adCasa's Policies

Terms of Service

adCasa Terms of Service

Effective Date: September 12, 2024

Introduction

Welcome to adCasa LTD (“adCasa,” “we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our services, including our website, applications, adGPT, and any related services (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue using our Services immediately.

Our Services are designed to enhance digital marketing strategies through AI-driven solutions, including adGPT, campaign analysis, and performance optimization tools. By using these Services, you acknowledge that AI-generated content may not always be flawless, and you are responsible for reviewing and validating the results before taking any action.

Definitions

  • Account: The account created for you to use our Services.
  • User: Any individual or entity using our Services.
  • Content: All text, graphics, data, and other materials available through the Services.
  • Data: All data collected, processed, generated, stored, or derived by adCasa in connection with the Services, including but not limited to metadata, usage data, aggregated data, and interactions across platforms.
  • Input: Data provided by the user to the Services.
  • Output: Data generated by the Services in response to user input.
  • Personal Data: Any information relating to an identified or identifiable natural person.
  • Data Controller: The entity that determines the purposes and means of processing Personal Data.
  • Data Processor: The entity that processes Personal Data on behalf of the Data Controller.
  • GDPR: General Data Protection Regulation (EU Regulation 2016/679).
  • Beta Services: Services or features offered on a trial, alpha, preview, early access, or beta basis.
  • Service Interruption: Any instance of downtime or technical failure affecting the Services.
  • Derived Data: Data generated or inferred from other data sources.
  • Third-Party Services: External services that may be integrated with or accessed through adCasa.
  • Service Availability: The ongoing ability of the Services to be accessed and used, considering any planned or unplanned interruptions.
  • AI Outputs: Any text, data, or other material generated by adGPT or other AI-based tools.
  • Confidential Information: Any non-public information that a reasonable person would consider confidential or proprietary, including customer lists, financial data, and marketing strategies.

Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. Your use of the Services constitutes explicit acceptance of these Terms, including data processing and sharing practices described herein.

Age Requirements

You must be at least 16 years old to use our Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services, and they must agree to these Terms on your behalf. Misrepresentation of age or legal consent absolves adCasa of liability for resulting damages or losses.

Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email and by posting the updated Terms on our website with a new effective date. Users will be provided reasonable notice for any significant changes affecting data usage or privacy rights. Your continued use of the Services after notice of changes constitutes acceptance of the updated Terms.

Data Ownership and Usage

Data Ownership

By using our Services, you agree that any and all data you provide, including but not limited to Personal Data, business data, user input, and any interaction with the Services (collectively “User Data”), becomes the sole and exclusive property of adCasa upon submission.

License Grant

You grant adCasa a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, copy, modify, create derivative works, distribute, publicly display, analyze, aggregate, monetize, and otherwise exploit User Data in all formats and distribution channels, without further notice to or consent from you, and without payment or compensation. This license persists even after termination of the account or cessation of Services, unless otherwise agreed in writing or required by law.

Cross-Platform Data Aggregation

You consent to adCasa’s right to aggregate and analyze data across multiple platforms for any purpose, including improvement of services and commercial activities.

Retention

adCasa may retain and use User Data indefinitely, even after account termination, unless required by law to delete it.

Right to Delete

Users may request deletion of their data, but this will only be fulfilled if it complies with GDPR or other applicable legal frameworks. This process may not be immediate, but we are legally required to honor valid deletion requests.

Processing of Personal Data

adCasa processes Personal Data in accordance with the GDPR and other applicable data protection laws. By using our Services, you consent to the collection, processing, and use of your Personal Data as described in our Privacy Policy.

adCasa as Data Controller

adCasa determines the purposes and means of processing Personal Data related to the Services.

adCasa as Data Processor

For certain services, adCasa may act as a Data Processor, processing Personal Data on your behalf under your instructions.

Data Processing Agreement

When using adGPT or any other adCasa services, you agree to our Data Processing Agreement under the GDPR. adCasa may engage trusted third-party providers (“sub-processors”) to assist in providing specific aspects of the Services. You give full consent to adCasa for such data processing, including cross-border transfers of Personal Data.

Data Transfers and International Users

adCasa operates its Services globally, which means that your data may be transferred and stored in various countries, including those outside of the European Economic Area (EEA) or your country of residence. By using our Services, you consent to the transfer of your data across borders, including to countries that may not have the same data protection laws as your jurisdiction. adCasa will take reasonable steps to ensure that appropriate safeguards are in place to protect your data, such as Standard Contractual Clauses or other legal mechanisms.

User Data Security Obligations

Users are responsible for maintaining the confidentiality of their account credentials and ensuring the secure handling of any Personal Data. You agree not to take any actions that might compromise the security of data processed through our Services, such as sharing passwords or engaging in insecure practices.

User Obligations

You agree to:

  • Provide accurate and complete information when creating your account.
  • Ensure that your use of our Services complies with all applicable laws, including data protection, privacy, and intellectual property laws.
  • Respect the rights of others, including refraining from infringing on the privacy or intellectual property rights of others.
  • Maintain the confidentiality of your account credentials, as you are responsible for all activities that occur under your account.

Users are liable for any damages or legal actions arising from misrepresentation or misuse of data.

Prohibited Use

You agree not to misuse the Services or assist others in doing so. Misuse includes, but is not limited to:

  • Uploading or distributing malware, spyware, or any harmful software.
  • Engaging in illegal activities or violating applicable laws.
  • Attempting to reverse-engineer, decompile, or tamper with our software or Services, including proprietary AI models and algorithms.
  • Using the Services for phishing, spamming, or any form of deceptive practices.
  • Misrepresenting your affiliation with any person or entity.
  • Violating the security or integrity of any system, including adCasa’s systems.

Any misuse may result in immediate termination of your account and potential legal action.

Intellectual Property

All intellectual property rights in the Services, including trademarks, logos, software, and content, are owned by adCasa.

Ownership of Outputs

All data, reports, and outputs generated by adGPT are the exclusive property of adCasa. Users do not acquire any ownership or intellectual property rights through the use of our Services.

Rights to Use Generated Content

You are granted a limited, non-exclusive, royalty-free license to use, copy, and distribute the outputs generated by adGPT for your own marketing, business, and internal purposes. However, you may not sell, license, sublicense, or otherwise commercially exploit the outputs for direct profit without prior written consent from adCasa. adCasa retains ownership of all underlying AI models, software, and proprietary technologies used to generate the outputs, and any use beyond the rights granted above requires explicit permission from adCasa.

User Contributions

Any suggestions, improvements, or feedback provided by users will become the exclusive intellectual property of adCasa without compensation.

Beta Services

We may offer Beta Services from time to time. These services are provided “as-is” and may contain bugs or errors. We disclaim all liability related to the use of Beta Services, and you agree to use them at your own risk. adCasa is not liable for loss of data during Beta testing.

AI Disclaimer

Our AI-powered tools, including adGPT, use advanced machine learning techniques to generate outputs. While we strive for accuracy, the results produced by AI tools may not always be accurate, complete, or up-to-date. Users are responsible for reviewing and validating all AI-generated content before taking action based on it. adCasa is not liable for any outcomes resulting from the use of AI-generated content.

Privacy and Security

Your privacy is important to us. For more information on how we collect, use, and share your Personal Data, please see our Privacy Policy. While we take reasonable steps to protect your data, you acknowledge that no system is entirely foolproof. adCasa shall not be liable for any unauthorized access to your data.

Limitation of Liability

To the fullest extent permitted by law, adCasa, its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages. This includes but is not limited to:

  • Losses: Loss of profits, revenues, business opportunities, or goodwill.
  • Data: Loss of data or any other intangible losses.
  • Unauthorized Access: Unauthorized access to or alteration of your data.

In no event shall adCasa’s total liability exceed the amount you paid to use the Services in the 12 months preceding the claim.

Class Action Waiver

You agree to waive any rights to participate in class action lawsuits or class-wide arbitration.

Force Majeure

adCasa shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, cyberattacks, or governmental actions.

Indemnification

You agree to defend, indemnify, and hold harmless adCasa, its subsidiaries, agents, licensors, managers, and affiliates, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, losses, liabilities, costs, or debts, and expenses (including attorney’s fees) arising from:

  • Your use of and access to the Services.
  • Your violation of these Terms.
  • Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
  • Your violation of any applicable law, rule, or regulation.
  • Any claim or damages arising as a result of your User Data submitted via your account.
  • Any other party’s access and use of the Services with your account credentials.
  • Actions taken by third parties who gain access to your account through your negligence or breach of these Terms.

Termination

adCasa reserves the right to suspend or terminate your access to the Services at any time, with or without cause, including violation of these Terms or any applicable law. Upon termination, adCasa may delete your account and all associated data without liability for damages or losses caused by such termination. Users may request an export of their personal data before account termination, subject to adCasa’s data export capabilities and compliance with applicable laws. Data rights post-termination remain subject to applicable laws.

Dispute Resolution

Any dispute arising from these Terms and your use of the Services shall be resolved by binding arbitration, rather than in court. The arbitration shall be conducted by the London Court of International Arbitration under its applicable rules. The arbitrator’s decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party shall bear its own legal fees and costs unless otherwise awarded by the arbitrator.

Data Processing and Sub-Processors

adCasa may engage trusted third-party providers (“sub-processors”) to assist in providing aspects of the Services. These sub-processors are subject to strict confidentiality obligations, and adCasa remains responsible for ensuring compliance with data protection laws. However, adCasa shall not be liable for any damages arising from sub-processor misconduct or breach.

Changes to the Services

adCasa reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. adCasa does not guarantee availability or functionality at all times and is not liable for any interruptions, modifications, or discontinuations of the Services.

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.

Entire Agreement

These Terms constitute the entire agreement between you and adCasa regarding your use of the Services. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms supersede any prior agreements, whether written or oral, related to the Services.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles. Any disputes arising from these Terms shall be resolved in the courts of London, UK, except as provided in the Dispute Resolution clause.

Survival Clause

The provisions relating to intellectual property, limitation of liability, indemnification, governing law, and dispute resolution shall survive the termination of these Terms.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us:

  • Email: legal@adcasa.io
  • Service Address: adCasa LTD, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.