1. Introduction
Welcome to KRAK ("the Platform"), a technology solution developed and operated by Global Marketing and Commerce ("GMC", "we", "our"), focused on the creation, optimization, management, and automation of digital advertising campaigns using artificial intelligence tools.
Use of the Platform implies full acceptance of these Terms and Conditions of Service ("Terms"). If the user does not agree with these Terms, they must refrain from using the Platform.
2. Service Provider Identification
Platform Operator: Global Marketing and Commerce (GMC)
Platform: KRAK
Website: gmarketingc.com
Contact: info@gmarketingc.com
WhatsApp: +57 3011050564
3. Purpose of the Service
KRAK is an AI-based technology platform focused on:
- Automated management of advertising campaigns.
- Optimization of digital ads.
- Generation of advertising recommendations.
- Automation of Google Ads campaigns.
- Management and monitoring of advertising spend.
- Optimization of advertising performance and results.
The Platform uses artificial intelligence and automation tools to generate strategic recommendations based on information provided by the user.
4. Nature of the Service
KRAK operates as an automated advertising support platform and does not constitute:
- A guarantee of sales.
- A guarantee of return on investment (ROI).
- A guarantee of ranking.
- A guarantee of lead generation.
- A guarantee of specific results.
Advertising results may vary depending on multiple external factors including market, competition, budget, quality of product or service, user's website, commercial offer, segmentation, geographic location, seasonality, and variables inherent to Google Ads and advertising platforms.
5. User Responsibility for Information Provided
The user acknowledges and accepts that the quality of the service depends directly on the quality, accuracy, precision, and level of detail of the information provided. GMC and KRAK rely on the data supplied by the user to generate advertising recommendations and automations. Incomplete, incorrect, outdated, or imprecise information may negatively affect campaign performance.
The user is solely responsible for the information uploaded to the Platform, commercial data provided, texts, images and assets used, legal compliance of their ads, and the truthfulness of advertising information.
6. How the Platform Works
Once the user (1) completes the required information, (2) reviews the AI-generated recommendation, and (3) approves the campaign within the Platform, KRAK may automatically proceed with activating the advertising campaign.
Campaigns will normally be active within the following 24 hours after user approval, subject to Google Ads validations, third-party advertising policies, automatic or manual ad review, and external technical factors.
7. User Control over Campaigns
The user retains control of their campaigns at all times. Using their access credentials, the user may review campaigns, monitor performance, adjust budgets, pause campaigns, reactivate campaigns, cancel campaigns, and close their account.
The user acknowledges that final management and supervision of the advertising account remains their responsibility.
8. Accounts and Access
To use KRAK, the user must create a valid account, use a legitimate email address, link their corresponding Google Ads account, and maintain the confidentiality of their credentials. The user is responsible for all activity carried out from their account.
9. Billing and Commission Policy
9.1 Advertising spend
The user freely defines the advertising budget they wish to invest in Google Ads.
9.2 Service commission
KRAK will charge a commission equal to fifteen percent (15%) of the amount effectively spent on advertising once the first fifty US dollars (USD $50) invested by the user have been exceeded.
Example:
- First USD $50: commission-free.
- Amounts beyond that: 15% commission.
9.3 Payment method
Charges will be processed via PayPal, credit cards, debit cards, and methods enabled by PayPal. Payments will be processed in favor of Global Marketing and Commerce.
10. Timing of Charges
The commission will be charged only after the corresponding advertising budget has been executed. This means that the service will already have been rendered, the spend will already have been executed, and the optimization and automation will already have been performed.
Therefore, the user accepts that there will be no refunds for commissions corresponding to budgets that have already been executed.
11. No-Refund Policy
Due to the digital, automated, and executed nature of the service:
- No refunds are issued on executed advertising budgets.
- No refunds are issued on commissions already charged for executed campaigns.
- No refunds are issued on services already rendered.
This particularly applies given that ads are activated automatically, technology resources are used immediately, and advertising platforms process spend in real time.
12. Cancellation and Account Closure
The user may cancel campaigns, stop spend, close their account, and discontinue use of the Platform at any time and with no minimum mandatory term. There is no contractual obligation of continuous permanence.
Account closure does not exempt the user from payment of outstanding amounts derived from previously executed campaigns.
13. Responsibility Regarding Google Ads and Third Parties
KRAK partially relies on third-party services including Google Ads. GMC does not control Google's algorithms, approval or rejection decisions, account suspensions, advertising restrictions, cost per click, advertising policy changes, or advertising market performance. The user accepts that such variables are beyond GMC's direct control.
14. Limitation of Liability
To the maximum extent permitted by law, GMC and KRAK will not be liable for loss of revenue, loss of sales, loss of business opportunities, unsatisfactory advertising results, advertising account suspensions, errors from third parties, changes in external platforms, service interruptions, or technical failures beyond GMC's control.
GMC's total liability will not exceed the amount effectively paid by the user during the last three (3) months of service.
15. Prohibited Use
The user may not use KRAK for illegal activities, deceptive advertising, fraud, spam, prohibited products, discriminatory content, intellectual property violations, or activities contrary to Google Ads policies. GMC may suspend or cancel accounts that fail to comply with these provisions.
16. Intellectual Property
The KRAK Platform, including software, interfaces, algorithms, automations, design, AI workflows, brand, and documentation, are the exclusive property of Global Marketing and Commerce or its respective licensors. The user acquires no ownership rights over the Platform.
17. Privacy and Personal Data
Processing of personal data is carried out in accordance with GMC's Global Personal Data Processing Policy. The user accepts that their data may be used for service delivery, advertising optimization, campaign automation, analytics, technology improvements, and legitimate advertising purposes. GMC does not sell personal databases.
18. Service Availability
Although GMC strives to maintain continuous availability, it does not guarantee that the Platform will operate uninterrupted or error-free. There may be maintenance, updates, technical interruptions, and third-party outages.
19. Service Modifications
GMC may modify functionalities, update tools, adjust prices, change integrations, and improve AI systems at any time.
20. Modification of the Terms
GMC may update these Terms and Conditions periodically. Continued use of the Platform constitutes acceptance of the modifications.
21. Governing Law
These Terms shall be governed by the applicable laws of the Republic of Colombia, without prejudice to international consumer protection or privacy rules that are mandatory according to the user's jurisdiction.
22. Contact
Email: info@gmarketingc.com
Website: gmarketingc.com
WhatsApp: +57 3011050564
23. Acceptance
By using KRAK, the user declares having read these Terms, understanding their content, accepting them voluntarily, and having legal capacity to contract.