Terms of Service

Last Updated: December 10, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AdOperative ("we," "us," or "our") governing your access to and use of the AdOperative platform, website, and related services (collectively, the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our Service.

You must be at least 18 years old and have the legal authority to enter into these Terms to use our Service.

2. Description of Service

AdOperative provides an AI-powered advertising platform that includes:

  • AI-generated advertising copy and creative content
  • Competitor ad analysis and insights
  • Integration with advertising platforms (Meta, Google Ads, TikTok Ads)
  • Campaign management and performance analytics
  • Video script generation and creative tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use certain features, you must create an account with accurate, complete, and current information. You are responsible for maintaining the accuracy of this information.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from unauthorized use of your account.

4. Third-Party Platform Integrations

4.1 Meta Platforms (Facebook/Instagram)

By connecting your Meta advertising accounts, you:

  • Authorize AdOperative to access your advertising data through Meta's APIs
  • Agree to comply with Meta Advertising Standards
  • Acknowledge that your use is subject to Meta's Terms of Service
  • Understand that Meta may revoke access at any time per their policies

4.2 Google Ads

By connecting your Google Ads accounts, you:

  • Authorize AdOperative to access your advertising data through Google's APIs
  • Agree to comply with Google Ads Policies
  • Acknowledge that your use is subject to Google's Terms of Service
  • Understand that Google may modify or revoke access at any time

4.3 TikTok Ads

By connecting your TikTok advertising accounts, you:

  • Authorize AdOperative to access your advertising data through TikTok's APIs
  • Agree to comply with TikTok Advertising Policies
  • Acknowledge that your use is subject to TikTok's Terms of Service

4.4 LinkedIn (If Applicable)

If you connect LinkedIn accounts, you agree to comply with LinkedIn's User Agreement and Advertising Policies.

4.5 General Third-Party Terms

You acknowledge that:

  • Third-party platforms may change their APIs, policies, or access at any time
  • We are not responsible for actions taken by third-party platforms
  • Compliance with third-party platform policies is your responsibility
  • Violations of platform policies may result in suspension of your AdOperative account

5. AI-Generated Content

5.1 Nature of AI Content

Our Service uses artificial intelligence to generate advertising content. You understand that:

  • AI-generated content is provided "as-is" without guarantees of accuracy, originality, or fitness for purpose
  • Generated content may require review and editing before use
  • We do not guarantee that generated content will comply with all advertising platform policies
  • AI models may occasionally produce unexpected or inappropriate content

5.2 Content Ownership

Subject to these Terms:

  • You retain ownership of inputs you provide (brand information, prompts, etc.)
  • You receive a non-exclusive license to use AI-generated outputs for your business purposes
  • We retain rights to use anonymized, aggregated data to improve our Service

5.3 Content Responsibility

You are solely responsible for:

  • Reviewing all generated content before publishing
  • Ensuring content complies with applicable advertising policies
  • Ensuring content does not infringe third-party intellectual property rights
  • All claims arising from your use of generated content

6. Acceptable Use

You agree NOT to use our Service to:

  • Violate any laws, regulations, or third-party rights
  • Create deceptive, misleading, or fraudulent advertising
  • Generate content promoting illegal products or services
  • Create content that is defamatory, obscene, or harmful
  • Infringe intellectual property rights of others
  • Attempt to reverse-engineer, hack, or disrupt our Service
  • Use automated systems to access our Service without permission
  • Circumvent any access restrictions or usage limits
  • Resell or redistribute our Service without authorization

We reserve the right to suspend or terminate accounts that violate these terms.

7. Payment Terms

7.1 Subscription Plans

We offer subscription-based access to our Service. By subscribing, you agree to pay the fees associated with your selected plan.

7.2 Payment Processing

Payments are processed by Stripe. By providing payment information, you:

  • Authorize recurring charges for subscription renewals
  • Agree to Stripe's Services Agreement
  • Confirm that payment information is accurate and current

7.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your plan. Your subscription will automatically renew unless cancelled.

7.4 Price Changes

We may change subscription prices with 30 days' notice. Continued use after the price change constitutes acceptance.

8. Cancellation and Refunds

8.1 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

8.2 Refunds

Refund policy:

  • Requests within 14 days of initial subscription may receive a full refund
  • Requests within 14 days of renewal may receive a pro-rated refund
  • Refunds are processed within 5-10 business days
  • Refund requests must be submitted to support@adoperative.com

8.3 Account Termination

We may terminate or suspend your account for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • At our sole discretion with reasonable notice

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, and content (excluding user-generated content), is owned by AdOperative and protected by intellectual property laws. You may not copy, modify, or distribute our proprietary materials without permission.

9.2 Trademarks

"AdOperative" and our logo are trademarks. You may not use our trademarks without written permission.

9.3 Feedback

If you provide suggestions or feedback, we may use it without compensation or attribution.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties including:

  • Merchantability and fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability of AI-generated content
  • Uninterrupted or error-free operation
  • Compatibility with third-party platforms

We do not guarantee that generated content will achieve specific advertising results.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADOPERATIVE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Advertising campaign performance or results
  • Actions taken by third-party platforms
  • Content created using our Service

Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless AdOperative, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of third-party rights
  • Content you create or publish using our Service

13. Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive the right to participate in class actions.

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AdOperative.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

14.3 Waiver

Our failure to enforce any right does not constitute a waiver.

14.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

14.5 Modifications

We may update these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use after changes constitutes acceptance.

15. Contact Information

For questions about these Terms:

  • Email: legal@adoperative.com
  • Support: support@adoperative.com