Terms & Conditions of Use
Horus Media Limited
Last Updated: 20 May 2026
Corporate Legal Framework
13. LIMITATION OF LIABILITY
13.1 Limitations. To the maximum extent permitted by applicable law and except as expressly provided otherwise:
(a) Horus Media shall not be liable for any indirect, consequential, special, incidental, punitive or exemplary damages, nor for loss of profits, revenue, goodwill, data, business opportunities or anticipated savings, even if foreseeable;
(b) Horus Media's aggregate liability arising out of or in connection with the Services in any twelve (12)-month period shall not exceed the total Fees paid by the Customer in that period for the specific Service giving rise to the claim;
(c) Horus Media does not warrant any specific commercial result (e.g. ROAS, conversions, sales volume, ranking) of marketing campaigns, AI agents or web applications, since such results depend on numerous external factors outside our control.
13.2 Carve-outs. Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable mandatory law, including (without limitation):
(a) liability for death or personal injury caused by negligence;
(b) liability for fraud or fraudulent misrepresentation;
(c) liability for gross negligence or wilful misconduct;
(d) non-waivable consumer-protection rights;
(e) any other liability that, under applicable law, cannot be excluded.
13.3 Customer liability. The Customer is liable for all losses, damages, fines and expenses (including reasonable legal fees) suffered by Horus Media as a result of:
(a) the Customer's breach of these Terms;
(b) the Customer's negligence, fraud or wilful misconduct;
(c) use of the Services by the Customer or its authorised users in violation of applicable law.
14. REPRESENTATIONS AND WARRANTIES
14.1 By the Customer. The Customer represents and warrants that:
(a) if a legal entity, it is duly incorporated, validly existing and in good standing;
(b) it has the full power and authority to enter into and perform these Terms;
(c) it holds all licences, permits and authorisations required for its business;
(d) execution of these Terms does not violate applicable law or any other agreement;
(e) it complies with all applicable laws (tax, data-protection, AML, sanctions, consumer-protection);
(f) information provided to Horus Media is true, accurate and complete;
(g) it is not domiciled or established in Hong Kong SAR.
14.2 By Horus Media. We warrant to provide the Services with reasonable skill and care in accordance with these Terms and with the relevant SOW.
Except as expressly stated, the Services are provided "as is" and "as available" without any other express or implied warranty, including (without limitation) implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by law.
This Section does not limit Consumers' non-waivable statutory rights.
15. INDEMNIFICATION (Business Customers only)
15.1 Business Customer indemnity. To the extent permitted by law, a Business Customer shall indemnify, defend and hold harmless Horus Media, its affiliates, directors, officers, employees and agents from and against any third-party claim, loss, damage, fine, liability, cost or expense (including reasonable legal fees) arising out of or in connection with:
(a) the Business Customer's breach of these Terms or the AUP;
(b) violation of any law or third-party right by the Business Customer or its authorised users;
(c) the Business Customer's content, products or services;
(d) tax obligations of the Business Customer.
15.2 Notice and cooperation. We will notify the Business Customer promptly of any claim covered by this Section 15 and allow the Business Customer to participate in defence and settlement at the Business Customer's expense.
16. CONFIDENTIALITY
16.1 Mutual undertaking. Each party undertakes to:
(a) treat as strictly confidential all non-public information disclosed by the other party in connection with the Services ("Confidential Information");
(b) use it only for the purpose of performing the Services;
(c) not disclose it to third parties without prior written consent, except to advisors and personnel on a need-to-know basis under equivalent confidentiality obligations;
(d) protect it with at least the same degree of care it uses to protect its own confidential information, and in any event no less than reasonable care.
16.2 Exceptions. The above obligations do not apply to information that is:
(a) public knowledge through no breach;
(b) lawfully obtained from a third party without restriction;
(c) independently developed without reference to Confidential Information;
(d) required to be disclosed by law, regulation, court or competent authority.
16.3 Duration. The confidentiality obligations survive termination of these Terms for a period of five (5) years, or indefinitely with respect to trade secrets.
17. DATA PROTECTION AND PRIVACY
17.1 Our processing. Horus Media processes personal data in accordance with our Privacy Policy and applicable data-protection laws (EU GDPR, UK GDPR + DPA 2018, Hong Kong PDPO).
17.2 Customer's role. Where the Business Customer uses the Services to process personal data of its own end-customers (e.g. through a CRM, chatbot or marketing campaign developed for it), the Business Customer acts as data controller and Horus Media may act as data processor in accordance with a separate Data Processing Agreement ("DPA") signed between the parties pursuant to Art. 28 GDPR.
In the absence of a separate DPA, the data-processing clauses included in the relevant SOW apply.
17.3 Business Customer warranties. The Business Customer warrants that:
(a) it has all the necessary legal bases, consents and notices to lawfully transfer personal data to Horus Media for the purposes of the Services;
(b) its own privacy notice to data subjects affords protection no less than that of our Privacy Policy;
(c) it cooperates promptly with Horus Media regarding data-subject requests and supervisory-authority enquiries.
