Intermediary Role & Acceptance
These Terms of Service (“Terms”) constitute a binding agreement between you (“Client”) and Successful Destiny℠ (“Agency”), which acts exclusively as an intermediary connecting Clients with independently contracted marketing experts (“Contractor”). By accessing or using our website (http://www.successfuldestiny.com) or engaging our services, you acknowledge and accept these Terms in full.

Services & Contractor Vetting
The Agency facilitates delivery of social media marketing, influencer marketing, copywriting, and email marketing services (“Services”) through vetted contractors who:
a. Possess C1-level English proficiency or higher.
b. Maintain at least ten (10) years of proven industry experience.
c. Demonstrate a track record of successful campaign management.

ROAS Measurement & Performance Fee
As a performance-based intermediary, our fee equals 15 % of the Client’s ROAS, calculated as (revenue generated via social media marketing ÷ total ad budget), excluding service fees.

a. Definition of ROAS
ROAS refers to the revenue directly generated by campaigns managed by our independent contractors, divided by the total online marketing budget.

b. Ad Budget Allocation
Clients retain full control over advertising budgets, which are set and financed independently from the upfront fees paid to the Agency. Any unspent budget is promptly returned to the client in accordance with contractual terms. Agency and Contractor retain the right to recommend ad budgets, but not set them.

c. Monthly Client Investment
Agreed in writing in accordance with the Services the Client requires. Due upon signing of this agreement and on the same calendar date (+1 or -1 deviation allowed) every following month; subsequent performance fees are calculated on the same calendar date each month following the signing of the Services Agreement and are invoiced alongside the Monthly Client Investment and any other outstanding charges.

d. No Performance Fee if Non-Positive ROAS
If ROAS ≤ 100% (i.e., no net revenue increase), no performance fee applies for that period.

e. Timing & Invoicing
Performance-based fees are calculated on the same calendar date each month following the signing of the Services Agreement and are invoiced alongside the Monthly Client Investment and any other outstanding charges. All invoices are due within seven (7) calendar days of the invoice date.

f. Suspension for Non-Payment
The Agency and Contractor reserve the right to halt all Services until both the Monthly Client Investment and any performance fees are received in full.

g. Payment Processing
All payments for the upfront fee and performance-based fees are to be made via PayPal or bank transfers.

Payment & Late-Payment Suspension
All fees and expenses are invoiced in U.S. dollars or Euros and are due within seven (7) calendar days of invoice receipt. Accepted payment methods: PayPal or bank transfer. Any late payment will result in immediate suspension of all Services until payment is made in full.

Limitation of Liability
Under no circumstances shall the Agency, its employees, or consultants be liable for:

(a) lost profits, (b) data loss, (c) any third-party ad spend, or (d) indirect, special, incidental, or consequential damages—even if advised of the possibility thereof—as the Agency neither performs nor directly supervises the Services provided by independent contractors.

In the event that any damage arises from an independent contractor’s gross negligence or intentional misconduct, that contractor alone shall bear full liability for resulting losses; the Agency disclaims any liability in such cases.

Indemnification
The Client and the independent contractors engaged by Successful Destiny℠ each agree to indemnify, defend, and hold harmless Successful Destiny℠, its affiliates, officers, employees, agents and consultants from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to their respective use of the Services, violations of these Terms, or infringement of any third-party rights.

Contractors shall be solely liable for any damages they cause, including intentional, consequential, or those arising from gross negligence. In cases of intentional misconduct by a contractor, Successful Destiny℠ will reasonably assist the Client in pursuing claims or remedies against the responsible contractor.

Term & Termination
These Terms commence on the Effective Date of each Services Agreement and remain in effect until terminated by either party upon fifteen (15) days’ written notice. Should any dispute remain unresolved after ninety (90) days, it shall proceed to binding arbitration as set forth below.

Governing Law & Dispute Resolution
This Agreement is governed by and construed under Swiss law. Disputes shall first be submitted to mediation in Zurich; if unresolved within ninety (90) days, either party may pursue binding arbitration under ICC Arbitration Rules, conducted in English in Zurich, Switzerland.

Electronic Signatures
The parties agree that electronic signatures and records are binding under (a) the EU eIDAS Regulation (Regulation (EU) No 910/2014), (b) the U.S. ESIGN Act, and (c) the UETA, where applicable.

Modifications
The Agency reserves the right to amend these Terms at any time by posting the revised version at www.successfuldestiny.com/legal; such amendments take effect immediately for new engagements, and continued use constitutes acceptance of the revisions. If any modification directly affects existing clients, they will be notified about the change personally.

Data Collection
Data submitted via the “Contact Us” form will be used exclusively to respond to the individual who submitted it, providing the requested information. Clients and contractors exchange all information on secure messaging platforms (security per platform’s protocols), with supplemental measures implemented by the Agency to safeguard data. Other than that, no personal data is collected by Successful Destiny℠ through this website.

Controller
Successful Destiny℠ is the sole data controller. For inquiries or data-subject requests under GDPR or CCPA, contact legal@successfuldestiny.com.

