account and the TikTok Shop account and is subject to TikTok’s policies regarding conversion tracking, use of transaction data, and product catalog integration;

1.9 “Intellectual Property Rights” means patents, utility models, copyrights and related rights and other related rights, inventions and software codes, moral rights, trademarks and service marks, business names, domain names, rights to product and packaging designs, design rights, computer software rights, database rights, rights to use and protect the confidentiality of Confidential Information (including technical skills and trade secrets) and all other intellectual property rights, whether registered or unregistered, including all applications and rights to request and be granted, renewals or extensions of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection that exist or will exist now or in the future anywhere in the world;

1.10 “Confidential Information” means any information about the User or other parties obtained in connection with these Terms and Conditions, including data, information and/or details in any form and through any media, including but not limited to: (i) Ads Accounts; (ii) Platforms; (iii) Advertising Platform; and/or (iv) Whitelisted Account Support; whether outside or within the platform, regarding data, personal, commercial, business activity-related, contractual and financial information, trade secrets, concepts, business processes, technology, commissions, information containing Personal Data, and other non-public information that must be kept confidential by the Company and Users;

1.11 “We” or “Us” or “Our” or the “Company” means Success McMoore Pte Limited, a company incorporated and governed by the laws of Hong Kong SAR, which provides Ads Management Service to Users;

1.12 “Ads Credit” means the balance accumulated in the Ads Account provided by the Company to You in accordance with the Top-Up Funds amount that can be used to conduct advertising activities on the Advertising Platform;

1.13 “Privacy Policy” means the provisions regarding the privacy policy applicable to the Platform, as accessible via the URL link https://successmcmoore.com/kebijakan-privasi/, which constitutes an integral part of these Terms and Conditions;

1.14 “Ads Management Service” means the services provided by the Company, in the rental of business and advertising accounts (business management) using Ads Account, namely the provision of access to advertising accounts that are included in the list of permitted and approved accounts on various digital platforms (whitelisted) to support the advertising activities of Users on the Meta platform, TikTok platform, Google platform and/or Snack Video platform, along with the use of Whitelisted Account Support as a support service;

1.15 “Platform” means the website https://successmcmoore.com/ and the Success McMoore application owned and/or operated by the Company, including the services and features made available therein and any changes thereto from time to time;

1.16 “Advertising Platform” means the advertising platform on the Google platform, the Meta platform (including Facebook and Instagram), the TikTok platform, Snack Video platform and/or other sites and applications that can be used for advertising activities by Users in connection with the Ads Management Service; and

1.17 “Whitelisted Account Support” means support services for the Ads Management Service on the Digital Advertising Platform, which is carried out using the Ads Account provided and owned by the Company for Your benefit.

2.USE OF THE PLATFORM AND ADS ACCOUNT

2.1 Users can register for an Account through the Platform. In creating and maintaining an Account, Users are required to provide and ensure the availability of data and information that is true, accurate, current, and complete. 

Users hereby guarantee and declare that all personal data and information, including but not limited to Confidential Information and Personal Data submitted to Us, is true, valid, and under the control of the User, and is legally accountable. We are not responsible for the User's failure to ensure the accuracy of personal data and information.

2.2 For the purposes of using the Platform and implementing the Ads Management Service, the User agrees to provide the necessary personal data and information, including but not limited to:

• full name;
• personal residential address;
• email address;
• mobile phone number;
• place and date of birth;
• gender;
• national identification number (ID card number) or passport;
• bank account information; and
• other information related to Accounts, Platform and Ads Management Service.

2.3 By registering an Account on the Platform, the User consciously and voluntarily gives consent to Us to collect, manage, use, store, and process data and information provided by the User or obtained legally, including but not limited to Confidential Information and User Personal Data, as long as it is necessary for the use of the Platform and the implementation of the Ads Management Service, while remaining subject to the provisions set forth in the Privacy Policy.

2.4 Users are fully responsible for the ownership, use, and all activities that occur on the User Account, including any legal consequences arising therefrom. Users are also responsible for any losses, whether suffered by Us or third parties, arising from the unauthorized use of the User Account, negligence, or failure of Users to maintain the security of the Account.

2.5 Users are required to maintain and protect their Confidential Information and Personal Data with due care, including in the event of providing, disclosing, transferring, or using Account, Platform, and/or Ads Management Service, as well as any other activities that may cause harm to Users.

Any failure, loss, or event arising from negligence, error, or breach of obligation by the User is entirely the responsibility of the User and is not Our responsibility.

2.6 The Company never requests the User's Account password for any reason. Users are advised to immediately contact and notify Us if there is a third party or any party claiming to represent the Company and requesting the User's Account password.

2.7 You are required to notify Us of any changes to Your data, particularly those related to Personal Data. The Company is not responsible for any losses arising from changes to data, including Personal Data, that are not notified to Us.

2.8 Without any obligation to provide prior notice to You, the Company reserves the right at any time to take any action deemed necessary in response to any suspected violation or breach of these Terms and Conditions and/or applicable laws, including but not limited to: (i) suspension and/or restriction of access to the Platform and/or Ads Management Service; (ii) suspending the Account; and (iii) closing the Account and/or other actions; in accordance with the Company's policies and applicable laws.

2.9 The Company reserves the right to close Your Account, either temporarily or permanently, if any fraudulent and/or deceptive actions are found in transactions related to the use of the Platform and/or Ads Management Service, as well as violations of these Terms and Conditions and/or applicable laws. You agree that the Company has the right to take other actions deemed necessary in relation to this, including but not limited to rejecting new Account applications if similarities in data are found.

2.10 You are prohibited from using and/or accessing the Platform system, either directly or indirectly, in whole or in part, using viruses, software, or other technologies that can weaken, damage, disrupt, hinder, limit, and/or take over the functionality and integrity of the software or hardware system, network, and/or data on the Platform.

