Terms of Service

Terms of Service

Last Updated: October 17, 2023

1. Introduction

Welcome to AdPeak (“we,” “our,” or “us”). By accessing or using our website, products, services, or applications (collectively, the “Services”), you agree 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 optimize Google Ads campaigns. Our Services use advanced machine learning algorithms to analyze ad performance, identify opportunities for improvement, and automatically make adjustments to maximize your return on investment (ROI).

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We reserve the right to suspend or terminate your account if any information you provide is inaccurate, outdated, or incomplete, or if we believe, in our sole discretion, that you have violated any provision of these Terms.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

Our Services require integration with your Google Ads account through Google’s API. By using our Services, you authorize AdPeak to access your Google Ads account data and make changes to your campaigns as necessary to provide the optimization 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.

You understand that Google may change its API terms or availability at any time, which may affect our Services. We will make reasonable efforts to adapt to such changes, but cannot guarantee uninterrupted service if Google makes substantial changes to its API.

5. 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
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized 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

6. Payment and Subscription

6.1 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 canceled.

6.2 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.

6.3 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.

6.4 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.

7. AI Technology and Service Limitations

7.1 Nature of AI Services

Our Services utilize artificial intelligence and machine learning technologies to analyze 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 optimizations

7.2 Service Limitations

You acknowledge that our Services have certain limitations:

  • We cannot guarantee specific performance improvements or ROI
  • Optimization may require time to learn and adapt to your specific campaigns
  • Services may experience temporary unavailability for maintenance or updates
  • Integration with third-party platforms like Google Ads is subject to their availability
  • Certain advanced features may require minimum data thresholds or spending levels

8. 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 anonymized data)
  • Generate aggregate insights and benchmarks
  • Detect and prevent fraud or abuse

9. Intellectual Property Rights

9.1 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.

9.2 License to Use Services

You are granted a limited, non-exclusive, non-transferable, and revocable license 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.

9.3 Feedback

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

10. 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.

11. Limitation of Liability

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, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO ADPEAK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS STERLING (£100).

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.

12. 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 attorneys’ fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your violation of any applicable laws or regulations.

13. 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 prior to the changes becoming effective. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms.

14. 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.

15. Governing Law and Jurisdiction

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

16. 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.

17. Entire Agreement

These Terms, together with our Privacy Policy, 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.

18. 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 authorize the transfer of, directly or indirectly, the Services to prohibited countries, individuals, organizations, or entities.

19. 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.

20. Contact Us

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

Email: support@adpeak.ai
Address: 50 Fleet Street, London, EC4Y 1LE, United Kingdom