Terms of Service

1. Agreement

A contract is formed when we accept an order form, activate a paid tenant, or confirm an online business order. The order form, these Terms, our Fair Use Policy, Privacy Notice, Token Rules, and any signed data-processing addendum form the agreement. Signed special terms and the order form prevail in case of conflict.

These terms are intended for customers acting for business or professional purposes. Consumer subscriptions require separate terms.

2. Service and license

During a paid subscription we grant the customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the enabled AdOperator services for its internal business and authorized advertising operations. Authorized users must have individual accounts and be bound by suitable confidentiality and acceptable-use duties.

AdOperator includes automated and AI-assisted functions. Customers must apply competent human oversight before publishing advertisements, changing material budgets, or relying on generated recommendations.

3. Fees and subscription

Unless an order form states otherwise, the standard subscription is USD 300 per month, invoiced monthly in advance, plus applicable VAT or other taxes. Payment and invoice deadlines appear in the order form or checkout.

The subscription includes a Basic Token Allowance calculated by our metering system and displayed in the account or order form. Overage and additional-token rules are explained in the Token Rules.

4. Customer responsibilities

Customers are responsible for their credentials, instructions, campaigns, advertisements, landing pages, budgets, audiences, products, claims, consents, legal bases, and compliance with advertising-network rules and applicable law. AI outputs may be incomplete or inaccurate and are not legal, tax, financial, or compliance advice.

5. Customer content and service improvement

Customers retain ownership of content they submit. They grant us the rights needed to host, transmit, analyze, back up, secure and process that content to provide the service, follow documented instructions, investigate reported issues, prevent fraud and security incidents, and provide support.

We may use aggregated or reliably de-identified usage and performance data to improve reliability, safety, metering and agent performance. We do not use identifiable customer content or creatives to train or fine-tune a model for cross-customer use unless the customer gives explicit, specific opt-in authorization describing the purpose, data categories and safeguards.

6. Intellectual property

Apptastic Tech and its licensors retain all rights in the platform, software, source and object code, interfaces, workflows, prompts, agent architecture, models, configurations, documentation, designs, analytics, improvements and derivative works. Customers retain their inputs and pre-existing materials. Voluntary platform feedback and improvement suggestions may be used by and are assigned to Apptastic Tech to the extent transferable.

7. Security and fair use

Customers must comply with the Fair Use Policy, protect credentials, use multi-factor authentication where available, and immediately report suspected compromise. We may suspend affected functions when reasonably necessary to contain a security incident, prevent unlawful use, protect another tenant, or preserve evidence.

8. Availability and third parties

We use commercially reasonable efforts to operate and secure the service. No service can guarantee absolute security or uninterrupted availability. Maintenance, emergencies, force majeure, third-party providers and customer systems may affect availability. Current infrastructure and service providers are described on our Subprocessors page.

9. Disclaimers and liability

We do not guarantee campaign approval, advertising performance, revenue, profitability, uninterrupted third-party APIs, or error-free AI output. Unless an order form states otherwise and subject to mandatory law, aggregate liability in a rolling 12-month period is limited to fees paid or payable in that period. This limit does not apply to fraud, wilful misconduct, payment obligations, deliberate security abuse, IP misappropriation, or liability that cannot legally be limited.

10. Termination

Unless an order form states a fixed initial term, either party may terminate with two calendar months' written notice. Either party may terminate for a material breach not cured within 14 days after notice, or immediately where cure is impossible or continued performance would be unlawful or materially unsafe.

11. Data at exit

On termination, outstanding fees and overages become due. On a timely request, we will make a reasonable export of customer content available in a standard format, subject to payment and technical feasibility. Personal data will be returned or deleted under the applicable data-processing addendum, legal-retention duties and secure backup rotation.

12. Changes

We may update public policies for legal, security or operational reasons. We will give at least 30 days' notice of materially adverse changes unless immediate action is legally or technically necessary. A new data-processing purpose requiring consent or contractual authorization will not be introduced merely by changing a web page.

13. Polish law

Polish law governs the agreement. The parties will first attempt good-faith negotiation for 30 days. For B2B disputes, courts competent for our registered office in Wrocław have jurisdiction, subject to mandatory law.