18. TERM, SUSPENSION AND TERMINATION
18.1 Term. These Terms become effective when the Customer accepts them (e.g. by ticking a box at checkout, signing a quote or placing an Order) and remain in force until terminated as set out below or until the Services have been fully performed and paid for.
18.2 Termination for convenience.
(a) For ongoing or subscription Services, either party may terminate by giving thirty (30) days' written notice;
(b) Consumers may exercise the 14-day right of withdrawal under Section 8.1, where applicable;
(c) Cancellation of one-off purchases is governed by Section 8.
18.3 Termination for cause. Either party may terminate immediately by written notice if the other party:
(a) materially breaches these Terms and fails to remedy the breach within fifteen (15) days of written notice (where remediable);
(b) becomes insolvent, files for bankruptcy or is subject to similar proceedings.
18.4 Suspension or termination by Horus Media. In addition, Horus Media may suspend or terminate the Services with immediate effect if:
(a) the Customer breaches the Acceptable Use Policy;
(b) we have reasonable grounds to suspect fraud, money laundering, sanctions breach or other unlawful conduct;
(c) continuation of the Services would expose us to legal, regulatory or reputational risk;
(d) requested to do so by a competent authority or by Airwallex;
(e) the Customer fails to satisfy KYC/KYB requirements under Section 10.
18.5 Effects of termination. Upon termination:
(a) the Customer's right to use the Services ceases;
(b) we may disable access to the account and Digital Content;
(c) all Fees accrued up to termination remain due;
(d) Sections that by their nature should survive (IP, confidentiality, liability, indemnity, AML, governing law) survive termination;
(e) any refund is processed in accordance with Section 8.
19. FORCE MAJEURE
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental actions, pandemics, strikes, internet or telecommunications failures, cyber-attacks, or failures of third-party services (Airwallex, Meta, Google, Telegram, OpenAI, hosting providers).
The affected party shall promptly notify the other and use reasonable efforts to mitigate the impact.
If the event continues for more than sixty (60) days, either party may terminate without liability, except for amounts already due.
20. SERVICE AVAILABILITY
20.1 Best efforts. We aim to provide the Services on a continuous basis but do not warrant uninterrupted or error-free operation.
The Services may be temporarily unavailable for planned maintenance, security updates, infrastructure changes or causes outside our reasonable control.
Where reasonably practicable, we will provide advance notice of planned downtime.
20.2 Third-party platforms. The Services may rely on third-party platforms (Airwallex, Meta, Google, Telegram, OpenAI, hosting providers).
We are not responsible for outages, policy changes or modifications of such third-party platforms but will use reasonable efforts to restore the Services promptly.
21. COMMUNICATIONS AND NOTICES
21.1 Notices to the Customer. We may send communications by email at the address provided, or by posting a prominent notice on the Website.
The Customer is responsible for keeping contact details up to date.
21.2 Notices to Horus Media. The Customer may send communications to [email protected] and, for formal legal notices, by registered mail to the registered office in Section 1.1.
21.3 Deemed receipt. Notices are deemed received on the date of email delivery or, for registered mail, on the date of actual receipt or, if earlier, on the seventh (7th) business day after posting.
22. DISPUTE RESOLUTION
22.1 Amicable resolution. Before initiating any legal action, the parties undertake to attempt to resolve any dispute amicably by good-faith negotiation.
The Customer agrees to first contact us at [email protected].
22.2 Governing law. These Terms are governed by, and construed in accordance with, the laws of Hong Kong, without regard to its conflict-of-laws rules.
22.3 Jurisdiction (Business Customers). For Business Customers, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
22.4 Consumers — protection of mandatory rights. Notwithstanding Sections 22.2 and 22.3, if the Customer is a Consumer domiciled in the European Union or in the United Kingdom:
(a) such Consumer additionally benefits from the protection of mandatory consumer-protection laws of the country of habitual residence;
(b) such Consumer may bring proceedings before the courts of the country of habitual residence and may also be sued only before those courts.
EU Consumers may also use the European Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr/
22.5 Limitation period. To the maximum extent permitted by applicable law, any claim arising out of these Terms must be brought within twelve (12) months from the event giving rise to the claim.
This Section does not affect non-waivable statutory limitation periods applicable to Consumers.
23. GENERAL PROVISIONS
23.1 Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, the Acceptable Use Policy and any signed SOW or order form, constitute the entire agreement between the parties and supersede any prior agreement on the subject matter.
23.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
23.3 No waiver. Failure by either party to enforce any right does not constitute a waiver of that or any other right.
23.4 Assignment. The Customer may not assign or transfer its rights or obligations without our prior written consent.
Horus Media may assign these Terms in the context of a corporate transaction (merger, acquisition, reorganisation) provided the rights of the Customer are not adversely affected.
23.5 Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
23.6 Third-party rights. Save as expressly stated, no third party shall have any right to enforce these Terms.
23.7 Headings. Headings are for convenience only and do not affect interpretation.
24. CONTACT
For any question, complaint, refund request or legal communication, please contact:
Horus Media Limited
Flat 5, 4/F, Won Hing Building, 74–78 Stanley Street, Central, Hong Kong
E-mail:
[email protected]
Website:
https://horusmediasolution.com
— End of Terms and Conditions —