Terms of Service

These Terms of Service ("Terms") govern your use of the AdConsultant.Ai platform and services provided by AdConsultant.Ai LLC ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Description of Services

AdConsultant.Ai provides Amazon Ads performance analysis, optimization recommendations, and consulting services for advertising campaigns. Our services include but are not limited to:

• Amazon Ads account analysis and performance monitoring
• AI-generated campaign optimization recommendations
• Automated reporting and insights
• Consulting services for advertising strategy
• Dashboard tools for campaign management

3. User Accounts and Registration

Account Creation

To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities under your account
• Use the services only for lawful purposes

4. Acceptable Use Policy

Permitted Use

You may use our services for legitimate business purposes related to Amazon Ads campaign management and optimization. You agree to use the services in compliance with all applicable laws and regulations.

Prohibited Activities

You agree not to:

• Use the services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the services
• Share your account credentials with others
• Use automated tools to scrape or collect data without permission
• Reverse engineer or attempt to extract source code
• Use the services to compete with us or develop competing products
• Perform competitive analysis or benchmarking without prior written permission
• Resell, sublicense, or redistribute access to the services
• Share accounts across more than 5 users per subscription tier

5. Data and Privacy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

Amazon Ads Data

You acknowledge that our services integrate with Amazon Ads APIs and that your Amazon Ads data will be processed according to Amazon's policies and our Privacy Policy. You represent that you have the right to connect your Amazon Ads account to our services.

AI Data Processing and Third-Party Services

6. Third-Party Dependencies and Rate Limiting

Amazon API Dependencies

IMPORTANT: Our services depend on the availability and functionality of Amazon Ads APIs. You acknowledge and agree that:

• Service availability is contingent upon Amazon Ads API availability
• We are not liable for any service disruptions, data loss, or functionality issues resulting from Amazon API outages, changes, or deprecations
• We will use best efforts to maintain compatibility with Amazon API updates
• We will provide 30 days' notice if Amazon changes materially affect core functionality, when reasonably possible
• In the event of permanent Amazon integration failure, we will provide alternative data export options where feasible

Rate Limiting and Fair Use

To ensure service quality for all users, we enforce the following limitations:

• API calls are limited to 1,000 requests per hour per account
• Bulk operations are limited to 10,000 records per operation
• Resource-intensive operations are subject to our fair use policy
• We reserve the right to throttle or temporarily suspend access for excessive usage that impacts service performance
• Additional capacity may be available for enterprise accounts upon request

7. Payment Terms

Subscription Fees and Billing Model

Our service fees are calculated as a percentage of your monthly Amazon Ads spend. The billing model works as follows:

• 14-Day Free Trial: No charges during your initial 14-day trial period
• Fee Structure: 1% of your monthly Amazon Ads spend (minimum $20/month for accounts spending under $2,000/month)
• Billing Timing: Fees are billed monthly in arrears (after the service period), not in advance
• First Bill: Your first bill will be processed 14 days after your free trial ends, covering the first month of service
• Ongoing Billing: Subsequent bills are processed monthly, covering the previous month's service and calculated based on your actual Amazon Ads spend during that period
• Spend Calculation: Ad spend is automatically tracked through our Amazon Ads API integration

Billing Authorization and Payment

By signing up for our service, you authorize us to:

• Automatically track your Amazon Ads spend through our API integration
• Calculate monthly service fees as 1% of your previous month's Amazon Ads spend
• Charge your designated payment method for the calculated monthly fees
• Process recurring monthly payments based on your actual advertising spend
• Apply the minimum monthly fee of $20 for accounts with ad spend under $2,000/month

Payment Responsibilities

• You are responsible for maintaining valid payment information
• Payment is due within 30 days of invoice date
• Late payments may result in service suspension after a 7-day grace period
• You will receive an itemized invoice showing your ad spend and calculated service fee
• Price changes to the percentage rate will be communicated with 30 days' notice
• All fees are non-refundable unless otherwise specified in writing

Free Trial Terms

Your 14-day free trial includes:

• Full access to all platform features and tools
• No charges or fees during the 14-day period
• Ability to cancel anytime during the trial with no obligation
• Automatic conversion to paid service after trial unless cancelled
• First payment processed 14 days after trial end date, covering the first month of paid service

8. Intellectual Property

Our Intellectual Property

The services, including all software, algorithms, content, and materials, are owned by AdConsultant.Ai LLC and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the services for your internal business purposes.

Your Content

You retain ownership of your data and content. By using our services, you grant us a limited license to use, process, and analyze your data solely to provide the services to you.

9. Service Availability

Uptime and Maintenance

While we strive to provide reliable service, we do not guarantee 100% uptime. We may perform maintenance that temporarily affects service availability, and we will provide reasonable notice when possible.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the services at any time. We will provide reasonable notice of material changes that may affect your use of the services.

