Terms of Service
Last Updated: [Date]
1. Introduction
Welcome to AdOptimize.io ("Service"). These Terms of Service ("Terms") govern your use of AdOptimize.io's websites, services, and software (collectively, the "Service") provided by [Your Company Legal Name] ("we," "us," "our," or "AdOptimize.io"), an Australian company.
BY USING OUR SERVICE OR CLICKING "I AGREE," YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
2. Service Description
2.1 AdOptimize.io provides online advertising optimization and management tools.
2.2 The Service includes:
- Ad campaign optimization
- Performance monitoring
- Automated adjustments
- Reporting tools
- API integrations with advertising platforms
3. Account Registration
3.1 To use our Service, you must:
- Be at least 18 years old
- Register for an account
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure
3.2 You are responsible for:
- Maintaining account security
- All activities under your account
- Notifying us of unauthorized access
- Ensuring your team members comply with these Terms
4. License Grant
4.1 Subject to these Terms, we grant you a:
- Limited
- Non-exclusive
- Non-transferable
- Revocable
License to use the Service during your subscription period.
4.2 You may not:
- Resell the Service
- Modify or create derivative works
- Reverse engineer the Service
- Copy features or functions
- Share accounts between multiple users
- Use the Service for competitor analysis
5. Your Obligations
5.1 You agree to:
- Comply with all applicable laws
- Follow advertising platform policies
- Maintain accurate advertising accounts
- Keep payment information current
- Use the Service responsibly
5.2 You must not:
- Generate fraudulent clicks or impressions
- Violate intellectual property rights
- Upload malicious code
- Attempt to gain unauthorized access
- Use the Service for illegal activities
6. Google Ads API Access and Data
6.1 API Integration
- Our Service connects to your Google Ads account via the Google Ads API.
- You can revoke our API access at any time through your Google Account security settings (https://security.google.com/settings/security/permissions).
- We may modify our connection methods to your Google Ads accounts as required for service improvement or compliance.
6.2 Authorization and Access
You grant AdOptimize.io permission to:
- Access and read your Google Ads data.
- Make authorized changes to your Google Ads accounts.
- Store and analyze your campaign data.
- Generate reports and optimizations.
6.3 Data Handling
We handle your Google Ads data in accordance with:
- Google Ads API Terms of Service.
- Google's Privacy Policy.
- Our Privacy Policy.
- Applicable data protection laws.
6.4 Your Data Rights
- Your Google Ads data remains your exclusive property.
- We only use your data to:
- Provide optimization services.
- Generate reports and analytics.
- Improve our Service.
- Comply with Google's requirements.
- We do not share your data with other customers.
- We maintain strict data segregation between accounts.
6.5 Security Measures
We implement appropriate security measures including:
- Encrypted data transmission.
- Secure data storage.
- Access controls.
- Regular security audits.
- Compliance with Google's security requirements.
6.6 Your Responsibilities
You are responsible for:
- Maintaining valid Google Ads account credentials.
- Proper account permissions and access rights.
- API access authorization.
- Account security.
- Changes made through our Service.
- Compliance with Google Ads policies.
6.7 Service Termination
We will cease accessing your Google Ads data upon:
- Your explicit request.
- Account termination.
- API access revocation.
- Service cancellation.
- Contract expiration.
7. Payment Terms
6.1 Subscription Fees:
- Billed in advance
- Based on selected plan
- Auto-renewal enabled
- All fees in AUD
- Non-refundable
7.2 Payment Processing:
- Secure payment processing
- Credit card or approved payment methods
- GST added where applicable
- Failed payments may suspend service
7.3 Changes to Fees:
- 30 days notice for price changes
- Continued use accepts new pricing
- Option to cancel before changes apply
8. Data Rights and Privacy
8.1 Your Data:
- You own your content and data
- Grant us license to provide service
- Responsible for data accuracy
- Must have rights to use data
8.2 Our Data Rights:
- Own all Service features
- May use anonymized data
- Collect usage statistics
- Analyze performance data
9. Intellectual Property Rights
9.1 Our Property:
- Service software and code
- Features and functionality
- Trademarks and logos
- Documentation and content
- Analytics and improvements
9.2 Your Rights:
- Your advertising data
- Your customer information
- Your campaign settings
- Generated reports
9.3 Feedback:
- We own all feedback provided
- May use suggestions without compensation
- No obligation to implement feedback
10. Confidentiality
10.1 Confidential Information includes:
- Pricing information
- Technical specifications
- Customer data
- Business strategies
- Account credentials
10.2 Both parties agree to:
- Maintain confidentiality
- Use reasonable security measures
- Limit access to authorized persons
- Return/destroy upon request
11. Term and Termination
11.1 Term:
- Begins upon account creation
- Continues until terminated
- Renewal based on subscription
11.2 Termination by You:
- Cancel anytime through account settings
- 30 days notice required
- No refunds for unused period
11.3 Termination by Us:
- For Terms violation
- For non-payment
- For extended inactivity
- At our discretion with notice
11.4 Effect of Termination:
- Access ends immediately
- Data retained for 30 days
- Export data before termination
- Confidentiality survives
12. Warranty and Disclaimer
12.1 We warrant that:
- Service will function substantially as described
- We have rights to provide Service
- We will use reasonable security measures
12.2 Disclaimer:
SERVICE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability
- Fitness for purpose
- Non-infringement
- Uninterrupted service
- Error-free operation
13. Limitation of Liability
13.1 We are not liable for:
- Indirect damages
- Lost profits
- Data loss
- Business interruption
- Third-party costs
13.2 Liability Cap:
- Limited to fees paid in last 12 months
- Excludes gross negligence
- Excludes willful misconduct
14. Indemnification
You agree to indemnify us against claims arising from:
- Your use of Service
- Content you provide
- Policy violations
- Legal violations
- Account misuse
15. Service Level Agreement
15.1 Availability:
- Target uptime: 99.9%
- Scheduled maintenance excluded
- Emergency maintenance when needed
15.2 Support:
- Email support included
- Response times vary by plan
- Business hours (AEST)
16. Changes to Terms
16.1 We may modify these Terms:
- With 30 days notice
- Posted on website
- Email notification
- Continued use accepts changes
17. General Provisions
17.1 Governing Law:
- Australian law applies
- Courts of [Your State], Australia
- Exclude UN Convention on Contracts
17.2 Dispute Resolution:
- Good faith negotiation first
- Mediation if needed
- Arbitration as last resort
- Class actions waived
17.3 Severability:
- Invalid terms severable
- Remaining terms continue
- Replace with valid terms
17.4 Assignment:
- You may not assign
- We may assign to successors
- Notice of assignment
17.5 Entire Agreement:
- Supersedes prior agreements
- Complete understanding
- No other representations
18. Contact Information
Legal notices to:
[Your Company Name]
[Address]
[Email]
[Phone]
For support: support@adoptimize.io
19. Definitions
[Include key term definitions]
Last Updated: [Date]