Terms of Service
These terms govern your use of PPC Watchdog (the “Service”), provided by John Luis Raymundo (ABN 17 461 248 283), trading as Emergency Marketing (“we”, “us”, “our”). By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.
If you are entering into these terms on behalf of a company or other entity, you warrant that you have authority to bind that entity, and “you” refers to that entity.
1. What the Service does
PPC Watchdog monitors advertising accounts that you connect to it and notifies you when conditions you have configured are detected. It is a monitoring and alerting tool. It does not manage your advertising, and it does not make changes to your accounts.
The Service is an aid, not a substitute for managing your own accounts. You remain solely responsible for your advertising accounts, your spend, and the decisions you make. Alerts may be delayed, incomplete, incorrect, or may fail to arrive — including because of outages or changes at the advertising platform, which are outside our control. Do not rely on the Service as your only safeguard against overspend or campaign failure.
2. Your account
- You must be at least 18 years old and able to form a binding contract.
- You must provide accurate information and keep it current.
- You are responsible for keeping your login credentials secure, and for all activity under your account.
- Tell us promptly at hello@emergencymarketing.com.au if you suspect unauthorised access.
3. Connecting advertising accounts
To use the Service you authorise it to read data from your advertising accounts. By connecting an account, you represent and warrant that:
- You own the account, or have authority from its owner to connect it and to permit us to access its data;
- Connecting it does not breach any agreement between you and the advertising platform, or between you and your client; and
- Where the account belongs to a client, you have their informed consent.
We request read-only access. You can revoke access at any time from within the Service or through the advertising platform. Revoking access will stop the Service working for that account.
Your use of each advertising platform remains governed by that platform's own terms. We are not a party to those agreements and are not responsible for platform decisions, including suspension of your account or changes to their APIs.
4. Fees and payment
Where the Service is provided on a paid basis, the fees, billing period and inclusions are those shown at the time you subscribe. Unless stated otherwise:
- Fees are in Australian dollars and are inclusive of GST where applicable.
- Subscriptions renew automatically at the end of each billing period until cancelled.
- You authorise us to charge your nominated payment method for each renewal.
- You may cancel at any time, effective at the end of the current billing period. Access continues until then.
- Fees already paid are not refundable except where required by law, including under the Australian Consumer Law.
- We may change fees on 30 days' written notice. Changes take effect at your next renewal, and you may cancel before then if you do not accept them.
If a payment fails, we may suspend the Service until it is resolved.
5. Acceptable use
You must not:
- Use the Service unlawfully, or to breach a third party's rights;
- Connect an advertising account you are not authorised to access;
- Attempt to gain unauthorised access to the Service, other users' data, or our systems;
- Reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
- Resell, sublicense or provide the Service to third parties as your own, without our written agreement;
- Interfere with the Service's operation, including by placing unreasonable load on it or circumventing rate limits; or
- Use the Service to build a competing product.
6. Availability
We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. We may suspend the Service for maintenance, and will give notice where reasonably practicable. We may modify or discontinue features; if we discontinue a material feature or the Service itself, we will give you at least 30 days' notice and refund any prepaid fees covering the period after it ends.
7. Intellectual property
We own the Service, including its software, design and documentation. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, and nothing more.
You retain all rights in your data, including your advertising account data. You grant us a licence to access, process and display that data solely to provide the Service to you, as described in our Privacy Policy.
If you send us feedback or suggestions, we may use them without obligation or compensation to you.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under that law or any other law where doing so would be unlawful.
For services, if a failure is not a major failure you are entitled to have the problem fixed within a reasonable time and, if this is not done, to cancel and obtain a refund for the unused portion. You are also entitled to compensation for any other reasonably foreseeable loss or damage. If the failure is major, you are entitled to cancel and obtain a refund for the unused portion, or to compensation for the reduction in value.
9. Disclaimers
Subject to section 8, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all warranties, conditions and representations not expressly stated in these terms. In particular, we do not warrant that the Service will detect every issue in your advertising accounts, that alerts will be timely, accurate or delivered, or that using the Service will improve your advertising results or reduce your costs.
10. Limitation of liability
Subject to section 8, and to the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill, business opportunity or data, however arising.
- We are not liable for advertising spend incurred on your accounts, whether or not the Service alerted you to it.
- Our total aggregate liability arising out of or in connection with these terms or the Service, on any basis, is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, or (b) AUD $100.
- Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.
Each party must take reasonable steps to mitigate its loss.
11. Indemnity
You indemnify us against claims, losses and reasonable costs arising from your breach of these terms, your unlawful use of the Service, or your connecting an advertising account without proper authority — except to the extent the claim arises from our own breach, negligence or wilful misconduct.
12. Suspension and termination
You may cancel at any time from within the Service or by emailing us.
We may suspend or terminate your access if you materially breach these terms and do not remedy it within 14 days of written notice, if payment remains outstanding, or immediately where your use poses a security or legal risk, or is required by law.
On termination your right to use the Service ends. We will delete or de-identify your data in accordance with the retention periods in our Privacy Policy. You may request an export of your alert history before your account closes.
Sections 7, 9, 10, 11 and 14 survive termination.
13. Changes to these terms
We may update these terms. For material changes we will give at least 30 days' notice by email or through the Service. If you do not accept a change, you may cancel before it takes effect; continuing to use the Service afterwards means you accept the updated terms.
14. General
- Governing law. These terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of that state.
- Disputes. Before starting proceedings, the parties will attempt in good faith to resolve the dispute by discussion. This does not prevent either party seeking urgent interlocutory relief.
- Entire agreement. These terms and the Privacy Policy are the entire agreement between us about the Service, and supersede prior discussions.
- Severability. If a provision is unenforceable, it is severed and the rest continues in force.
- Waiver. A failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these terms without our written consent. We may assign them to a successor of the business on notice to you.
- Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.
15. Contact us
John Luis Raymundo, trading as Emergency Marketing
ABN 17 461 248 283
New South Wales, Australia
hello@emergencymarketing.com.au