2.11 You hereby declare and agree that the Company is not responsible for any losses and/or obstacles arising from the misuse of the Account caused by Your negligence, including but not limited to: (i) agreeing to and/or granting access to the Account sent by Us via notification messages to other parties through Your device; (ii) granting access to the Account to other parties; (iii) accessing links provided by other parties; (iv) providing, displaying, or disclosing verification codes (OTP), passwords, and/or email addresses to other parties; and/or (v) other forms of negligence on Your part, resulting in losses and/or obstacles to the Account.

2.12 Without prejudice to other provisions in these Terms and Conditions, We reserve the right, based on Our own policies and considerations, to adjust, change, and/or delete product and/or brand information, as well as deactivate Your Account, in accordance with applicable laws and regulations.

2.13 The Company will verify Your registration on the Platform through an OTP (one-time password) and/or other verification methods determined by the Company. You understand and agree that in using the OTP security facility, the relevant telecommunications service provider may charge You at any time in accordance with the provisions set by the relevant telecommunications service provider.

3.GENERAL PROVISIONS OF ADS MANAGEMENT SERVICE

3.1 Scope of Ads Management Service.

3.1.1 The Company will provide Ads Management Services, along with the use of Whitelisted Account Support as a supporting service. These Ads Management Services include:

a. provision of automatic top-up facilities available 24 (twenty-four) hours a day for the use of the Advertising Platform;

b. provision of guidance and technical assistance related to the process of linking Ads Accounts with User Accounts;

c. specifically for TikTok platform users, We will provide: (i) guidance on linking the TikTok Seller Center; (ii) assistance with activating and authorizing TikTok Shop accounts; and (iii) technical guidance on GMV Max integration;

d. provision of advertising content review services based on advertising standards set by the Company and/or the relevant Advertising Platform, including but not limited to the terms and conditions applicable on the Advertising Platform;

e. provision of consulting services by the Company's team to Users in accordance with the agreed frequency and discussion material, including but not limited to advertising strategies, effective content development, updates to Advertising Platform features and/or algorithms, and other material deemed relevant to improving advertising performance for each User using the Ads Management Service;

f. providing periodic reviews of User ad performance, with a priority scale determined by the Company team, with the aim of improving ad performance for Users who use the Ads Management Service;

g. providing support for the addition of Ads Accounts and/or business managers required by Users, as long as approval has been obtained from the Company team, to ensure that the User's advertising activities can continue to run as intended;

h. provision of special support facilities for Users who are deemed by the Company's team to meet the criteria for obtaining strategic support, including connecting Users with account managers on the relevant Advertising Platform, if deemed necessary; and

i. providing assistance in the appeal process, if the User's Ads Account is disabled by the Advertising Platform, by utilizing the communication channels or facilities available through the official partnership between the Company and the Advertising Platform, as long as it is permitted by the Advertising Platform's policy.

3.1.2 The User hereby agrees that the Company has the right to set and apply its own advertising standards based on the Company's policies. Thus, the User agrees to comply with all advertising standards set by the Company.

3.1.3 The Company has the right to take action against the User's advertisements, including but not limited to closing and/or terminating advertising campaigns and/or Ads Accounts belonging to the User, if violations are found that do not comply with the advertising standards set by the Company and/or the Advertising Platform used by the User through the Ads Management Service.

3.1.4 The form and scope of consultation provided by the Company will be adjusted based on the performance of each User's advertisements, as determined by the Company.

3.1.5 Regular consultations provided to all Ads Management Service Users are conducted according to a schedule set by the Company, either online, offline, or in other formats as determined by Our team.

3.1.6 The decision to participate or not participate in regular consultation sessions is entirely at the discretion of each User, and the Company is not responsible for any consequences arising from a User's decision not to participate in such consultation sessions.

3.1.7 Support in the form of providing special facilities for Users includes educational activities, advertising strategy discussions, and consultations on obstacles faced by Users in running advertisements through the Advertising Platform. All of these activities are carried out in accordance with the schedule set by the Company, whether in online, offline, or other formats determined based on the Company's considerations.

3.1.8 Assistance in the appeal process is provided by the Company to Users as long as Users comply with the applicable provisions and submit relevant supporting documents and/or data for the purposes of the escalation process to the Advertising Platform.

3.1.9 Access to the Ads Account provided by the Company to the User may only be used by the User and/or the Company solely for advertising purposes on the Advertising Platform. Such access is limited, with the provision that the Company has administrator (admin) access rights to the entire Advertising Platform used in connection with the use of the Ads Management Service.

3.1.10 The User understands and agrees that there are certain requirements that must be met by the User in order to obtain compensation for an Ads Account that has been deactivated, restricted, or closed (dead or disabled), whether by the Company's system or by the Advertising Platform system.

In the event that the User fails to meet these requirements, including in the event of repeated non-compliance, the Company reserves the right, based on its own policies and judgment, to terminate all or part of the Ads Management Services. In such cases, all deposits, balances, and/or Advertising Credits remaining in the Ads Account (if any) shall be forfeited and cannot be transferred, withdrawn, refunded, or liquidated in any form.

3.1.11 If the User requires services outside the scope of the Ads Management Services as stipulated in these provisions, the terms, conditions, and other arrangements related to such additional services shall be regulated separately through a written agreement outside these Terms and Conditions, without prejudice to the rights and obligations of each the Company and the User as stipulated in these Terms and Conditions.

3.2 Content in the Ads Management Service.

3.2.1 The Platform, Advertising Platform and/or Ads Management Service includes all features, applications, modules, websites, Application Programming Interfaces (APIs), dashboards, systems, and other official services developed, owned, operated, and/or provided by the Company, whether accessed through applications or websites.

The Company reserves the right to add, reduce, change, suspend, or terminate some or all of the features, functions, and scope of the Platform, Advertising Platform, and/or Ads Management Service at any time based on the Company's policy, without the obligation to obtain prior approval from the User.

