Terms of Service

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

Apricode AI is an AI-powered marketing technology platform designed to help businesses manage, optimize, and scale their digital advertising operations. The Service provides the following core capabilities:

• Campaign Management: Unified creation, management, and optimization of advertising campaigns across multiple channels and platforms.
• AI-Powered Creative Generation: Automated generation of ad creatives, copy, images, and video content using artificial intelligence models.
• Analytics & Attribution: Advanced analytics dashboards, multi-touch attribution modeling, marketing mix modeling (MMM), and conversational business intelligence.
• Budget Optimization: AI-driven budget allocation and optimization across campaigns and channels to maximize return on ad spend (ROAS).
• Multi-Channel Advertising: Integration with major advertising platforms including, but not limited to, Google Ads, Meta (Facebook/Instagram), TikTok Ads, LinkedIn Ads, Pinterest Ads, DV360, X (Twitter) Ads, Snapchat Ads, Amazon Ads, Apple Search Ads, and programmatic platforms.
• AI Agents & Automation: Autonomous and semi-autonomous AI agents that execute marketing tasks according to customer-defined policies and guardrails.
• Fraud Detection: Machine-learning-based click fraud and ad fraud detection capabilities.

The Service is available through subscription plans: Starter, Growth, Enterprise, and Custom. Features, usage limits, and support levels vary by plan. Details of current plans and pricing are available at our Pricing page.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to affected customers. We will provide at least 30 days' notice for material changes that negatively affect your use of the Service.

To access the Service, you must register for an account by providing accurate, current, and complete information as prompted by the registration form. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) create a strong, unique password; (b) not share your login credentials with unauthorized parties; (c) immediately notify us of any unauthorized access to or use of your account; and (d) ensure that you sign out of your account at the end of each session when accessing the Service from shared devices.

3.2 Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication (MFA) on your account. For Enterprise plan customers, MFA may be required as part of your organization's security policy. Apricode AI shall not be liable for any loss or damage arising from your failure to comply with account security obligations.

3.3 One Account Per Person

Each individual user must maintain only one account. Multiple accounts created by the same individual may be suspended or terminated. Organizations may create multiple user accounts under a single organizational workspace as permitted by their subscription plan.

4.1 Pricing Plans & Payment

Access to the Service requires a paid subscription. Subscription plans and their corresponding fees are described on our Pricing page. All fees are quoted in U.S. Dollars (USD) unless otherwise specified. We may offer local currency billing for customers in select regions, with exchange rates determined at the time of billing.

Payment is due in advance on a monthly or annual basis, depending on the billing cycle you select. You authorize us to charge your designated payment method for all applicable fees.

4.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless you cancel before the renewal date. We will notify you of any price changes at least 30 days before they take effect.

4.3 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation: (a) you will retain access to the Service until the end of your current billing period; (b) no further charges will be applied; and (c) your account will be downgraded to a read-only state at the end of the billing period.

4.4 Refund Policy

Monthly subscriptions are non-refundable. For annual subscriptions, you may request a pro-rata refund within 14 calendar days of your initial purchase or annual renewal date. The full Refund and Cancellation Policy applies. Refund requests must be submitted to legal@apricodeai.com. Refunds will be processed within 10 business days to the original payment method.

4.5 Payment Processors

All payments are processed by Paddle.com Market Limited (or a Paddle affiliate), acting as Merchant of Record. Checkout, invoicing, and applicable sales tax or VAT are handled by Paddle under its buyer terms. Apricode AI does not store your full payment card details on our servers.

4.6 Taxes & Fees

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities in connection with your use of the Service. We will collect applicable sales tax or VAT where legally required.

You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws and regulations, and the terms of any third-party platforms you connect through the Service.

5.1 Prohibited Activities

You shall not, and shall not permit others to:

• Use the Service to send spam, unsolicited messages, or engage in any form of deceptive or fraudulent advertising practices.
• Engage in click fraud, impression fraud, conversion fraud, or any form of advertising fraud.
• Scrape, crawl, or use automated means to extract data from the Service beyond the scope of authorized API usage.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any underlying algorithms or models.
• Circumvent, disable, or interfere with security-related features of the Service or any usage limits imposed by your subscription plan.
• Use the Service to develop or train competing AI models or marketing platforms.
• Resell, sublicense, or redistribute the Service without prior written consent from Apricode AI.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

5.2 Platform Integration Compliance

When using the Service to manage campaigns on third-party advertising platforms (including Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, and others), you are solely responsible for compliance with each platform's advertising policies, terms of service, and community guidelines. Apricode AI does not guarantee that content created or published through the Service will comply with third-party platform policies.

5.3 Rate Limits & Fair Usage

Each subscription plan includes specific usage limits for API calls, AI actions, creative generations, and other metered features. If you consistently exceed your plan limits, we may: (a) throttle your access; (b) require you to upgrade to a higher-tier plan; or (c) charge overage fees as specified in your subscription agreement. Abuse of rate limits may result in temporary or permanent account suspension.

5.4 Content Restrictions

You shall not use the Service to create, distribute, or promote content that is: (a) illegal or promotes illegal activity; (b) harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy; (c) discriminatory based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics; (d) sexually explicit or exploitative; (e) intentionally misleading or constitutes disinformation; or (f) infringing on any third party's intellectual property rights.

6.1 Apricode AI Ownership

Apricode AI and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, AI models, user interfaces, designs, documentation, trademarks, trade names, logos, and all other intellectual property rights therein. These Terms do not grant you any right, title, or interest in the Service except for the limited license expressly set forth herein.

6.2 Customer Data Ownership

You retain all ownership rights in and to your data, including campaign data, advertising assets, account configurations, audience data, and any content you upload to or create within the Service ("Customer Data"). You grant Apricode AI a limited, non-exclusive, worldwide license to use, process, and store your Customer Data solely for the purpose of providing and improving the Service.

6.3 AI-Generated Content

Content generated by AI features of the Service (including ad copy, images, video assets, and other creative outputs) is provided for your use. You retain full usage rights to AI-generated content created through your account, including the right to use, modify, publish, and distribute such content for your business purposes. Apricode AI does not claim ownership over AI-generated content created for you. However, similar or identical content may be generated for other customers due to the nature of AI models.

6.4 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, Apricode AI grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes. This license does not include the right to: (a) modify or create derivative works of the Service; (b) sublicense or transfer the Service to third parties; or (c) use the Service for benchmarking or competitive analysis purposes.

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Processing Agreement

For Enterprise plan customers, a Data Processing Agreement (DPA) is available upon request to formalize our obligations regarding the processing of personal data on your behalf, in accordance with applicable data protection laws including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable regulations.

7.2 Data Roles

With respect to personal data processed through the Service: (a) you are the data controller (or "business" under CCPA) who determines the purposes and means of processing; and (b) Apricode AI acts as the data processor (or "service provider" under CCPA), processing personal data solely on your behalf and in accordance with your instructions.

7.3 Multi-Tenant Data Isolation

Apricode AI operates a multi-tenant architecture with strict data isolation between customers. We implement row-level security (RLS), logical data separation, encryption at rest and in transit, and access controls to ensure that your data is never accessible to other customers. Each customer workspace operates within isolated security boundaries.

8.1 Nature of AI Features

The Service includes artificial intelligence and machine learning features for creative generation, analytics, optimization, and automation. These AI features are provided "as-is" as tools to assist your marketing efforts. AI-generated outputs are suggestions and should not be treated as professional advice or guaranteed results.

8.2 No Performance Guarantees

Apricode AI does not guarantee specific advertising performance, return on ad spend (ROAS), conversion rates, or any other marketing metrics. AI predictions, recommendations, and optimizations are based on available data and statistical models, which inherently involve uncertainty. Actual results may vary significantly from AI projections.

8.3 Customer Responsibility

You are solely responsible for reviewing, approving, and publishing any AI-generated content before it is distributed or used in live advertising campaigns. You must ensure that all AI-generated content complies with applicable laws, advertising regulations, and third-party platform policies before publication.

8.4 AI Model Changes

The AI models underlying the Service may be updated, replaced, or modified from time to time to improve capabilities, accuracy, or efficiency. This includes changes to third-party AI model providers (such as Anthropic, OpenAI, or Google). While we strive to maintain or improve quality, we cannot guarantee that AI outputs will remain identical across model versions.

9.1 Third-Party Platform Terms

The Service integrates with third-party advertising platforms and services. Your use of these third-party platforms through the Service remains subject to those platforms' respective terms of service, privacy policies, and advertising policies. It is your responsibility to review and comply with all applicable third-party terms.

9.2 Third-Party Platform Changes

Apricode AI is not responsible for any changes, outages, API deprecations, policy changes, or service interruptions by third-party advertising platforms. While we make commercially reasonable efforts to maintain integrations, we cannot guarantee uninterrupted connectivity with third-party platforms. We will notify you promptly of any known integration disruptions.

