Terms of Service

Last updated: September 11, 2026  ·  Effective date: September 11, 2026  ·  Version 1.0

This version supersedes all prior versions.

These Terms of Service ("Terms") are a binding agreement between you and Adfinery ("Adfinery", "we", "us", "our") and govern your access to and use of the Adfinery website, applications, and services (together, the "Service"). By creating an account, purchasing a subscription, or otherwise using the Service, you accept these Terms and our Privacy Policy, Acceptable Use Policy, Refund & Billing Policy, Cookie Policy, DMCA & Copyright Policy, and AI Content Disclaimer, each incorporated by reference. If you do not agree, do not use the Service.

1. Definitions

"Account" means your registered Adfinery account. "Credits" are the units included with a Subscription that are consumed when you generate content. "Input" means the briefs, prompts, product photos, logos, and other materials you provide. "Output" means the ad images, banners, and videos generated for you. "Presenter/Avatar" means an on-camera or talking-avatar element in a video. "Actor" means any real person whose name, image, voice, or likeness appears in an Output. "User Content" means your Inputs and Outputs collectively. "Third-Party Services" means services we rely on or that you connect, including Google (Vertex AI/Gemini), fal.ai (FLUX), Stripe, PayPal, hosting providers, and social-media platforms.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. If you use the Service for an organization, you represent that you are authorized to bind it, and "you" includes that organization. You may not use the Service if you are barred under applicable law or sanctions.

3. Accounts & registration

You must provide accurate information, keep it current, and keep your credentials confidential. You are responsible for all activity under your Account and must notify us promptly of any unauthorized use. Accounts are personal to you and may not be shared or transferred except as expressly allowed for team/seat plans.

4. Licence to use the Service

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own personal or internal business purposes. All rights not expressly granted are reserved to us.

5. Subscriptions, credits & billing

In plain terms: you buy a plan, it gives you monthly credits, it renews automatically until you cancel, and credits are not refundable once used.

• Plans & credits. Each plan includes a monthly credit allowance. Generating content consumes credits at the rates shown in the app (images, video minutes, and presenter renders cost different amounts). Unless stated otherwise, credits do not roll over and are forfeited on cancellation or expiry.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel, and your payment method is charged at the start of each period. We will give notice before a price increase takes effect on your renewal.
• Free trials & promotions. If offered, a trial converts to a paid subscription at its end and your payment method is charged unless you cancel beforehand.
• Payments. Payments are processed by Stripe and PayPal. You authorize recurring charges and are responsible for keeping your payment details current. We do not store your full card number.
• Taxes. Prices exclude VAT, GST, and sales taxes unless stated; you are responsible for applicable taxes not collected at checkout.
• Refunds & cancellation. Purchases are non-refundable except where required by law; see our Refund & Billing Policy. You may cancel anytime; cancellation stops future renewals but not the current period, and access continues until it ends.
• Non-payment. We may suspend or downgrade your Account if a charge fails and is not resolved.

6. Your content & the licence you give us

You retain ownership of your Inputs. You grant Adfinery a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, process, transmit, and modify your User Content solely to provide, secure, and operate the Service, including transmitting Inputs to our AI providers to generate Outputs. Your Inputs are processed by Google and fal.ai to generate Outputs; we do not own or control those models. You represent and warrant that you own or are licensed to use all Inputs, including any brand, logo, photo, product, or Actor depicted.

7. AI outputs, intellectual property & no guarantee

In plain terms: you may use the ads we generate for you commercially, but AI output may not be unique or copyrightable, and you must check it before you use it.

• Your rights in Outputs. Subject to your compliance with these Terms and payment of fees, we assign to you whatever rights we hold in the Outputs generated for you so that you may use them, including commercially.
• No uniqueness or copyright guarantee. Outputs are produced by shared AI models. Similar or identical Outputs may be generated for other users, and purely AI-generated material may not be eligible for copyright protection. We do not warrant that you own, or can exclusively protect, any Output.
• Your responsibility. You are solely responsible for reviewing every Output for accuracy, legality, and non-infringement, and for clearing all rights, before publishing or advertising with it.
• Third-party model terms. You must not use the Service in violation of the terms of the underlying AI providers.

8. Presenter, avatar & likeness

If you use a Presenter or Avatar that depicts a real person, you must have that person's verifiable consent and all rights necessary to use their name, image, and voice. You may not impersonate any person or public figure or create deceptive synthetic media of a real person. You assume full responsibility and liability for any Actor's consent and for how presenter content is used, and a depicted person may request removal of their likeness by contacting us.

9. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy. In summary, you may not create illegal, deceptive, infringing, defamatory, hateful, sexual, or harmful advertising; use anyone's likeness without rights; make false or unsubstantiated product claims; scrape, reverse-engineer, or circumvent limits; or resell access. The full list governs and is incorporated by reference.

10. Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation.

11. Third-party services & integrations

The Service relies on and lets you connect Third-Party Services, each governed by its own terms. Your use of any social-posting feature is subject to the relevant platform's terms. We are not responsible for Third-Party Services, their availability, or their changes.

12. Beta & experimental features

Features labelled beta or experimental are provided "as is," may change or be withdrawn at any time, may be less reliable, and carry no warranty.

13. Usage limits & fair use

We may set and enforce reasonable rate and usage limits, apply fair-use limits, and throttle or block automated or abusive usage or attempts to circumvent credit limits.

14. Service availability

The Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation for standard plans, may perform maintenance, and are not liable for downtime or loss of data or content. Keep your own copies of important Outputs.

15. Security

We use reasonable technical and organizational measures to protect the Service. You must keep your credentials secure and not share your Account. No system is perfectly secure; our handling of any incident is described in the Privacy Policy.

16. Suspension & termination

You may cancel at any time. We may suspend or terminate your Account for breach of these Terms or the Acceptable Use Policy, non-payment, or unlawful, abusive, or high-risk use. On termination your licence to use the Service ends, and content may be deleted (see the Privacy Policy, including automatic deletion of generated ads after 30 days). Accounts inactive for an extended period may be deleted. Sections that by their nature should survive (including 6–7, 17–22, and 25) survive termination.

17. Our intellectual property

We and our licensors own the Service, its software, our trademarks and branding, and aggregated or anonymized usage statistics. Except for the rights expressly granted, nothing transfers our intellectual property to you, and you may not use our marks without permission.

18. Confidentiality

You will protect any non-public information we designate as confidential and use it only to use the Service. This does not apply to information that is public, independently developed, or lawfully received from another source.

19. Disclaimers of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS ARE ACCURATE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR YOUR USE.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADFINERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, CONTENT, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT OR USD 100. NOTHING LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING FRAUD, GROSS NEGLIGENCE, OR CERTAIN CONSUMER RIGHTS).

21. Indemnification

You will indemnify and hold harmless Adfinery and its providers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Inputs, your advertisements and claims, your use of Outputs, any Actor consent or likeness issue, or your breach of these Terms or of third-party rights or law.

22. Dispute resolution — arbitration & class-action waiver

Before filing a claim, you agree to try to resolve it informally by contacting us and allowing 30 days. Any unresolved dispute will be settled by binding individual arbitration, not in court, except that either party may bring qualifying claims in small-claims court or seek injunctive relief for intellectual-property misuse. You and Adfinery waive any right to a jury trial and to participate in a class action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms. These provisions apply only to the extent permitted by law and do not deprive consumers (including in the EU) of mandatory local-law protections.

23. Governing law & venue

These Terms are governed by the laws of [Governing Jurisdiction], without regard to conflict-of-laws rules, and the courts of [Venue] will have jurisdiction, except where mandatory consumer law gives you rights in your place of residence.

24. Export controls & sanctions

You represent that you are not located in an embargoed country, are not on a denied-party or sanctions list, and will comply with applicable export-control and sanctions laws.

25. DMCA & copyright complaints

We respond to copyright notices under our DMCA & Copyright Policy, which sets out our designated agent, the notice and counter-notice procedures, and our repeat-infringer policy.

26. Changes to these Terms

We may update these Terms. For material changes affecting paying users we will give reasonable notice (by email or in-app) before they take effect. The "Last updated" date and version reflect the current version, and continued use after changes take effect means you accept them.

27. General

You may not assign these Terms; we may assign them, for example in a merger or sale. Neither party is liable for events beyond its reasonable control (force majeure). If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, with the policies they incorporate, are the entire agreement between us. The parties are independent contractors. Notices to you may be given by email or in-app; notices to us go to the contact below. You consent to receive communications electronically.

28. Contact us

Legal: legal@adfinery.com · Support: open a ticket from your account · Mailing address: [Registered business address].

This document is provided for transparency and general information and is not legal advice. Because Adfinery processes payments, personal images, and data of users in the EU and California, we recommend you review it with a qualified attorney before relying on it.