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Terms of Service

Last updated: February 18, 2026

1. Acceptance of Terms

By accessing or using EverAd ("the Service") at everad.vercel.app, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Service Description

EverAd is an AI-powered ad creative optimization platform. We help you create, test, simulate, and optimize ad campaigns using artificial intelligence, including AI-generated text, images, and video content, intelligent performance optimization, and predictive simulation. The Service uses third-party AI models provided by Google (Gemini, Imagen, Veo) and potentially other providers to generate content on your behalf.

3. Account Responsibilities

  • You must provide accurate information when creating your account via Google OAuth
  • You are responsible for all activity under your account
  • You must notify us immediately of any unauthorized access
  • You must be at least 18 years old to use the Service
  • You are responsible for maintaining the security of your API keys and credentials

4. Acceptable Use

You agree not to:

  • Create ads that are illegal, misleading, defamatory, or harmful
  • Promote illegal products, services, or activities
  • Generate content that infringes on the intellectual property rights of others
  • Generate content that violates the right of publicity or privacy of any person
  • Use AI-generated content without reviewing it for accuracy, legality, and compliance
  • Represent AI-generated content as human-created where disclosure is required by law
  • Abuse, overload, or interfere with the Service or its API
  • Attempt to reverse-engineer, scrape, or exploit the platform
  • Use the Service to distribute malware or engage in phishing
  • Violate any applicable laws, regulations, or advertising standards

5. AI-Generated Content & User Responsibility

This is an important section. Please read it carefully.

EverAd uses third-party artificial intelligence models to generate ad copy, images, and video on your behalf. By using these features, you acknowledge and agree to the following:

  • No guarantee of originality: AI-generated content may inadvertently resemble existing copyrighted works, trademarks, or other protected material. EverAd does not guarantee that AI-generated content is original, non-infringing, or free from intellectual property claims.
  • User bears all responsibility: You are solely and exclusively responsible for reviewing, approving, modifying, and ensuring the legal compliance of all AI-generated content before publishing, serving, distributing, or using it in any way. This includes compliance with copyright law, trademark law, right of publicity, advertising regulations (including FTC guidelines), industry-specific rules, and any other applicable laws.
  • No legal advice: EverAd does not provide legal advice. Our compliance tools (such as the Compliance Checker) are informational only and do not constitute legal review. You should consult with qualified legal counsel regarding your advertising obligations.
  • Content accuracy: AI may produce inaccurate, misleading, or inappropriate content. You must verify all claims, statistics, and representations in AI-generated ad copy before use.
  • Likeness and identity: AI-generated images may produce depictions that resemble real individuals. You are responsible for ensuring that generated images do not violate any person's right of publicity or privacy.
  • Regulatory compliance: Different industries (finance, healthcare, legal, alcohol, etc.) have specific advertising regulations. You are responsible for ensuring all content complies with regulations applicable to your industry and jurisdiction.

6. Intellectual Property

Your content: You retain ownership of all content you create, upload, or input to EverAd, including campaign copy, images, brand assets, and configuration data. You grant us a limited, non-exclusive license to use this content solely to operate and improve the Service on your behalf.

AI-generated content: To the extent permitted by applicable law, you own the AI-generated output created through your use of the Service. However, ownership does not guarantee that such content is free from third-party intellectual property claims. You accept all risk associated with the use of AI-generated content.

Our platform: The EverAd platform, including its design, code, algorithms, optimization models, and branding, is owned by EverAd and protected by intellectual property laws. Nothing in these Terms grants you rights to our platform beyond the limited right to use the Service.

7. Indemnification

You agree to indemnify, defend, and hold harmless EverAd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) any content you create, generate, publish, or distribute using the Service, including AI-generated content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property rights, right of publicity, or privacy rights; (e) any claim that content generated through your use of the Service infringes or violates the rights of a third party; or (f) your violation of any applicable law or regulation.

8. Third-Party AI Providers

The Service relies on third-party AI models and services (currently Google Gemini, Imagen, and Veo). You acknowledge that:

  • Third-party AI providers may change, update, or discontinue their models at any time
  • We do not control the outputs of third-party AI models and cannot guarantee their accuracy, safety, or fitness for any particular purpose
  • Third-party providers have their own terms of service and acceptable use policies that may apply to generated content
  • We may change AI providers at any time to improve the Service
  • Availability and quality of AI-generated content depends on third-party provider uptime and capabilities

9. Payment Terms

  • Payments are processed securely through Stripe
  • Subscription fees are billed in advance on a monthly or annual basis
  • Monthly plans: No refunds for partial months
  • Annual plans: Pro-rated refunds available for the unused portion if you cancel
  • We reserve the right to change pricing with 30 days' notice
  • Free trial periods, if offered, convert to paid subscriptions unless cancelled before the trial ends
  • AI generation usage is subject to plan-tier limits; exceeding limits may require an upgrade

10. Data & Privacy

Your use of the Service is also governed by our Privacy Policy. Additionally:

  • Content you input (brand information, ad copy, images) may be sent to third-party AI providers for processing. These providers may have their own data retention and usage policies
  • We do not use your content to train AI models. However, third-party AI providers may process inputs according to their own terms
  • Campaign performance data (impressions, clicks, conversions) is stored to operate the optimization service and is available to you via the dashboard and API
  • You are responsible for ensuring your use of the Service complies with applicable data protection laws (GDPR, CCPA, etc.) as they relate to your end users and ad viewers

11. Service Availability

We strive to maintain high availability but do not guarantee any specific uptime or SLA. The Service is provided on a "best effort" basis. We may perform maintenance, updates, or experience outages that temporarily affect availability. We are not liable for any losses resulting from service interruptions or from interruptions caused by third-party AI providers.

12. Limitation of Liability

To the maximum extent permitted by law:

  • EverAd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
  • EverAd shall not be liable for any damages arising from AI-generated content, including but not limited to intellectual property claims, defamation claims, or regulatory violations
  • EverAd shall not be liable for any damages arising from the acts or omissions of third-party AI providers
  • Our total aggregate liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim

13. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI-generated content. We do not warrant that AI-generated content will be original, non-infringing, accurate, suitable for your intended purpose, or compliant with any laws or regulations.

14. Termination

You may cancel your account at any time. We may suspend or terminate your access if you violate these Terms, engage in abusive behavior, or fail to pay applicable fees. Upon termination, your right to use the Service ceases immediately. We may delete your data after a 30-day retention period following account closure. The following sections survive termination: Sections 5 (AI-Generated Content), 6 (Intellectual Property), 7 (Indemnification), 12 (Limitation of Liability), and 13 (Disclaimer of Warranties).

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a new "Last updated" date and, for material changes, by email to the address associated with your account. Continued use of the Service after changes constitutes acceptance of the new Terms.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in California. You waive any right to participate in class action lawsuits or class-wide arbitration against EverAd.

17. Contact Us

If you have questions about these Terms, contact us at hello@everad.com.