Privacy Policy

1. Introduction

Welcome to Thinkbay Marketing FZCO (“we,” “our,” “us”). These Terms govern use of our services and our in-house AI-based marketing analysis, recommendations and reporting tools (“Services”) by users. In these terms “User” or “Client” means any individual or entity using our Services, and “Services” means the paid marketing services and AI tools as described herein or in the Engagement Agreement.

2. Acceptance

By accessing, using our Services, signing an engagement letter, creating an account or making any payment to us, you agree that you have read, understood, and agreed to be bound by these Terms, together with any supplemental terms contained in applicable engagement agreement. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree with these Terms, you must not access or use the Services.

3. Services Provided

We offer paid digital marketing services and AI-driven tools designed to help clients and agencies optimize marketing campaigns and reporting. The specific scope, deliverables, and timelines for each project or subscription will be set out in the relevant Engagement Agreement or order form. Service delivery may depend on the availability and performance of third-party platforms (such as Meta, Google Ads, or other advertising networks) and is subject to their respective terms, policies, and technical limitations. We do not control these platforms and are not responsible for account suspensions, changes in policies, outages, or other events outside our reasonable control. While we aim to provide high-quality strategies and technical execution, we do not guarantee specific marketing results, sales performance, or return on investment, as these depend on numerous factors beyond our control, including market conditions, client budget, and third-party platform performance.

4. User Obligations

  1. 4.1 Provide Accurate Information – Supply complete, accurate, and up-to-date information necessary for us to deliver the Services, and promptly inform us of any changes.
  2. 4.2 Lawful Use – Use our Services only for lawful purposes and in compliance with all applicable laws, regulations, advertising standards, and third-party platform policies (including but not limited to Meta, Google, and other advertising networks).
  3. 4.3 Content Responsibility – Ensure that all content, creatives, targeting parameters, and data you provide do not infringe the rights of any third party, contain illegal or harmful material, or violate applicable laws or platform rules. You are solely responsible for securing all necessary rights, licenses, and consents for such content and data.
  4. 4.4 Prohibited Conduct – You must not (i) submit or transmit any malicious code or harmful materials, (ii) attempt to gain unauthorized access to our systems or reverse-engineer our tools, (iii) use the Services to compete with us, or (iv) engage in any activity that disrupts or damages our systems or reputation.
  5. 4.5 Data Compliance – If you provide personal data (including customer or prospect information), you warrant that you have obtained all required consents and authorizations under applicable data protection laws (including UAE PDPL) for us to process such data to deliver the Services.

You acknowledge that failure to comply with these obligations may result in suspension or termination of Services, without any refund, and you agree to indemnify us for any claims, losses, or damages arising from your breach of this clause.

5. Fees & Payments

  1. 5.1 Fees – Fees for our paid marketing services, subscriptions (“Subscription Fees”), or pay-per-use services will be as set out in:
    1. the applicable Engagement Agreement, order form, or invoice; or
    2. as displayed within our online platform or portal at the time of use (including any estimated fees, usage-based charges, or one-time service fees).
  2. 5.2 Platform-Displayed & Pay-Per-Use Fees – Where fees are displayed in our platform or portal, you agree to pay the stated amount upon confirmation or completion of the relevant service or usage cycle. In some cases, fees displayed may be estimates, with the final amount calculated based on actual usage or consumption, as recorded by our systems or third-party providers.
  3. 5.3 Invoiced Services – Where we issue an invoice for services to be settled later, payment terms shall be as set out in the applicable Engagement Agreement, order form, or invoice.
  4. 5.4 Taxes – All amounts are exclusive of applicable taxes, duties, or levies unless expressly stated otherwise, and you are responsible for paying such taxes.
  5. 5.5 Non-Refundable – All fees are non-refundable except as expressly provided in the applicable Engagement Agreement or required by applicable law.
  6. 5.6 Late Payments – For invoiced amounts not paid by the due date, we may charge interest at 1.5% per month (or the maximum rate permitted by law, if lower), calculated daily from the due date until the date of payment.
  7. 5.7 Suspension of Services – We reserve the right to suspend or withhold Services (including access to the platform, deliverables, or third-party accounts) until all outstanding amounts are fully paid.
  8. 5.8 Currency & Exchange Rates – For payments in a currency other than AED, any currency conversion differences, bank fees, or payment processor charges are your responsibility.
  9. 5.9 No Set-Off – You may not set off or withhold any amounts due against any claim unless agreed in writing.

6. Intellectual Property

  1. 6.1 Our Rights – We (and our licensors, if any) own and retain all rights, title, and interest, including all intellectual property rights, in and to:
    1. our proprietary software, AI tools, algorithms, data models, platforms, scripts, dashboards, and methodologies;
    2. all enhancements, modifications, and derivative works thereof; and
    3. our trademarks, service marks, trade names, and branding.
  2. 6.2 License to Deliverables – Subject to your full payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the deliverables we provide to you (such as campaign reports, creative files, or strategy documents) solely for your internal business purposes and in accordance with the Engagement Agreement.
  3. 6.3 Restrictions – You may not:
    1. copy, reproduce, modify, distribute, or create derivative works from our proprietary tools or deliverables, except as expressly permitted in writing;
    2. reverse-engineer, decompile, or attempt to extract source code or underlying ideas from our software or AI tools;
    3. use our tools, deliverables, or data to develop or train competing products or services; or
    4. remove, obscure, or alter any proprietary notices, watermarks, or branding from deliverables.
  4. 6.4 Client Materials – You retain ownership of all content, data, and materials you provide to us (“Client Materials”). You grant us a non-exclusive, royalty-free, worldwide license to use, copy, display, store, transmit, and adapt Client Materials solely as necessary to provide the Services. You warrant that you have all rights and permissions necessary to grant this license.
  5. 6.5 Aggregated and Anonymized Data – We may compile, use, and publish aggregated and anonymized data derived from the provision of the Services, provided that such data does not identify you or any individual.

7. Confidentiality

Both parties shall keep confidential any non-public information exchanged for the duration of the agreement.

8. Limitation of Liability

To the maximum extent permitted by UAE law, we’re not liable for indirect, incidental, or consequential damages, even if advised of the possibility. Our total liability shall not exceed the amounts paid by the client.
You agree that publishing and managing ads on Facebook and Instagram through Thinkbay Marketing FZCO is entirely your responsibility and you must evaluate and bear all risks and losses, and that you will bear all risks associated with doing so. Thinkbay merely provides you with consultation and technical application for advanced management of third party advertising platforms.

9. Termination

Either party may terminate for material breach with 30 days’ notice. Upon termination, outstanding payments become due and each party must return or delete the other's confidential information.

10. Governing Law

These Terms, and any dispute, controversy, or claim arising out of or relating to them, their subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Arab Emirates,(UAE) as applied in the Emirate of Dubai, without regard to its conflict of law principles.
If the parties are unable to resolve any dispute through good faith negotiations within thirty (30) days, the dispute shall be referred to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, unless the applicable Engagement Agreement specifies that the dispute will be resolved by binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC), in which case such rules shall apply. The language of arbitration (or court proceedings) shall be English.

11. Amendments

We may update these Terms at any time—updated Terms become effective upon posting, with reasonable notice given to existing clients.