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TERMS OF SERVICE AGREEMENT - PLEASE READ CAREFULLY
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IMPORTANT NOTICE: BY ACCESSING, BROWSING, REGISTERING FOR, OR USING ADTOM IN ANY MANNER, YOU AGREE TO BE BOUND BY:
1. These Terms of Service
2. Our Privacy Policy (www.adtom.ai/privacy)
3. Our Data Deletion Policy (www.adtom.ai/data-deletion)
4. Our Refund and Cancellation Policy (www.adtom.ai/refunds)
5. Our Delivery Policy (www.adtom.ai/delivery)
6. Our Disclaimer (www.adtom.ai/disclaimer)
7. All other policies referenced herein
THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN ALL POLICIES, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ADTOM AND MUST IMMEDIATELY CEASE ALL USE.
AUTOMATIC ACCEPTANCE BY USE:
Your use of Adtom constitutes automatic acceptance of all terms, whether or not you have clicked "I Agree," completed registration, or read these policies. Mere access to or use of any part of Adtom binds you to this Agreement.
Agreement Required:
By using Adtom, you agree to these terms and policies. If you do not agree, please discontinue use of the Service.
CONTINUING OBLIGATION:
By continuing to use Adtom after any modifications to these terms, you automatically agree to the updated terms.
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TERMS OF SERVICE
Last Updated: December 17, 2025
THESE TERMS OF SERVICE ("AGREEMENT") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND AXIOMIQ AUTOMATION PRIVATE LIMITED. PLEASE READ CAREFULLY BEFORE USING THE SERVICES.
1. INTRODUCTION AND DEFINITIONS
1.1 Parties
This Agreement is entered into between:
- "Company," "we," "us," or "our" refers to Axiomiq Automation Private Limited, the owner and operator of Adtom
- "You," "your," or "Customer" refers to the individual or entity accessing or using the Services
Company Details:
AXIOMIQ AUTOMATION PRIVATE LIMITED
P. No. 14-A, Kanak Watika, Near Dhaka Nagar, Meena Wala
Jaipur – 302012, Rajasthan, India
Email: axiomiqautomation@gmail.com
Support: hello@adtom.ai
Website: www.adtom.ai
1.2 Service Description
"Adtom" or "Services" refers to the software-as-a-service (SaaS) platform providing:
- Advertising performance analytics and monitoring for Google Ads, Meta Ads (Facebook & Instagram), and other platforms (campaign creation and optimization features under development)
- E-commerce integrations (Shopify, WooCommerce, etc.)
- Analytics, reporting, and performance insights
- AI-powered automations
- APIs, integrations, dashboards, and related services
1.3 Definitions
- "Master Account": Your primary Adtom account
- "Additional Users": Authorized users you designate to access your Master Account
- "Ad Account": Advertising accounts (Google Ads, Meta Ads, etc.) connected to your Master Account
- "Customer Data": Data you provide or authorize us to access
- "Order": Your subscription purchase or service activation
- "Term": The duration of your subscription
- "Fees": Payments due for Services
- "Personal Data": Information relating to an identified or identifiable individual
- "Usage Data": Aggregated, anonymized data derived from Service use
2. ACCEPTANCE OF TERMS
2.1 Binding Agreement
By accessing, registering for, or using the Services, you:
- Confirm you have read, understood, and agree to be bound by this Agreement
- Represent that you are at least 18 years of age
- Have the legal authority to enter into this Agreement
- Will comply with all applicable laws and regulations
2.2 Changes to Terms
We reserve the right to modify this Agreement at any time. Changes will be:
- Posted at www.adtom.ai/terms with a revised "Last Updated" date
- Notified to you via email or in-platform notification
- Effective 15 calendar days after posting (or immediately for legal/regulatory requirements)
Your continued use of Services after changes constitutes acceptance. If you do not agree, you must discontinue use and may terminate your subscription pursuant to Section 11.
3. ACCOUNT REGISTRATION AND RESPONSIBILITIES
3.1 Account Creation
To use the Services, you must:
- Register for a Master Account by completing the registration process
- Provide accurate, complete, and current information (name, email, company, billing details)
- Verify your email address
- Accept this Agreement and our Privacy Policy
- Link one or more Ad Accounts (Google Ads, Meta Ads, etc.)
