Terms of Service

1. Definitions

• "Ad Account" – Your account in a third‑party ad network (e.g., Facebook Ads account) linked via the Platform.
• "AI Functions" – Features and capabilities offered as part of the Services that utilize artificial intelligence, machine learning, or similar technologies, including but not limited to AI Chat Assistant, AI Report Generator, Creative & Video Analyzer, and Audience Intelligence.
• "API Access" – The Facebook ads_read, marketing API, or similar permissions granted via your authorization.
• "Confidential Information" – Information designated confidential or reasonably considered confidential, including Customer Data, business plans, technical data, etc., excluding information that is public without breach, independently developed, already known to the other Party, or legally obtained from third parties.
• "Customer Data" – All information submitted by you or obtained about you via the Services (e.g., ad account data pulled via Facebook APIs).
• "Data Protection Laws" – All applicable global privacy and data protection laws (e.g., GDPR, CCPA).
• "Feedback" – Any feedback, comments, ideas, proposals, suggestions, recommendations, enhancement requests, or other information that you provide regarding the Services.
• "Free Services" – The Services or features that we make available to you on an unpaid trial or free basis.
• "Input" – Any content, data, or information that you provide to the AI Functions for processing.
• "Output" – Any content, analysis, recommendations, or other results generated and returned by the AI Functions based on your Input.
• "Personal Data" – Any Customer Data that identifies or can identify an individual, as protected under applicable laws.
• "Services" – The Adfynx platform and any related services or support we provide under this Agreement.
• "Term" – The duration of your subscription or use period under this Agreement, including any renewal terms.

2. Grant of Rights and Use of Services

Upon registration, Adfynx grants you a non‑exclusive, revocable, non‑transferable right to access and use the Services in accordance with this Agreement. To register, you must provide accurate contact and authorization information, and link your Facebook Ad Accounts via secure OAuth. You are fully responsible for activity under your account and ensuring the confidentiality of login credentials and access tokens.

3. Customer Responsibilities

• You are responsible for all usage under your account and for securing credentials.
• You must ensure you have the right to link any Ad Accounts and use related data.
• You must not expose credentials or tokens in any public or insecure environment.
• You are solely responsible for compliance with Meta's developer policies and data usage guidelines and bear all liabilities arising from misuse.

4. Fees and Payments

You may be billed for access to premium features or subscriptions according to the plan selected. All fees are non-refundable unless otherwise specified. Payment is processed via your designated method, and Adfynx reserves the right to suspend access in case of failed or delinquent payments. Applicable taxes (e.g., VAT, GST) are additional to stated fees. Disputes must be raised in writing within 15 days of billing.

5. Intellectual Property

All rights to the Services (excluding Customer Data) belong exclusively to Adfynx, including all intellectual property. Customer retains ownership of their Customer Data. You grant Adfynx a license to access and use Customer Data solely to operate the Services, in compliance with applicable law. Feedback you provide may be used by Adfynx without compensation.

Copyright Infringement Notice: We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please contact us at legal@adfynx.com with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material and its location; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized; and (v) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

6. Data Handling and Security

• We employ industry‑standard security measures (TLS encryption, access controls, etc.) to protect your data.
• If your jurisdiction mandates specific data processing safeguards (e.g., GDPR), we will process data accordingly with contractual guarantees.
• The Services are not intended for storing highly sensitive personal categories (financial, health, biometric). You must not submit such data.
• In case of a Security Incident affecting your data, we will notify you within 72 hours unless prohibited by law.

Google Analytics Integration: If you connect your Google Analytics account to Adfynx, our use of information received from Google Analytics APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. We access only the Google Analytics data you explicitly authorize, use it exclusively to provide analytics and insights within Adfynx, and do not sell or share your Google Analytics data with third parties. You can revoke Adfynx's access at any time through your Google Account permissions.

7. AI Functions and Output

Ownership and Responsibility: You retain all rights to your Input and Output. Adfynx and its licensors exclusively own all rights to the AI Functions themselves. You are solely responsible for your Input and Output, including ensuring compliance with applicable laws and this Agreement.

Use of AI Functions: You authorize Adfynx to process your Input to provide you with the AI Functions. We may use data about your interaction with the AI Functions to maintain, improve, and develop the Services. However, as stated in our Privacy Policy, we do not use your Customer Data to train generalized AI models.

Prohibited Uses: You may not use the AI Functions or Output to:

• Develop competing AI models or services
• Mislead any person that Output was solely human-generated
• Violate any third-party rights or applicable laws
• Generate or distribute harmful, illegal, or inappropriate content

8. Acceptable Use

You must not use the Services to:

• Violate legal or third‑party rights
• Distribute malware or spam
• Circumvent security or authentication mechanisms
• Reverse engineer the Platform
• Misuse data obtained via Facebook APIs outside allowed use cases
• Impersonate or defraud others

Adfynx reserves the right to suspend access for policy violations.

9. Compliance with Meta Policies

Your use of the Services must comply with Meta's Platform Terms, Developer Policies, and all applicable laws. Adfynx is not liable for any failure of your App to meet Meta requirements if you violate such policies.

10. Term, Renewal, and Termination

Your subscription term is detailed in the order. By default, subscriptions renew automatically. Either party may terminate for cause if the other breaches material obligations and fails to cure within 10 days of written notice.

Upon termination:

• Your access resets
• You must pay any outstanding fees
• We may delete your data following our retention policy

Confidentiality, IP rights, indemnity, and liability terms survive termination.

11. Indemnification

You will indemnify and hold Adfynx harmless from third‑party claims related to your data, your use of the Services (particularly API misuse), or your breach of this Agreement or third-party terms.

12. Disclaimer

The Services are provided "as is" without warranties. Adfynx does not guarantee uninterrupted operation, API availability, or campaign results. All services are subject to Internet limitations.

13. Limitation of Liability

To the fullest extent permitted by law, Adfynx is not liable for indirect, incidental, or consequential damages, nor for lost revenue or data, unless resulting from willful misconduct or gross negligence. Our total liability is capped at the fees you paid in the prior 12 months.

14. General Provisions

• Force Majeure: Neither party is liable for delays caused by uncontrollable events.
• Governing Law: Hong Kong law governs this Agreement; disputes resolved in Hong Kong courts.
• Amendments: Adfynx may revise this Agreement via posting on the Website. If you object, you must notify us within 30 days; otherwise, the new terms apply after renewal.
• Confidentiality: Both parties will protect confidential information against unauthorized disclosure.
• Entire Agreement: This Agreement supersedes all prior agreements.
• Severability/Waiver: Invalid provisions are replaced; failure to enforce rights does not waive them.
• Assignment: You may not transfer this Agreement without consent. Adfynx may assign it freely.
• Notices: We may notify you via email or in‑Platform announcement.

15. Contact Us

If you have any questions regarding this Agreement, please contact us: