Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Marketing Toolbox AI platform, website (marketingtoolbox.ai), and all related services (collectively, the "Service") operated by Marketing Toolbox AI ("Marketing Toolbox AI", "we", "our", "us"). The Service includes Ad Engine, Creative Studio, Insight AI, and any other features, tools, or integrations we provide.

By creating an account, connecting a third-party platform, or otherwise using the Service, you agree to be bound by these Terms. 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.

1. Eligibility

• You must be at least 16 years old to use the Service.
• You must have the legal capacity to enter into a binding agreement.
• If you are using the Service on behalf of a company, agency, or other entity, you represent that you are authorized to accept these Terms on its behalf.
• The Service is designed for business and professional use. It is not intended for personal, non-commercial use.

2. Account Registration & Security

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify us immediately at security@marketingtoolbox.ai if you suspect unauthorized access to your account.
• One person or legal entity may not maintain more than one account.
• We reserve the right to suspend or terminate accounts that contain false or misleading registration information.

3. Description of the Service

Marketing Toolbox AI is an AI-powered marketing platform that provides:

• Ad Engine: Automated campaign creation, budget optimization, audience targeting, bid management, and cross-platform ad management for Meta Ads, Google Ads, and TikTok Ads.
• Creative Studio: AI-powered generation of ad creatives, product images, UGC (user-generated content), videos, email copy, and other marketing assets.
• Insight AI: Conversational AI analytics that answers questions about your marketing performance, provides recommendations, and generates reports from your connected data sources.
• Integrations: Connections to third-party platforms including Shopify, WooCommerce, BigCommerce, Meta Ads, Google Ads, TikTok Ads, and other services as available.

Features, integrations, and capabilities may change over time as we improve the Service. We will provide reasonable notice of material changes that affect your use.

4. Plans & Pricing

4.1 Subscription Plans

The Service is offered under the following plans:

• Growth ($99/month): Unlimited ad account connections, 200 AI-generated creatives per month, full Insight AI analytics, Ad Engine automation, up to 5 team members, priority support, and all integrations. Includes a 14-day free trial.
• Enterprise (custom pricing): Everything in Growth plus unlimited creatives, multi-org workspaces, unlimited team members, dedicated account manager, custom onboarding, SLA, and custom integrations.

Current pricing and feature details are available at marketingtoolbox.ai/pricing. Plan features and pricing are subject to change with 30 days' notice.

4.2 Billing & Payment

• Paid plans are billed in advance on a monthly or annual cycle, starting on the date you subscribe.
• Annual billing is available at a 20% discount compared to monthly billing.
• We accept all major credit and debit cards. Enterprise customers may pay via invoice with NET 30 terms.
• All prices are in US Dollars (USD) unless otherwise stated.
• You are responsible for any applicable taxes, duties, or levies in your jurisdiction.

4.3 Upgrades & Downgrades

• You may upgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your billing cycle.
• You may downgrade your plan at any time. Downgrades take effect at the end of your current billing cycle. Your data is preserved, but features exceeding your new plan's limits will become inaccessible.
• If you downgrade from Enterprise to Growth and exceed the Growth plan's limits, you will need to adjust your usage before the downgrade takes effect.

4.4 Refunds

• Monthly plans: No refunds for partial months. You retain access until the end of your billing cycle.
• Annual plans: You may request a full refund within 14 days of your initial purchase or annual renewal. After 14 days, no refunds are issued, but you retain access for the remainder of your annual term.
• Refund requests should be sent to billing@marketingtoolbox.ai.

5. Acceptable Use

You agree to use the Service only for lawful business purposes. You may not:

5.1 Prohibited Content

• Generate or distribute ads, creatives, or content that is false, misleading, deceptive, or fraudulent
• Create content that infringes on third-party intellectual property rights (trademarks, copyrights, patents)
• Generate content that is defamatory, obscene, harassing, threatening, or promotes violence or discrimination
• Use Creative Studio to generate deepfakes, non-consensual intimate imagery, or content that impersonates real individuals without authorization
• Create ads for prohibited products or services as defined by the advertising platforms you are connected to (Meta, Google, TikTok)

5.2 Prohibited Activities

• Attempt to reverse-engineer, decompile, disassemble, or extract source code from the Service or its AI models
• Use the Service to build a competing product or service
• Use automated means (bots, scrapers, crawlers) to access the Service beyond the provided APIs and interface
• Interfere with, disrupt, or place an unreasonable load on the Service's infrastructure
• Circumvent usage limits, rate limits, or access controls
• Share, resell, sublicense, or redistribute access to the Service without written authorization
• Use the Service to violate any applicable law, regulation, or advertising platform policy
• Attempt to access other users' accounts, data, or workspaces without authorization

5.3 Advertising Platform Compliance

When using Ad Engine to manage campaigns on Meta, Google, TikTok, or other platforms, you are responsible for ensuring your ads comply with each platform's advertising policies, community standards, and terms of service. Marketing Toolbox AI does not guarantee that AI-generated campaigns or creatives will be approved by any advertising platform.