10. Professional Services and Consultation

Not Professional Advice

Recommendation to Seek Professional Consultation

We strongly recommend that you:

• Consult with qualified marketing and advertising professionals before implementing any significant strategy changes
• Have your advertising campaigns reviewed by certified Amazon Ads experts
• Seek professional business advice when making major advertising budget decisions
• Validate our AI-generated recommendations with industry experts
• Consider your specific business context, goals, and constraints that our AI may not fully understand

Your Responsibility for Decisions

You acknowledge that any actions taken based on our recommendations—whether AI-generated, platform-specific best practices, campaign setup guidance, bid optimization strategies, or any other advice provided through our platform—are your sole responsibility. We are not liable for business losses, poor campaign performance, wasted advertising spend, or any other negative outcomes resulting from following any suggestions, recommendations, or guidance provided by AdConsultant.Ai.

You expressly agree that all platform features, recommendations, and guidance are provided for informational purposes only and that you bear full responsibility for evaluating their suitability for your specific business needs before implementation.

11. Limitation of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE ACCURACY OF AI-GENERATED RECOMMENDATIONS.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADCONSULTANT.AI LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

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

Specific Exclusions

You expressly acknowledge and agree that AdConsultant.Ai shall not be liable for:

• Lost profits, revenue, or business opportunities resulting from advertising campaigns
• Poor campaign performance or suboptimal results
• Advertising spend decisions or budget allocations you make
• Failure to achieve any specific return on investment (ROI) or performance metrics
• Competitive disadvantages or market share losses
• Any decisions made based on our recommendations, whether AI-generated or platform-provided

You are solely responsible for all advertising spend decisions and campaign management choices. We make no guarantees regarding specific ROI, performance improvements, or business outcomes.

12. Indemnification

You agree to indemnify and hold harmless AdConsultant.Ai LLC, its officers, directors, employees, and agents from any claims, damages, losses, and expenses arising from your use of the services, violation of these Terms, or violation of any third-party rights.

13. Termination

Termination by You

You may terminate your account according to the following notice requirements:

• Monthly subscriptions: Immediate termination effective at the end of the current billing period
• Annual subscriptions: 30 days' written notice required
• Termination requests should be submitted through our Contact Us page
• Termination will not entitle you to a refund of any fees already paid

Termination by Us

We may terminate your account under the following conditions:

• Immediately for material breach of these Terms (with 10-day cure period where applicable)
• Immediately for illegal activities or violations of applicable law
• With 90 days' notice for convenience or business reasons
• Upon termination, your right to use the services will cease immediately

Data Export and Retention

Upon termination, we provide the following data handling:

• 30-day post-termination window to export your data
• Data provided in standard formats (CSV, JSON)
• One-time export assistance included at no additional charge
• After the 30-day period, we will delete your data in accordance with our Privacy Policy

Effect of Termination

Some provisions of these Terms will survive termination, including intellectual property rights, limitation of liability, indemnification, and governing law. All payment obligations accrued prior to termination remain due and payable.

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or the services will be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, conducted in Minneapolis, Minnesota.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather conditions
• War, terrorism, civil unrest, or government actions
• Pandemic, epidemic, or public health emergencies
• Labor disputes, strikes, or shortages
• Failure of third-party services or infrastructure beyond our control

The affected party must:

• Notify the other party within 5 business days of becoming aware of the force majeure event
• Use reasonable efforts to mitigate the impact and resume performance as soon as practicable
• Resume full performance of obligations once the force majeure event ceases

If a force majeure event prevents performance for more than 60 consecutive days, either party may terminate these Terms upon written notice to the other party.

16. Assignment and Successors

Assignment by You

You may not assign or transfer these Terms or your rights under them without our prior written consent, which will not be unreasonably withheld. Any attempted assignment without consent is void.

Assignment by Us

We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets. We will notify you of any such assignment.

Binding Effect

These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

17. Data Residency and Export Controls

Data Residency

Your data is stored and processed according to the following policies:

• Primary data storage location: US-East region
• EU customers may request EU data residency (additional fees may apply)
• We do not transfer data to countries without adequate data protection laws
• All data transfers comply with applicable data protection regulations

Export Controls and Compliance

You acknowledge and agree that:

• The services are subject to U.S. export control laws and regulations
• You will comply with all applicable export and import laws
• You represent that you are not on any U.S. government denied-party or sanctions list
• You will not use the services in any embargoed country or in violation of any export laws
• You will not provide access to users in prohibited jurisdictions

Disaster Recovery and Backup

We maintain the following data protection measures:

• Daily automated backups of all customer data
• Recovery Time Objective (RTO): 24 hours
• Recovery Point Objective (RPO): 24 hours
• Geographic redundancy for critical data and systems

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the services after changes become effective constitutes acceptance of the updated Terms.

19. Contact Information

If you have questions about these Terms, please contact us through our Contact Us page.

Address: AdConsultant.Ai LLC, Minneapolis, MN

20. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AdConsultant.Ai LLC regarding the services.

Severability

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

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.