TMS Group

Terms of Service

Last updated: 8 August 2026

These terms govern your use of tmscreatives.com (the "site") and, where applicable, the services provided by TMS Group ("TMS Group", "we", "us"). By using the site you agree to these terms. If you do not agree, please do not use the site.

About us

TMS Group is a digital marketing agency based in Kerala, India. We provide paid media management, search engine optimisation, social media management, content and creative services to business clients.

Using the site

You may use the site for lawful purposes only. You agree not to:

• Use the site in any way that breaches applicable law or regulation
• Attempt to gain unauthorised access to the site, its servers, or any connected system
• Introduce malicious code, or attempt to disrupt or overload the site
• Scrape, copy, or reproduce site content for commercial purposes without written permission
• Misrepresent your identity or affiliation when contacting us

Services and engagement

Nothing on this site constitutes an offer to provide services. Services are provided only under a separate written agreement, proposal or statement of work between TMS Group and the client, which sets out scope, deliverables, fees, and payment terms.

Where the terms of a signed client agreement conflict with these terms, the client agreement takes precedence for that engagement.

Client responsibilities

Where we deliver services, the client is responsible for:

• Providing timely access to advertising accounts, analytics platforms, websites and any other systems required to deliver the work
• Ensuring they have the right to grant that access
• Funding their own advertising accounts; media spend is paid directly to the advertising platform unless otherwise agreed in writing
• Reviewing and approving creative, copy and campaign settings where approval has been requested
• Ensuring their products, services, claims and landing pages comply with applicable law and platform policies

Account access

Where a client grants us access to their advertising or analytics accounts, we use that access solely to deliver the agreed services. We handle account data in line with our Privacy Policy. Clients may revoke access at any time; doing so during an engagement may prevent us from delivering the agreed work.

Performance

Digital marketing results depend on factors outside our control, including platform algorithms, auction dynamics, competitor activity, market conditions, product-market fit, and the client's own pricing, website and fulfilment. We apply professional skill and care, but we do not guarantee any specific outcome, ranking, traffic level, conversion rate, or return on ad spend. Any projections we provide are estimates, not commitments.

Intellectual property

The site and its content — text, design, graphics, logos and code — are owned by TMS Group or its licensors and are protected by applicable intellectual property law.

For client work, ownership of deliverables transfers to the client on full payment, unless the relevant agreement says otherwise. TMS Group retains ownership of its own pre-existing methods, templates, tools and know-how, and may reference completed work in its portfolio and case studies unless the client has asked in writing that we do not.

Third-party platforms

Our services involve platforms operated by third parties, including Google, Meta, Shopify and others. Use of those platforms is subject to their own terms and policies. We are not responsible for changes to, outages of, or decisions made by those platforms, including account suspensions, policy enforcement or pricing changes.

Confidentiality

Each party will keep confidential any non-public information received from the other in the course of an engagement, and will use it only for the purposes of that engagement. This obligation continues after the engagement ends.

Limitation of liability

To the fullest extent permitted by law, TMS Group is not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, data, or business opportunity, arising from use of the site or the services.

Our total liability in connection with any engagement is limited to the fees paid by the client to TMS Group for that engagement in the three months preceding the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded.

Indemnity

The client agrees to indemnify TMS Group against claims arising from materials, claims, products or instructions the client has supplied, or from the client's breach of applicable law or platform policy.

Termination

Either party may end an engagement in accordance with the notice terms in the relevant agreement. On termination, the client remains liable for fees for work completed and for committed costs incurred up to the termination date.

Governing law

These terms are governed by the laws of India. The courts of Kerala, India have exclusive jurisdiction over any dispute arising from them.

Changes to these terms

We may update these terms from time to time. The version in force is the one published on this page, and the "last updated" date reflects the most recent change.