Terms of Service

Effective Date: Jan 31, 2025
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Welcome to AdWizardry! These Terms of Use ("Terms") govern your access to and use of the services offered by AdWizardry, Inc. ("we" or "us") via AdWizardry's websites and apps ("AdWizardry" or the "Service"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using AdWizardry, you agree to be bound by these Terms, our Privacy Policy, and our Cookies Policy and any other supplemental terms for the Service offerings that you access (collectively, the "Agreement").

1. OUR SERVICE
1.1 What We Do
Our mission is to help businesses and creators generate innovative, effective AI-powered advertising content. Our Service is designed to support ad creation, optimization, and performance analysis through advanced AI technologies. To access most features of the Service, you must register for an account and have a valid subscription.

1.2 Who Can Join
AdWizardry is not for everyone. You cannot use the Service if you are under 18 years old. You must have the legal capacity to enter into contracts and use the Service for legitimate business purposes.

1.3 Public Profiles
Based on what features you use, you may be required to create a public profile. We rely on you to provide accurate profile information.

1.4 AI Generation Features
You may access personalized ad generation guidance through our AI systems. Please note that AI-generated content is a tool to assist you and should be reviewed and validated by human judgment.

1.5 Service Updates
Our Service is evolving. We may update the Service with or without notifying you. You understand that we are not liable for any modification, update, suspension, or discontinuation of any part of the Service.1.6 AI FeaturesThe Service includes AI-powered features for ad generation and analysis. You acknowledge that AI-generated content may sometimes be inaccurate and should be carefully reviewed before use.

2. YOUR RESPONSIBILITIES
2.1 Account Management
You are responsible for everything you do under your account. Each account is personalized to you, so please don't share accounts or passwords.

2.2 Linked Accounts
You may be able to link your account with third-party applications or services. You are responsible for ensuring compliance with their terms and conditions.

2.3 Your License
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service during your subscription period.

2.4 Enterprise Programs
If you access the Service through an organization or enterprise agreement, additional terms may apply.

3. YOUR CONTENT
3.1 What You Provide
AdWizardry allows you to post content, including ad drafts, comments, and other materials. Anything that you post is referred to as "User Content."

3.2 License Grant
You grant us and our affiliates, successors, and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or later developed. You also grant each user of the Service a non-exclusive license to access your User Content through the Service as permitted through the functionality of the Service and under these Terms.

The rights you grant in this license are for the limited purpose of operating and improving the Service, promoting the Service, and allowing other users to use the Service in the manner permitted by these Terms. This license survives even if you stop using our Service.
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4. INTELLECTUAL PROPERTY
4.1 AdWizardry's Rights
Except with respect to your User Content, you agree that we own all rights, title, and interest in the Service. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

4.2 Trademarks
AdWizardry's wordmark and logo are trademarks and may not be used without our express written permission.

4.3 Content Moderation.
We are not responsible for User Content submitted by other members and we do not have any obligation to proactively review or pre-screen User Content, but we may remove any User Content for any reason (or no reason) at our sole discretion. If you see User Content in violation of any of our policies, including our Community Guidelines, please report it to us here.

5.4 IP Infringement. It is our policy to terminate access to the Service of any user who infringes copyright, trademark, or other intellectual property rights upon prompt notification to us by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please send: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf to our designated agent for notice of claims of infringement: hello@adwizardry.co

5. FEES AND PURCHASE TERMS
5.1 Defined Terms
(a) "Billing Period" is the interval of time between each recurring billing date and corresponds to the term of your subscription, which may be measured in days, weeks, or months.(b) "day" or "date" begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day.

5.2 Service Tiers and Other Offerings
When purchasing your subscription to the Service, you may be presented with different plans or options (each a "Service Tier"). Different Service Tiers or other offerings may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and availability.

5.3 Free Trials and Promotions
Your subscription to the Service may begin with a free trial or promotional pricing. Availability of a free trial or promotional pricing is not guaranteed.
(a) Free Trials. If your subscription begins with a free trial, your first payment will be charged to your chosen payment method immediately following the end of the free trial, unless canceled.
(b) Promotions. We may offer promotions subject to promotional terms disclosed during your sign-up.

5.4 Subscriptions Automatically Renew
Your subscription will automatically renew at the end of the disclosed billing period, unless canceled. Payment will be charged to your chosen payment method.

5.5 Price Changes
We reserve the right to change our prices at any time. If you do not wish to accept a price change, you may cancel your subscription.

