Terms of Usage
Last Updated: January 1, 2025
These Terms of Usage ("Terms") govern your access to and use of AdGenius AI's website, software, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By creating an account, making a purchase, or otherwise accessing or using AdGenius AI, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and AdGenius AI.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You are not barred from using our Services under applicable law
- All information you provide is accurate, current, and complete
3. Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you may need to create an account. You agree to provide accurate, complete, and current information during registration and to update your information as necessary.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Using a strong, unique password and enabling two-factor authentication when available
3.3 Account Restrictions
You may not:
- Share your account credentials with others
- Create multiple accounts to circumvent restrictions
- Use another person's account without permission
- Transfer, sell, or sublicense your account to any third party
4. License and Permitted Use
4.1 License Grant
Subject to your compliance with these Terms, AdGenius AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.
4.2 Restrictions
You agree not to:
- Copy, modify, distribute, sell, or lease any part of our Services
- Reverse engineer, decompile, or disassemble the software
- Remove, alter, or obscure any proprietary notices
- Use automated systems (bots, scrapers) to access the Services without permission
- Attempt to gain unauthorized access to our systems or networks
- Use the Services for any illegal or unauthorized purpose
- Interfere with or disrupt the Services or servers
- Transmit viruses, malware, or other harmful code
4.3 Commercial Use
You may use the content generated by AdGenius AI for commercial purposes, including providing services to clients, subject to applicable licensing terms of your subscription plan.
5. Payment Terms
5.1 Pricing and Fees
You agree to pay all fees associated with your purchase or subscription. All prices are listed in U.S. Dollars unless otherwise specified. We reserve the right to change our pricing at any time, with notice provided for existing subscribers.
5.2 Payment Methods
We accept payment through authorized third-party payment processors including JVZoo, ClickBank, PayPal, and Stripe. By providing payment information, you authorize us to charge the applicable fees.
5.3 Subscriptions and Renewals
If you purchase a subscription plan:
- Your subscription will automatically renew at the end of each billing period unless you cancel
- You will be charged the then-current subscription fee
- You may cancel your subscription at any time through your account settings
- Cancellation will take effect at the end of the current billing period
5.4 Refunds
We offer a 30-day money-back guarantee for first-time purchases. To request a refund, contact our support team within 30 days of your purchase. Refunds are processed through the original payment method and may take 5-10 business days to appear.
Refund eligibility:
- First-time purchases only
- Request must be made within 30 days of purchase
- Account must not have violated these Terms
- Excessive or fraudulent refund requests may result in account termination
5.5 Taxes
You are responsible for all applicable taxes associated with your purchase, except for taxes based on our net income. We may collect applicable sales tax where required by law.
6. Intellectual Property Rights
6.1 Our Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, software, algorithms, and designs, are owned by AdGenius AI or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
6.2 User-Generated Content
You retain ownership of any content you input into our Services. However, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your input solely for the purpose of providing and improving our Services.
6.3 AI-Generated Content
Content generated by our AI technology is provided to you for your use. You may use, modify, and distribute AI-generated content for commercial purposes, subject to these Terms. However, we cannot guarantee that AI-generated content is unique or free from third-party intellectual property claims.
6.4 Copyright Infringement
We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact us with detailed information about the alleged infringement.
7. Prohibited Conduct
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Create or distribute content that is illegal, harmful, threatening, abusive, defamatory, or obscene
- Harass, intimidate, or harm others
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest personal information from other users without consent
- Engage in fraudulent, deceptive, or misleading practices
- Distribute spam, malware, or unsolicited commercial communications
- Circumvent any security features or access controls
- Overload, interfere with, or disrupt the Services or servers
8. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or integrations. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and privacy policies. We encourage you to review their terms before use.
9. Disclaimers and Limitations of Liability
9.1 Service Availability
We strive to provide reliable, uninterrupted service, but we do not guarantee that the Services will always be available, error-free, or secure. We may experience downtime for maintenance, updates, or unforeseen technical issues.
9.2 No Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADGENIUS AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
9.4 AI Accuracy
While we strive to provide accurate and high-quality AI-generated content, we do not guarantee its accuracy, completeness, or suitability for any specific purpose. You are responsible for reviewing and verifying all AI-generated content before use.
10. Indemnification
You agree to indemnify, defend, and hold harmless AdGenius AI and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your content or activities
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting customer support or through your account settings. Upon termination, you will lose access to the Services.
11.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Abuse or misuse of the Services
- Extended inactivity
11.3 Effect of Termination
Upon termination:
- Your license to use the Services will immediately cease
- We may delete your account and data (subject to legal obligations)
- You remain liable for any outstanding fees or obligations
- Sections that by their nature should survive termination shall remain in effect
12. Dispute Resolution
12.1 Informal Resolution
Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually satisfactory resolution.
12.2 Binding Arbitration
If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
12.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
12.4 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.
If you do not agree to the modified Terms, you must stop using the Services and may request account termination.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AdGenius AI regarding the Services.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.
15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us: