Terms of Use
1.About these Terms
These Terms of Use govern your access to and use of www.somebodydigital.com and any associated webpages operated by Somebody Digital (the “Website”).
The Website is operated by:
Somebody Digital Limited, trading as Somebody Digital
Isle of Man registration number: 021989V
Registered office: First Floor, 11-13 Hill Street, Douglas, Isle of Man IM1 1EF
In these Terms, “Somebody Digital”, “we”, “us” and “our” refer to Somebody Digital Limited.
By using the Website, you agree to these Terms.
If you do not agree to these Terms, you should not use the Website.
2.About the Website
Somebody Digital is a digital marketing agency providing services including strategy, demand generation, paid media, search engine optimisation, account-based marketing, conversion rate optimisation, analytics and attribution, content and creative services, AI search optimisation and related digital marketing services.
The Website provides information about our business, services, capabilities, experience, insights and approach.
Unless expressly stated otherwise, material on the Website is provided for general information only.
3.These Terms do not govern client services
These Terms govern use of the Website only.
They do not govern marketing services or other professional services supplied by Somebody Digital to clients.
Any services we provide to a client will be governed by the applicable engagement letter, master services agreement, statement of work, terms and conditions or other written agreement entered into between the relevant parties.
If there is any inconsistency between these Website Terms and a signed client agreement in relation to services supplied to a client, the client agreement will prevail.
4.No contract created by an enquiry
Submitting an enquiry, booking a discovery call, requesting a proposal, exchanging emails or otherwise communicating with us through the Website does not by itself create a client relationship or bind either party to purchase or supply services.
A binding engagement will arise only when the parties enter into the appropriate agreement or otherwise expressly agree in writing that a contract has been formed.
Unless we have agreed otherwise in writing, you should not send highly confidential, privileged or commercially sensitive information through a general Website enquiry form.
Personal data submitted through the Website will be handled in accordance with our Privacy Policy.
5.Access to the Website
We may change, update, suspend, restrict or withdraw any part of the Website without notice.
We do not guarantee that:
- the Website will always be available;
- access will be uninterrupted;
- the Website will be free from errors;
- all content will remain available; or
- particular functionality will continue to be offered.
We may restrict access to any part of the Website where reasonably necessary for security, maintenance, legal or business reasons.
6.Intellectual property
Unless otherwise stated, all intellectual property rights in the Website and its content are owned by, or licensed to, Somebody Digital.
This includes, without limitation:
- text;
- copy;
- graphics;
- illustrations;
- photographs;
- video;
- audio;
- designs;
- layouts;
- reports;
- methodologies;
- frameworks;
- presentations;
- downloadable resources;
- software;
- source code;
- databases;
- branding; and
- the Somebody Digital name and logos.
Third-party names, brands, trademarks and logos displayed on the Website remain the property of their respective owners.
Nothing in these Terms transfers ownership of any intellectual property to you.
7.Permitted use
You may view and use the Website for lawful personal or internal business purposes.
You may print or download reasonable extracts for your own legitimate, non-commercial reference, provided that you do not alter the material or remove copyright, trademark or other proprietary notices.
Any other reproduction, publication, distribution, commercial exploitation or reuse requires our prior written permission unless permitted by law.
8.Prohibited use
You must not use the Website:
- unlawfully, fraudulently or maliciously;
- in a way that infringes our rights or the rights of another person;
- to introduce malware, malicious code or other harmful material;
- to attempt to gain unauthorised access to the Website, server, database or related systems;
- to interfere with the operation or security of the Website;
- to impersonate another person or misrepresent your identity or affiliation;
- to harvest personal data or contact information from the Website;
- to conduct unauthorised bulk scraping, crawling, data mining or systematic extraction of Website content;
- to reproduce substantial parts of the Website in another database, product or service;
- to use our content to train, develop or improve a machine-learning or generative artificial-intelligence model without our prior written permission; or
- for any purpose that could reasonably damage Somebody Digital, our systems, our clients or other users.
The restriction on automated extraction does not prevent ordinary indexing by legitimate public search engines for the purpose of providing publicly accessible search results, subject to our robots.txt instructions and other technical controls.
9.Our content is not advice
Website content is provided for general information and marketing purposes.
Although we make reasonable efforts to keep information accurate and useful, Website content is not intended to constitute legal, financial, accounting, investment or other regulated professional advice.
Digital marketing performance depends on numerous factors outside our control. Strategies, examples, opinions and observations appearing on the Website should therefore be considered in the context in which they are presented.
You should obtain appropriate specialist advice where necessary before acting on information that is material to your business.
10.Results, case studies and testimonials
The Website may contain case studies, campaign results, performance metrics, testimonials, awards or examples of work undertaken for clients.
These materials describe particular circumstances and are provided to illustrate our experience.
Past performance, results achieved for another client, projected outcomes, estimates or examples do not constitute a guarantee that the same or similar results will be achieved in another engagement.
Actual outcomes depend on matters including market conditions, budgets, competition, client resources, implementation, data quality, products, pricing, commercial decisions and other factors.
11.Downloads, frameworks and resources
We may make guides, frameworks, templates, reports, presentations, tools or other resources available through the Website.
Unless separate licence terms are provided, these materials are supplied for your internal business use only.
You must not, without our prior written permission:
- resell them;
- redistribute them commercially;
- represent them as your own work;
- remove attribution or proprietary notices; or
- incorporate a substantial part of them into a competing product, training programme, publication or commercial service.
12.Information you provide to us
You are responsible for ensuring that information you submit through the Website is lawful and, to the best of your knowledge, accurate.
You must not submit content that:
- infringes another person’s intellectual property or privacy rights;
- is unlawful, defamatory, fraudulent or malicious;
- contains malware or harmful code; or
- you do not have authority to provide.
You retain ownership of material you provide to us.
Where necessary to respond to an enquiry or provide functionality you have requested, you grant us a limited right to use that material for that purpose.
Feedback, ideas or suggestions that you voluntarily provide regarding our Website or services may be used by us to improve our business, provided that we do not disclose confidential information or use personal data contrary to our Privacy Policy.
13.Third-party websites and services
The Website may contain links to or integrations with third-party websites, platforms and services.
Those links are provided for convenience or information.
Unless expressly stated otherwise, we do not control or endorse third-party websites and are not responsible for their content, security, availability, products, services or privacy practices.
Your use of a third-party service may be governed by that provider’s own terms and policies.
14.Linking to our Website
You may link to publicly accessible pages on our Website provided that you do so fairly and lawfully.
You must not:
- suggest an association, approval or endorsement that does not exist;
- present our Website in a misleading context;
- frame our Website within another website without permission; or
- link from a website containing unlawful or seriously harmful material.
We may request removal of a link where we reasonably consider that it is misleading, harmful or inconsistent with these Terms.
15.Website security
We take reasonable measures to operate and secure the Website, but we cannot guarantee that it will always be secure or free from bugs, viruses or other harmful components.
You are responsible for maintaining appropriate security measures on devices and systems used to access the Website.
You must not knowingly introduce malicious or technologically harmful material or attempt to compromise the Website or associated infrastructure.
16.Liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud or fraudulent misrepresentation or for death or personal injury caused by negligence where such liability cannot lawfully be excluded.
Subject to that, the Website is provided free of charge and on an “as available” basis.
To the fullest extent permitted by law, we exclude warranties, representations or conditions that might otherwise be implied in relation to the Website or its content.
For users accessing the Website in the course of a business, trade or profession, we will not be liable for:
- loss of profit;
- loss of revenue;
- loss of business;
- loss of opportunity;
- loss of anticipated savings;
- loss of goodwill;
- loss or corruption of data;
- business interruption; or
- indirect or consequential loss,
arising solely from use of, inability to use, or reliance on the Website or Website content.
Nothing in these Terms affects any mandatory rights that cannot lawfully be excluded.
If you are accessing the Website as a consumer, your mandatory statutory rights are not affected.
17.Privacy and cookies
Our processing of personal data is described in our Privacy Policy.
Information about cookies and similar technologies should be read in conjunction with our Cookie Policy and the consent-management controls available on the Website.
18.Suspension and enforcement
Where we reasonably believe that a person has breached these Terms, compromised Website security or used the Website unlawfully, we may take appropriate steps including restricting or blocking access and, where appropriate, reporting unlawful activity to the relevant authorities.
19.Changes to these Terms
We may amend these Terms from time to time.
The current version will be published on the Website and identified by the “Last updated” date at the top of this page.
Changes apply from the time the revised Terms are published unless otherwise stated.
20.Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
21.No waiver
If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.
22.Governing law and jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Isle of Man.
Subject to any mandatory rights that apply to consumers or other users under applicable law, the courts of the Isle of Man will have jurisdiction in relation to disputes arising out of or in connection with use of the Website.
23.Contact
Questions concerning these Terms should be sent to:
Somebody Digital Limited
First Floor
11-13 Hill Street
Douglas
Isle of Man
IM1 1EF
Isle of Man registration number: 021989V
Email: hello@somebodydigital.com