5.6 Canceling Auto-Renewal of Your SubscriptionYou can cancel your subscription at any time before the end of the then-current billing period. Cancellation will take effect at the end of the then-current billing period. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.

5.7 Payment Methods
You must provide us with a valid payment method as a condition of signing up for the Service.

5.8 Subscriptions Obtained Through Third Parties
If you obtain a subscription via a third-party application store, that subscription is subject to the third party's terms.

5.9 Add-Ons
We may offer add-ons to subscriptions, subject to the terms disclosed during sign-up.

5.10 Taxes
Prices exclude taxes. You are responsible for any applicable sales taxes.

5.11 Refund Policy
All fees and charges are non-refundable except as expressly promoted by AdWizardry.

6. INDEMNIFICATION
You agree to indemnify and hold us harmless for any of the following: (a) Your use of the Service; (b) your User Content; (c) your violation of our policies; (d) your violation of any rights of another party, including any other members; and (e) your violation of any applicable law. You understand that the provisions in this section will survive any termination of your account, as well as any changes in our policies or Service.
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7. DISCLAIMERS
7.1 “As Is.” YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This section does not affect in any way our return policy for tangible goods purchased through the Services, which are subject to the terms of our Terms of Sale.(a) WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE PERMANENT, ACCURATE, OR RELIABLE.(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7.2 No Liability for Third Parties. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THE PROVIDERS OF THE SERVICE AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY REGARDING THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
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8. LIMITATION OF LIABILITY
8.1 Disclaimer of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
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8.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR MORE THAN THE LESSER OF:(a) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY;(b) $100; OR(c) THE MINIMUM STATUTORY DAMAGES REQUIRED BY LAW.THE FOREGOING LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8.3 Severability. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8.4 Exclusions. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8.5 Time Limitation on Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation shall apply to the fullest extent permitted by applicable law and shall survive termination of your account.

8.6 “Basis of the Bargain.” The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us.
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9. SAFETY AND ENFORCEMENT
We care about the safety and security of all our members. If we think it’s appropriate, we may disclose your identity, your User Content, or other data associated with you to third parties, like law enforcement; take legal action; or terminate your access to the Service. For more information on what data we may disclose and why, please see our Privacy Policy.
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10. TERMINATION
10.1 Termination by Us
We reserve the right to terminate your access to the Service for any reason.

10.2 Termination by You
You can terminate this Agreement by canceling any subscriptions, and closing and deleting your account. PLEASE NOTE THAT THE SERVICE WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YO
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10.3 Survival. The following provisions will survive any termination or expiration of this Agreement or your Subscription: 1.7, 3.2, 4, 5, and 7-14, and any other provisions intended to survive termination.
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11. DISPUTE RESOLUTION
11.1 Resolving Disputes.
If you have a problem with us that we can’t resolve, we and you agree that any dispute, claim, or disagreement arising out of or relating to the Services or your relationship with us, including claims that arose before the existence of this or any prior Agreement (including claims related to advertising) or claims that may arise after the termination of this Agreement, will be resolved by individual arbitration (“Arbitration Agreement”). The exception is that we and you each may bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court and are not removed or appealed to a court of general jurisdiction. All other disputes must be arbitrated on an individual basis, which means you and we are each waiving our right to sue in court and have a court or jury trial. To the extent there is a dispute as to whether claims qualify for small claims court, a court of competent jurisdiction will decide.

11.2 Informal Dispute Resolution. You also agree that you will try in good faith to resolve any dispute informally before filing an arbitration. To start the informal dispute process, you must send an individualized written notice (“Notice of Dispute”) to hello@adwizardry.co that includes (1) your name, phone number and email address for your account, and (2) a description of the dispute and how you’d like it resolved. If we have a dispute with you, we will send a Notice of Dispute with the same information to the email address we have on file for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate and try to resolve the claims. If either side requests a settlement conference during this period, then you and we must cooperate to schedule that meeting by phone or videoconference. You and we each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims asserted in the Notice of Dispute, any statute of limitations will be tolled from the date the Notice of Dispute is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Dispute Resolution Period”). An arbitration cannot be filed until the Informal Dispute Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this section. Nothing in this section precludes you or us from seeking relief for non-compliance with this Informal Dispute Resolution process in arbitration.

11.3 What Arbitration Is. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same individualized damages and relief that a court can award. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these Terms and the termination of your Sleep Reset account.

