Terms & Conditions

Wisthera Agency provides digital marketing, advertising, creative, strategy, website, email marketing, SEO and related services to businesses and organizations internationally. Our services include:

• Brand and marketing strategy
• Google Ads management
• Meta Ads management
• TikTok Ads management
• Paid advertising strategy and management
• Advertising creative, including imagery and video
• UGC and other advertising assets
• Email marketing
• SEO and AI search visibility
• Landing page strategy, design and development
• Website strategy, design and development
• Other related marketing and growth services agreed with a client

The specific services, deliverables, fees, timelines and responsibilities applicable to a client engagement will be set out in a separate written Service Agreement, proposal, statement of work or other written agreement between Wisthera and the relevant client.

Information about our services on the Website does not, by itself, constitute an offer or an agreement to provide services.

You may use the Website for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to the Website or its systems;
• Interfere with the security, operation or availability of the Website;
• Introduce viruses, malware or other harmful or technologically damaging material;
• Copy, reproduce, modify, distribute or exploit Website content without our permission;
• Use automated systems to scrape, extract or collect Website content where such activity is not permitted by law or by us;
• Use the Website or its content in a way that could damage Wisthera's reputation, business or intellectual property rights.

We reserve the right to restrict or terminate access to the Website where we reasonably believe that these Terms have been violated.

Unless otherwise stated, all content and materials appearing on the Website are owned by or licensed to Wisthera and are protected by applicable intellectual property laws. This includes, without limitation:

• The Wisthera name and branding;
• Logos and visual identity;
• Website design and layout;
• Written content;
• Graphics and visual materials;
• Original photographs, videos and other media;
• Marketing frameworks and methodologies;
• Other original materials published by Wisthera.

You may view and use the Website for your personal or internal business purposes.

You may not reproduce, republish, distribute, modify, sell, license or commercially exploit Website content without our prior written permission.

Any ownership or licensing rights relating to work created specifically for a client are governed by the applicable Service Agreement and are separate from the intellectual property rights described in this section.

The Website provides general information about Wisthera's services.

Services provided to clients are governed by the applicable Service Agreement or other written agreement entered into between Wisthera and the client.

Where there is a conflict between these Terms and a signed Service Agreement concerning the provision of services to a client, the Service Agreement will generally govern the relevant client engagement.

We reserve the right to modify, update or discontinue any service described on the Website without notice.

Digital marketing and advertising performance depends on numerous factors, many of which are outside Wisthera's control. Accordingly, unless expressly agreed otherwise in writing, Wisthera does not guarantee any particular:

• Revenue or sales;
• Number of leads or customers;
• Return on advertising spend (ROAS);
• Return on investment (ROI);
• Conversion rate;
• Cost per acquisition or cost per lead;
• Advertising performance;
• Website traffic;
• Search engine rankings;
• Organic traffic;
• AI search visibility;
• Advertising account approval;
• Platform approval or continued platform access;
• Business growth or other commercial outcome.

Any examples, case studies, statistics, performance figures or results presented on the Website are provided for illustrative purposes and should not be interpreted as a guarantee that another client will achieve the same or similar results.

Marketing performance can be affected by factors including, but not limited to, market conditions, competition, pricing, products or services, website performance, customer demand, advertising platforms, budgets, tracking systems and client decisions.

Wisthera may use or work with third-party platforms and services in connection with its work, including advertising platforms, analytics tools, website platforms, email platforms, social media platforms and other technology providers. These may include platforms such as Google, Meta, TikTok and other third-party services.

Third-party platforms operate independently of Wisthera and are subject to their own terms, policies and practices. Wisthera does not control and is not responsible for:

• Changes to third-party platform algorithms;
• Changes to advertising policies;
• Account suspensions or restrictions imposed by third parties;
• Changes to platform functionality;
• Changes to pricing or availability;
• Platform outages or technical failures;
• Data loss or interruptions caused by third-party services;
• Decisions made by third-party platforms regarding advertising, accounts, content or eligibility.

Where Wisthera is engaged to manage advertising or other third-party platforms on a client's behalf, the relevant client remains responsible for complying with the applicable third-party platform terms and policies.

We make reasonable efforts to ensure that information published on the Website is accurate and up to date. However, we do not guarantee that all information on the Website is:

• Complete;
• Accurate;
• Current;
• Error-free; or
• Suitable for every particular purpose.

The Website and its content are provided for general informational purposes and should not be treated as professional, legal, financial or other specialized advice. We may update, change or remove Website content at any time without notice.

The Website may contain links to websites, services or resources operated by third parties. These links are provided for convenience and informational purposes only.

Wisthera does not control third-party websites and does not necessarily endorse their content, products, services or practices. We are not responsible for the availability, accuracy, security, privacy practices or content of third-party websites. Your use of third-party websites is subject to the terms and policies applicable to those websites.

Your use of the Website may involve the collection and processing of personal data. Our handling of personal data is described in our Privacy Policy, which forms part of the information governing your use of the Website. Cookies are covered in our Cookie Policy.

Where Wisthera processes personal data on behalf of a client in connection with the provision of services, additional contractual terms or a separate Data Processing Agreement may apply where required by applicable law.

To the maximum extent permitted by applicable law, Wisthera will not be liable for any indirect, incidental, consequential, special or exemplary loss or damage arising from or relating to your use of the Website or reliance on information provided through the Website. This may include, without limitation, loss of:

• Profits;
• Revenue;
• Business opportunities;
• Data;
• Customers;
• Goodwill; or
• Business interruption.

Wisthera does not guarantee that the Website will always be available, secure, uninterrupted or free from errors, viruses or other harmful components.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law. Where a client has entered into a separate Service Agreement with Wisthera, any limitation of liability applicable to the provision of services will be governed by the terms of that Service Agreement.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Wisthera, its owner and representatives from claims, liabilities, losses, damages, costs and expenses arising from your:

• Violation of these Terms;
• Misuse of the Website;
• Violation of applicable law or the rights of another person or entity; or
• Unauthorized use of Website content or intellectual property.

This provision does not apply to the extent that the relevant claim or loss results from Wisthera's own unlawful conduct or liability that cannot legally be excluded.

We may update these Terms from time to time to reflect changes to the Website, our business, applicable legal requirements or our practices. When we make changes, we will update the "Last updated" date at the beginning of these Terms.

Your continued use of the Website after updated Terms are published constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible. The remaining provisions will continue to apply.

If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce that provision in the future.

These Terms govern your use of the Website.

For clients receiving services from Wisthera, the applicable Service Agreement, proposal, statement of work or other written agreement will govern the specific client engagement. These Terms do not replace or override the commercial terms agreed separately with a client unless expressly stated otherwise.

These Terms are governed by the laws applicable to Wisthera's place of establishment, subject to any mandatory provisions of law that may apply to users in their country of residence.

Nothing in these Terms is intended to deprive consumers of mandatory rights or protections that cannot legally be excluded under the laws applicable to them. Where a client enters into a separate Service Agreement with Wisthera, the governing law and dispute-resolution provisions of that agreement will apply to the relevant client relationship.

If you have any questions about these Terms or the Website, please contact Wisthera Agency, operating under Tugulan Andreea Persoana Fizica Autorizata, CUI 48848553, Romania, at hello@wisthera.agency.