Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services offered by Adfluence ("Adfluence," "we," "us," or "our"), including the Adfluence AI marketing platform and related features (collectively, the "Services"). By creating an account, clicking to accept these Terms, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1. Acceptance of terms

If you do not agree to these Terms, do not access or use the Services. We may update these Terms from time to time as described in Section 14. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where applicable law requires your separate consent for certain changes.

2. Description of service

Adfluence provides a cloud-based artificial intelligence and workflow platform designed to help teams plan, create, optimize, and manage marketing content and campaigns across channels. Features may include content generation, brand and audience tooling, collaboration workspaces, analytics views, and integrations with third-party services. Specific features, limits, and availability depend on your subscription plan and may change over time. We do not guarantee uninterrupted or error-free operation and may modify, suspend, or discontinue aspects of the Services with reasonable notice where practicable.

3. Account registration

You must provide accurate, current, and complete registration information and keep it updated. You are responsible for safeguarding your password and for all activity under your account. You must notify us promptly of any unauthorized access or security breach. You may not share account credentials except as expressly permitted for designated collaborators within your organization. You must be at least eighteen (18) years of age to use the Services. By registering, you represent that you meet this requirement.

4. Subscription and billing

Access to paid features requires a subscription. Fees, billing cycles (monthly or annual, as selected), and included usage limits are described at checkout and in your account settings. Unless otherwise stated, subscriptions renew automatically at the end of each billing period for successive terms equal in length to the prior term, at the then-current rate for your plan.

You authorize us and our payment processors to charge your designated payment method for all fees when due. If a payment fails, we may suspend access until payment is received. We may change subscription prices or introduce new fees with at least thirty (30) days advance notice by email or in-product notice; price changes apply to the next renewal after the notice period unless you cancel beforehand.

Except as required by applicable law or as expressly stated in a separate written agreement with us, fees are non-refundable once the applicable billing period has begun. If you cancel, you retain access through the end of your current paid period. We do not provide credits for partial periods or unused capacity unless required by law.

5. Acceptable use

You agree not to misuse the Services. Without limiting the foregoing, you must not:

• Use the Services for any unlawful purpose or in violation of applicable regulations, including marketing, privacy, and intellectual property laws in the jurisdictions where you operate.
• Reverse engineer, decompile, or attempt to extract source code, models, or training data from the Services except to the extent such restriction is prohibited by law.
• Scrape, crawl, harvest, or systematically extract data from the Services using automated means without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to systems, accounts, or data.
• Use the Services to generate or distribute malware, spam, fraudulent content, or content that infringes third-party rights or harms individuals or groups.
• Circumvent usage limits, billing mechanisms, or technical restrictions, or resell access to the Services without authorization.

We may investigate violations and cooperate with law enforcement as appropriate.

6. Intellectual property

Adfluence and its licensors own all right, title, and interest in and to the Services, including software, user interfaces, documentation, branding, and underlying technology. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription for your internal business purposes.

As between you and Adfluence, you retain ownership of content you submit ("User Content"). You grant Adfluence a worldwide, non-exclusive license to host, process, transmit, display, and create derivative works from User Content solely as necessary to provide, maintain, secure, and improve the Services and as described in our Privacy Policy. You represent that you have all rights necessary to grant this license and that your User Content does not violate third-party rights.

7. AI-generated content

The Services may produce outputs using artificial intelligence and machine learning. Outputs may be inaccurate, incomplete, or inappropriate for your use case. Adfluence does not warrant that outputs will be error-free, suitable for any particular purpose, or compliant with industry-specific regulations. You are solely responsible for reviewing, editing, and validating outputs before use in marketing, advertising, or other communications.

The Services are not a substitute for professional legal, medical, financial, or other specialized advice. Do not rely on AI outputs for decisions that require professional judgment without consulting qualified advisors.

8. Data and privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference. Where we process personal data on behalf of you as a data controller, our data processing terms and, where applicable, standard contractual clauses govern that processing. You are responsible for obtaining any necessary consents from end users and for complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) where relevant to your use of the Services.

9. Third-party services

The Services may integrate with or link to third-party products, APIs, and platforms (e.g., advertising networks, analytics tools, or identity providers). Your use of those third-party services is subject to their terms and privacy policies. Adfluence does not control and is not responsible for third-party services, including their availability, accuracy, or security. Any integration you enable is at your own risk.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADFLUENCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADFLUENCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY'S INDEMNIFICATION OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ADFLUENCE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100) IF YOU HAVE NOT HAD A PAYMENT OBLIGATION IN THAT PERIOD.

11. Indemnification

You will defend, indemnify, and hold harmless Adfluence and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content, (b) your use of the Services in violation of these Terms or applicable law, or (c) your violation of third-party rights. Adfluence reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

12. Termination

You may terminate your account at any time through your account settings or by contacting support. We may suspend or terminate your access to the Services if you materially breach these Terms, fail to pay fees when due, or pose a security or legal risk. Where reasonable, we will provide notice of suspension or termination and an opportunity to cure for breaches that are curable, except where immediate action is required by law or to protect the Services or other users.

Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including ownership, confidentiality, limitation of liability, indemnification, and dispute resolution) will survive termination.

13. Dispute resolution

Except for claims seeking injunctive relief or small claims court matters within jurisdictional limits, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by a recognized arbitration provider under its commercial rules. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. You and Adfluence waive any right to a jury trial or to participate in a class action.

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law principles, except where mandatory consumer protection laws of your jurisdiction apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Modifications

We may modify these Terms to reflect changes in our Services, legal requirements, or business practices. For material changes, we will provide at least thirty (30) days advance notice by email or in-product notification before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services before the changes become effective and may cancel your subscription in accordance with Section 4.

15. Contact

For questions about these Terms, contact us at legal@adfluence.ai.