INGENIUM DIGITAL HONG KONG LIMITED CLIENT PORTAL TERMS OF USE
Version 1.0 | March 31, 2026
BY REGISTERING FOR OR USING THE CLIENT PORTAL PROVIDED BY INGENIUM DIGITAL HONG KONG LIMITED ("INGENIUM DIGITAL", "WE", "US"), YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES, IN WHICH CASE "YOU" OR "YOUR" REFERS TO SUCH ENTITY AND ITS AFFILIATES.
Ingenium Digital Hong Kong Limited is a private company limited by shares, incorporated in Hong Kong with CR No. 3130087.
1. Definitions
Terms not otherwise defined have these meanings:
Ad or Advertisement: A commercial notice to promote a person, entity, brand, product, service, or event.
Ad Technologies: Digital advertising technologies including pixels, cookies, device IDs.
Affiliate: An entity that controls, is controlled by, or under common control with a party.
Agreement: These Terms of Use and amendments.
Client Data: Campaign data collected or received from you, including Client Personal Data unless excluded.
Client Materials: Ads, creatives, content, data uploaded or used via the Client Portal.
Client Report: Reports on Ad delivery or engagement, including pseudonymous data.
Laws: Applicable Hong Kong laws, rules, regulations.
Order: Order for services submitted and accepted via the Client Portal.
Privacy Rules: Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO"), and other applicable data protection laws and standards.
Client Portal: Our internet-accessible product for digital advertising solutions, including software, updates, and documentation (excluding Client Materials).
Services: Digital advertising management, measurement, analysis, and related services.
Site: Websites or apps where Ads are displayed.
Site Content: Materials on or linked to Sites.
Term: Continues until terminated by 30 days' notice.
Third-Party Offerings: Third-party services integrated via the Client Portal.
2. Overview
You submit Orders for Services via the Client Portal; we may reject in our discretion. Electronic acceptance binds you. We provide Services per these Terms; certain Services may have additional terms. You comply with third-party terms for Third-Party Offerings.
3. Account Creation and Access
You access via login/password for your account ("Your Account"). Provide accurate info; keep it updated and confidential. Notify us of unauthorized use. We may disable/delete access post-termination and delete Client Data after 30 days.
4. Limited Rights and Ownership
4.1 License: Non-exclusive, non-transferable license to use Client Portal during Term. No reverse engineering.
4.2 Our IP: We own all IP in Client Portal, enhancements, outputs.
4.3 Deliverables: You own deliverables excluding our IP; we license our IP as embedded.
4.4 Your Materials: You own Client Materials; you license us to use for Services.
4.5 Statistics: We may aggregate anonymized data for our use.
5. Confidential Information
Nonpublic info marked confidential or reasonably so. Exceptions for public info, prior knowledge. Protect as your own; disclose only as required by Law.
6. Data Protection and Privacy
6.1 Compliance: Comply with PDPO and Privacy Rules.
6.2 Client Personal Data: We process as your data processor per PDPO and your instructions.
6.3 Instructions: Process per your lawful instructions.
6.4 Policies: Use per your privacy policy; no merging without consent. No targeting children or sensitive data.
6.5 Measures: We maintain security for Client Data.
6.6 Subcontractors: Authorized with equivalent protections.
6.7 Ad Technologies: You ensure consents for Ad Technologies.
6.8 Site Requirements: Maintain compliant privacy policy on Sites.
6.9 Third-Party Tags: Your responsibility; we may block non-compliant.
6.10 PDPO: We process as service provider; no use beyond Services.
7. Your Responsibilities
7.1: You manage Client Materials, settings, performance.
7.2: Comply with Laws.
7.3 Acceptable Use: No illegal, infringing, harmful content or malware.
7.4: You are a business with authority.
7.5: Provide consents; notify errors.
7.6 Fees: Payable directly to Ingenium Digital per your Order.
8. Our Responsibilities and Disclaimers
8.1: Authorized and Law-compliant.
8.2: No guarantees on delivery (publishers, metrics, etc.); no SLAs, credits.
9. Disclaimer
Services "AS IS"; no warranties. Not liable for interruptions, unauthorized access. May change Services anytime.
10. Limitation of Liability
To maximum extent under Hong Kong law: no indirect damages; liability capped at fees paid to Ingenium Digital in prior 6 months.
11. Indemnification
You indemnify us against claims from your breach, Client Materials. We indemnify for our breach of IP warranties (standard mutual).
12. Termination
30 days' notice; immediate for breach. Surviving: IP, confidentiality, liability.
13. General
Entire agreement; severable. Assignment with consent. Force majeure. No waiver.
Governing Law: Laws of Hong Kong. Exclusive jurisdiction: courts of Hong Kong.