3.2.2 These Terms and Conditions do not apply to services, products, or features provided by third parties through or integrated with the Advertising Platform, including but not limited to third-party applications, analytics services, payment services, financial services, or other support services.

All legal relationships, rights, obligations, and risks arising from the use of such third-party services are fully subject to the terms and conditions of each third-party provider and are the responsibility of the third-party provider. The Company is not responsible for the availability, quality, security, or legal consequences arising from the use of such third-party services.

3.2.3 The Platform, Advertising Platform, and/or Ads Management Services can be accessed through various versions of applications and/or operating systems available. One User account is valid and can be used for all versions of the Advertising Platform and/or Ads Management Services provided by the Company.

3.2.4 Any updates, upgrades, system changes, or other technical adjustments implemented by the Company are declared valid and binding on the User from the moment they take effect, and the User's continued use of the Platform is considered as consent to such changes.

3.2.5 The User hereby agrees that the Company has the right to send information, notifications, announcements, service updates, and other communications, including but not limited to promotional, marketing, and certain offers, through various available means of communication, such as in-app notifications, electronic mail (email), short messages, or other means of communication.

3.2.6 Users may set their preferences for receiving certain communications through the settings available on the Advertising Platform and/or Ads Management Service, to the extent permitted by applicable laws and regulations.

3.3 Ads Management Service Agreement.

3.3.1 To use the Ads Management Service, Users must register and have a valid account on the Platform in accordance with the procedures established by the Company.

3.3.2 By registering and/or using the Platform, the User declares that they have read, understood, and agreed to all Terms and Conditions, policies, and other provisions applicable to the use of the Ads Management Service, including any changes that may be implemented by the Company from time to time.

3.3.3 The consent referred to in this clause is given consciously and voluntarily, and has legal force and is binding on the User for as long as the User uses the Ads Management Service.

3.4 User Obligations and Responsibilities.

3.4.1 The User agrees to provide all information, data, materials, content, documents, and approvals required by the Company in a complete, accurate, and timely manner to enable the Company to perform its obligations and provide the Ads Management Service in accordance with these Terms and Conditions.

3.4.2 The User understands and agrees that the performance, results, or effectiveness of advertisements does not entirely depend on the quality of services provided by the Company. Advertising performance is also influenced by various other factors beyond the Company's control, including but not limited to the quality of the User's products or services, the User's business strategy, the performance of the User's internal team, the quality of non-advertising services, third-party platform policies and algorithms, and market conditions.

Therefore, the Company does not provide any specific guarantees or warranties regarding the results of advertisements, including but not limited to the number of sales, leads, impressions, or conversions.

Therefore, the Company does not provide any specific guarantees or warranties regarding the results of advertisements, including but not limited to the number of sales, leads, impressions, or conversions.

3.4.3 The User acknowledges and agrees that the use of the Ads Management Services shall be subject to the payment of Management Fee, as set forth in Article 5 of these Terms and Conditions.

3.4.4 The User understands and agrees that in the event the User commits, or based on the reasonable judgment and consideration of the Company is suspected or potentially commits, a violation of applicable laws and regulations and/or rules, policies, terms, and conditions applicable to the Platform, Ads Management Services, and/or Advertising Platform, relating to, among other things:

a. the legality of the products or services advertised by the User, including the permits, approvals, and/or licenses that must be held by the User;

b. advertising materials and content, including but not limited to violations of intellectual property rights, copyrights, trademarks, or other third-party rights contained in the User's advertisements;

c. activities that are fraudulent, deceptive, manipulative, or other actions in any form that violate the law and/or harm other parties;

d. advertising material that promotes, supports, facilitates, or encourages gambling in any form, either directly or indirectly, including but not limited to the promotion of gambling venues, logos, profit claims, invitations through referral codes, affiliate links, or other forms deemed to be related to gambling activities; and/or

e. advertising material that contains pornography or indecency, including but not limited to nudity, sexual activities or solicitations, movements, expressions, or clothing that is considered too sensual, the use of explicit or implicit words, phrases, or visuals that refer to sexual activities, the promotion of sexual aids, prostitution services, or pornographic content in any form, including animations, illustrations, or digital content;

then the Company reserves the right, based on its own policies and judgment, to immediately terminate, suspend, and/or end all or part of the services provided to the User, without any obligation to provide prior notice to the User and to refund any remaining Ads Credit. In this case, all remaining Ad Credits in the User's Ads Account will be forfeited and cannot be withdrawn or transferred.

3.4.5 The User declares that they have read, understood, and agreed to all provisions in these Terms and Conditions, including any changes, additions, or updates that may be imposed by the Company from time to time. The User understands that such changes may be imposed without prior notice and are binding from the moment they are implemented.

3.4.6 The Company shall not be liable for any losses, claims, or legal consequences arising from the User's violation of these Terms and Conditions or other provisions applicable to the Platform, Ads Management Services, and/or Advertising Platform.

3.5 Company Obligations and Responsibilities.

3.5.1 The Company will make commercially reasonable efforts to maintain the continuous operation of the Company's processes in managing Accounts, Ads Accounts, Platforms, and Ads Management Services, to the extent that such processes are within the Company's control, so as not to cause a material impact on the User's advertising activities.

3.5.2 The Company is not responsible for any disruption, restriction, review, suspension, termination, or other action taken by the Advertising Platform, including those caused by the policies, systems, algorithms, or unilateral decisions of the Advertising Platform.

3.5.3 The Company is committed to providing consulting services to Users in accordance with the provisions of these Terms and Conditions, taking into account the needs of Users and the service priority system established by the Company.

These consulting services are provided to assist Users in optimizing their advertising activities carried out through the Company's Ads Account, but without guaranteeing specific results and taking into account factors beyond the Company's control.