3.2 Your Responsibilities
3.3 Prohibited Data and Practices
You are strictly prohibited from using Adtom to upload, process, or transmit:
a) Sensitive Personal Data: Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for identification purposes, health data, or data concerning sexual orientation or sex life.
b) Children's Data: Personal data of individuals under 13 years of age (or the applicable minimum age in your jurisdiction) without verifiable parental consent and appropriate safeguards.
c) Prohibited Content: Data or content that violates Google Ads Policies, Meta Advertising Policies, or other connected platform terms, including but not limited to misleading claims, illegal products/services, discriminatory content, or prohibited industries.
d) Illegally Obtained Data: Data obtained through unauthorized means, scraped without permission, or acquired in violation of applicable laws or third-party rights.
Violation of these prohibitions constitutes a material breach of this Agreement and will result in immediate account suspension or termination, without refund, and potential reporting to relevant platforms and authorities.
You are responsible for:
- All activity under your Master Account, including by Additional Users
- Maintaining security and confidentiality of login credentials
- Promptly notifying us of unauthorized access: hello@adtom.ai
- Obtaining and maintaining necessary telecommunications, networking, hardware, and internet connectivity
- Data and messaging fees charged by your mobile carrier
- Compliance with all third-party platform terms (Google, Meta, Shopify, WooCommerce, etc.)
3.3 Account Security
- Do NOT share login credentials
- Use strong, unique passwords
- Enable multi-factor authentication when available
- Review account activity regularly
YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF UNAUTHORIZED USE OR SECURITY BREACHES OF YOUR ACCOUNT.
4. AUTHORIZATIONS AND PERMISSIONS
4.1 Advertising Platform Authorizations
By connecting advertising accounts (Google Ads, Meta Ads, etc.), you explicitly authorize Adtom to:
- Access campaign data, performance metrics, and account information.
- Monitor advertising account status and campaign performance.
- Generate reports and analytics.
CURRENT SCOPE LIMITATION: As of the current release, Adtom is authorized for READ-ONLY ACCESS ONLY (analytics and reporting). Campaign creation, editing, optimization, budget modifications, and audience management capabilities are under development and will be enabled only after explicit feature release, additional user OAuth authorization, and platform approval.
4.2 E-commerce Platform Authorizations
By connecting e-commerce accounts (Shopify, WooCommerce, etc.), you authorize Adtom to:
- Access product catalogs, inventory, and pricing data
- Sync order and sales information
- Create product feeds for advertising platforms
- Generate performance analytics
4.3 Scope Limitations
Adtom will NOT:
- Delete advertising campaigns or ad accounts without your explicit instruction
- Access or store your passwords for third-party platforms (we use OAuth 2.)
- Share your data with third parties except as required to provide Services
- Use your data for purposes outside the scope of Services
5. YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that:
5.1 Legal Rights and Compliance
- You have all necessary legal rights to the data and accounts you connect
- You have obtained all required consents to use customer data for advertising
- You comply with all applicable laws, including GDPR, CCPA, CAN-SPAM, TCPA, and advertising regulations
- You comply with Google Ads Policies, Meta Advertising Policies, and all third-party platform terms
5.2 Data and Content
- Customer Data does not infringe intellectual property, privacy, or other rights
- You have rights to use uploaded images, videos, copy, and creative materials
- You will not upload unlawful, harmful, deceptive, or malicious content
- Custom audiences comply with applicable privacy laws and platform policies
5.3 Account Legitimacy
- All connected Ad Accounts and e-commerce accounts are legitimately owned or authorized by you
- Accounts are in good standing with respective platforms
- You have authority to grant Adtom access and permissions
FAILURE TO COMPLY WITH THESE WARRANTIES MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION.
6. PROHIBITED ACTIVITIES
You agree NOT to:
6.1 Unlawful or Harmful Use
- Violate any applicable law, regulation, or third-party right
- Engage in fraudulent, deceptive, or misleading activities
- Upload content that is defamatory, obscene, discriminatory, threatening, or illegal
- Promote illegal products, services, or activities
- Violate intellectual property rights
6.2 Technical Restrictions
- Reverse engineer, decompile, or disassemble the Services
- Access or search Services using automated tools (bots, spiders, scrapers) without authorization
- Bypass security measures or access controls
- Interfere with or disrupt Services, servers, or networks
- Probe, scan, or test vulnerabilities
- Overload, flood, spam, or crash systems
6.3 Unauthorized Access and Use
- Access another user's account without authorization
- Share, resell, sublicense, or transfer access to Services
- Use Services to build competitive products or services
- Frame or mirror Services without permission
- Remove or alter copyright, trademark, or proprietary notices
- Impersonate any person or entity
6.4 Data Misuse
- Upload sensitive information (health data, financial account numbers, government IDs) - Services are NOT designed for this
- Use data in violation of platform policies or privacy laws
- Send unsolicited emails, spam, or chain letters
- Scrape or harvest user data
VIOLATION OF THESE PROHIBITIONS MAY RESULT IN IMMEDIATE TERMINATION, LEGAL ACTION, AND LIABILITY FOR DAMAGES.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Company Ownership
Adtom, including all software, code, algorithms, APIs, interfaces, designs, trademarks, logos, and documentation (excluding Customer Data), is owned by Axiomiq Automation Private Limited. All rights reserved.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Services solely as permitted by this Agreement.
