These Terms of Use ("Terms") govern your access to and use of the website located at cocomob.com (the "Site"), operated by Cocomob Ltd. ("Cocomob", "we", "our", or "us"). By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site.
These Terms apply to general visitors, prospective clients, and any person accessing the Site on behalf of a business or organisation. Use of our services is additionally governed by a separate Master Service Agreement ("MSA") or Statement of Work ("SOW") entered into with Cocomob. In the event of a conflict between these Terms and a fully executed MSA, the MSA shall prevail to the extent of the inconsistency.
Cocomob is a global performance marketing company specialising in the design, deployment, and optimisation of data-driven digital advertising programmes. Our core service lines include:
The Site serves as a marketing and informational resource. It does not in itself constitute the delivery of any professional service, and no information on the Site should be relied upon as professional marketing, legal, financial, or technical advice.
The Site is intended for use by individuals who are at least 18 years of age. By using the Site, you represent and warrant that you are 18 or older. Where you are accessing the Site or submitting an enquiry on behalf of a legal entity (such as a corporation, limited liability company, or partnership), you further represent that you have authority to bind that entity to these Terms, and that the entity meets any applicable eligibility requirements. We reserve the right to refuse access to or engagement with any person or entity at our sole discretion.
You may access and use the Site for lawful purposes, including to learn about our services, contact us with business enquiries, read our published content, and access resources we make publicly available.
You must not, and must not attempt to:
All content on the Site — including but not limited to text, graphics, logos, photographs, videos, icons, data compilations, software, and the selection and arrangement thereof — is the property of Cocomob Ltd. or its licensors and is protected by applicable copyright, trademark, database rights, and other intellectual property laws. The Cocomob name, logo, and all related marks, product names, and slogans are trademarks or registered trademarks of Cocomob Ltd. You may not use any of these marks without our prior written consent.
With respect to campaign materials, creative assets, and analytical deliverables produced by Cocomob under a client engagement: ownership of such materials is governed by the applicable MSA. In the absence of express assignment, all intellectual property rights in Cocomob's proprietary methodologies, tools, templates, bidding algorithms, and performance frameworks remain the exclusive property of Cocomob, even where applied in the delivery of client-specific work. Client-specific data, brand assets provided by the client, and deliverables expressly assigned in writing vest in the client as agreed.
Nothing in these Terms grants you a licence to use any intellectual property of Cocomob except as expressly stated herein or in a separate written agreement.
These Terms govern your use of the Site only. The provision of performance marketing services by Cocomob to a client is a distinct commercial relationship governed by a separately executed Master Service Agreement (MSA), Statement of Work (SOW), or equivalent written agreement. Such agreements set out the specific scope of services, fee structures, KPIs, IP ownership provisions, data processing arrangements, and other commercial terms applicable to that engagement.
No information submitted through the Site's contact forms or communicated via email constitutes an offer to purchase services or a binding contractual commitment by either party until a formal written agreement has been executed by authorised representatives of both parties. Estimates, proposals, or indicative pricing communicated informally are non-binding.
In the course of exploratory discussions and service delivery, each party may disclose to the other information that is proprietary or confidential, including business plans, client lists, financial information, campaign strategies, technical specifications, and pricing ("Confidential Information"). Each party agrees to: (i) hold the other's Confidential Information in strict confidence using no less than the same degree of care it uses to protect its own confidential information (but in no event less than reasonable care); (ii) not disclose Confidential Information to any third party without prior written consent, except to employees, contractors, or advisors with a need to know who are bound by equivalent confidentiality obligations; and (iii) use Confidential Information solely in connection with the evaluation or performance of services. These obligations do not apply to information that: (a) is or becomes publicly available without breach; (b) was rightfully known before disclosure; (c) is independently developed; or (d) must be disclosed by law or court order, provided that prompt prior notice is given where legally permissible.
