Terms of Service

Last updated: November 25, 2024

1. Acceptance of Terms

By accessing or using the AI Marketing Platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

AI Marketing Platform is a comprehensive digital marketing management tool that provides:

  • Multi-platform advertising campaign management
  • AI-powered campaign optimization and recommendations
  • Analytics and performance tracking
  • Integration with major advertising platforms (Facebook, Google, LinkedIn, Twitter, TikTok)
  • Client management and reporting tools
  • Automated campaign creation and management

3. User Accounts

Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials
  • You must be at least 18 years old to use the Service
  • One person or legal entity may maintain only one account

Account Responsibilities

  • You are responsible for all activities under your account
  • Notify us immediately of any unauthorized use
  • Keep your contact information current and accurate

4. Service Pricing and Payment

Pricing Models

Marketing AI offers performance-based pricing to align our success with yours:

  • Pure Performance: 10-15% of gross revenue generated from campaigns
  • Hybrid Model: Small monthly retainer + 5-10% of revenue generated
  • Custom Arrangements: Negotiated per client based on industry and scale

Payment Terms

  • Performance fees calculated monthly based on documented revenue attribution
  • Client provides revenue reports by 5th of each month
  • Invoices sent by 7th of each month
  • Payment due within 15 days of invoice date
  • Ad spend paid directly by client to advertising platforms (Facebook, Google, etc.)
  • Agency does not take percentage of ad spend, only revenue generated

Revenue Tracking & Attribution

  • Client agrees to provide accurate and timely revenue reporting
  • Agency uses call tracking, CRM data, and analytics for attribution
  • Disputes resolved through documented lead and sales records
  • Attribution window: 60 days from lead generation

5. Acceptable Use

Permitted Uses

  • Manage legitimate advertising campaigns
  • Create and optimize marketing content
  • Analyze campaign performance and metrics
  • Collaborate with team members and clients

Prohibited Uses

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Create misleading or fraudulent advertising
  • Spam or send unsolicited communications
  • Attempt to hack, disrupt, or overload our systems
  • Share account credentials with unauthorized users
  • Use the Service for illegal or harmful activities
  • Reverse engineer or copy our software

6. Platform Integrations

Our Service integrates with third-party advertising platforms. You acknowledge that:

  • You must comply with each platform's terms of service
  • Platform availability and features may change without notice
  • We are not responsible for third-party platform issues
  • You grant us permission to access your platform accounts as necessary
  • Platform integrations may be suspended or terminated

7. Intellectual Property

Our Rights

  • We own all rights to the Service, including software, design, and content
  • Our trademarks and logos are protected intellectual property
  • You may not copy, modify, or distribute our proprietary technology

Your Content

  • You retain ownership of content you upload or create
  • You grant us a license to use your content to provide the Service
  • You represent that you have rights to all content you provide
  • You are responsible for ensuring content doesn't infringe others' rights

8. Privacy and Data

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

  • We collect and use data as described in our Privacy Policy
  • You consent to data processing necessary to provide the Service
  • We implement security measures to protect your information
  • You may request data deletion upon account termination

9. Service Availability

We strive to provide reliable service, but cannot guarantee:

  • 100% uptime or uninterrupted access
  • Error-free operation
  • Compatibility with all devices or browsers
  • Availability of third-party platform integrations

We may perform maintenance, updates, or modifications that temporarily affect service availability.

10. Limitation of Liability

To the maximum extent permitted by law:

  • We provide the Service "as is" without warranties
  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid in the last 12 months
  • We are not responsible for third-party platform issues or data loss
  • You use the Service at your own risk

11. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your content or advertising campaigns
  • Your violation of third-party rights

12. Termination

By You

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of your billing period
  • You remain responsible for charges incurred before cancellation

By Us

  • We may suspend or terminate accounts for Terms violations
  • We may discontinue the Service with reasonable notice
  • Immediate termination may occur for serious violations

Effect of Termination

  • Your access to the Service will cease
  • We may delete your data after a reasonable period
  • Surviving provisions remain in effect

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting updated Terms on our website
  • Sending email notification to registered users
  • Displaying a notice in our platform

Continued use after changes constitutes acceptance of new Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to conflict of law principles.

15. Contact Information

For questions about these Terms of Service, please contact us:

Business Name: Marketing AI

Owner: Quaid Kubitski

Email: quaidkub0504@gmail.com

Phone: (517) 518-4066

Website: advertisinghubai.com