7.2 Customer Ownership
You retain all rights, title, and interest in Customer Data, including uploaded content, creative materials, and proprietary information.
7.3 License to Company
You grant Adtom a non-exclusive, worldwide, royalty-free license to:
- Access, store, process, and use Customer Data to provide Services
- Display Customer Data in your account and reports
- Use anonymized, aggregated data for analytics, improvements, and machine learning
- Use your name and logo to identify you as a customer (with your consent)
This license terminates upon deletion of Customer Data or account termination, except for anonymized data.
7.4 Feedback
Any feedback, suggestions, or ideas you provide become the property of Adtom and may be used without compensation or attribution.
8. FEES, BILLING, AND PAYMENT
8.1 Subscription Plans
Fees are based on:
- Subscription tier (plan level)
- Ad spend bracket (average of last a recent period' ad spend across connected platforms)
- Billing frequency (monthly, quarterly, or annual)
Current pricing is available at www.adtom.ai/pricing
8.2 Billing and Payment
- Fees are billed in advance at the start of each billing cycle
- Payment methods: Credit/debit card, invoice (for approved customers), or other authorized methods
- Automatic billing: You authorize recurring charges for the duration of your subscription
- Currency: USD or INR (as specified in your Order)
8.3 Ad Spend Bracket Changes
If your average ad spend increases to a higher bracket:
- We will calculate remaining service days at the new rate
- You will be charged the prorated difference for the current period
- Subsequent billing cycles will use the new rate
If your ad spend decreases, adjustments will apply at your next renewal.
8.4 Payment Authorization
- You authorize us to charge your payment method for all Fees
- You will keep billing information accurate and current
- Update payment details in your account settings.
- Failed payments may result in service suspension or termination
8.5 Invoices (for invoice-based customers)
- Invoices are due within 14 calendar days of issue date
- Late payments may incur interest of 1% per month (or maximum allowed by law)
- Delinquent accounts may be suspended or terminated
8.6 Disputes
- Disputes must be submitted in writing within 15 calendar days of the billing date
- Email: hello@adtom.ai with subject "Billing Dispute"
- Provide details of the disputed charge
- Undisputed amounts remain due and payable
8.7 Non-Refundable
ALL FEES ARE NON-REFUNDABLE except as expressly provided in this Agreement or our Refund and Cancellation Policy.
8.8 Taxes
- All Fees are exclusive of taxes (VAT, GST, sales tax, etc.)
- You are responsible for all applicable taxes
- If you are VAT-registered (EU), provide your VAT number to avoid charges
- Withholding taxes: If required to withhold tax, you must provide a valid tax receipt within 30 calendar days
9. FREE TRIALS AND PROMOTIONAL OFFERS
9.1 Free Trial Terms
- Free trials are offered at our discretion
- Limited to one trial per Master Account
- Trial period specified at signup
- No payment required during trial
- Full service access (subject to limitations specified in trial offer)
9.2 Trial Termination
- Cancel anytime during trial to avoid charges
- If not canceled, trial automatically converts to paid subscription
- First payment will be charged at end of trial period
- Data may be deleted if you do not convert to paid subscription
9.3 Free Services
- We may offer free services on an ongoing basis
- Free services are provided "as-is" with no warranties
- We may modify, suspend, or terminate free services at any time without notice
- No compensation or refunds for free service changes or termination
10. DATA PROTECTION AND PRIVACY
10.1 Privacy Policy
Our collection, use, and protection of your data is governed by our Privacy Policy at www.adtom.ai/privacy. By using Services, you consent to our Privacy Policy.
10.2 Data Processing
- Adtom acts as a data processor on your behalf
- You are the data controller responsible for compliance with privacy laws
- You must obtain all necessary consents before providing Personal Data to Adtom
- We process Personal Data only as instructed by you and as necessary to provide Services
10.3 Google API Services Compliance
By connecting your Google Ads account to Adtom, you authorize us to access and use your Google Ads data in accordance with the Google API Services User Data Policy, including Limited Use requirements.