Lawful Bases & Retention
We process data only (a) to perform Services under contract, and (b) under legitimate interests to optimize Service delivery. Data are retained only as long as required for contractual compliance and legal obligations, then securely deleted.

International Transfers
Data may be transferred to Serbia, Switzerland and other jurisdictions under EU Standard Contractual Clauses or adequacy decisions, ensuring the same level of protection as within the EEA.

Data Subject Rights
EU/UK individuals may exercise rights to access, correct, erase, restrict, or port their data. California residents enjoy rights under the CCPA to know, delete, and opt out of data sale (though no sales occur).

Processor Oversight
We engage only with processors who commit to GDPR-compliant Data Processing Agreements, including secure analytics and email platforms.

Policy Updates
Changes to this Privacy Policy are posted with a “Last Revised” date; material updates will be communicated via email to all Clients.

No Client or Contractor Disclosure
As an intermediary, Successful Destiny℠ does not provide or publish Client or contractor testimonials, portfolios, or performance data without anonymizing them for the following reasons:

Clients and contractors exchange sensitive campaign data on secure platforms; we do not store or sell this information.

Similar to stock market brokers who facilitate trades without claiming credit for market performance, we connect you with experts rather than guarantee outcomes.

To prevent unauthorized direct engagements or “back‐door” dealmaking that circumvents our intermediary agreement.

To protect proprietary strategies and competitive advantages developed by our contractors.

To maintain privacy and confidentiality in accordance with our contractual commitments and industry best practices.

Affiliate Transparency
We do not participate in any affiliate programs; should this change, all affiliations and compensated recommendations will be clearly disclosed through a post on our blog, or on our official Social Media accounts, all of which would be executed in accordance with FTC guidelines.

WordPress-Handled Cookies
All cookies on this site are deployed and managed by WordPress core, not by the Agency; for details, refer to WordPress’s official Cookie Policy.

5. Data Privacy and Advertising Compliance

GDPR Compliance

Successful Destiny℠ operates strictly as a mediator connecting clients with independent social media marketing contractors. We do not directly provide marketing services. All data processing activities involving residents of the European Union comply with Regulation (EU) 2016/679 (GDPR). We commit to lawful, fair, and transparent data handling practices. Our contracts with independent contractors and clients include explicit consent mechanisms that are freely given, specific, informed, unambiguous, and revocable at any time. We respect individuals’ rights to access, rectify, and erase their personal data. In case of disputes, we follow applicable EU member-state protocols, respecting local language and legal requirements.

CCPA Compliance

For residents of California, Successful Destiny℠ honors the rights granted under the California Consumer Privacy Act (CCPA). This includes the right to access personal information, request deletion, and opt out of the sale of personal data. While Successful Destiny℠ does not sell personal information, we provide clear opt-out mechanisms through a dedicated “Do Not Sell My Personal Information” link and respond to requests within 45 days. We ensure transparency by disclosing data collection purposes upfront and do not sell data from minors under 16 without explicit consent.

FTC Advertising Rules

Successful Destiny℠ facilitates connections between clients and independent contractors who deliver social media marketing services. As a mediator, we require that all native advertisements, sponsored content, and influencer partnerships created by contractors comply fully with Federal Trade Commission (FTC) guidelines. Paid content must be clearly labeled with disclosures such as “#ad,” “Sponsored,” or “Paid Partnership” to ensure transparency. Contractors and clients are prohibited from making deceptive claims or omitting material connections. We ensure that disclosures remain clear and conspicuous across all social media platforms.

ICC Code & European Union Standards

Marketing campaigns executed by independent contractors connected through Successful Destiny℠ adhere to the International Chamber of Commerce (ICC) Advertising and Marketing Communications Code, emphasizing honesty, social responsibility, and respect for consumer autonomy. We align with the EU’s Unfair Commercial Practices Directive, strictly prohibiting misleading omissions, aggressive sales tactics, or false claims regarding product or service efficacy.

Data Processing Transparency

Personal data collected through our platform is processed solely for specified, legitimate purposes disclosed to users. While Successful Destiny℠ does not directly provide marketing services, we encourage our independent contractors to adopt best practices in data minimization, avoid unnecessary data retention, and implement appropriate security measures, including encryption, to protect sensitive information.

Third-Party Accountability

As a social media marketing intermediary, Successful Destiny℠ facilitates partnerships between clients and independent contractors but does not provide marketing services directly. We audit contractor profiles quarterly to ensure alignment with FTC and GDPR standards. However, clients and contractors bear direct responsibility for compliance with platform-specific rules, such as Meta’s Branded Content Policies and other social media platform guidelines.

6. Disclaimer

All content and Services by Successful Destiny℠ are provided “as is”, without warranty of any kind—express or implied—including fitness for purpose or non-infringement. The Agency disclaims liability for errors, Service interruptions, or changes in third-party platforms. Clients assume full responsibility for use of Services and any decisions based thereon.

7. Comparison Disclaimer

Last Revised: May 13, 2025

By engaging with Successful Destiny℠, you confirm you have read, understood, and agreed to these Terms, Privacy Policy, Confidentiality & Testimonials section, Cookie Policy, Affiliate Disclosure, and Disclaimer in full.