Terms of Service

1 Services

AimHigher provides Web3 marketing services, which may include performance marketing, campaign management, content, social and community growth, and related work as described in each engagement's scope. Engagements are either project-based (defined scope and fee) or retainer-based (recurring monthly services), as agreed in writing for each Client.

The specific scope, deliverables, timeline, and fees for each engagement are set out in a separate proposal, statement of work, or order confirmation ("Engagement Details"), which forms part of these Terms.

2 Fees and payment

Fees are as stated in the Engagement Details. Unless agreed otherwise in writing:

• Project work: payable in full up front, before work commences.
• Retainers: invoiced monthly in advance.
• Invoices, other than project work payable before commencement, are payable within fourteen (14) days.
• Fees are exclusive of VAT/BTW where applicable.
• Media and advertising spend and any third-party costs are passed through to you and are payable in addition to our fees.

All fees are non-refundable once work on the relevant engagement or billing period has commenced. You acknowledge that a substantial part of our costs and effort is incurred at the outset of a campaign or billing period, and that our pricing reflects this.

Late payment may result in immediate suspension of services and entitles us to statutory commercial interest and reasonable collection costs as permitted under Dutch law.

3 Client responsibilities

You agree to provide timely access to information, assets, accounts, and approvals reasonably needed for the work. Delays in providing these may affect timelines and are not our responsibility.

4 Intellectual property

All intellectual property in the work, including deliverables, and in our pre-existing materials, methods, tools, templates, and know-how, remains owned by AimHigher. On full payment for the relevant engagement, we grant you a non-exclusive, non-transferable licence to use the final deliverables for your own business purposes. No ownership of any intellectual property transfers to you. We may showcase completed work in our portfolio and case studies unless you request otherwise in writing.

5 Confidentiality

Each party will keep the other's non-public information confidential and use it only for the engagement. This does not apply to information that is public, independently developed, or required to be disclosed by law.

6 Data protection

Each party will comply with applicable data protection law, including the EU General Data Protection Regulation ("GDPR") and the Dutch implementing legislation (Uitvoeringswet AVG), in respect of any personal data processed in connection with an engagement.

Where AimHigher processes personal data on your behalf (for example, audience or contact data you provide or that we collect while running your campaigns), you act as controller and AimHigher acts as processor, and such processing is carried out on your documented instructions and for the purposes of delivering the agreed services. Each party is responsible for maintaining an appropriate lawful basis for the personal data it provides or directs us to process. Where required, the parties will enter into a separate data processing agreement, which will prevail over this Section in the event of conflict.

7 Client warranties and compliance (Web3)

You warrant and represent that:

• You have the right to engage us and to provide any materials, tokens, or information you supply;
• Your project, token, product, or service — and any claims you ask us to promote — comply with all applicable laws and regulations in every relevant jurisdiction, including securities, financial-promotion, consumer-protection, and crypto-asset regulation (including, where applicable, the EU Markets in Crypto-Assets Regulation, "MiCA");
• You are responsible for the legality, accuracy, and substantiation of any claims, figures, or representations you provide or ask us to publish;
• You will obtain any regulatory approvals or disclosures required for your offering.

You are solely responsible for the regulatory status of your own project. AimHigher provides marketing services and does not assume the role of issuer, offeror, adviser, or guarantor in respect of your project.

8 No financial advice; limits of our role

AimHigher provides marketing and promotional services only. We do not provide financial, investment, legal, tax, or accounting advice, and nothing we produce constitutes an offer, solicitation, endorsement, or recommendation to buy, sell, or hold any asset. We do not guarantee investment outcomes, token performance, listing outcomes, or price movements.

Where our work concerns marketing communications for crypto-assets, responsibility for the underlying compliance of the offering and its claims rests with you as the Client, and you agree the allocation of responsibilities in Section 7 reflects that.

9 No guarantee of results

Marketing outcomes depend on many factors outside our control, including your product, market conditions, and third-party platforms. We commit to professional effort and the agreed deliverables, but we do not guarantee specific results, conversion rates, revenue, reach, or return on spend.

10 Third-party platforms

Campaigns may run on third-party platforms (for example advertising networks and social platforms) with their own rules. We are not responsible for platform decisions such as account suspensions, ad rejections, policy changes, or downtime. You are responsible for maintaining any accounts in your name.

11 Limitation of liability

To the fullest extent permitted by law, AimHigher's total aggregate liability arising from or connected to an engagement — whether in contract, tort, or otherwise — is limited to the fees actually paid by you for that engagement. For retainer engagements, our liability is further limited to the fees paid for the single month in which the event giving rise to the claim occurred. We are not liable for any indirect, consequential, or incidental loss, nor for lost profits, lost revenue, lost opportunities, loss of goodwill, or loss or corruption of data, even if advised of the possibility. Media and advertising spend and third-party costs are excluded from any liability. Nothing in these Terms excludes or limits liability that cannot be excluded under Dutch law, in particular liability for intent or deliberate recklessness (opzet of bewuste roekeloosheid).

12 Term and termination

A project engagement runs until the agreed deliverables are completed. A retainer engagement continues monthly until cancelled.

Either party may cancel a retainer by giving written notice before the start of the next monthly billing period. Cancellation takes effect from the end of the current paid period: it ends future billing but does not entitle you to any refund of fees already paid, and the current period is delivered and billed in full.

Fees already paid are non-refundable once work on the relevant engagement or period has commenced, reflecting that our costs are substantially incurred at the outset.

We may suspend or terminate immediately if you fail to pay, breach these Terms, or ask us to do anything we reasonably consider unlawful, non-compliant, or harmful to our reputation. On termination you remain liable for all fees and committed costs up to and including the current period. Sections that by their nature should survive (including 4, 5, 6, 7, 8, 11, 13, and 14) survive termination.

13 Indemnity

You will indemnify, defend, and hold harmless AimHigher against any and all third-party claims, demands, losses, damages, fines, and costs (including reasonable legal fees) arising from or connected to your project, your materials, the claims or content you asked us to publish, the regulatory status of your offering, or your breach of these Terms. This indemnity is not subject to the limitation of liability in Section 11.

14 Governing law and disputes

These Terms are governed by the laws of the Netherlands. Any dispute will be submitted exclusively to the competent court in Amsterdam, the Netherlands.

15 General

If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We may update these Terms; the version in force at the start of an engagement applies to it.

16 Contact