3.5.4 The Company is responsible for providing support that is deemed appropriate and reasonable by the Company's team to ensure that the User's advertising activities run smoothly. Such support may include, among other things, the provision of additional Ads Accounts, Meta business managers, TikTok Business Center, and Google Manager Accounts, or other technical support, if deemed necessary based on the Company's internal considerations and policies.

Users understand and agree that the provision of support as referred to in this clause is at the Company's discretion and cannot be considered an absolute obligation or guarantee of the continuity or success of advertising activities.

3.6 Limitation of Liability and Replacement of Ads Accounts.

3.6.1 In the event that an Ads Account provided by the Company to a User is subject to action by the Digital Advertising Platform, including but not limited to restriction, review, suspension, or deactivation, which is not caused by a violation by the User of the rules, terms, and/or advertising conditions set by the Digital Advertising Platform, the Company, based on availability and its internal policies, may provide a replacement Ads Account to the User.

The User understands and agrees that the provision of a replacement Ads Account is not an absolute obligation of the Company and is entirely dependent on the results of the Company's evaluation, availability, and internal policies.

3.6.2 To the extent permitted by applicable laws and regulations, the Company shall not be liable for any loss, damage, claim, demand, or action of any kind incurred or suffered by the User, whether directly or indirectly, arising from or in connection with the use of the Advertising Platform, Whitelisted Account Support, and/or Ads Management Services.

This limitation of liability includes, without limitation, direct or indirect losses, special losses, incidental, economic, or consequential damages, including but not limited to loss or reduction of income, profits, reputation, goodwill, business opportunities, loss or damage to data, and loss of anticipated savings, caused by or related to the policies, systems, errors, disruptions, or any actions of the Advertising Platform or other third parties.

3.6.3 The User declares that they understand and anticipate all risks that may arise in connection with the use of the Advertising Platform, Whitelisted Account Support, and/or Ads Management Services. Therefore, the User is fully responsible for all operations, activities, and actions carried out in connection with the use of these services based on these Terms and Conditions.

This responsibility includes, without limitation, the legality of the business, business activities, goods, products, and/or services offered, as well as all advertising materials, promotional content, and claims made and used by the User in advertising activities.

3.6.4 Without prejudice to any other provisions of these Terms and Conditions, in the event that the Company is held liable by a final and binding court decision to the User for losses arising directly from or in connection with the provision and use of the Advertising Platform, Whitelisted Account Support, and/or Ads Management Services, the total liability of the Company, whether arising from breach of contract, tort, negligence, misrepresentation (whether intentional or not), restitution, or any other legal basis, shall be limited cumulatively to the amount of Management Fee paid and received by the Company from the User within a period of no more than twelve (12) months prior to the date the claim arose.

4. QUALITY ASSURANCE

4.1 The Company is committed to providing Ads Management Services professionally, with reasonable care, and in accordance with applicable industry standards and best practices.

4.2 The Company does not provide any guarantees, either express or implied, regarding the results, performance, conversion rates, sales, or effectiveness of advertisements run through advertising accounts managed by the Company. The User understands and agrees that the performance of advertisements may be influenced by various factors beyond the Company's control, including but not limited to the quality of the User's products or services, the quality of advertising materials and content, market conditions, advertising platform policies, the performance of the User's internal team, and other external factors not expressly mentioned in these Terms and Conditions.

4.3 All Ads management Services are provided on an “as is” and “as available” basis. The Company hereby expressly disclaims all warranties, guarantees, claims, or representations of any kind, whether express or implied, including but not limited to warranties of fitness for a particular purpose, warranties of error-free performance, or warranties of achieving specific results.

5. TOP UP OF FUNDS AND PAYMENT OF MANAGEMENT FOR THE USE OF ADS MANAGEMENT SERVICE

5.1 Payment for: (i) Top-Up Funds for the purpose of adding Ads Credit; and (ii) Management Fee for the use of the Ads Management Service; may only be made through the User’s account dashboard on the Platform.

5.2 The Management Fee shall be invoiced separately by the Company, subject to the following terms:

5.2.1 Payment of Top Up Funds. The User is required to pay Top Up Funds in advance for the purposes of: (i) payment of Top Up Funds for the User’s Ads Account; and (ii) paying Management Fee to the Company; prior to running any advertisements through the Ads Management Service using the Company’s Ads Account and/or any other account designated by the Company to access the Advertising Platform.

5.2.2 The payment of Top Up Funds may be carried out through two (2) methods, as follows:

a. Bank Transfer.

• The User may transfer funds to the Company’s bank account under the name “Success McMoore,” as previously notified by the Us to the User separately; and
• The User may be subject to additional service charges in accordance with the terms and conditions imposed by the relevant bank.

b. Virtual Account.

• The User may make payment of Top Up Funds through a virtual account, with the virtual account number of which is displayed on the User’s account dashboard; and

• Each Top Up Funds payment made via virtual account may include a unique code appended to the payment amount, which must be paid in full as displayed.

There is an admin fee that must be borne by the User every time they make a Top Up Fund payment with an amount according to the payment method chosen by the User.

5.2.3 After making payment of Top Up Funds via bank transfer and/or virtual account, the User shall be required to submit a payment confirmation for the Top Up funds through the User’s Account dashboard, in a complete, accurate, and timely manner, in accordance with the procedures, methods, and requirements as determined by the Company from time to time.

Such payment confirmation submitted through the Account dashboard constitutes a mandatory condition precedent for the verification, processing, and crediting of the Top Up Funds paid by the User as Advertising Credits into the User’s Account.

5.2.4 In the event that the User fails to submit, submits late, or submits an incomplete and/or non-compliant payment confirmation in accordance with the applicable provisions, the relevant Top Up Funds may not be processed and/or may not be credited as Ad Credits into the User’s Account.

The User hereby acknowledges and agrees that the Company shall not be responsible or liable for any consequences, losses, or failures arising in connection with any Top Up payment transaction that has not been confirmed or has been improperly confirmed, including but not limited to the failure to process such Top Up funds and the failure to credit such funds as Advertising Credits into the User’s Account.

