Ad IQ DOT AI, Inc.
Effective Date: December 9, 2024 | Last Updated: December 9, 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ad IQ DOT AI, Inc., a Delaware corporation ("ADIQ.AI," "Company," "we," "us," or "our") governing your access to and use of the ADIQ.AI platform, including our website, applications, and services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
The Service is not provided, endorsed, or sponsored by Meta Platforms, Inc. ("Meta"). Your use of the Service is subject to Meta's Platform Terms and Developer Policies in addition to these Terms.
The Service is available exclusively for business purposes. By using the Service, you represent and warrant that: (a) you are accessing the Service on behalf of a business entity, whether as an advertising agency, direct-to-consumer (DTC) brand, or other eCommerce advertiser; (b) you have the authority to bind such entity to these Terms; and (c) you are not accessing the Service for personal, family, or household purposes.
The Service is designed exclusively for eCommerce businesses. You acknowledge and agree that: (a) the Service requires access to product catalog imagery to generate advertising creative assets; (b) you must operate an eCommerce business with a product catalog containing product photographs; and (c) accounts that do not meet this eCommerce requirement may be terminated without refund. We reserve the right to verify your eCommerce status and terminate accounts that do not meet this requirement.
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
ADIQ.AI is a creative intelligence platform that analyzes advertising creative content and campaign performance data from Meta advertising accounts. The Service provides creative analysis, performance insights, optimization recommendations, and AI-generated advertising creative assets.
The Service integrates with Meta's Marketing API to access your advertising account data. By using the Service, you authorize us to access your Meta advertising account data in accordance with Meta's Platform Terms and your permissions. You acknowledge that: (a) the Service's functionality depends on continued access to Meta's API; (b) changes to Meta's API, policies, or terms may affect the Service's functionality; and (c) we are not responsible for any limitations, restrictions, or interruptions caused by Meta.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Access to the Service requires a paid subscription. Subscription plans, pricing, and features are described on our website and may be modified from time to time. Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Service during the subscription term.
Subscriptions are billed on a monthly basis. By subscribing to the Service, you authorize us to charge your designated payment method on a recurring monthly basis. All fees are stated in U.S. dollars unless otherwise specified. You are responsible for providing accurate and current payment information.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel your subscription before the renewal date. The renewal will be at the then-current subscription rate. You may cancel your subscription at any time through your account settings or by contacting us at support@adiq.ai.
ALL FEES ARE NON-REFUNDABLE. Once a payment is processed, no refunds will be issued for any reason, including but not limited to: unused portions of subscription periods, dissatisfaction with the Service, account termination, or cancellation of subscription. By subscribing to the Service, you acknowledge and agree to this no-refund policy.
We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next billing cycle following notice of the change. Your continued use of the Service after a price change constitutes acceptance of the new pricing.
You retain all ownership rights in the data you provide to the Service or that we access from your connected Meta advertising accounts ("Your Data"), including your advertising creative assets, campaign data, product images, and business information. You grant us a limited, non-exclusive license to access, process, and use Your Data solely to provide and improve the Service.
The Service generates various outputs including creative analysis, performance insights, optimization recommendations, and AI-generated advertising creative assets (collectively, "Generated Content"). With respect to Generated Content:
You acknowledge and agree that we may collect, aggregate, and anonymize data derived from your use of the Service to create aggregated, anonymized datasets that do not identify you or any individual ("Aggregated Data"). We own all Aggregated Data and may use it for any purpose, including to improve our models, develop new features, conduct research, and create benchmarking reports.
The Service, including all software, algorithms, models, designs, text, graphics, logos, and other content provided by ADIQ.AI, is owned by ADIQ.AI and protected by intellectual property laws. Except for the limited licenses expressly granted herein, no rights or licenses are granted to you by implication, estoppel, or otherwise.
You may use the Service only for lawful business purposes in accordance with these Terms. You agree to comply with all applicable laws, regulations, and third-party agreements (including Meta's Platform Terms) in your use of the Service.
You agree not to:
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at adiq.ai/privacy. By using the Service, you consent to our data practices as described in the Privacy Policy. You acknowledge that Meta advertising data accessed through the Service is subject to both our Privacy Policy and Meta's data use policies.
You may cancel your subscription at any time through your account settings or by contacting us at support@adiq.ai. Cancellation will be effective at the end of your current billing cycle. You will retain access to the Service until the end of the paid subscription period. No refunds will be issued for any unused portion of the subscription term.
We may terminate or suspend your access to the Service:
Upon termination: (a) your right to access and use the Service will immediately cease; (b) you remain liable for all fees accrued prior to termination; (c) we may delete your account and associated data in accordance with our data retention policies; and (d) provisions that by their nature should survive termination shall survive, including Sections 4, 8, 9, 10, and 11.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ADIQ.AI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that: (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate, reliable, or beneficial; (d) any errors in the Service will be corrected; or (e) the AI-generated creative assets will achieve any particular advertising performance or results.
You acknowledge that advertising performance depends on numerous factors outside our control, including market conditions, audience behavior, platform algorithms, and your own creative and strategic decisions. We make no guarantees regarding advertising return on investment, click-through rates, conversion rates, or any other performance metrics.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADIQ.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ADIQ.AI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ADIQ.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL FEES PAID BY YOU TO ADIQ.AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless ADIQ.AI and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property rights or privacy rights; (e) any content or data you provide to the Service; or (f) any dispute between you and any third party relating to the Service.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and ADIQ.AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Stuart, Florida, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND ADIQ.AI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and ADIQ.AI agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided such action is not brought as a class action or in a representative capacity.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ADIQ.AI concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and ADIQ.AI regarding the Service.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
The failure of ADIQ.AI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ADIQ.AI.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices to ADIQ.AI should be sent to: Ad IQ DOT AI, Inc., 506 SW Federal Hwy Suite #201, Stuart, FL 34994, or by email to support@adiq.ai. Notices to you may be sent to the email address associated with your account or posted on the Service.
ADIQ.AI shall not be liable for any failure or delay in performing its obligations hereunder where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, internet or telecommunications failures, or third-party service disruptions (including changes to Meta's API or policies).
The relationship between you and ADIQ.AI is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.
If you have any questions about these Terms or the Service, please contact us at:
Ad IQ DOT AI, Inc.
506 SW Federal Hwy Suite #201
Stuart, FL 34994
Email: support@adiq.ai
Website: adiq.ai
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.