Terms of Service
Last updated: December 6, 2024
These Terms of Service, including any referenced or attached exhibits, appendices and policies (collectively, the "Agreement"), form a binding agreement between Adgrow and our affiliated companies (collectively, "Adgrow", "we", "our" or "us") and the person or entity agreeing hereto ("Customer", "you" or "your").
This Agreement governs all access to and use of the Adgrow website located at www.adgrow.net ("Website"), the Adgrow AI-powered Meta Ads automation platform that we make available via the Adgrow Website for purposes of automated ad creation, management, monitoring, and execution of marketing campaigns, and all other Adgrow services, technology, data, programs, and materials (collectively, "Services").
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT: (I) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT, (II) UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, YOU ARE OLD ENOUGH TO ENTER INTO A LEGALLY BINDING AGREEMENT AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Definitions
"Ad Account" means Customer's account registered with Meta/Facebook or other supported advertising platforms.
"Ad Network" means a third-party advertising platform (e.g., Meta/Facebook, Google) to which an Ad Account relates, and with respect to which the Services are rendered hereunder.
"AI Services" means our artificial intelligence-powered features including automated ad creation, audience targeting, budget optimization, and performance analysis.
"Customer Data" means all information that you submit or collect via the Services, excluding Adgrow Content.
"Platform" means Adgrow's proprietary AI-powered platform for automated creation, management, optimization, monitoring and execution of advertising strategies and related activities.
"Services" means the Platform that we make available on a Software-as-a-Service (SaaS) basis for purposes of automated ad creation and online management, monitoring and execution of marketing campaigns.
2. Grant of Rights, Use of Services
Registration
During the Term, we will provide you with a non-exclusive, non-transferable, revocable right to access and use the Services solely as set forth in this Agreement. To access and use the Services, you must register with Adgrow by completing our signup process. You agree to maintain accurate, complete, and updated information in connection with your account.
Your Responsibilities
You are responsible for all activity that occurs under your account. You are responsible for maintaining the security and confidentiality of all user login credentials. You will notify us promptly of any unauthorized access to or use of the Services.
AI Services Usage
Our AI Services are designed to automate and optimize your advertising campaigns. While our AI technology is advanced, you acknowledge that all AI-generated content and recommendations should be reviewed before implementation. You remain responsible for all advertising content and campaigns created through our platform.
3. Intellectual Property
Subject to the rights expressly granted herein, we retain sole right, title and interest in and to the Services, our AI technology, algorithms, any other content, products or services provided hereunder (other than Customer Data), any related documentation, our Confidential Information, and all Intellectual Property Rights in any of the foregoing.
Subject to the rights expressly granted herein, you retain sole right, title and interest in and to your Customer Data and other Confidential Information, and all Intellectual Property Rights in any of the foregoing.
You grant to Adgrow a non-exclusive, transferable, worldwide, royalty-free license to access and use Customer Data solely to provide the Services, improve our AI algorithms, and as permitted by applicable law and this Agreement.
4. Data Collection and Use, Security
Protection of Customer Data
We will implement and maintain reasonable physical, technical and organizational safeguards to protect your Personal Data. We may use Customer Data in an anonymized manner for machine learning and AI model improvement, in order to support and improve the Services.
AI Training and Improvement
We may use aggregated, anonymized data from the Services to train and improve our AI algorithms. This helps us provide better automated ad creation, targeting, and optimization features for all users.
No Sensitive Information
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT DESIGNED TO PROCESS SENSITIVE INFORMATION AND YOU AGREE NOT TO USE THE SERVICES TO UPLOAD, COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION SUCH AS CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS, OR HEALTH INFORMATION.
5. Acceptable Uses
You agree not to access or use the Services to do any of the following:
- Post, upload, publish, submit or transmit any content that infringes intellectual property rights, violates applicable laws, or is fraudulent, false, misleading, defamatory, or harmful;
- Use the Services to create advertising content that violates Meta/Facebook advertising policies or other Ad Network terms;
- Attempt to reverse engineer, decompile, or extract our AI algorithms or proprietary technology;
- Use the Services to create competing products or services;
- Interfere with or disrupt the Services or our AI systems;
- Use the Services for any illegal or unauthorized purpose;
- Violate the terms and conditions of any applicable Ad Network or third party.
6. Fees, Payments, Taxes
Fees and Payments
Subscription fees are billed monthly or annually as specified in your plan. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as expressly stated in this Agreement.
Payment Methods
If paying by credit card, you authorize us to charge your card for all fees. You will keep your payment information up to date. We reserve the right to terminate this Agreement immediately if your payment information is inaccurate or outdated.
Taxes
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Services.
7. Representations and Warranties
Each Party represents and warrants that it possesses the full right, power and authority to enter into and fully perform this Agreement and will comply with all applicable laws, rules and regulations.
You further represent and warrant that: (i) you will use the Services only as authorized hereunder; (ii) you have obtained all necessary access and use rights in connection with any Ad Accounts; and (iii) you will strictly comply with all rules and instructions of any applicable Ad Networks.
8. Term and Termination
Term and Renewal
Your subscription will automatically renew for the same period unless you cancel before the renewal date. To prevent automatic renewal, you may cancel your subscription from your account settings.
Termination for Cause
We may suspend or terminate your access to the Services if you materially breach this Agreement, violate Ad Network terms, or act in a way that negatively affects us or our other customers.
9. Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
WE DO NOT WARRANT THAT OUR AI SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT AI-GENERATED CONTENT WILL ACHIEVE PARTICULAR RESULTS. YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS EVOLVING AND MAY HAVE LIMITATIONS.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADGROW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL AMOUNTS PAID FOR THE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
11. Indemnification
You agree to defend, indemnify and hold harmless Adgrow from and against any third-party claims arising out of: (i) your use of the Services; (ii) your Customer Data; (iii) any breach of this Agreement; and/or (iv) any use of Ad Network services, including Ad Accounts.
12. Miscellaneous
Governing Law
This Agreement will be governed by the laws of Delaware, United States, without regard to conflict of law provisions.
Amendment
We may modify this Agreement by posting a revised version on our Website. The revised version will become effective 30 days after posting, unless you object in writing within that period.
Entire Agreement
This Agreement constitutes the entire understanding between us regarding the Services and supersedes all other agreements between the parties.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Adgrow
Email: legal@adgrow.net
Support: support@adgrow.net
Website: www.adgrow.net
Address: 1234 Innovation Drive, San Francisco, CA 94105, USA