5.2.5 For the avoidance of doubt, all Top-Up Funds payments made by the User shall be deemed valid and received by the Company upon: (i) the Top-Up Funds being successfully credited to the Company’s bank account (if made via bank transfer); or (ii) the User’s confirmation of the Top-Up Funds payment (if made via virtual account); in each case through the User’s account dashboard.

5.2.6 Upon receipt of the Top-Up Funds from the User, whether through bank transfer or virtual account, the Company shall conduct a review and identification of all Top-Up Funds payment transactions (“Top-Up Funds Identification”). The Top-Up Funds Identification shall be carried out by reference to:

a. reconciliation of the Top-Up Funds transaction data;

b. internal verification by the Company within a period of 24 (twenty-four) hours; and

c. following the completion of the internal verification, confirmation by the Company to the User who performed the Top-Up Funds payment.

5.2.7 Upon completion of the Top-Up Funds Identification, the Company shall credit the Top-Up Funds to the User in the form of Ad Credits reflected in the User’s account. The User may review the Ad Credits balance through the account dashboard.

5.2.8 By crediting the Top-Up Funds for the purpose of increasing the Ad Credits balance, the User hereby acknowledges and agrees that the Top-Up Funds credited shall be subject to direct deductions for the payment of Management Fee. Accordingly, the amount of Ad Credits credited to the User’s account may differ from the total amount of Top-Up Funds paid by the User.

5.2.9 In the event that the Company is unable to identify the Top Up Funds arising from a payment transaction and/or is unable to determine the ownership of such Top Up Funds due to the User’s failure to submit a payment confirmation in accordance with the procedures stipulated by the Company under this Article 5.2, the Company shall not be responsible for and shall not guarantee the allocation or crediting of such Top Up Funds as Advertising Credits into the User’s Account.

5.2.10 If, within a maximum period of 6 (six) months from the date of the Top Up payment transaction, the User fails to submit a payment confirmation as referred to in Article 5.2.3 of these Terms and Conditions, the User hereby expressly and unconditionally:

a. waives and relinquishes any and all rights, claims, and/or legal demands of any kind, whether civil or criminal, against the Company in connection with the Top Up payment transaction that has not been confirmed by the User; and

b. grants full consent to the Company to recognize, record, use, or otherwise manage such unconfirmed Top Up Funds in accordance with the Company’s internal policies and the applicable laws and regulations.

5.2.11 Upon the expiry of the period as referred to in Article 5.2.10, any Top Up Funds that remain unconfirmed by the User shall no longer be claimable, refundable, transferable, or withdrawable by the User in any form whatsoever.

With the implementation of this provision, the User hereby releases and discharges the Company from any and all forms of responsibility, claims, actions, demands, losses, and/or liabilities of any kind that may arise in the future in connection with unconfirmed Top Up Funds after the lapse of the period as referred to in this provision.

5.2.12 In the event that the User's use of the Ad Account balance exceeds the amount of Top-Up Funds previously deposited, the User shall be required to pay any invoice issued by the Company for each Ad Account used.

5.2.13 The User shall settle all invoices for Ad Account usage to the Company no later than seven (7) calendar days from the date the User receives the invoice.

5.2.14 If the User fails to make payment within such period, the Company shall be entitled to suspend, terminate, and/or restrict the use of the Ads Management Services, without prejudice to the Company’s right to collect all outstanding payment obligations and any other rights available to the Company under these Terms and Conditions and applicable laws and regulations.

5.2.15 In the event of termination as referred to above, all Advertising Credits and/or available advertising balances (if any) shall be forfeited and cannot be used, withdrawn, refunded, transferred, or compensated in any form, and the User hereby waives all claims, demands, or lawsuits against the Company in connection with such actions, to the extent permitted by applicable laws and regulations.

5.3 Payment of Management Fee.

5.3.1 Atas penyediaan Layanan Ads Management kepada Pengguna, Perusahaan berhak untuk mendapatkan Biaya Manajemen yang telah ditetapkan berdasarkan jenis Platform Pengiklanan yang digunakan oleh Pengguna. Kecuali ditentukan lain oleh Perusahaan, perhitungan Biaya Manajemen mengacu pada ketentuan sebagai berikut:

a. Platform Meta (Facebook dan Instagram). Atas setiap Pengguna yang menggunakan platform Meta, Biaya Manajemen yang dibebankan adalah sebesar 4% (empat persen) dari jumlah Dana Top Up pada Akun Iklan milik Pengguna;

b. Platform Google. Atas setiap Pengguna yang menggunakan platfoem Google, Biaya Manajemen yang dibebankan adalah sebesar 6% (enam persen) dari jumlah Dana Top Up pada Akun Iklan milik Pengguna;

c. TikTok Platform. For each User utilizing the TikTok Platform, the applicable Management Fee shall be six percent (6%) of the total Top-Up Funds credited to the User’s Ad Account.

5.3.2 Referring to Clause 5.3.1, payment of the Management Fee shall be made by direct deduction from the Top-Up Balance deposited by the User. The User hereby agrees that any use of the Ads Management Services that incurs a Management Fee will be automatically deducted from the available Top-Up Balance.

5.3.3 If the Top-Up Balance is insufficient to cover the Management Fee incurred, the User is obliged to make an additional payment of Top Up Funds in accordance with the provisions of this Clause 5 to ensure continued access to the Ads Management Services.

The User acknowledges and agrees that failure to make the additional Top-Up may result in the suspension or restriction of the User’s access to the Services.

5.3.4 An example of the calculation of the Management Fee and Ad Credit you receive for an account located in the Republic of Indonesia refers to the simulation table below:

Description	Amount
Top Up Funds amount	IDR 10.000.000
Management Fee (4% of A)	IDR 384.615
Top Up Funds amount – Management Fee (“A”)	IDR 9.615.385
Ad Credit amount	IDR 9.615.385

5.4 Payment for the Management Fee already made by the User are non-refundable, except in cases of billing errors by the Company or as otherwise agreed in writing.

