AD360.AI'S PROMISE

We are committed to delivering an exceptional experience with Ad360.ai. Our commitment stems from the belief that artificial intelligence is not just a buzzword but a transformative force across industries. In advertising, AI at Ad360.ai is more than a promise; it enhances performance to drive optimal conversion rates.

AD360.AI TERMS OF SERVICE

These General Terms, the Acceptable Use Rules, the Payment Terms (collectively, the “Ad360.ai Terms”) govern access to and use of any websites, products, or services (collectively “Services“) offered by Ad360.ai (“AD360.AI” or “we“).

OUR SERVICES ARE FOR BUSINESSES AND PROFESSIONAL USERS ONLY, NOT FOR CONSUMERS OR PRIVATE OR HOUSEHOLD PURPOSES. YOU MUST NOT ACCESS OR USE OUR SERVICES UNLESS (A) YOU ARE ACTING IN A BUSINESS OR PROFESSIONAL CAPACITY, (B) YOU ACCEPT THE Ad360.ai TERMS ON BEHALF OF YOURSELF AND, IF APPLICABLE, YOUR ORGANIZATION, AND (C) IF YOU ARE ACTING ON BEHALF OF YOUR ORGANIZATION, YOU ARE AUTHORIZED TO DO SO. IF YOU ACCESS OR USE ANY OF OUR SERVICES, THE Ad360.ai TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND, IF APPLICABLE, YOUR ORGANIZATION (COLLECTIVELY REFERRED TO AS “YOU” HEREINAFTER) AND Ad360.ai. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12 BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Ad360.ai WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Acceptable Use Policy

YOU MUST

• Ensure that you and your Authorized Users comply with all applicable Ad360.ai Terms.
• Upload and disseminate only accurate and lawful Ad Content which you control, or own all required rights to.
• Use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
• Keep your Login Information confidential.
• Monitor and control all activity conducted through your account in connection with the Services.
• Promptly notify us if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) information.
• Comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services, including the applicable Third-Party Terms.

YOU MUST NOT

• Make the Services available to anyone other than your Authorized Users.
• Permit any third party to access or use your (or any of your Authorized Users’) Login Information or account for the Services.
• Use our Services to process non-publicly available information or any sensitive personal data.
• Sell, trade, or otherwise transfer your account to another party.
• Use the Services to store or transmit any content, including Ads Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate the intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law.
• Upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful components.
• Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services or those of Third-Party Services (including any mechanism used to restrict or control the functionalities), or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law).
• Attempt to gain unauthorized access to the Services, the Third-Party Services, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Third-Party Services.
• Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Third-Party Services.
• Engage in abusive practices, or use the Services for redistribution, syndication, or deceitful activities.
• Authorize, permit, or encourage any third party to do any of the above.

Your Rights and Obligations

Access to Services: We grant you a non-exclusive, non-transferable, revocable, limited, personal right to access our Services. We do not authorize other use or access, including, without limitation, by robots, spiders, crawlers, and scraping technologies. You are responsible for setting your own username and password (“Login Information”) and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access the Services through your Login Information (“Authorized Users”). You and your Authorized Users may use the Services only for your own business, not to access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services.

Facebook or Google Ads Account: We provide you with a technical application that allows you to publish and manage ads on Facebook and Google Ads. Therefore, in order to use our Services, you must be a registered Facebook or Adwords user and have an advertising account with Facebook or Adwords. Ads Content You are solely responsible for all Ads Content that you or your Authorized Users upload, publish, display, link to, or otherwise make available via the Services. We have the right but no obligation to review, filter, block, or remove any Ads Content that you publish or make available via our Services. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ADS CONTENT POSTED ON OR MADE AVAILABLE THROUGH OUR SERVICES BY YOU OR ANY OTHER THIRD PARTY. “Ads Content” includes all information, text, images, photos, videos, audio, documents and other content in any media and format which is provided or made available to us in connection with your use of the Services.