10.3.1 PERMITTED USES:
Adtom uses Google Ads data ONLY to:
- Provide analytics, reporting, and campaign management services to you
- Display your advertising performance metrics within the Adtom dashboard
- Generate insights and recommendations based on your campaign data
- Facilitate data synchronization between your Google Ads account and Adtom
10.3.2 PROHIBITED USES - Google Ads Data:
Adtom does NOT and will NOT:
- Sell, rent, or license your Google Ads data to third parties
- Use your Google Ads data for advertising or marketing purposes outside your account
- Use your Google Ads data to determine creditworthiness or for lending/insurance decisions
- Transfer your Google Ads data to advertisers or data brokers
- Use your Google Ads data to develop competing products or benefit other customers
- Allow unauthorized human access to your Google Ads data except:
* When you request technical support
* For security incident investigation
* To comply with valid legal process
10.3.3 DATA SCOPE:
- Adtom requests READ-ONLY access to your Google Ads accounts
- We access: campaign performance metrics, ad statistics, conversion data, keyword data, and spend information
- We do NOT access: payment methods, billing details, personal identification documents, or account passwords
10.3.4 YOUR CONTROLS:
- You may revoke Adtom's access to your Google Ads account at any time via:
* Google Account Settings > Security > Third-party apps with account access
* Adtom dashboard > Integrations > Disconnect Google Ads
- Revoking access will prevent Adtom from accessing new data but does not automatically delete historical data (see Data Deletion Policy)
10.3.5 THIRD-PARTY SERVICE PROVIDERS:
Adtom may share your Google Ads data with service providers necessary to operate the Services, including:
- Cloud infrastructure providers (AWS, Google Cloud Platform)
- Analytics and monitoring services
- Customer support tools
All service providers are bound by confidentiality obligations and are NOT permitted to use your data for their own purposes.
10.3.6 COMPLIANCE UPDATES:
We continuously monitor and update our practices to maintain compliance with Google API Services User Data Policy. Material changes will be communicated per Section 21 of these Terms.
10.4 Meta Platform Compliance
By connecting your Meta advertising accounts (Facebook Ads, Instagram Ads) to Adtom, you authorize us to access and process your Meta advertising data in strict compliance with:
- Meta Platform Terms
- Meta Business Tools Terms
- Meta Advertising Policies
- Meta Platform Policy
10.4.1 PERMITTED USES:
Adtom uses Meta advertising data ONLY to:
- Provide analytics, reporting, and ad account management services to you
- Display campaign performance, audience insights, and ad metrics within Adtom
- Generate reports and recommendations based on your advertising activities
- Synchronize data between your Meta ad accounts and Adtom
10.4.2 PROHIBITED USES - Meta Advertising Data:
Adtom does NOT and will NOT:
- Sell, share, or license your Meta advertising data to third parties
- Use your Meta data to target advertisements outside your own ad accounts
- Use your Meta data for purposes unrelated to providing the Services
- Combine your Meta data with other customers' data
- Use your Meta data to build competing products or services
- Re-identify anonymized or aggregated data
- Use your Meta data in violation of Meta Platform Policies
10.4.3 CUSTOMER DATA & CUSTOM AUDIENCES:
If you use Adtom to upload customer lists for Meta Custom Audiences:
- Customer data (emails, phone numbers) is hashed locally on your device BEFORE transmission
- Hashing uses SHA-256 algorithm consistent with Meta requirements
- Adtom does NOT store unhashed customer contact information
- You must obtain proper consent from your customers before uploading their data
- You represent and warrant that you have the legal right to upload such data
- Hashed data is used solely for audience matching as you direct
10.4.4 DATA SCOPE & SECURITY:
- Adtom requests access to: ad campaign performance, insights, audience data, page analytics, and ad account information
- We do NOT access: personal messages, payment methods, user passwords, or private communications
- We implement Meta-required security measures including:
* Encrypted data transmission
* Access controls and authentication
* Regular security audits and vulnerability assessments
* Breach detection and incident response procedures
10.4.5 YOUR CONTROLS:
- You may revoke Adtom's access to your Meta accounts at any time via:
* Meta Business Settings > Data Sources > Apps > Remove Adtom
* Adtom dashboard > Integrations > Disconnect Meta
- Revoking access prevents future data collection but does not automatically delete historical data (see Data Deletion Policy)
- You may request deletion of your Meta data per our Data Deletion Policy
10.4.6 THIRD-PARTY SERVICE PROVIDERS:
Adtom may share your Meta advertising data with essential service providers, including:
- Cloud hosting providers (AWS, Google Cloud Platform)
- Database and analytics services
- Customer support platforms
All service providers are contractually bound to:
- Use data only for providing services to Adtom
- Maintain confidentiality and security standards
- Comply with applicable data protection laws
- NOT use your data for their own purposes
10.4.7 META POLICY VIOLATIONS:
If Adtom detects that your use of the Services violates Meta Platform Policies, we reserve the right to:
- Suspend synchronization with your Meta accounts
- Notify you of the violation
- Terminate your access to Meta-related features if violations persist
You agree to use Adtom in compliance with all Meta policies and not to use our Services to circumvent Meta's rules or restrictions.
