Terms of Service

1. Agreement

By creating an account or using KineticAd (operated by Kinetic Ad LLC) (“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 KineticAd (operated by Kinetic Ad LLC).

2. Definitions

For the purposes of these Terms, the following definitions apply:

• “Service” means the KineticAd web application, APIs, and all related tools and features provided by KineticAd (operated by Kinetic Ad LLC).
• “User” or “you” means any individual or entity that creates an account or otherwise accesses or uses the Service.
• “Account” means the registered user profile and associated settings, connected platforms, and billing information.
• “Creative” means an individual advertisement or ad creative monitored by the Service across any Connected Platform.
• “Fatigue Alert” means a notification generated by the Service indicating that a Creative is exhibiting signs of declining performance based on engagement metrics.
• “Runway Estimate” means a statistical projection of the remaining effective lifespan of a Creative, derived from recent performance trends.
• “Connected Platform” means any third-party advertising platform (including Meta, TikTok, Google, Snapchat, and LinkedIn) that you authorize the Service to access via API.
• “Webhook” means a user-provided URL endpoint (such as a Slack Incoming Webhook) to which the Service delivers automated notifications.

3. Description of Service

KineticAd is a SaaS platform that connects to your Meta, TikTok, Google, Snapchat, and LinkedIn ad accounts via their respective APIs to monitor advertising creative performance. The Service detects signs of creative fatigue based on engagement metrics, predicts estimated creative runway, and sends alerts — via email and/or Slack — 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.

The Slack integration feature allows you to connect a Slack Incoming Webhook URL so that fatigue alerts are delivered to a Slack channel of your choice. KineticAd sends data to your webhook URL; you are responsible for ensuring your Slack workspace configuration and webhook URL are kept secure.

4. Important Disclaimers

5. 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.

6. 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.

7. 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.

8. Google Ads Platform Compliance

By connecting your Google Ads account, you confirm that you have the authority to grant the requested API permissions and that your use of the Service complies with Google's Advertising Policies and Google Ads API Terms of Service. You acknowledge that Google Ads access tokens are short-lived and are automatically refreshed using your stored authorization. If Google revokes API access or changes platform terms in ways that affect the Service, we are not liable for any resulting service interruptions.

9. Snapchat Platform Compliance

By connecting your Snapchat Ads account, you confirm that you have the authority to grant the requested API permissions and that your use of the Service complies with Snap Inc.'s Advertising Policies and Business API Terms. Snapchat refresh tokens are valid for up to 90 days. You are responsible for reconnecting your account before tokens expire. If Snapchat revokes API access or changes platform terms in ways that affect the Service, we are not liable for any resulting service interruptions.

10. LinkedIn Platform Compliance

By connecting your LinkedIn Ads account, you confirm that you have the authority to grant the requested API permissions and that your use of the Service complies with LinkedIn's Marketing Developer Platform Terms and Advertising Policies. LinkedIn access tokens may expire; long-lived refresh tokens (valid for 365 days when granted) are used where available to maintain uninterrupted access. If LinkedIn revokes API access or changes platform terms in ways that affect the Service, we are not liable for any resulting service interruptions.

11. Slack Integration

The Slack integration feature is optional. By enabling it, you provide a Slack Incoming Webhook URL which KineticAd uses to post fatigue alert messages to your designated channel. You acknowledge that:

• Your webhook URL is stored encrypted and used only to send fatigue alerts on your behalf.
• Message delivery depends on Slack's service availability. We are not responsible for failed deliveries due to Slack outages, invalid or expired webhook URLs, or channel permission changes in your workspace.
• You are responsible for ensuring the webhook URL you provide is valid and points to the intended channel.
• You may disable Slack alerts or remove your webhook URL at any time from Settings.
• We are not affiliated with or endorsed by Slack Technologies LLC. Use of Slack is governed by Slack's own Terms of Service and Privacy Policy.