5.5 In the event that the User utilizes more than one Advertising Platform and/or Ads Account, the Management Fee shall be calculated proportionally based on each Advertising Platform and/or Ads Account used, in accordance with the provisions on Management Fee as set forth in these Terms and Conditions.

5.6 The Company reserves the right, at its sole discretion, to modify and/or adjust the amount of the Management Fee, as set forth in these Terms and Conditions from time to time. Any changes to the Management Fee shall take effect upon being displayed and/or updated on the Platform, and the User shall be deemed to have acknowledged and agreed to such changes by continuing to use the Ads Management Services after the effective date of the changes on the Platform.

6. TERMINATION OF ADS MANAGEMENT SERVICE

6.1 If, within three (3) months from the date of the last Top Up of funds, the User fails to perform a Top Up for the Advertising Credits, then:

a. the Company shall have the right, at its sole discretion and without any obligation to provide prior notice, to terminate all Ads Management Services provided to the User, including, but not limited to, the provision of Account, Ads Accounts, and/or access to the Platform;

b. the Company shall have the right to permanently close the Account and/or Ads Account provided to the User, so that the User shall not be able to access or use the Account, Ads Account, and/or Ads Management Services without prior notice; and

c. all Top Up Funds and/or remaining Advertising Credit balances in the Platform (if any) shall be forfeited and shall not be withdrawable, transferable, compensated, or restored in any form.

6.2 If under any circumstances the User commits, or based on the Company’s reasonable unilateral assessment is deemed likely to commit, any violation of these Terms and Conditions, applicable laws and/or the rules, requirements, and/or terms in force on the Platform and/or Advertising Platform in relation to:

a. the compliance of the products or services advertised by the User, including the licenses and permits that the User is required to possess;

b. the materials, content, and intellectual property rights contained in the User’s advertisements;

c. any User activities that may be considered fraud, deception, and/or any other acts in any form that violate applicable laws;

d. materials contained in the User’s advertisements that may be deemed to promote, support, or encourage gambling in any form, whether directly or indirectly, including but not limited to the promotion of venues, logos, profit results, invitations through referral codes, or other actions considered to be related to gambling;

e. materials contained in the User’s advertisements that may be deemed to display nudity, sexual activities, movements or attire considered overly sensual, the use of explicit or implicit words or phrases referring to sexual acts, the promotion of sexual aids, prostitution services, or other elements considered pornographic, including in animated or digital form;

f. advertising materials containing exaggerated, misleading, or unsubstantiated claims, or that are not supported by valid data/information, and/or that fail to include landing pages or other supporting elements required by the platform; and/or

g. advertisements originating from restricted industry sectors that are not accompanied by the required legal documentation in accordance with platform policies (such as approvals or registrations from BPOM, OJK, Bappebti, PSE, and other relevant authorities);

then the Company shall be entitled to immediately suspend and terminate all Ads Management Services provided to the User without any prior notice, including but not limited to: (i) the closure of the Account, Ads Account, and/or Platform; and (ii) any remaining balance in the Ads Account (if any) shall be forfeited and may not be used, withdrawn, or transferred.

6.3 For the avoidance of doubt, the User hereby acknowledges, understands, and agrees that, in connection with the provisions of Article 6.2 of these Terms and Conditions, all remaining Top Up funds and/or Advertising Credit balances on the Platform (if any) shall be the sole property of the Company, and the User shall have no right to demand, withdraw, transfer, or reclaim such funds in any form.

7. LIABILITY

The Company shall not be liable for any loss, damage, claim, demand, or action (including, but not limited to, direct or indirect, special, economic or consequential losses, loss of revenue, profits, goodwill, business opportunities, loss or damage to data, or loss of anticipated savings) that may arise or be suffered in connection with the use of the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services. This includes losses arising from violations of laws and regulations, Advertising Platform provisions, errors, damage, claims, or demands for certain actions.

You acknowledge and accept these risks and are fully responsible for Your use of the Ads Management Service in accordance with these Terms and Conditions. Your responsibility includes, but is not limited to, the legality of the operations, activities, goods, products, and/or services used, as well as the advertising and promotional materials created and run by You in connection with the Ads Management Service.

8. NO WARRANTY

The Company makes no representations or warranties that the use of the Ads Management Service will directly improve Your business or sales. In addition, the Company makes no warranties, express or implied, regarding third-party products, services, or content, including but not limited to Accounts, Ads Accounts, Platforms, Advertising Platforms, and/or the Ads Management Service.

9. PROHIBITED ACTS

9.1 By accessing and using the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services, Users are prohibited from:

a. sending mass messages (spam or broadcast) without the recipient’s consent;

b. phishing, scamming, or other forms of digital fraud;

c. spreading information and/or content that is hoaxes, disinformation, provocative, or misleading;

d. using contact data obtained illegally or without the consent of the data owner;

e. operating spam bots or other automation systems that violate the Advertising Platform's policies;

f. masking numbers, manipulating identities, or other activities aimed at circumventing security mechanisms;

g. taking actions that could potentially damage the reputation of the Company and/or the Advertising Platform;

h. pretending to be or claiming to be another person or entity, or providing false information;

i. using the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services or features available therein for unlawful purposes, including any form of fraud;

j. attempting to gain illegal access or interfere with computer systems or networks connected to the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services;

k. interfering with the use, utilization, or operation of the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services;

l. taking any action that violates the terms, guidelines, and/or policies established by the Company and/or Advertising Platform;

m. selling, promoting, offering, displaying, making accessible, or distributing products, information and/or content that contains elements of: (i) narcotics, illegal drugs, and other addictive substances; (ii) firearms, ammunition, explosives, or illegal military equipment; (iii) pharmaceutical products that require a prescription or special permit, but do not have an official permit; (iv) cigarettes, tobacco, electronic cigarettes (vapes), and similar derivative products; (v) alcohol, unless it has an official distribution permit in accordance with legal provisions; (vi) gambling in any form; (vii) illegal financial products including, but not limited to, illegal investments, money games, and unlicensed online loans; (viii) adult products, pornography, prostitution, or sexual services; (ix) protected animals, wildlife, and animal body parts that are prohibited from being traded; (x) pirated goods, stolen goods, or goods that violate copyright; (xi) the sale of game accounts, cracked software, cheat tools, and digital products that violate developer policies; (xii) certain political activities, including political campaigns, propaganda, and hate speech; and/or (xiii) violations of the law in any form.