10.4.8 COMPLIANCE MONITORING:
We continuously monitor Meta Platform Policy updates and adjust our practices accordingly. Material changes affecting your use of Meta features will be communicated per Section 21 of these Terms.
10.5 Data Security
We implement reasonable security measures, including:
- Encryption
- Access controls and authentication
- Security monitoring and incident response
NO SYSTEM IS 100% SECURE. We cannot guarantee absolute security.
10.6 Security Incidents
In the event of a data breach affecting your data:
- We will notify you within 72 hours of our awareness (unless prohibited by law)
- We will investigate and take reasonable mitigation steps
- You agree to cooperate in investigation and remediation
10.7 Sensitive Information
SERVICES ARE NOT DESIGNED FOR SENSITIVE INFORMATION. DO NOT upload:
- Health information (HIPAA-protected data)
- Financial account numbers or payment card information
- Government-issued identification numbers
- Biometric data
- Information about children under 13
WE DISCLAIM ALL LIABILITY for damages resulting from upload of sensitive information.
10.8: SECURITY AND CYBERSECURITY DISCLAIMERS
10.8.1 NO GUARANTEE OF 100% SECURITY
AXIOMIQ AUTOMATION PRIVATE LIMITED AND ADTOM EXPLICITLY DISCLAIM ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF COMPLETE, ABSOLUTE, OR 100% SECURITY OR PROTECTION.
WE ACKNOWLEDGE THAT:
- NO DIGITAL SYSTEM, PLATFORM, OR SERVICE CAN BE COMPLETELY SECURE
- PERFECT SECURITY IS TECHNOLOGICALLY IMPOSSIBLE
- All systems are vulnerable to sophisticated attacks
- Security is an ongoing process, not a final state
- New vulnerabilities and attack methods emerge constantly
10.8.2 POTENTIAL SECURITY RISKS AND THREATS
YOUR USE OF ADTOM EXPOSES YOU TO MULTIPLE SECURITY RISKS, INCLUDING BUT NOT LIMITED TO:
A. CYBERATTACKS AND HACKING
- Unauthorized access to your account or data
- SQL injection, cross-site scripting (XSS), and other web vulnerabilities
- Advanced persistent threats (APTs) and targeted attacks
- Zero-day exploits and unknown vulnerabilities
- Brute force attacks on passwords
- Session hijacking and cookie theft
B. MALWARE AND MALICIOUS CODE
- Viruses, worms, trojans, and rootkits
- Ransomware that may encrypt your data or systems
- Spyware collecting your information without consent
- Keyloggers recording your keystrokes and credentials
- Backdoors allowing remote unauthorized access
- Cryptominers using your system resources
C. DATA BREACHES AND INFORMATION EXPOSURE
- Unauthorized disclosure of personal information
- Exposure of financial data including credit card numbers, bank accounts
- Leakage of advertising account credentials
- Publication of confidential business information
- Identity theft and fraud
- Exposure of API keys and access tokens
D. THIRD-PARTY PLATFORM RISKS
- Security breaches at Google, Meta, or other connected platforms
- Compromise of OAuth tokens and authorization credentials
- Data leakage through platform APIs
- Third-party service provider vulnerabilities
E. NETWORK AND INFRASTRUCTURE ATTACKS
- Distributed Denial of Service (DDoS) attacks
- Man-in-the-middle (MITM) attacks intercepting communications
- DNS hijacking and routing attacks
- Network intrusions and packet sniffing
10.8.3 BREACH NOTIFICATION - NO GUARANTEED TIMEFRAME
IF WE BECOME AWARE OF A SECURITY BREACH:
- We will notify affected users WHEN IT COMES TO OUR ATTENTION or is brought to our notice
- We make NO GUARANTEE of notification within any specific timeframe
- We are NOT BOUND by any "72-hour" or other mandatory notification period
- Notification timing depends on:
* When we discover or are informed of the breach
* The time required to investigate and understand the scope
* Legal and regulatory coordination requirements
* Technical complexity of the incident
IMPORTANT: Discovery of breaches may be significantly delayed. We may not be aware of a security incident for days, weeks, months, or potentially never.
