Terms of Service

Last Updated: April 2026

1. Introduction

Welcome to AdPeak (“we,” “our,” or “us”). By accessing or using our website, products, services, or applications (collectively, the “Services”), the customer (“you” or the “Customer”) agrees to be bound by these Terms of Service (“Terms”). Please read these Terms carefully.

These Terms constitute a legally binding agreement between you and AdPeak regarding your use of the Services. If you do not agree with these Terms, please do not access or use our Services.

2. Service Description

AdPeak provides an AI-powered platform designed to optimise Google Shopping campaigns. Our Services include:

Automated Product Labelling. Machine learning algorithms analyse product performance data and assign custom labels to products in your Google Merchant Center account, enabling granular bid adjustments within Google Shopping campaigns.
Plan-and-Apply Optimisation Engine. A structured workflow in which proposed changes to your Google Ads and Merchant Center accounts are presented as a reviewable plan that you must explicitly approve before any changes are applied. See Section 5 for details.
AI Assistant and Agent Tools. Conversational and agentic interfaces powered by third-party AI model providers that help you query performance data, generate reports, and interact with your accounts. See Section 6 for details on AI model provider data processing.
MCP Tool Registry. A set of machine-callable tools exposed via the Model Context Protocol (MCP) that allow authorised AI agents to interact with AdPeak functionality on your behalf, subject to the same plan-and-apply controls described in Section 5.
Performance Reporting. Aggregated analytics and reports derived from your Google Ads and Merchant Center data, including product-level metrics, strategy performance, and historical trends.

Our Services are designed to support your decision-making regarding Google Shopping campaign management. They do not guarantee any particular advertising outcome. See Section 8 for important disclaimers regarding performance outcomes.

3. Account Registration

To use certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account if any information you provide is inaccurate, outdated, or incomplete, or if we believe, in our sole discretion, that you have violated any provision of these Terms.

4. Google Platform Access

4.1 Google Ads API Access

Our Services require integration with your Google Ads account through Google’s API. By using our Services, you authorise AdPeak to access your Google Ads account data and make changes to your campaigns as necessary to provide the optimisation Services. You acknowledge that you have the authority to grant such access and that you are responsible for ensuring your use of our Services complies with Google’s terms of service.

4.2 Google Merchant Center API Access

Our Services require integration with your Google Merchant Center account through Google’s API. By using our Services, you authorise AdPeak to access, collect, and process data from, and make changes to, your account, including product catalogue data (e.g., product titles, descriptions, prices, images, and other attributes) and information about your data sources (e.g., feed schedules, statuses, and file information). This data is used to provide you with insights, analytics, and management tools related to your product catalogue and to manage your data sources on your behalf. You acknowledge that you have the authority to grant such access and that you are responsible for ensuring your use of our Services complies with Google’s terms of service.

4.3 Third-Party Platform Changes

You understand that Google and other third-party platform providers may change their API terms, availability, auction dynamics, policies, or pricing at any time, which may affect our Services. We will make reasonable efforts to adapt to such changes, but we do not accept any liability for disruption, degradation, or loss arising from changes made by third-party platforms. See Section 12 for further detail.

5. Plan-and-Apply Model

5.1 How It Works

AdPeak operates a plan-and-apply model for changes to your Google Ads and Google Merchant Center accounts. Before any change is applied to your accounts, AdPeak generates a reviewable plan describing the proposed modifications. No changes are executed until you have reviewed and explicitly approved the plan.

5.2 Customer Responsibility for Approval

The Customer is responsible for reviewing and approving all proposed changes before they are applied. By approving a plan, the Customer accepts the consequences of its execution, including any effects on campaign performance, product labelling, bid adjustments, or account configuration. AdPeak shall not be liable for the outcomes of changes that the Customer has reviewed and approved.

5.3 Automated Schedules

Where you configure scheduled or recurring optimisation runs, each scheduled execution generates a plan that is applied according to the schedule you have configured. By enabling a schedule, you accept responsibility for the outcomes of plans executed under that schedule. You may disable or modify schedules at any time through the Services.

6. AI Model Providers and Sub-Processors

6.1 Third-Party AI Model Providers

AdPeak uses third-party AI model providers, including but not limited to OpenAI, Anthropic, and Google, to power the AI assistant, agent functionality, and MCP-exposed tools within the Services. When you use these features, certain Customer data — including product catalogue data, performance metrics, conversation content, and queries — may be transmitted to and processed by these third-party providers in accordance with their respective data processing terms.

6.2 Sub-Processor List

A current list of sub-processors engaged by AdPeak is maintained at adpeak.ai/sub-processors. AdPeak will provide at least thirty (30) days’ prior written notice before engaging any new sub-processor that processes Customer data. You may object to a new sub-processor by notifying us in writing within the notice period. If we are unable to address your objection to our mutual satisfaction, you may terminate these Terms by providing written notice within thirty (30) days of our response to your objection.

6.3 Data Processing Safeguards

We select AI model providers that offer appropriate contractual commitments regarding data handling, and we configure our use of these providers to minimise unnecessary data exposure. However, you acknowledge that the processing of your data by third-party AI model providers is subject to those providers’ own terms and policies. AdPeak is not responsible for the data handling practices of third-party AI model providers beyond the contractual commitments we have obtained from them.