n. disclosing, selling, sharing, or providing any content, information, features, and/or services available on the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services without the Company's prior written consent;

o. using or uploading software or material that contains or is suspected of containing viruses, malicious code, or other destructive components that may: (i) damage data; (ii) interfere with the operation of other users' computers; or (iii) interfere with the functioning of Accounts, Ads Accounts, Platforms, Advertising Platforms, and/or Ads Management Services;

p. interfering with or disrupting any server, network, feature, or platform available on the Account, Ads Account, Platform, Advertising Platform, and/or Ads Management Services, including reproducing or extracting source code from software or systems provided by the Company; and

q. creating and/or using hardware, software, or other tools intended to access or use services on the Company's system, including but not limited to Accounts, Ads Accounts, Platforms, Advertising Platforms, and/or Ads Management Services, by: (i) manipulating devices or systems to harm the Company; (ii) performing automated activities in transactions, purchases, or other processes without permission; (iii) collecting (harvesting) or stealing data; (iv) spamming, sending mass electronic communications, or chain letters; (v) performing other activities that can reasonably be considered as manipulation of services and/or systems; and (vi) uploading or using words, comments, images, videos or any content that contains elements of SARA, discrimination, demeaning or cornering others, vulgarity, threats, or other content that is considered inappropriate according to social values and norms or policies established by the Company.

9.2 The Company reserves the right to take any action it deems necessary for any violation of these provisions, including restricting access or terminating the use of Accounts, Ads Accounts, Platforms, Advertising Platforms, and/or Ads Management Services.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All content, material, data, descriptions, images, and information displayed or placed on the Platform, including but not limited to text, graphics, logos, button icons, audio clips, digital downloads, titles, and/or data compilations belonging to Us, as well as advertisements (but not including product Information or brands, logos, images, symbols, or other visual forms related to products), are wholly owned by Us or We have obtained the rights from the rights holder or license holder, and are protected by applicable laws and regulations.

10.2 You are prohibited from publishing, manipulating, distributing, duplicating, disseminating, and/or reproducing part or all of the content, material, data, descriptions, images, or information contained on the Platform (including product Information) for any purpose, including but not limited to personal business interests or cooperation with third parties, without Our prior written permission.

10.3 All graphics, logos, page titles, button icons, text, and service names appearing on the Platform are trademarks of Us or Our licensors, and are protected by applicable copyright laws in Indonesia and other relevant jurisdictions.

The trademark ‘Success McMoore’ may not be used in any form or under any circumstances that may cause confusion among the public or customers, or that may disparage or discredit Us or the Platform.

Trademarks or other intellectual property rights appearing on the Platform that are not owned by Us remain the property of their respective owners.

10.4 You are not permitted to use any part or all of the content, material, data, descriptions, images, or information contained on the Platform for any purpose, including commercial purposes, without first obtaining an official and written license from Us or the relevant license holder.

10.5 If We become aware of any intellectual property rights infringement, We reserve the right to take legal action in accordance with applicable laws and regulations.

10.6 If You print, copy, or download any part of the Platform in violation of these Terms and Conditions, Your right to use the Platform will be immediately terminated without prior notice. You are required, in accordance with Our policy or decision, to return or destroy any copies of the content, material, data, descriptions, images, or information that You have accessed or possessed.

10.7 You are prohibited from modifying, translating, decompiling, disassembling, or creating derivative works based on the software or documentation provided by Us or the relevant license holder in any way.

11. CONFIDENTIALITY, PRIVACY, AND PERSONAL DATA PROTECTION

11.1 All information, data and/or documents provided, obtained or generated through the use of the Platform, Ads Account, Advertising Platform and/or Management Services provided by the Company to You, including, but not limited to, commercial, contractual, financial, trade secret, pricing, concept, technology, computer program code, design, specification, personal data, information on the results of activities using the Platform, Ads Account, Advertising Platform and/or Management Services, and other non-public information, constitutes confidential information that must be kept confidential (“Confidential Information”). You and the Company are required to take all reasonable steps necessary to store, handle, and maintain Confidential Information, prevent unauthorized disclosure of information, and are only permitted to use the Confidential Information of other parties exclusively for the purposes of providing and using the Platform and receiving Services, and are prohibited from disclosing Confidential Information to any third party without the written consent of the party that owns the Confidential Information.

11.2 The Personal Data (Privacy) Ordinance of 1995 Hong Kong SAR is the first legislation in Asia that comprehensively regulates the protection of personal data. The PDPO has been implemented for approximately eighteen (18) years by the Privacy Commissioner for Personal Data (PCPD) as the authority responsible for handling personal data protection in Hong Kong SAR. In 2012, the PDPO underwent significant changes to strengthen and ensure the effective implementation of personal data protection principles, with provisions referred to in Chapter 486 of the Personal Data (Privacy) Ordinance (“PDPO”).

11.3 In connection with the description on point 11.2 above, the regulations regarding Personal Data protection implemented by the Company with reference to the Privacy Policy are based on two (2) legal systems, namely the laws of the Republic of Indonesia and the laws of Hong Kong SAR.