Third Party Content and Services

We are not responsible for any services provided by Facebook, Google Ads (the “Advertising Platforms”), or for any other services, information or content accessed or purchased through Ad360.ai, which you may be able to access, use or connect to with our Services (together, the “Third-Party Services“). If you access a Third-Party Service through us, you do so at your own risk. When accessing Facebook or Google Ads services, you are responsible to comply with all of their terms, conditions, policies and guidelines which they may impose on their users including those published at:

• https://www.facebook.com/terms.php
• https://www.facebook.com/policies/ads/
• https://support.google.com/adwordspolicy/answer/54818
• https://support.google.com/adwordspolicy/answer/6008942

(the “Third-Party Terms”). You remain responsible for the payment of the ads purchased through our Services directly to the Advertising Platforms You understand that we have the right but no obligation to preview, verify, flag, modify Ads Content and that you must bear all risks associated with the publishing of ads on the Advertising Platforms. You also agree that Services interoperate with Advertising Platforms, and that our Services are highly dependent on the availability of the Advertising Platforms. If at any time the Advertising Platforms cease to make their features or programs available to us on reasonable terms, we may cease to provide access to such features or programs to you. We assume no responsibility or liability related to Ad Content or to any Ad Content not being transferred to or published on the Advertising Platforms as a result of a malfunction in our Services.

Confidentiality and Data Protection

Confidentiality: If we share nonpublic information about our Services to you, you must keep it confidential and use reasonable security measures to prevent disclosure or access by unauthorized persons.

Personal Data: We will not use or control any of the personal data that you process with our Services, we merely offer you tools with which you can process data. You must comply with all applicable data privacy and data protection laws. Data Retention. We will keep the information until the customer is required to be deleted from our records, to apply this please send an email to social@ad360.ai to start the process of deletion.

Intellectual Property

Ads Content: You retain all right, title and interest to your Ads Content which you may upload to or with our Services. We will not use your Ads Content except for purposes of providing, supporting and improving our Services and in full compliance with all Ad360.ai terms.

Feedback: You may from time to time provide suggestions, comments or other feedback to Ad360.ai with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us. Notwithstanding the foregoing, we will not disclose to any third party that you are the source of any Feedback. You shall, and hereby do, grant to us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

Services: We retain all right, title, and interest in and to the Services.

Signup Process

The signup process on Ad360.ai takes between 15 to 30 minutes. During this time, we collect the necessary information to set up your account and ensure a smooth experience.

Ads Launch Timeline: Once the signup process is completed, you can launch ads within 3 hours. We strive to ensure a quick and efficient setup to get your campaigns running as soon as possible.

Partner Access to Ad Accounts: As a user, you will be provided with partner access to the ad accounts. This access allows you to manage and monitor your advertising campaigns effectively.

Account Restrictions and Retrieval: In the event that the ad account provided by Ad360.ai is restricted or disabled, the retrieval process can take up to 48 hours. If the retrieval process is unsuccessful, we will provide a new agency ad account within the next 12 hours at no extra charge.

Charges and Payment Terms You must timely pay all applicable fees based on our payment terms. You remain responsible at all times for the direct payment of the ads purchased through our Services to the Advertising Platforms.

Cancellation

Cancellation stops the auto-renewal of your subscription. Subscriptions are active until the end of the billing cycle. For instance, if you have paid for an annual subscription, it is active until the end of those 12 months. Cancellation does not delete your account, and you can re-subscribe any time. Please note all subscriptions are auto-renewed unless explicitly cancelled.

Refund Policy Subscription Amount: The subscription amount is non-refundable. Ad Spends: Any remaining ad spends will be refunded within 2 to 4 working days.

Mode of Refund: Refunds will be processed through bank transfer. Please ensure that your bank details are up-to-date to facilitate a smooth refund process

Termination for Cause: We may both terminate the Ad360.ai Terms, effective immediately, if the other party commits a material breach of the Ad360.ai Terms and fails to remedy such breach within thirty (30) days of receiving a written request to cure. Additionally, we may suspend or terminate your access to the Services if you violate any Acceptable Use Policy or use the Services in a way that creates risk or possible legal exposure to us, other customers or others. If you terminate the Ad360.ai Terms for cause, we will refund any prepaid fees as of the termination date.

Effects of Termination: Upon cancellation or termination of the Services by either party for any reason: (i) we will cease providing you Services and you will no longer be able to access your account; (ii) unless otherwise provided in these Ad360.ai Terms, you will not be entitled to any refunds, and you shall pay us all unpaid amounts owing. All provisions of the Ad360.ai Terms that by their nature are intended to survive, including but not limited to any disclaimer of warranty and limitation of liability provisions, shall survive the termination or expiry of the Ad360.ai Terms.

Warranty Disclaimer

WE OFFER THE SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS UNLESS WE EXPRESSLY AGREE TO A LIMITED WARRANTY.

Disclaimer

YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DISCLAIM ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES (INCLUDING FACEBOOK OR ADWORDS) OR ACTIVITIES, ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ADVERTISING PLATFORMS, ANY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN (INCLUDING ADS CONTENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE Ad360.ai TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Sole Remedy IF YOU ARE DISSATISFIED WITH OUR SERVICES OR HARMED BY US OR BY ANYTHING RELATED TO OUR SERVICES, YOU MAY TERMINATE THE Ad360.ai TERMS IN ACCORDANCE WITH OUR CANCELLATION SECTION.

Indemnification You shall defend, indemnify, and hold harmless Ad360.ai, and our affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature that are in connection with or arising out of a claim (a) alleging that your Ads Content infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates any applicable law; (b) relating to, or arising from, Ads Content or your breach of any Ad360.ai Terms or (c) relating to, or arising from, your use of any Third-Party Services (including your breach of the Third-Party Terms)

Limitation of Liability

CAP: OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE GREATER OF (A) THE FEES WE RECEIVED FROM YOU FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE MONTH (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) USD $500.

EXCLUSION: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THE Ad360.ai TERMS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

SCOPE: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 SHALL (A) ALSO BENEFIT OUR AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, (B) APPLY TO ANY CLAIMS BROUGHT BASED ON ANY CAUSE OF ACTION, INCLUDING BREACH OF CONTRACT, TORT, STATUTE OR OTHER LEGAL THEORY, AND (C) NOT APPLY IF YOU CAN PROVE THAT: (I) OUR NEGLIGENCE CAUSED DEATH OR PHYSICAL INJURY; (II) WE CAUSED DAMAGES INTENTIONALLY OR WITH WILLFUL MISCONDUCT; OR (III) APPLICABLE LAW DOES NOT ALLOW A LIMITATION AS CONTEMPLATED IN THE Ad360.ai TERMS (IN WHICH CASE THE LIMITATIONS OF LIABILITY IN THE Ad360.ai TERMS SHALL BE REDUCED TO THE MAXIMUM LIMITATION THAT IS VALID AND ENFORCEABLE UNDER APPLICABLE LAW).

BASIS OF BARGAIN: THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 11 IS TO ALLOCATE THE RISKS UNDER THESE Ad360.ai TERMS BETWEEN THE PARTIES AND LIMIT Ad360.ai’S POTENTIAL LIABILITY IN APPROPRIATE RELATION TO THE FEES CHARGED UNDER THE Ad360.ai TERMS, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE Ad360.ai TERMS.

Governing Law, Arbitration, Class Action Waiver

Choice of Law: These Ad360.ai Terms and any dispute arising out of or in connection with these Ad360.ai Terms or Services (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of these Ad360.ai Terms, by and under the laws of the State of Delaware, without giving effect to conflicts of law principles thereof.

Injunctive Relief: Either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this Section 12.3 may be enforced by any court of competent jurisdiction.

Binding Arbitration: All Disputes shall be finally resolved by binding arbitration before three (3) arbitrators pursuant to the rules (“Rules”) and under the auspices of the American Arbitration Association. In accordance with the Rules, each party shall select one arbitrator and the two arbitrators so selected shall select the third arbitrator. The arbitrators shall be knowledgeable in the chosen law and the online advertising industry. At either party’s request, the arbitrators shall give a written opinion stating the factual basis and legal reasoning for their decision. The arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and result of the arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in Wilmington, Delaware, or any other place on which all three arbitrators agree unanimously.

Miscellaneous

Assignment: You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law, or otherwise, without our prior written consent. Any attempted assignment or transfer without such consent will be void. We may freely assign or delegate all rights and obligations under these Ad360.ai Terms, fully or partially, without notice to you. We may also substitute by way of unilateral novation, effective upon notice to you, any third party that assumes our rights and obligations under these Ad360.ai Terms.

Severability: Each provision of these Ad360.ai Terms is severable. If any provision of these Ad360.ai Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Ad360.ai Terms or of that provision in any other jurisdiction.

Force Majeure: Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where and such failure results from any cause beyond such party’s reasonable control, including but not limited to, mechanical, electronic, or communications failure or degradation.

Entire Agreement: These Ad360.ai Terms constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Ad360.ai Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.