10.8.4 NO LIABILITY FOR SECURITY INCIDENTS
AXIOMIQ AUTOMATION PRIVATE LIMITED AND ADTOM ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES RESULTING FROM:
- Hacking, unauthorized access, or cyberattacks
- Data breaches and information leakage
- Malware, viruses, ransomware, or other malicious code entering your systems
- Identity theft or fraudulent use of your information
- Financial losses from compromised payment information
- Exposure of advertising account credentials
- Business disruption or operational damage
- Damage to your computer systems, networks, or devices
- Corruption or loss of data
- Reputational harm or loss of customer trust
- Regulatory fines or legal liabilities resulting from security incidents
10.8.5 MALWARE AND VIRUS TRANSMISSION RISK
YOU ACKNOWLEDGE AND ACCEPT THAT:
- Cyberattacks against Adtom's systems MAY RESULT IN malware, viruses, or malicious code being transmitted to your computer, network, or systems
- Malware may spread from our systems to yours during a security incident
- Infected systems may damage your data, files, or hardware
- Your systems may be used as part of botnets or for further attacks
- We have NO LIABILITY for any malware or viruses that affect your systems, regardless of origin
10.8.6 FINANCIAL INFORMATION EXPOSURE
IF YOUR FINANCIAL INFORMATION IS EXPOSED OR STOLEN:
- We are NOT RESPONSIBLE for unauthorized charges or transactions
- We are NOT LIABLE for financial losses or identity theft
- You must take your own measures to protect your accounts
- You should monitor your financial accounts independently
- We recommend separate fraud protection and identity theft insurance
10.8.7 USER RESPONSIBILITY FOR SECURITY
YOU ACCEPT FULL RESPONSIBILITY FOR:
- Maintaining strong, unique passwords
- Enabling two-factor authentication (if available)
- Monitoring your account for suspicious activity
- Securing your own devices and networks
- Keeping your software and systems updated
- Using reputable antivirus and security software
- Backing up your critical data
- Responding to security incidents affecting your account
10.8.8 THIRD-PARTY SECURITY DEPENDENCIES
WE RELY ON THIRD-PARTY SERVICES (cloud hosting, payment processors, analytics, APIs) WHICH MAY HAVE THEIR OWN SECURITY VULNERABILITIES.
WE ARE NOT RESPONSIBLE FOR:
- Security breaches at third-party providers
- Vulnerabilities in third-party software or services
- Actions or omissions of third-party security teams
- Data protection failures by third parties
10.8.9 ASSUMPTION OF ALL SECURITY RISKS
BY USING ADTOM, YOU:
- ACKNOWLEDGE that perfect security is impossible
- ACCEPT all security risks associated with using online services
- ASSUME full responsibility for any security consequences
- AGREE to hold us harmless for all security incidents
- WAIVE any right to claim we guaranteed security
- RELEASE us from all security-related liability
10.8.1 SECURITY INCIDENT RESPONSE - BEST EFFORTS ONLY
If a security incident occurs:
- We will use REASONABLE EFFORTS to investigate and respond
- We make NO GUARANTEE of successful incident resolution
- We are NOT OBLIGATED to restore lost or compromised data
- We are NOT REQUIRED to compensate for any losses
- Our response will be on a "best efforts" basis only
11. TERM, RENEWAL, AND TERMINATION
11.1 Subscription Term
- Initial term specified in your Order (monthly, quarterly, or annual)
- Automatically renews for the same period unless cancelled
- Renewal rate may change with at least 30 calendar days' notice
11.2 Cancellation by You
You may cancel at any time:
- Go to Account Settings > Billing > Cancel Subscription
- Email hello@adtom.ai with subject "Cancellation Request"
- Cancellation effective at end of current billing period
- No refunds for unused time (except as provided in Refund Policy)
- Access continues until end of paid period
11.3 Termination by Us (For Cause)
We may suspend or terminate your account immediately if:
- You breach this Agreement (and do not cure within 14 calendar days of notice)
- You violate Google, Meta, or other third-party platform policies
- A platform requests we cease providing Services to you
- You engage in fraudulent, illegal, or harmful activities
- Your account is used for abuse, spam, or malicious purposes
- Payment is delinquent (after notice and opportunity to cure)
- You harm our reputation, business, or other customers
11.4 Effect of Termination
Upon termination or expiration:
- All access to Services ceases immediately
- You must pay all outstanding Fees
- We will delete or return Customer Data per your request (subject to retention requirements)
- Anonymized, aggregated data may be retained
- Provisions regarding Confidentiality, Indemnification, Limitation of Liability, and Dispute Resolution survive
11.5 Data Export
Before termination, export your data:
- Use account export features
- Request data export: hello@adtom.ai
- Provide at least 10 business days' notice before termination for large data exports
12. INDEMNIFICATION
12.1 Your Indemnification Obligations
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AXIOMIQ AUTOMATION PRIVATE LIMITED, ADTOM, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, AND ASSIGNS ("INDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING OUT OF OR RELATED TO:
a) Your use or misuse of the Services
b) Customer Data, including infringement of intellectual property or privacy rights
c) Your breach of this Agreement
d) Your violation of applicable laws or regulations
e) Your violation of third-party platform policies (Google Ads, Meta Ads, Shopify, WooCommerce, etc.)