11.4 How Arbitration Works. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures then in effect for NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAM. You may serve us with any arbitration demand by email to: hello@adwizardry.co. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any NAM filing, administrative, and arbitrator fees in accordance with NAM Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

11.5 Additional Procedures for Mass Filings. The following provisions set forth additional procedures that apply to mass filings. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated, consistent with the definition and criteria of Mass Filings set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims. The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.Stage One. Counsel for the claimants and counsel for us shall each select 25 claims per side to be filed and to proceed in individual arbitrations as part of a staged process. Each case shall be assigned to a different arbitrator unless the parties agree otherwise. If there are fewer than 50 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees, other than applicable fees related to a procedural arbitrator, be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. No more than two (2) cases may be assigned to a single arbitrator unless the parties agree otherwise. If there are fewer than 100 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), each remaining dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations. The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Filings apply to your dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

12. CLASS ACTION WAIVER
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by law, you and we waive any right to a jury trial.
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13. THIRD PARTIES
13.1 Third-Party Payment Service Provider14.1 Third-Party Payment Service Provider. We use a few different third-party service providers to process payment for the Service (e.g., card acceptance, merchant settlement, and related Service) (“Third-Party Payment Service Providers”). By using the Service, you authorize us to share the information and payment instructions you provide with our Third-Party Payment Service Providers to the extent necessary to complete your transactions.

14. DATA SECURITY
14.1 Data Security Measures
While we implement reasonable security measures, you acknowledge that no method of electronic storage is 100% secure. By using our Services, you accept the inherent risks associated with providing information online.

14.2 Breach Notification. In the event of a data breach affecting your personal information, we  will notify you in accordance with applicable laws. You agree that our liability for any data breach shall be limited to the extent permitted by law and shall not exceed the amounts specified in Section 20.

14.3 Third-Party Actions. AdWizardry shall not be liable for any unauthorized access, data breach, or security incident caused by third-party actions, including but not limited to hacking, malware, or other malicious activities beyond our reasonable control.

14.4 User Responsibilities. You are responsible for maintaining the security of your account credentials and immediately notifying us of any unauthorized access to your account or other security concerns.

14.5 Data Security. We implement reasonable security measures to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your information, we cannot guarantee its absolute security. You acknowledge and agree that you provide your personal information at your own risk.

14.6 Breach Response. In the event of a data security incident, we will provide notification as required by applicable law. Our liability for any security incident shall be strictly limited by these Terms, except where such limitation is expressly prohibited by applicable law.

15. GOVERNING LAW AND FORUM CHOICE
15.1 These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions.

15.2 Except as otherwise expressly set forth in Section 23, the exclusive jurisdiction for all Disputes (defined below) that you and AdWizardry are not required to arbitrate will be the state and federal courts located in the Northern District of California. You and AdWizardry each waive any objection to jurisdiction and venue in such courts.
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16. GENERAL TERMS
16.1 Entire Agreement. These Terms constitute the entire agreement between AdWizardry and the user, superseding prior agreements. If any provision is found invalid, remaining provisions remain enforceable. Users may not transfer these Terms without consent; AdWizardry may transfer them freely.

16.2 Notices. AdWizardry will provide notices via email or by posting to the Services. Notices via email are deemed received when transmitted.

16.3 Waiver of Rights. Failure to enforce any provision does not constitute a waiver. Waivers are effective only in writing by authorized representatives. Exercise of remedies does not prejudice other available remedies.
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17. Advertising Content Disclaimer
THE SERVICES PROVIDE TOOLS FOR CREATING ADVERTISING CONTENT. ADWIZARDRY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EFFECTIVENESS, APPROPRIATENESS, OR PERFORMANCE OF ANY ADVERTISEMENTS CREATED USING THE SERVICES. WE ARE NOT RESPONSIBLE FOR:a. The performance or effectiveness of any advertisements created using our Servicesb. Any language, imagery, or content choices made by users in their advertisementsc. The accuracy of any advertising claims made by usersd. Any intellectual property infringement or violations arising from user-created contente. The appropriateness or compliance of advertisements with platform-specific requirementsf. Any business losses or damages resulting from advertisements created using our Services5. Intellectual Property and Content OwnershipAll advertisements and creative content generated through the Services are the intellectual property of their respective creators. By using the Services, you represent and warrant that you have all necessary rights to any content you input into the Services. AdWizardry makes no claim to ownership of the final advertisements created through the Services, but retains all rights to the underlying technology and tools used to create such advertisements.