12. Task Integration Services

The Service offers optional integrations with third-party task management platforms, including Notion, Linear, and Asana. These integrations allow you to create tasks directly from fatigued creative alerts within the Service. By enabling a task integration, you acknowledge that:

• You are responsible for providing a valid API token or authorization for the connected task platform. Tokens are stored encrypted and used solely to create tasks on your behalf.
• Tasks are created in the workspace, project, or database you designate during setup. You are responsible for ensuring the destination is correct.
• The Service creates tasks on your behalf using the permissions granted by your API token. You are responsible for the scope of access your token provides.
• We are not responsible for the availability, uptime, or functionality of Notion, Linear, Asana, or any other third-party task platform. If a third-party service is unavailable, task creation may fail without liability to us.
• You may disconnect any task integration at any time from Settings. Disconnecting removes your stored token but does not delete tasks already created in the third-party platform.
• We are not affiliated with or endorsed by Notion Labs Inc., Linear Orbit Inc., or Asana Inc. Use of those platforms is governed by their respective terms of service.

13. 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.

14. Free Trial

KineticAd may offer a free trial period of 14 days for new users. During the free trial, you have access to the full features of the Service at no charge. No credit card is required to start a free trial.

At the end of the 14-day trial period, your trial will automatically expire. You will not be charged unless you voluntarily subscribe to a paid plan. There is no obligation to subscribe after your trial ends.

We reserve the right to modify, limit, or discontinue the free trial offer at any time without prior notice. Free trial eligibility is limited to one trial per user or organization. If we determine that you have previously used a free trial (whether under the same or a different account), we may revoke the trial at our discretion.

15. 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 advertising platform data you are not authorized to access
• Interfere with or disrupt the Service or its infrastructure
• Use the Slack integration to send unauthorized or malicious messages to Slack workspaces

16. Intellectual Property

KineticAd (operated by Kinetic Ad LLC) owns all intellectual property rights in and to the Service, including but not limited to the software, design, text, graphics, logos, trademarks, algorithms, fatigue detection models, and all related documentation. These Terms do not grant you any ownership interest in the Service.

You retain full ownership of your advertising data, creative assets, and any other content you provide to or through the Service. By using the Service, you grant us a limited, non-exclusive, revocable license to access, process, and display your data solely for the purpose of providing the Service to you.

You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or disassemble any part of the Service or its underlying technology. You may not create derivative works based on the Service or use any automated means to extract data or content from the Service, except as expressly permitted by these Terms.

17. 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 and runway estimates 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.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KINETICAD (OPERATED BY KINETIC AD LLC) 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.

19. Data Security and Breach Notification

We implement industry-standard technical and organizational security measures to protect your data, including encryption of stored credentials and webhook URLs, HTTPS-only data transmission, and access controls. However, no system is completely immune to security incidents.

In the event of a confirmed security breach that affects your personal data or connected ad account credentials, we will notify affected users by email within 72 hours of becoming aware of the breach, to the extent practicable. Our notification will describe: (a) the nature of the breach; (b) the categories of data affected; (c) the steps we have taken to contain it; and (d) any recommended actions you should take.

Limitation on breach liability. To the fullest extent permitted by law, our liability arising from any security breach, unauthorized access, or data compromise is subject to the limitations set forth in Section 18 above. We are not liable for losses arising from breaches caused by factors outside our reasonable control, including vulnerabilities in third-party platforms, user credential exposure, or force majeure events. You acknowledge this risk and agree that our liability for any breach-related claim shall not exceed the amounts paid by you in the three months prior to the incident.

You are responsible for safeguarding your own account credentials and for notifying us immediately at jake@getkineticad.com if you suspect unauthorized access to your account.

20. Indemnification

You agree to indemnify, defend, and hold harmless KineticAd (operated by Kinetic Ad LLC) 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 the platform policies of Meta, TikTok, Google, Snapchat, LinkedIn, Slack, or any other connected platform; or (d) any content or data you provide to or through the Service.

21. Service Availability

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

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the party's reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, labor disputes, internet or telecommunications failures, power outages, third-party platform outages, cyberattacks, or other force majeure events. The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

28. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations of the United States, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce. You may not access or use the Service from any country or territory subject to comprehensive U.S. sanctions, and you represent that you are not listed on any U.S. government denied-party list.

29. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

30. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and KineticAd (operated by Kinetic Ad LLC) regarding your use of the Service. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

31. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

32. Notices

All notices from us to you will be sent to the email address associated with your Account. It is your responsibility to keep your email address current. Notices are considered delivered when sent by email, whether or not you actually receive them.

Changes to these Terms or other legal notices will also be posted on the KineticAd website. For time-sensitive matters, email notice takes precedence. You may contact us at jake@getkineticad.com for any notices required under these Terms.

33. Contact

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