THE SITE AND ALL CONTENT AND INFORMATION THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
Specifically, and without limiting the foregoing:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COCOMOB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN CIRCUMSTANCES WHERE LIABILITY CANNOT BE ENTIRELY EXCLUDED, THE AGGREGATE LIABILITY OF COCOMOB TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO COCOMOB IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED POUNDS STERLING (£100) OR THE LOCAL EQUIVALENT.
Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Cocomob and its directors, officers, employees, affiliates, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Site in violation of these Terms; (b) your violation of any applicable law or regulation; (c) any content or information you submit to or through the Site; or (d) your infringement of any intellectual property or other right of any third party. Cocomob reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.
The Site may contain links to third-party websites, platforms, tools, or services, including Google, Meta, LinkedIn, and other advertising ecosystems to which Cocomob provides managed access on behalf of clients. Cocomob has no control over the content, policies, or practices of these third parties and assumes no responsibility for them. The inclusion of any link does not imply our endorsement or affiliation with the linked site or service. You access third-party sites at your own risk and should review their terms and privacy policies independently. Cocomob is not responsible for the availability, accuracy, or legality of any third-party site or the products or services offered thereon.
In the course of delivering managed advertising services, Cocomob processes campaign data, performance metrics, conversion data, and audience insights. As between Cocomob and its clients, personal data provided by or generated on behalf of a client ("Client Data") remains the property of the client, and Cocomob processes it solely as a data processor in accordance with the applicable Data Processing Agreement.
Cocomob retains ownership of, and the right to use, aggregated, anonymised, or de-identified insights, benchmarks, and analytical outputs derived from campaign data across its client portfolio, provided that such outputs cannot be used to identify any individual client, campaign, or end user. These aggregated insights may be used to improve our services, develop thought leadership content, and inform our proprietary bidding and optimisation methodologies.
These Terms shall be governed by and construed in accordance with the laws of England and Wales (for clients and users based in Europe, the UK, the Middle East, and Africa) or the laws of the Hong Kong Special Administrative Region (for clients and users based in the Asia-Pacific region), without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of England and Wales or the courts of Hong Kong SAR, as applicable, for the resolution of any dispute arising out of or relating to these Terms or your use of the Site, subject to the arbitration clause below.
For disputes between Cocomob and international clients involving claims exceeding USD 10,000, either party may elect to resolve the dispute by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its Arbitration Rules then in effect. The seat of arbitration shall be London, England (for EMEA disputes) or Hong Kong SAR (for APAC disputes). The language of the arbitration shall be English. Any award rendered by the arbitral tribunal shall be final and binding and may be entered and enforced in any court of competent jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF THIS WAIVER IS FOUND UNENFORCEABLE, THEN THE ARBITRATION PROVISIONS IN SECTION 13 SHALL NOT APPLY AND THE DISPUTE SHALL BE RESOLVED IN COURT IN ACCORDANCE WITH THE GOVERNING LAW AND JURISDICTION SET OUT ABOVE.
Cocomob shall not be liable for any failure or delay in performing its obligations under these Terms or any service agreement where such failure or delay results from circumstances beyond Cocomob's reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, governmental actions or restrictions, internet or telecommunications network failures, cyberattacks, power outages, or actions or decisions by third-party advertising platforms (including platform outages, policy changes, or account suspensions outside Cocomob's control). Cocomob will notify affected parties promptly and use reasonable endeavours to mitigate the impact of any such event.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.
No failure or delay by Cocomob in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy precludes any other or further exercise of that right or any other right or remedy. A waiver of any breach shall not be deemed a waiver of any subsequent or continuing breach.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Cocomob with respect to your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Site. They do not supersede or modify any executed MSA or other commercial service agreement.
We reserve the right to update or modify these Terms at any time. Changes will be posted to this page with an updated "Last Updated" date. For material changes, we may provide additional notice through the Site or by email. Your continued use of the Site after the posting of updated Terms constitutes your acceptance of those changes. If you do not agree to updated Terms, please discontinue your use of the Site.
If you have questions about these Terms of Use, please contact us at:
Cocomob Ltd.
Email: hello@cocomob.com