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Terms of Service

Version 1.0Effective

Pending legal review. This is a draft. A lawyer has not approved it yet, and it may change before launch.

Contents
  1. 1About these terms
  2. 2Who can use AdTomato
  3. 3The Service
  4. 4Your account
  5. 5Plans, limits and AI tokens
  6. 6Prices, billing and automatic renewal
  7. 7Cancellation and refunds
  8. 8Your ads, ad accounts and advertising budget
  9. 9AI-generated content
  10. 10Acceptable use
  11. 11Intellectual property
  12. 12Third-party services
  13. 13Availability and support
  14. 14Liability
  15. 15Suspension and termination
  16. 16Changes to these terms
  17. 17Governing law and disputes
  18. 18Contact

About these terms#

These Terms of Service ("Terms") are a contract between you and [to be completed: company name], a company registered in [to be completed: country of registration] under number [to be completed: registration number], with its registered address at [to be completed: registered address] ("AdTomato", "we", "us"). They apply to the website adtomato.ai, the AdTomato dashboard at app.adtomato.ai and every service we provide through them (together, the "Service").

By creating an account or using the Service you accept these Terms. If you use the Service for a company or another organisation, you confirm that you may bind it, and "you" means that organisation.

These documents form part of the Terms: the Privacy Policy, the Cookie Policy, Refunds & cancellation, the Acceptable Use Policy, the AI notice and, where we process personal data for you, the Data Processing Agreement.

Who can use AdTomato#

  • You must be at least 18 years old and able to enter into a binding contract.
  • The Service is made for businesses, sole traders and professionals who advertise their own products or services.
  • Where the law of your country treats you as a consumer, the rights that law gives you apply in addition to these Terms, and they prevail over anything here that conflicts with them.
  • You must not use the Service where the law, or sanctions that apply to you or to us, prohibit it.

The Service#

AdTomato helps you build a website, install a tracker, prepare and launch ad campaigns on third-party advertising platforms and collect the leads they bring into one dashboard. The Service proposes settings, for example a platform, a daily budget and an estimate of weekly leads, and you decide whether to use them.

  • Estimates are not promises. Recommendations, forecasts and estimates, including lead ranges, are calculated by rules from the information available to us. They do not guarantee any result, number of leads, cost or revenue.
  • You approve. Nothing is published or launched for you until you confirm it in the dashboard, except automatic actions you have switched on yourself, such as the optimizer's budget rules.
  • Changes. We may change, add or remove features to improve the Service. If a change materially reduces a paid plan you already pay for, we will tell you in advance, and you may cancel before it takes effect.

Your account#

  • Give accurate information and keep it up to date.
  • Keep your password and sign-in methods secret. You are responsible for activity in your account unless it results from our fault.
  • Tell us at [to be completed: contact email] without delay if you suspect that someone has accessed your account without permission.

Plans, limits and AI tokens#

  • Registration is free. Paid features are available on the plans shown in the pricing section and in the dashboard. The price, the billing period and what each plan includes are shown before you subscribe.
  • AI tokens. Some features generate content (texts, site pages, images) with AI models and use AI tokens. Each plan includes an allowance of tokens per billing period, and the dashboard shows what you have used. Unused tokens do not roll over and have no cash value unless the dashboard says otherwise. Extra tokens, if offered, are priced in the dashboard before you buy them.
  • Limits. Each plan has limits, for example on brands, sites, products or generations. We may slow down or pause use that exceeds them or that threatens the stability of the Service.

Prices, billing and automatic renewal#

  • Payments. Payments are processed by Stripe, our payment service provider. We do not see or store your full card number. Stripe's own terms and privacy policy apply to the payment.
  • Prices and taxes. Prices are shown in the currency displayed at checkout. Taxes such as VAT, GST or sales tax are added where the law requires, and the checkout shows the total before you pay.
  • Automatic renewal. A subscription renews automatically at the end of each billing period, monthly or yearly as you chose, for the same period, until you cancel it. On each renewal date we charge the payment method on file the price in force for your plan. The dashboard shows the next renewal date and amount.
  • Price changes. We will tell you about a price change at least 30 days before it applies to your next renewal. If you do not agree, you can cancel before that renewal.
  • Failed payments. If a payment fails, we may retry it and limit paid features until it succeeds.
  • Receipts. You receive a receipt or invoice for every payment.