f) Unauthorized access to or use of your account
g) Your failure to obtain required consents or authorizations
h) Claims by your customers, end-users, or third parties related to your advertising
i) Misleading, deceptive, or unlawful advertising content
j) Negligence or willful misconduct by you or your Additional Users
12.2 Indemnification Process
- Indemnified Party will promptly notify you of claims (delay does not waive your obligations unless you are materially prejudiced)
- You may control defense with counsel acceptable to Indemnified Party
- Indemnified Party may participate at own expense
- You may not settle without Indemnified Party's consent if settlement imposes obligations or admits liability
12.3 Third-Party Platform Actions
YOU SPECIFICALLY INDEMNIFY INDEMNIFIED PARTIES FOR:
- Suspension, termination, or penalties imposed by Google, Meta, Shopify, WooCommerce, or other platforms due to your actions
- Platform policy violations attributable to you
- Billing disputes or chargebacks with platforms
- Any damages Adtom incurs from your non-compliance with platform terms
13. DISCLAIMERS AND WARRANTIES
13.1 Service "As-Is"
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS
- UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS
- RESULTS OR OUTCOMES FROM SERVICES
13.2 No Guarantee of Results, Advertising Risk & Limitation of Liability
13.2.1 Nature of the Service
Adtom is a software platform that provides tools for advertising analytics, reporting, automation, and campaign management.
Adtom does not create, own, control, or guarantee advertising outcomes on any third-party advertising platform.
All advertising platforms (including Google Ads, Meta Ads, and others) operate independently and determine ad delivery, performance, approvals, and enforcement.
13.2.2 No Guarantee of Advertising Results
You expressly understand and agree that:
Advertising outcomes depend on numerous external factors beyond Adtom’s control, including market conditions, competition, audience behavior, platform algorithms, and policy changes.
13.2.3 User Responsibility for Advertising Decisions
All advertising decisions are your sole responsibility, including but not limited to:
This responsibility applies even if decisions are suggested, recommended, or automatically implemented by Adtom’s AI, automation, or optimization features.
13.2.4 Assumption of Advertising Risks
You acknowledge and accept that digital advertising inherently involves risks, including but not limited to:
You assume all risks and financial consequences arising from advertising activities conducted using Adtom.
13.2.5 Limitation of Liability – Advertising & Financial Losses
To the maximum extent permitted by law, Axiomiq Automation Private Limited and Adtom shall have no liability for:
No refunds, credits, reimbursements, or compensation will be provided for poor campaign performance or financial losses.
13.2.6 Shared Responsibility for Policy Compliance
While Adtom may provide best-effort safeguards such as policy warnings, automated checks (where supported by APIs), or guidance prompts, you remain solely responsible for ensuring that:
Adtom cannot guarantee detection or prevention of all policy violations, and its safeguards do not eliminate your compliance obligations.
13.2.7 Indemnification
You agree to indemnify, defend, and hold harmless Axiomiq Automation Private Limited, Adtom, and their affiliates from any claims, damages, losses, liabilities, or expenses arising from:
13.2.8 Absolute Cap on Liability
To the fullest extent permitted by law, Adtom’s total cumulative liability for any claim shall not exceed the lesser of:
This cap applies to all claims collectively, regardless of legal theory.
13.2.9 Waiver of Claims
You expressly waive any right to bring claims, lawsuits, or legal actions against Axiomiq Automation Private Limited or Adtom for:
13.2.10 No Warranties
Adtom is provided on an “as-is” and “as-available” basis. We do not warrant:
13.2.11 Severability
If any provision of this section is found unenforceable, the remaining provisions shall remain valid and enforceable to the maximum extent permitted by law.
