Terms of Service
Last Updated: January 15, 2025
Agreement to Terms:
By accessing or using TruAds, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this service.
1. Parties and Definitions
1.1 Service Provider
- Company Name: TruAds Inc.
- Address: 123 Innovation Drive, Miami, FL 33131
- Phone: +1 (305) 555-0123
- Email: support@truads.ai
- Website: https://truads.ai
1.2 Definitions
- "Service" refers to the TruAds AI-powered ad creative automation platform
- "User," "you," or "your" refers to the individual or entity using the Service
- "Content" refers to images, videos, text, and other materials uploaded or generated through the Service
- "Account" refers to your registered user account on the platform
- "Subscription" refers to your paid plan for accessing premium features
2. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you and TruAds Inc. By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Eligibility
3.1 Age Requirement: You must be at least 18 years old to use this Service. By using TruAds, you represent and warrant that you are at least 18 years of age.
3.2 Business Use: Our Service is intended for business and commercial use. You represent that you are using the Service for legitimate business purposes.
3.3 Compliance: You must comply with all applicable federal, state, and local laws, including Florida state laws, when using our Service.
4. Account Registration and Security
4.1 Account Creation
To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 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 immediately notify us of any unauthorized use of your account or any other breach of security.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate. You may close your account at any time by contacting support.
5. Service Description and Features
TruAds provides an AI-powered platform for creating and optimizing advertising creatives. Our Service includes:
- AI-generated ad creative variations from your product images
- Automated A/B testing and performance optimization
- Integration with major advertising platforms (Meta, Google, etc.)
- Analytics and reporting dashboards
- Campaign management tools
- Creative asset library and storage
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with or without notice.
6. Subscription Plans and Pricing
6.1 Free Trial
We may offer a free trial period for new users. The trial period and features available during the trial are subject to change. At the end of the trial, you will be charged for the selected subscription plan unless you cancel before the trial ends.
6.2 Subscription Plans
We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website. All prices are in U.S. dollars and exclude applicable taxes unless otherwise stated.
6.3 Billing and Payment
- Subscriptions are billed in advance on a monthly or annual basis
- Payment is due immediately upon subscription or renewal
- We accept major credit cards and other payment methods as indicated
- You authorize us to charge your payment method for all fees incurred
- All payments are non-refundable except as required by law or as stated in Section 8
6.4 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan.
6.5 Price Changes
We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Service after the price change constitutes acceptance of the new pricing.
6.6 Taxes
You are responsible for all applicable taxes, including Florida sales tax and any other state or local taxes. We will collect and remit taxes as required by law.
7. Cancellation and Downgrade
7.1 Cancellation by User
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the billing period.
7.2 Downgrade
If you downgrade your subscription, the change will take effect at the end of your current billing period. You may lose access to certain features and data associated with your previous plan.
7.3 No Refunds
Except as required by law or as stated in Section 8, all subscription fees are non-refundable. We do not provide refunds or credits for partial months or years of service.
8. Refund Policy (Florida Consumer Rights)
In compliance with Florida consumer protection laws:
- Service Issues: If you experience technical issues that prevent you from using the Service and we cannot resolve them within 7 business days, you may be eligible for a prorated refund
- Billing Errors: If you are charged incorrectly, we will refund the incorrect amount within 10 business days of notification
- Unauthorized Charges: If you report unauthorized charges within 60 days, we will investigate and refund if appropriate
- Refund Requests: To request a refund, contact support@truads.ai with your account details and reason for the request
9. User Content and Intellectual Property
9.1 Your Content
You retain all ownership rights to the content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing the Service to you.
9.2 Generated Content
You own the ad creatives generated by our AI using your User Content. We do not claim ownership of generated content. However, you acknowledge that similar content may be generated for other users using similar inputs.
9.3 Content Restrictions
You agree not to upload or use content that:
- Infringes on intellectual property rights of others
- Contains illegal, harmful, or offensive material
- Violates any applicable laws or regulations
- Contains malware, viruses, or malicious code
- Promotes violence, discrimination, or hate speech
- Violates advertising platform policies (Meta, Google, etc.)
9.4 Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without notice and at our sole discretion.
9.5 Our Intellectual Property
The Service, including its software, algorithms, design, trademarks, and all related intellectual property, is owned by TruAds Inc. and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.
10. Data Retention and Deletion
10.1 Active Accounts: While your account is active, we retain your User Content and generated creatives as long as you choose to keep them in your account.
10.2 Automatic Deletion: Uploaded images and videos used for generation are automatically deleted from our servers within 30 days after processing, unless you save them to your library.
10.3 Account Closure: If you close your account, we will delete your User Content and generated creatives within 90 days, except where retention is required by law or for legitimate business purposes (e.g., billing records, legal compliance).
10.4 Backup Copies: Backup copies of deleted content may persist in our systems for up to 90 days but will not be accessible or used.
11. Prohibited Uses
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) to access the Service without permission
- Resell, redistribute, or sublicense the Service
- Remove or alter any copyright, trademark, or proprietary notices
- Use the Service to create content that violates advertising platform policies
- Engage in any activity that could harm TruAds or its users
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest personal information of other users
12. Third-Party Integrations
Our Service integrates with third-party platforms (Meta Ads, Google Ads, etc.). Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the actions, content, or policies of third-party services. You are responsible for complying with all third-party terms when using integrations.
13. Disclaimers and Limitations of Liability
13.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13.2 AI-Generated Content
We do not guarantee the quality, accuracy, or effectiveness of AI-generated content. You are responsible for reviewing and approving all content before use in advertising campaigns.
13.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, TRUADS INC. SHALL NOT BE 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 USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; (D) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE; (E) ANY ERRORS OR OMISSIONS IN CONTENT; OR (F) ANY USER CONTENT OR THIRD-PARTY CONTENT.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
14. Indemnification
You agree to indemnify, defend, and hold harmless TruAds Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
15. Dispute Resolution and Governing Law
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
15.2 Jurisdiction and Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.
15.3 Informal Resolution
Before filing a claim, you agree to contact us at legal@truads.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.
15.4 Arbitration (Optional)
If we cannot resolve a dispute informally, either party may elect to resolve the dispute through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall take place in Miami, Florida. You may opt out of arbitration by notifying us in writing within 30 days of account creation.
15.5 Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.
17. Termination
17.1 Termination by You: You may terminate your account at any time by contacting support or through your account settings.
17.2 Termination by Us: We may suspend or terminate your account immediately, without prior notice, for any violation of these Terms, fraudulent activity, non-payment, or any other reason we deem appropriate.
17.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. We will delete your User Content in accordance with Section 10. Provisions that by their nature should survive termination (including Sections 9, 13, 14, and 15) will survive.
18. General Provisions
18.1 Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TruAds Inc. regarding the Service.
18.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18.3 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
18.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
18.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
18.6 Notices: All notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@truads.ai.
19. Contact Information
If you have questions about these Terms of Service, please contact us:
Email: legal@truads.ai
Support: support@truads.ai
Address: TruAds Inc., 123 Innovation Drive, Miami, FL 33131
Phone: +1 (305) 555-0123
20. Florida-Specific Consumer Rights
Florida consumers have specific rights under Florida law:
- Right to cancel within 3 business days for certain services (Florida Statute § 501.025)
- Protection against deceptive and unfair trade practices (Florida Deceptive and Unfair Trade Practices Act)
- Right to notification of data breaches within 30 days (Florida Information Protection Act)
- Right to file complaints with the Florida Attorney General's Office
For consumer protection inquiries, contact the Florida Attorney General's Office at 1-866-9-NO-SCAM or visit myfloridalegal.com.
