Terms of Service

1. Agreement

By creating an account or using KineticAd (“the Service”), you agree to these Terms of Service. If you do not agree, do not use the Service. These terms form a binding agreement between you and the operator of this service.

2. Description of Service

KineticAd is a SaaS platform that connects to your Meta and TikTok ad accounts via their respective APIs to monitor advertising creative performance. The Service detects signs of creative fatigue based on engagement metrics and sends email alerts when creatives show declining performance patterns.

The Service provides monitoring and alerting tools only. It does not manage, modify, pause, or delete your advertising campaigns on any platform. All decisions about your ad spend, creative strategy, and campaign management remain solely with you.

3. Important Disclaimers

4. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must provide accurate information when creating your account. You may not share your account with others or use the Service on behalf of multiple organizations under a single account without a plan that supports multiple accounts.

5. Meta Platform Compliance

By connecting your Meta Ads account, you confirm that you have the authority to grant the requested API permissions and that your use of the Service complies with Meta's Terms of Service and Platform Policies. You are responsible for maintaining valid and authorized access to your Meta Ads account. If Meta revokes our API access or changes its platform terms in ways that affect the Service, we are not liable for any resulting service interruptions.

6. TikTok Platform Compliance

By connecting your TikTok Ads account, you confirm that you have the authority to grant the requested API permissions and that your use of the Service complies with TikTok's Business API Terms of Service and Developer Policies. You are responsible for maintaining valid authorization to your TikTok advertiser accounts. TikTok access tokens are valid for 365 days. You are responsible for reconnecting your account before tokens expire to maintain uninterrupted service. If TikTok revokes API access or changes platform terms in ways that affect the Service, we are not liable for any resulting service interruptions.

7. Subscription and Billing

Subscriptions are billed monthly in advance. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel. Prices are listed in USD and exclude applicable taxes.

You may cancel your subscription at any time from the billing portal. Cancellation takes effect at the end of the current billing period — you retain access until then. We do not offer refunds for partial months.

We reserve the right to change pricing with 30 days' notice. Continued use after a price change takes effect constitutes acceptance of the new pricing.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse-engineer, scrape, or extract data from the Service beyond your authorized access
• Share your account credentials with unauthorized parties
• Use the Service to access Meta or TikTok data you are not authorized to access
• Interfere with or disrupt the Service or its infrastructure

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KINETICAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY ALERTS WILL BE ACCURATE, TIMELY, OR COMPLETE.

You acknowledge that creative fatigue alerts are analytical indicators based on historical data and statistical patterns. They do not guarantee future ad performance. We make no representation that acting on any alert will improve, maintain, or affect your advertising results in any way.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KINETICAD AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF AD SPEND, LOST REVENUE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY AMOUNT IN THAT PERIOD, OUR LIABILITY IS LIMITED TO $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless KineticAd and its operators from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including Meta or TikTok platform policies; or (d) any content or data you provide to or through the Service.

12. Service Availability

We aim for high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance, third-party outages (including Meta or TikTok API downtime), and unforeseen technical issues may temporarily affect availability. We are not liable for losses resulting from service downtime.

13. Cancellation

You may cancel your subscription at any time. To cancel:

• Log in to your KineticAd account and go to Settings → Billing
• Click Manage Subscription to access the billing portal
• Select Cancel Subscription and confirm

Cancellation takes effect at the end of your current billing period. You retain full access until then. No refunds are issued for partial billing periods. After cancellation, your data is retained for 30 days before deletion unless you request earlier removal by emailing jake@getkineticad.com.

14. Termination

We reserve the right to suspend or terminate accounts that violate these terms, are used fraudulently, or where payment fails after reasonable notice. You may terminate your account at any time by canceling your subscription and contacting us to request data deletion.

15. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, not in court. You waive your right to a jury trial and to participate in any class action, class arbitration, or representative proceeding. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA) in the United States.

Before initiating arbitration, you must email us at jake@getkineticad.com with a written description of the dispute and your proposed resolution. We will have 30 days to attempt informal resolution before arbitration may begin.

16. Changes to Terms

We may update these terms as the Service evolves. Material changes will be communicated via email with at least 14 days' notice. Continued use after the effective date constitutes acceptance.

17. Governing Law

These terms are governed by the laws of the United States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of federal and state courts in the United States for any matters not subject to arbitration.

18. Contact

Questions about these terms? Email us at jake@getkineticad.com.