6. Your Content & Data

6.1 Ownership

You retain all ownership rights to content you upload to the Service, including brand assets, product images, ad creatives, and marketing copy ("Your Content"). Nothing in these Terms transfers ownership of Your Content to us.

6.2 License to Us

By uploading content to the Service, you grant Marketing Toolbox AI a limited, non-exclusive, worldwide license to process, store, display, and transmit Your Content solely as necessary to provide and improve the Service. This license terminates when you delete Your Content or close your account.

6.3 Connected Platform Data

Data synced from your connected advertising and ecommerce platforms is governed by those platforms' respective terms of service. You represent that you have the necessary rights and permissions to connect those accounts and allow Marketing Toolbox AI to access and process that data on your behalf.

6.4 Data Portability

You may export your data at any time using the export tools available in your account settings. We support standard formats (CSV, JSON) for campaign data, analytics reports, and creative assets.

7. AI-Generated Content

7.1 Ownership of AI Outputs

Subject to your compliance with these Terms, you own the AI-generated content created through your use of Creative Studio and Insight AI, including ad creatives, images, videos, UGC assets, copy, and reports ("AI Outputs"). You may use AI Outputs for any lawful commercial purpose.

7.2 No Guarantees

7.3 Ad Engine Automation

When Ad Engine creates or modifies campaigns on your behalf, it acts based on the goals, budgets, and guardrails you configure. While the AI optimizes for your stated objectives, you remain responsible for:

• Setting appropriate budget limits and spend caps
• Reviewing campaign structures and targeting before launch (or enabling auto-launch at your own discretion)
• Monitoring campaign performance and pausing campaigns if needed
• Ensuring compliance with advertising platform policies

8. Intellectual Property

8.1 Our IP

The Service - including its design, user interface, features, AI models, algorithms, code, documentation, branding, logos, and all related intellectual property - is owned by Marketing Toolbox AI and protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Service, without obligation to you.

8.3 Trademarks

"Marketing Toolbox AI", "Ad Engine", "Creative Studio", "Insight AI", and our logos are trademarks of Marketing Toolbox AI You may not use our trademarks without prior written permission, except to accurately refer to the Service.

9. Third-Party Integrations

The Service integrates with third-party platforms including Meta (Facebook/Instagram), Google, TikTok, Shopify, WooCommerce, and BigCommerce. Your use of these integrations is subject to the respective third party's terms of service and privacy policy. We are not responsible for:

• The availability, accuracy, or reliability of third-party platforms
• Changes to third-party APIs that may affect Service functionality
• Actions taken by third-party platforms on your accounts (e.g., ad disapprovals, account suspensions)
• Data loss or corruption caused by third-party platform outages or errors

10. Service Availability & Support

10.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance will be communicated in advance when possible. Enterprise customers with SLA agreements are governed by the terms of their specific SLA.

10.2 Support

• Growth plan: Priority email support with target response time of 24 hours on business days
• Enterprise plan: Dedicated account manager, priority support with SLA-defined response times, and custom onboarding

11. Limitation of Liability

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We specifically disclaim:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or secure
• Any warranty regarding the accuracy, reliability, or quality of AI-generated content
• Any warranty that Ad Engine will achieve specific advertising results, ROAS, CPA, or conversion targets
• Any warranty that AI-generated creatives will be approved by advertising platforms

13. Indemnification

You agree to indemnify, defend, and hold harmless Marketing Toolbox AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Content you upload or generate through the Service
• Your violation of any third-party rights, including advertising platform policies
• Ads or campaigns run through your account via Ad Engine

14. Suspension & Termination

14.1 By You

You may cancel your account at any time from your account settings or by emailing support@marketingtoolbox.ai. Upon cancellation:

• Your access to the Service ends at the conclusion of your current billing cycle
• Active Ad Engine campaigns will be paused automatically
• Your data will be retained for 30 days to allow for reactivation, then deleted in accordance with our Privacy Policy

14.2 By Us

We may suspend or terminate your access to the Service, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your use poses a security risk to the Service or other users
• Your account has been inactive for more than 12 consecutive months
• Required by law or a valid legal order
• Your payment method fails and is not updated within 14 days

Where possible, we will provide notice and an opportunity to cure the violation before termination. In cases of severe or repeated violations, we may terminate immediately.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including: Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@marketingtoolbox.ai and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or remotely at the parties' mutual agreement. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding.

15.4 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. For any disputes not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in Wilmington, Delaware.

17. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Marketing Toolbox AI regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or third-party service outages.
• Notices: We may send notices to the email address associated with your account. You are responsible for keeping your email address current. Notices to us should be sent to legal@marketingtoolbox.ai.

18. Changes to These Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify you via email and/or an in-app notification at least 30 days before material changes take effect
• We will post the updated Terms on this page

Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account before the changes take effect.

19. Contact Us

If you have questions about these Terms, contact us:

• Legal inquiries: legal@marketingtoolbox.ai
• Billing questions: billing@marketingtoolbox.ai
• General support: support@marketingtoolbox.ai
• Website: marketingtoolbox.ai/contact