7. User Responsibilities

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Services in any way that violates applicable laws or regulations
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Operate on, connect, or grant AdPeak access to any Google Ads or Merchant Center account that you do not own or have proper authorisation to manage
Interfere with or disrupt the Services or servers or networks connected to the Services
Attempt to gain unauthorised access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
Use any robot, spider, or other automated device to access the Services except for search engines and public archiving services
Transmit any viruses, malware, or other malicious code
Use the Services to generate unsolicited advertising or spam
Attempt to decompile, reverse engineer, disassemble, or hack the Services
Use the Services in a way that could damage, disable, overburden, or impair the Services

8. AI Technology, Service Limitations, and No Warranty of Performance Outcomes

8.1 Nature of AI Services

Our Services utilise artificial intelligence and machine learning technologies to analyse data and make predictions. While we strive for accuracy and effectiveness, you acknowledge that:

AI recommendations are probabilistic in nature and not guaranteed to improve performance
Machine learning models require sufficient data to generate effective recommendations
The quality of recommendations depends partly on the quality and quantity of data available
Automated systems may make decisions that human experts might not make
Market conditions and platform changes may impact the effectiveness of our optimisations

8.2 No Warranty of Performance Outcomes

AdPeak does not warrant, represent, or guarantee that the use of the Services will improve your return on ad spend (ROAS), revenue, conversion rate, profitability, or any other performance metric. Advertising outcomes depend on numerous factors outside AdPeak’s control, including but not limited to market conditions, competitor behaviour, product pricing, inventory availability, Google’s auction dynamics, and the quality of your product data. You use the Services entirely at your own risk with respect to advertising performance outcomes.

8.3 Service Availability Limitations

You acknowledge that our Services have certain operational limitations:

Optimisation may require time to learn and adapt to your specific campaigns and product catalogue
Services may experience temporary unavailability for maintenance or updates
Integration with third-party platforms is subject to their availability and policies
Certain advanced features may require minimum data thresholds or spending levels

9. Payment and Subscription

9.1 Subscription Plans

We offer various subscription plans for our Services. By selecting a subscription plan, you agree to pay the applicable fees. All fees are exclusive of taxes unless stated otherwise. We will charge your payment method on file on a recurring basis according to your chosen billing cycle until your subscription is cancelled.

9.2 Free Trials

We may offer free trials for our Services. When the free trial period ends, we will automatically bill you for the applicable subscription unless you cancel before the trial ends.

9.3 Billing Changes

We reserve the right to change our fees and billing methods at any time, provided that we will notify you before any changes take effect. If you do not agree with the changes, you may cancel your subscription before the changes take effect.

9.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel, you may continue to use your subscription until the end of your current billing period, but you will not receive a refund for any fees already paid.

10. Data and Privacy

We collect and process your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and sharing of your information as described in our Privacy Policy.

You grant us the right to use your data to:

Provide and improve our Services
Train our machine learning models (using anonymised and aggregated data only)
Generate aggregate insights and benchmarks
Detect and prevent fraud or abuse

11. Intellectual Property Rights

11.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and algorithms, are the exclusive property of AdPeak or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

11.2 Licence to Use Services

You are granted a limited, non-exclusive, non-transferable, and revocable licence to use the Services for their intended purpose. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

11.3 Feedback

If you provide us with feedback or suggestions regarding our Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free licence to use such feedback for any purpose without compensation to you.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SERVICES WILL IMPROVE YOUR ADVERTISING PERFORMANCE, RETURN ON AD SPEND, REVENUE, PROFITABILITY, OR ANY OTHER BUSINESS METRIC. THE CUSTOMER ASSUMES ALL RISK WITH RESPECT TO PERFORMANCE OUTCOMES ARISING FROM THE USE OF THE SERVICES.

13. Limitation of Liability

13.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADPEAK, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

LOSS OF PROFITS OR ANTICIPATED PROFITS
LOSS OF REVENUE
LOSS OF DATA
LOSS OF GOODWILL
LOSS OF BUSINESS OPPORTUNITY
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ADPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Liability Cap

IN NO EVENT SHALL ADPEAK’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ADPEAK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF GREATER, ONE HUNDRED POUNDS STERLING (GBP 100).

13.3 Third-Party Platform Exclusion

ADPEAK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR DISRUPTION ARISING FROM OR RELATED TO: (A) CHANGES TO GOOGLE ADS, GOOGLE MERCHANT CENTER, OR ANY OTHER THIRD-PARTY PLATFORM’S APIs, POLICIES, AUCTION DYNAMICS, ALGORITHMS, OR PRICING; (B) SUSPENSION, TERMINATION, OR RESTRICTION OF YOUR ACCOUNTS BY ANY THIRD-PARTY PLATFORM; OR (C) ANY ACT OR OMISSION OF A THIRD-PARTY AI MODEL PROVIDER BEYOND ADPEAK’S REASONABLE CONTROL.

13.4 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ADPEAK’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

14.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless AdPeak, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to:

(a) your use of the Services;

(b) your violation of these Terms;

(d) your violation of any applicable laws or regulations;

(e) your operation on any Google Ads or Merchant Center account that you do not own or do not have proper authorisation to manage;

(f) your approval and execution of any plan generated by the Services pursuant to Section 5;

(g) any claim by a third party arising from actions taken on accounts connected to the Services through your use; or

(h) any content, data, or materials you provide to the Services, including product catalogue data, advertising content, or instructions provided to the AI assistant.

14.2 Indemnification Procedure

We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation at your expense. You shall not settle any claim without our prior written consent, which shall not be unreasonably withheld.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website at least thirty (30) days prior to the changes becoming effective. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services before the changes take effect.

16. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising from these Terms or your use of the Services.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and AdPeak regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

20. Export Controls

You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the export and import laws and regulations of the United Kingdom, European Union, and the United States. You agree not to transfer, or authorise the transfer of, directly or indirectly, the Services to prohibited countries, individuals, organisations, or entities.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.

22. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@adpeak.ai Address: AdPeak, MSparc, Menai Science Park, Gaerwen, Anglesey, LL60 6AG, UK