11.4 The following are the principles of Personal Data protection that apply and are implemented in Hong Kong SAR, which also serve as a reference for the Company in implementing related provisions, including:

a. Limitations on the Collection of Personal Data. The collection of personal data must be lawful and limited to purposes directly related to the functions or activities of the data collector. The data collected must be relevant and adequate for those purposes, and the collection of Personal Data must not exceed what is necessary to achieve the purpose of collection (Section 58A, Part 8, Chapter 486 of the PDPO).

b. Use and Disclosure of Personal Data. Personal Data may only be used or disclosed for the original purpose of collection or other purposes directly related to it, unless the Data Subject has given explicit consent for other uses or disclosures (Section 58A, Part 8, Chapter 486 of the PDPO).

c. Disclosure of Personal Data for Due Diligence. Users of Personal Data are permitted to transfer or disclose Personal Data in the context of due diligence activities related to planned business transactions, subject to the following conditions (Section 63B Part 8 Chapter 486 PDPO):

i. disclosure is limited to what is necessary for the purposes of due diligence;

ii. services to the Data Subject shall continue to be provided by the recipient or the entity resulting from the transaction;

iii. it is not practicable to obtain the consent of the Data Subject prior to disclosure;

iv. disclosure is not permitted if the primary purpose of the transaction is to use Personal Data for direct commercial gain; and

v. the recipient of Personal Data is required to use the data only for due diligence purposes and to return and/or destroy it after the due diligence process is complete.

d. Data Quality Obligations and Provision of Advice to Third Parties. Personal Data Users shall take all reasonable steps to ensure the accuracy of Personal Data, taking into account the purpose of its use, including any directly related purposes. Data is considered inaccurate if it is untrue, misleading, incomplete, or out of date.

The use of inaccurate Personal Data is not considered a violation if the user has taken all reasonable steps to maintain the accuracy of the data. The Commissioner has the authority to issue an enforcement notice requesting systematic improvements if accuracy assurance measures are not taken.

Data subjects have the right to request correction of inaccurate information. If inaccurate Personal Data is disclosed to a third party, the data user is obliged, to the extent possible, to inform the third party so that the Data Subject can correct their data (Section 58A Part 7 Chapter 486 PDPO).

e. Deletion and Destruction of Personal Data. Personal Data shall not be retained longer than necessary to achieve the purpose of collection, including any directly related purpose, or for any future legitimate use. Once the purpose has been achieved or is no longer relevant, Personal Data must be deleted or destroyed securely (Section 26, Part 5 – Part 3, Chapter 486 of the PDPO).

f. Data Security Obligations. Users of Personal Data shall take all reasonable steps to protect Personal Data from unauthorized access, processing, deletion, loss, or use. Security measures shall take into account factors such as the type of Personal Data, the physical location of storage, and the potential risks to the data.

The PDPO does not specifically regulate sensitive data, unlike European regulations which provide special protection for this category of data (Part 4 of Appendix 1, Section 486 of the PDPO).

g. Openness Regarding Practices. Personal Data Users must ensure that everyone is aware of the policies and practices related to the management of Personal Data, including the types of data collected and the purposes for which it is used.

This principle forms the basis for the Commissioner to require organizations and legal entities in Hong Kong to publish their Privacy Policy Statement to the public. Failure to publish a privacy policy is considered a violation of this principle, and the Commissioner may issue an enforcement notice (warning letter) to organizations that do not comply (Article 47 paragraph (7) Chapter 486 PDPO).

12. MISCELLANEOUS

12.1 Interpretation. Words denoting any gender shall be deemed to include all other genders. Words importing the singular shall include the plural and vice versa, where the context requires so.

12.2 Reference to Regulation. Reference to a statutory regulation must be interpreted as a reference to such statutory regulation and its derivative regulations, amendments and/or replacements from time to time.

12.3 Titles and Sub-Headings. All titles and sub-headings in the articles as well as the use of bold type in this T&C are solely intended for ease of reading and will not affect the composition or interpretation of any provisions in this T&C.

12.4 Assignment. Users are not permitted to transfer, assign, or surrender all or part of the rights and/or obligations arising from the implementation of these Terms and Conditions to a third party without prior written consent from the Company. However, the Company reserves the right, without requiring prior consent from the User, to assign, transfer, sublicense, and/or subcontract all or part of its rights and/or obligations to a third party in connection with the operation and provision of the Platform, Ads Account, and Ads Management Services, as long as such assignment does not reduce the User's rights as stipulated in these Terms and Conditions.

12.5 Waiver. The absence of any delay, omission, or failure by either party to exercise or enforce at any time any right or provision under these Terms and Conditions shall not be deemed a waiver of such right or provision, unless such waiver is expressly stated in writing by the entitled party.

12.6 Keterpisahan. Apabila terdapat satu atau lebih ketentuan atau bagian dari Syarat dan Ketentuan ini yang dinyatakan tidak sah, batal, tidak dapat dilaksanakan, tidak berlaku, atau ilegal berdasarkan hukum yang berlaku, maka ketentuan tersebut akan dianggap terpisah dan tidak memengaruhi keabsahan, keberlakuan, serta pelaksanaan ketentuan lainnya dalam Syarat dan Ketentuan ini, yang tetap berlaku sepenuhnya dan mengikat Perusahaan dan Pengguna.

12.7 Provisions Regarding the Platform, Ads Accounts, and Ads Management Services. All provisions related to the Platform, Ads Accounts, and/or Ads Management Services that are not fully regulated in these Terms and Conditions will be further regulated in writing in separate provisions established by the Company (“Other Provisions”). The User hereby agrees to comply with the Additional Terms, and any violation by the User of the Additional Terms shall be deemed a violation of these Terms and Conditions. In the event of a conflict between the provisions of these Terms and Conditions and the provisions of the Additional Terms, the provisions of these Terms and Conditions shall prevail and be binding on the Company and the User.