Cancellation and refunds#

[to be completed: cancellation terms (BILLING.cancelAnytime)]

Refunds, the statutory right of consumers to withdraw from a contract and how to use it are explained in Refunds & cancellation.

Your ads, ad accounts and advertising budget#

  • Ad accounts. You choose where your ads run: on your own accounts on the advertising platforms, for example Google Ads, Meta Ads and TikTok Ads, which you connect to AdTomato and can disconnect at any time, or, where we offer it, on ad accounts provided by advertising agencies we partner with ("partner agency accounts"). Our partner agencies are independent advertising agencies, not the advertising platforms.
  • Partner agency accounts. Additional terms apply to a partner agency account. We show them in the dashboard before you activate the account, and they apply once you accept them.
  • Advertising budget. Your advertising budget is not included in the price of your plan. On your own accounts, each platform charges your advertising spend under your agreement with that platform; on partner agency accounts, the terms shown in the dashboard apply.
  • Platform rules. You are responsible for complying with each platform's terms and advertising policies, and for your ads being lawful in every country where they are shown, including rules on labelling ads, consumer protection and regulated categories such as health or finance. This applies whether your ads run on your own account or on a partner agency account. Platforms may reject ads or limit or suspend accounts at their own discretion; we do not control those decisions and are not responsible for them.
  • Your content. You are responsible for everything you publish or advertise through the Service, on any ad account, including content the Service proposed and you approved.
  • Your leads. When your site or your ad forms collect data from your customers ("leads"), you are the controller of that data, and we process it for you under the Data Processing Agreement. You must have a lawful basis for it and give people the information the law requires, for example a privacy notice on your site.
  • No affiliation. AdTomato is not affiliated with, endorsed or sponsored by any advertising platform or social network. Their names are used only to say what the Service connects to (see Trademarks).

AI-generated content#

The Service uses AI models to propose texts, pages, images and settings. AI output can be inaccurate or incomplete, and it can resemble content produced for others. Review it before you publish; you decide what to use. It is not legal, tax or financial advice. More in the AI notice.

Acceptable use#

You agree to use the Service in line with the Acceptable Use Policy. In particular, you must not advertise illegal products or services, mislead people, infringe the rights of others, send spam, or try to break, overload or reverse-engineer the Service.

Intellectual property#

  • Ours. The Service, its software and design, and the AdTomato brand belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription under these Terms.
  • Yours. You keep all rights in the content and data you upload ("your content") and, as far as the law allows, in the output the Service generates for you. You give us a licence to host, copy, adapt and display your content only as needed to provide the Service to you.
  • Feedback. If you send us suggestions, we may use them without any obligation to you.

Third-party services#

The Service connects to services we do not control: advertising platforms, social networks, domain registrars, payment and email providers. Their terms apply to your use of them. We are not responsible for their availability, decisions or changes, but we will try to adapt the Service when they change.

Availability and support#

We work to keep the Service available and secure, but we do not promise that it will be uninterrupted or free of errors. We may carry out maintenance, with notice where we can. Support is available at [to be completed: contact email].

Liability#

  • Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for fraud, for death or personal injury caused by negligence, or the statutory rights of consumers.
  • Subject to that, we are not liable for indirect or consequential losses, for lost profits, revenue, data or goodwill, or for the results of your advertising, including decisions made by advertising platforms.
  • Subject to that, our total liability arising from the Service in any 12 months is limited to the amount you paid us in those 12 months.
  • As far as the law allows, you will compensate us for third-party claims arising from your content, your ads or your breach of these Terms.

Suspension and termination#

  • You can stop using the Service at any time and ask us to close your account at [to be completed: contact email].
  • We may suspend or close an account that seriously or repeatedly breaches these Terms or the law, or that puts other users, the platforms or us at risk. Where reasonable, we will warn you first and give you time to fix the problem.
  • Before an account is closed you can export your leads. After closure we delete your data as described in the Privacy Policy.

Changes to these terms#

We may update these Terms. We will publish each new version with its date and, for material changes, tell you by email or in the dashboard at least 30 days before they take effect. If you do not agree, you can cancel before that date. If you keep using the Service after that date, the new Terms apply.

Governing law and disputes#

These Terms are governed by [to be completed: governing law]. Disputes will be settled by [to be completed: courts for disputes]. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live and may bring a claim before its courts. Before going to court, please write to us at [to be completed: contact email]: most problems are solved faster that way.

Contact#

[to be completed: company name], [to be completed: registered address]. Email: [to be completed: contact email]. Company details: Imprint.