Terms of Service

Effective Date: 1/01/2026
Company: FirstParty, operated by Boats LLC

1. Acceptance of Terms

By accessing or using the FirstParty website, software, services, or infrastructure (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Services.

2. Description of Services

FirstParty provides server-side tracking infrastructure, data routing, event forwarding, attribution configuration, analytics implementation, and related consulting services.

We do not operate advertising platforms. We do not control third-party systems including but not limited to Meta, Google, TikTok, Shopify, or other platforms.

3. No Performance Guarantees

FirstParty does not guarantee:

• Increased revenue
• Improved ad performance
• Platform approval or continued account access
• Specific attribution results
• Data accuracy from third-party systems

All marketing performance depends on factors outside our control, including platform algorithms, creative quality, budgets, audience targeting, and product-market fit.

You acknowledge that no specific financial outcome has been promised or guaranteed.

4. Client Responsibilities

You agree that:

• You are solely responsible for compliance with all applicable laws (including privacy, data protection, advertising, and consumer protection laws).
• You are responsible for obtaining all required user consents for data collection and processing.
• You are responsible for compliance with platform policies (Meta, Google, TikTok, etc.).
• You will not use the Services for illegal, deceptive, or prohibited purposes.

FirstParty is not responsible for regulatory penalties, ad account suspensions, or platform enforcement actions.

5. Data & Privacy

FirstParty acts as a service provider or data processor where applicable.

We do not sell personal data. We process data only as instructed by the client.

You warrant that you have lawful authority to transmit data to FirstParty for processing.

FirstParty is not responsible for:

• Data collected improperly by the client
• Inaccurate data supplied by the client
• Failure of third-party platforms to accept or process data

6. Third-Party Platforms

Our Services may integrate with third-party platforms. We do not control these platforms and are not liable for:

• API changes
• Platform outages
• Account bans or restrictions
• Data rejection
• Attribution discrepancies
• Policy enforcement decisions

Use of third-party platforms is at your own risk.

7. Payment Terms

All fees are non-refundable unless otherwise stated in writing.

Failure to pay may result in suspension or termination of Services.

You agree not to initiate chargebacks without first attempting to resolve disputes in good faith. Unauthorized chargebacks may result in collections action and recovery of fees, costs, and damages.

8. Intellectual Property

All infrastructure, configurations, methodologies, documentation, code, and proprietary systems remain the intellectual property of Boats LLC unless explicitly transferred in writing.

You may not copy, resell, reverse engineer, or redistribute any proprietary systems without written consent.

9. Confidentiality

Both parties agree to maintain confidentiality of non-public business, technical, and financial information disclosed during the engagement.

10. Disclaimer of Warranties

The Services are provided “as is” and “as available.”

We disclaim all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted availability

11. Limitation of Liability

To the maximum extent permitted by law:

FirstParty and Boats LLC shall not be liable for:

• Lost profits
• Lost revenue
• Loss of data
• Business interruption
• Platform account suspension
• Indirect or consequential damages

Our total liability shall not exceed the total amount paid by you to us in the three (3) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Boats LLC from any claims, damages, liabilities, fines, or legal expenses arising from:

• Your violation of law
• Your violation of platform policies
• Your misuse of the Services
• Data you provide to us

13. Termination

We reserve the right to suspend or terminate Services at our discretion for violation of these Terms.

Upon termination, access to infrastructure may be revoked.

14. Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in the State of Nevada, unless otherwise required by law.

You waive the right to participate in class action litigation.

15. Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict of law principles.

16. Modifications

We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.

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