Terms of Service

Agreement to Terms

Welcome to AdVibe Media. These Terms of Service ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Definitions

For the purposes of these Terms:

• "Company," "we," "us," or "our" refers to AdVibe Media, located at 2115 Young Dr, Lexington, KY 40505
• "Client," "you," or "your" refers to the individual or entity accessing or using our Services
• "Services" refers to all products, services, and features provided by AdVibe Media
• "Content" refers to all materials, information, and data provided through our Services
• "Account" refers to your registered account with AdVibe Media

Services Description

AdVibe Media provides AI-powered digital marketing services, including but not limited to:

• AI-Creative Production and content generation
• Automated advertising campaign management
• Social media management and strategy
• Marketplace optimization and listing management
• Analytics, reporting, and performance tracking
• Comprehensive media planning and buying

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

Account Registration and Security

Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.

Payment Terms

Fees and Billing

By subscribing to our Services, you agree to pay all applicable fees as described in your selected plan. Payment terms include:

• Monthly subscription fees are billed in advance on a recurring basis
• All fees are non-refundable except as specified in our Refund Policy
• Prices are subject to change with 30 days' notice to active subscribers
• You authorize us to charge your payment method for all fees incurred
• Failed payments may result in service suspension or termination

Third-Party Advertising Costs

Our service fees do not include advertising spend on third-party platforms (Google Ads, Facebook, etc.). You are responsible for all advertising costs incurred on these platforms, which are billed separately by the respective platforms.

Client Responsibilities

As a client of AdVibe Media, you agree to:

• Provide accurate information about your business, products, and marketing goals
• Grant necessary access to advertising accounts and platforms
• Respond to requests for information or approvals in a timely manner
• Ensure all content and materials you provide comply with applicable laws
• Maintain adequate advertising budgets on third-party platforms
• Review and approve campaign strategies and creative materials when requested
• Comply with all platform policies and advertising guidelines

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and AI models, are owned by AdVibe Media and protected by copyright, trademark, and other intellectual property laws.

Client Content and Materials

You retain all rights to content and materials you provide to us. By providing content, you grant us a limited, non-exclusive license to use, reproduce, modify, and distribute your content solely for the purpose of providing our Services.

AI-Generated Content

Content created by our AI tools for your campaigns becomes your property upon creation. However, we retain the right to use anonymized data and insights derived from our work to improve our Services.

Prohibited Uses

• Violate any applicable laws, regulations, or third-party rights
• Promote illegal products, services, or activities
• Distribute malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, or harm others
• Infringe on intellectual property rights
• Attempt to gain unauthorized access to our systems or other accounts
• Interfere with or disrupt our Services or servers
• Use our Services for any purpose that competes with our business

Service Level and Performance

No Guarantees

While we strive to deliver exceptional results, we cannot guarantee specific outcomes, including but not limited to:

• Specific ROI, conversion rates, or sales figures
• Search engine rankings or social media engagement
• Advertising approval on third-party platforms
• Uninterrupted or error-free service

Marketing results depend on numerous factors beyond our control, including market conditions, competition, product quality, and platform algorithm changes.

Service Availability

We aim to provide reliable service but do not guarantee 100% uptime. We may perform maintenance, updates, or experience technical issues that temporarily affect service availability.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This includes:

• Business strategies and marketing plans
• Financial information and performance data
• Customer lists and proprietary data
• Trade secrets and technical information

Confidential information may be disclosed if required by law or with prior written consent.

Limitation of Liability

AdVibe Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Costs of substitute services

Our total liability for any claims arising from or related to our Services shall not exceed the amount you paid us in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless AdVibe Media, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide to us
• Your business practices or products/services

Termination

Termination by You

You may terminate your account at any time by contacting us. Termination will be effective at the end of your current billing cycle.

Termination by Us

We reserve the right to suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your account shows fraudulent or suspicious activity
• You fail to pay fees when due
• We are required to do so by law
• Continuing service would harm our business or reputation

Effect of Termination

Upon termination, your right to access and use our Services will immediately cease. We may delete your account data after a reasonable period. Provisions that by their nature should survive termination will remain in effect.

Dispute Resolution

Informal Resolution

Before pursuing formal legal action, you agree to contact us to attempt to resolve any disputes informally. We commit to working in good faith to resolve issues promptly.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, United States, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in Lexington, Kentucky, and you consent to the jurisdiction of such courts.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our website. Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and AdVibe Media regarding our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.