9.3 OAuth & Credential Security

When you connect third-party platform accounts through the Service, authentication tokens and credentials are stored using AES-256-GCM encryption with unique per-tenant encryption keys. We implement industry-standard security measures to protect your integration credentials. You may revoke access to any connected platform at any time through your account settings.

10.1 Uptime Target

Apricode AI targets 99.9% uptime for the Service, measured on a monthly basis. This uptime target excludes: (a) scheduled maintenance windows; (b) force majeure events; (c) third-party platform outages beyond our control; and (d) issues resulting from your equipment, network connections, or misuse of the Service.

10.2 Scheduled Maintenance

We will provide at least 48 hours' advance notice for scheduled maintenance that may affect Service availability. Maintenance windows will be scheduled during off-peak hours whenever possible. Emergency maintenance required to address critical security vulnerabilities or system stability issues may be performed without advance notice.

10.3 Service Credits

Enterprise plan customers are eligible for service credits in the event of extended outages that result in Service availability falling below the 99.9% monthly target. Service credits are calculated as a percentage of the monthly subscription fee: (a) 10% credit for availability between 99.0% and 99.9%; (b) 25% credit for availability between 95.0% and 99.0%; (c) 50% credit for availability below 95.0%. Service credits must be requested within 30 days of the incident and are applied to future billing periods. Service credits are your sole and exclusive remedy for downtime.

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APRICODE AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO APRICODE AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APRICODE AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (B) LOSS OF DATA OR GOODWILL; (C) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (D) ANY DAMAGES ARISING FROM INTERRUPTION OF BUSINESS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF APRICODE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Third-Party Platform Actions

Apricode AI shall not be liable for any losses, damages, or expenses arising from: (a) actions taken by third-party advertising platforms, including account suspensions, policy enforcement, or ad disapprovals; (b) changes to third-party platform APIs, terms, or policies; or (c) inaccuracies in data provided by third-party platforms.

You agree to indemnify, defend, and hold harmless Apricode AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right (including advertising platform policies); (d) any content or data you submit to or through the Service; (e) your advertising campaigns and their content; or (f) any dispute between you and a third party arising from your use of the Service.

Apricode AI will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation at your expense. You shall not settle any claim without Apricode AI's prior written consent if the settlement would impose any obligation on Apricode AI or admit any liability on its behalf.

13.1 Termination by Customer

You may terminate your account and these Terms at any time by providing 30 days' written notice or by canceling your subscription through your account settings. Termination does not relieve you of any obligations to pay fees that have accrued prior to the effective termination date.

13.2 Termination by Apricode AI

Apricode AI may terminate or suspend your account: (a) with 30 days' written notice for convenience; (b) immediately upon written notice if you materially breach these Terms and fail to cure such breach within 15 days of receiving notice; (c) immediately if you engage in fraudulent, illegal, or abusive activity; or (d) immediately if required by law or if your continued use poses a security risk to the Service or other customers.

13.3 Data Export & Retention

Upon termination, you will have 30 calendar days to export your Customer Data from the Service. We provide data export tools within your account settings. After the 30-day export period, we will delete your Customer Data from our active systems in accordance with our data retention policies. Certain data may be retained in encrypted backups for up to 90 additional days before permanent deletion, and anonymized or aggregated data may be retained indefinitely.

13.4 Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

14.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

14.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in the English language, with the seat of arbitration in Wilmington, Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND APRICODE AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

14.4 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. For material changes that adversely affect your rights or obligations, we will provide at least 30 days' advance notice via: (a) email to the address associated with your account; (b) a prominent notice within the Service; or (c) a banner on our website.

Non-material changes (such as typographical corrections, formatting updates, or clarifications that do not alter the substance of the Terms) may be made without advance notice. The "Last updated" date at the top of this page indicates when the Terms were last revised.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account before the changes take effect.

16.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

16.2 Waiver

The failure of Apricode AI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Apricode AI.

16.3 Entire Agreement

These Terms, together with the Privacy Policy, any applicable Data Processing Agreement, and any Order Forms or Statements of Work executed between the parties, constitute the entire agreement between you and Apricode AI with respect to the Service and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

16.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Apricode AI. Apricode AI may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section shall be void.

16.5 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service provider outages.

16.6 Notices

All notices under these Terms shall be in writing and deemed given when: (a) delivered by hand; (b) sent by confirmed email; or (c) sent by nationally recognized overnight courier to the addresses specified herein. Notices to Apricode AI shall be sent to legal@apricodeai.com or to our registered address. Notices to you shall be sent to the email address associated with your account.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact our legal team:

We aim to respond to all inquiries within five (5) business days.