Additional Provisions for Advertising Services:
a. Content GuidelinesUsers are solely responsible for ensuring their advertisements comply with all applicable laws, regulations, and platform-specific requirements. This includes but is not limited to:- Truth in advertising regulations- Platform-specific content policies- Industry-specific advertising regulations- Intellectual property rights- Consumer protection laws
b. No Quality Guarantee
THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AS TO THE QUALITY, EFFECTIVENESS, OR APPROPRIATENESS OF ANY ADVERTISEMENTS CREATED. ADWIZARDRY EXPRESSLY DISCLAIMS ANY LIABILITY FOR:- Poor performance of advertisements- Inappropriate or ineffective ad copy- Rejection of advertisements by advertising platforms- Any business losses resulting from advertisement use- User misuse of advertising tools or features
c. Prohibited Content
Users are prohibited from creating advertisements that:- Promote illegal products or services- Contain hate speech or discriminatory content- Include adult content or pornographic material- Promote violence or dangerous activities- Make false or unsubstantiated claims- Infringe on third-party intellectual property rights- Violate platform-specific advertising policies- Contain malware, viruses, or malicious code- Promote scams or fraudulent activities- Impersonate other brands or entities
d. Data and Analytics
ANY PERFORMANCE DATA, ANALYTICS, OR METRICS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ACCURACY OR COMPLETENESS. Users acknowledge that:- Historical performance data does not guarantee future results- Analytics may be delayed or incomplete- Metrics may vary across different platforms and measurement systems- AdWizardry is not responsible for discrepancies in reporting
e. Third-Party Advertising Platforms
AdWizardry is not responsible for:- Changes in third-party platform policies or requirements- Rejection of advertisements by advertising platforms- Platform-specific costs or billing- Technical integration issues with third-party platforms- Performance variations across different platforms- Account suspensions or restrictions on third-party platforms
f. AI-Generated Content
For advertisements created using AI-assisted features:- Users retain responsibility for reviewing and approving all AI-generated content- AdWizardry makes no guarantees about the uniqueness or originality of AI-generated content- Users must ensure AI-generated content complies with all applicable laws and platform policies- AdWizardry is not liable for any unintended biases, errors, or inappropriate content generated by AI systems
g. Creative Assets and Resources- Stock images, templates, and other creative assets provided through the Services may be subject to third-party licenses- Users are responsible for ensuring their usage complies with all applicable license terms- AdWizardry does not guarantee the availability of specific creative assets- Users must obtain necessary rights for any custom assets uploaded to the Services
h. Campaign Management
AdWizardry is not liable for:- Budget overruns or unexpected advertising costs- Targeting errors or inappropriate audience selection- Scheduling issues or campaign timing problems- Creative optimization decisions- A/B testing results or conclusions- Campaign performance or ROI
i. Industry ComplianceUsers are solely responsible for ensuring their advertisements comply with industry-specific regulations, including but not limited to:- Financial services advertising regulations- Healthcare and pharmaceutical advertising rules- Political advertising requirements- Alcohol and tobacco advertising restrictions- Children's advertising guidelines- Environmental claims and "green" advertising standards
j. Competitor Content
Users agree not to:- Use the Services to copy or replicate competitor advertisements- Infringe on competitor trademarks or trade dress- Make false comparative advertising claims- Engage in deceptive competitive practices
k. Content Moderation
AdWizardry reserves the right to:- Review and reject any advertisements created through the Services- Modify or terminate campaigns that violate these Terms- Report illegal or fraudulent activity to appropriate authorities- Suspend or terminate accounts engaging in prohibited activities- Implement automated content filtering systems
l. Intellectual Property IndemnificationUsers agree to indemnify and hold AdWizardry harmless from any claims arising from:- Copyright infringement in user-created advertisements- Trademark violations- Patent infringement related to advertising content or methods- Right of publicity or privacy violations- Any other intellectual property claims related to user-created content
m. Service Level Agreement- AdWizardry does not guarantee specific uptime or availability levels- The Services may be unavailable during maintenance windows- Performance may vary based on user volume and system load- Feature availability may change without notice- Technical support response times are not guaranteed
n. Export Compliance
Users are responsible for ensuring their advertising content complies with:- Export control regulations- International trade restrictions- Country-specific advertising requirements- Cross-border data transfer rules
o. Emergency UpdatesAdWizardry reserves the right to make immediate changes to advertisements or campaigns in response to:- Emergency situations- Legal requirements- Platform policy changes- Security threats- Technical issues

RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
ADWIZARDRY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH THE APP. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
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18. CONTACT INFORMATION
For questions, contact AdWizardry at hello@adwizardry.co.
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