1. Agreement to These Terms
These Terms of Service ("Terms") are a binding agreement between you, whether personally or on behalf of a business, and Mavly Digital ("Mavly Digital," "we," "us," or "our"). By accessing our website, booking a call, purchasing services, or using our services, you agree to these Terms.
If you do not agree to these Terms, do not use our website or services.
Mavly Digital
00400 Platinum Plaza, Tom Mboya St,
Nairobi Starehe District CBD
Nairobi, Kenya
Phone: +254705255147
Email: info@mavlydigital.com
2. Our Services
Mavly Digital provides business-to-business marketing and growth services for kitchen and bathroom remodelers. Services may include advertising strategy, ad management, landing pages, appointment qualification, CRM setup, follow-up workflows, reporting, consulting, creative assets, and related support.
Specific deliverables, timelines, fees, and any written guarantee will be stated in your proposal, invoice, service agreement, or order form. If there is a conflict between these Terms and a signed written agreement, the signed written agreement controls for that conflict.
3. Eligibility
Our services are intended for business users who are at least 18 years old. By using our website or services, you confirm that you have authority to bind the business you represent.
4. Client Responsibilities
You agree to provide accurate business information, timely access to necessary accounts, prompt feedback, and any approvals reasonably needed for us to perform the services.
- You are responsible for your products, services, pricing, licenses, permits, offers, claims, and fulfillment.
- You are responsible for reviewing and approving ad copy, landing page copy, messages, offers, and campaigns before launch when approval is requested.
- You must not provide contact records unless you have the required consent and lawful basis to contact those individuals.
- You must follow all applicable laws, platform policies, industry rules, and carrier messaging requirements.
- You agree not to use our services for unlawful, abusive, deceptive, discriminatory, or harmful activity.
5. Purchases, Payments, and Subscriptions
Fees, billing timing, payment method, ad spend, setup costs, and any recurring charges will be stated in your proposal, invoice, service agreement, or order form. Unless stated otherwise in writing, fees are due when invoiced and are non-refundable once work has started.
Advertising spend, platform fees, CRM fees, SMS/email usage fees, and third-party tool costs may be billed separately or paid directly by you to the relevant provider. Late or failed payments may result in paused work, paused campaigns, or suspension of services.
6. Messaging Content and Automation
Our services may include email, phone, SMS, calendar, CRM, and follow-up automation. You are responsible for ensuring that contact records supplied to us were collected with proper consent and may be used for the requested communication.
We may refuse, pause, or remove any campaign, message, or workflow that we believe violates law, carrier requirements, platform rules, or these Terms.
7. SMS Text Messaging Terms
By providing your mobile number to Mavly Digital and checking the applicable opt-in box, you agree that we may send you SMS messages related to appointment reminders, service updates, support, account notices, and permitted marketing communications. Transactional and marketing consents may be requested separately. Message frequency may vary. Message and data rates may apply.
Consent to receive SMS messages is not a condition of purchase. You may opt out at any time by replying STOP. For help, reply HELP or contact info@mavlydigital.com.
No mobile opt-in data or SMS consent is sold, rented, or shared with third parties for their own marketing or promotional purposes. We may share mobile data with service providers only as needed to send or manage the communications you requested or consented to receive.
8. Privacy Policy
Our collection and use of personal information is described in our Privacy Policy. By using our website or services, you also agree to the Privacy Policy.
9. Third-Party Platforms and Accounts
Our work may rely on third-party platforms such as advertising networks, analytics tools, CRM systems, calendars, phone/SMS providers, payment processors, and hosting providers. These platforms operate under their own terms and policies.
We do not control third-party platforms and are not responsible for their outages, policy changes, account decisions, data handling, reporting differences, or feature changes. You are responsible for keeping account credentials secure and for maintaining ownership and access to accounts you control.
10. Intellectual Property
We own or license the content, code, designs, templates, processes, methods, systems, graphics, logos, and materials we create or provide, except for materials you supply or rights assigned to you in a signed written agreement.
You grant us permission to use business information, logos, trademarks, images, reviews, testimonials, account access, and other materials you provide as needed to perform the services. You confirm that you have the rights needed to provide those materials to us.
11. Prohibited Activities
You may not use our website or services to violate laws, infringe rights, send unlawful messages, upload malicious code, interfere with security, scrape or copy our materials, impersonate another person, make deceptive claims, or engage in abusive, discriminatory, or harmful conduct.
12. Service Limitations and Results
Marketing performance depends on many factors outside our control, including market conditions, offer strength, sales follow-up, pricing, reputation, website quality, ad platform rules, competition, budget, and seasonality. We do not promise specific revenue, profit, ranking, sales volume, or appointment volume unless that promise appears in a signed written agreement.
Any examples, testimonials, or past results are illustrative and do not guarantee that you will achieve the same outcome.
13. Termination and Suspension
Either party may end services according to the cancellation terms in the applicable proposal, invoice, service agreement, or order form. We may suspend or terminate services if payment is overdue, required access is missing, requested work violates policy or law, or continued work creates unreasonable risk.
14. Disclaimer
Our website and services are provided on an "as is" and "as available" basis unless stated otherwise in a signed written agreement. We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability to the fullest extent permitted by law.
15. Limitation of Liability
To the fullest extent permitted by law, Mavly Digital will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, platform downtime, ad account decisions, or business interruption.
To the fullest extent permitted by law, our total liability for any claim related to the website or services will not exceed the amount you paid to us for the services giving rise to the claim during the three months before the claim arose.
16. Indemnification
You agree to defend, indemnify, and hold harmless Mavly Digital from claims, damages, losses, liabilities, costs, and expenses arising from your business, your materials, your products or services, your breach of these Terms, your violation of law, or your misuse of our website or services.
17. Governing Law and Disputes
These Terms are governed by the laws of Kenya, unless a signed written agreement states otherwise or applicable law requires a different rule. Any dispute that cannot be resolved informally will be handled in the courts located in Nairobi, Kenya, unless a signed written agreement states otherwise.
18. Changes to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised "Last Updated" date. Your continued use of the website or services after an update means you accept the updated Terms.
19. Contact Us
If you have questions about these Terms, contact us:
Mavly Digital
00400 Platinum Plaza, Tom Mboya St,
Nairobi Starehe District CBD
Nairobi, Kenya
Phone: +254705255147
Email: info@mavlydigital.com