13.2.12 Final Acknowledgment
By clicking “I Agree”, registering, or using Adtom, you confirm that you have read, understood, and unconditionally accepted this advertising risk disclaimer, limitation of liability, and waiver of claims.
You acknowledge that all advertising outcomes and financial consequences are your sole responsibility, and that Axiomiq Automation Private Limited and Adtom bear no liability for advertising performance or results of any kind.
13.3 Third-Party Services
WE DISCLAIM ALL LIABILITY FOR:
- Actions, policies, or changes by Google, Meta, Shopify, WooCommerce, or other platforms
- Downtime, outages, or disruptions of third-party services
- API changes or deprecations
- Platform policy enforcement or account suspensions
13.4 Force Majeure
WE ARE NOT LIABLE FOR DELAYS OR FAILURES DUE TO:
- Acts of God, natural disasters, pandemics
- War, terrorism, civil unrest
- Government actions or regulations
- Internet or infrastructure failures
- Third-party service outages
14. LIMITATION OF LIABILITY
14.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXIOMIQ AUTOMATION PRIVATE LIMITED, ADTOM, AND THEIR AFFILIATES SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR OPPORTUNITIES
- LOSS OF GOODWILL OR REPUTATION
- SERVICE INTERRUPTIONS OR DELAYS
- THIRD-PARTY ACTIONS OR PLATFORM SUSPENSIONS
This exclusion applies EVEN IF we have been advised of the possibility of such damages.
14.2 Cap on Liability
EXCEPT FOR:
- Your payment obligations (Fees)
- Your indemnification obligations
- Your violation of intellectual property rights
- Confidentiality breaches
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF:
(a) Fees paid by you in the 12 months preceding the claim, OR
(b) $100 USD
For free service users, our liability is capped at $10 USD.
14.3 Essential Basis of Bargain
YOU ACKNOWLEDGE AND AGREE THAT:
- These limitations are a fundamental basis of the bargain
- Adtom would not provide Services without these limitations
- These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability)
- These limitations apply even if remedies fail their essential purpose
14.4 No Liability for Platform Actions
WE ARE NOT LIABLE FOR:
- Google Ads, Meta Ads, or other platform account suspensions
- Denied API access or revoked permissions
- Policy violations determined by third-party platforms
- Refusal of platforms to approve ads or campaigns
- Platform billing disputes or chargebacks
15. CONFIDENTIALITY
15.1 Confidential Information
"Confidential Information" means non-public information marked as confidential or that reasonably should be considered confidential.
15.2 Obligations
Each party agrees to:
- Protect confidentiality using reasonable care (no less than it uses for its own confidential information)
- Use Confidential Information only for purposes of this Agreement
- Not disclose to third parties (except service providers under confidentiality obligations)
- Limit access to employees, contractors, and agents with a need to know
15.3 Exceptions
Confidential Information does NOT include information that:
- Is or becomes publicly available without breach
- Is rightfully received from a third party without confidentiality obligation
- Is independently developed without use of Confidential Information
- Is required to be disclosed by law (with notice to disclosing party unless prohibited)
16. MODIFICATIONS AND IMPROVEMENTS
16.1 Service Changes
We may modify Services at any time, including:
- Adding, removing, or changing features
- Updating interfaces or workflows
- Implementing new technologies
- Adjusting performance or capacity
We will provide notice of material changes that negatively impact functionality.
16.2 Maintenance and Downtime
We may perform maintenance with or without notice. We will use reasonable efforts to:
- Schedule during low-usage periods
- Minimize disruption
- Provide advance notice when feasible
17. CONSULTATION AND IMPLEMENTATION SERVICES
If you purchase Consultation or Implementation Services:
17.1 Scheduling and Cancellation
- Cancel or reschedule with at least 24 hours' notice
- Late cancellations (less than 24 hours) result in forfeited session
- No-shows are considered "voided" and non-refundable
- Late arrivals (1+ minutes for consultations, 15+ minutes for implementation) may forfeit session
17.2 Exceptions
Valid emergencies (at our discretion) may allow rescheduling without penalty.
17.3 Paused Subscriptions
If no session is scheduled within a month, we may pause your subscription until you notify us to resume.
18. AGENCY SERVICES (THE AGENCY BY ADTOM)
If you subscribe to The Agency by Adtom (managed advertising services):
18.1 Scope
- Full management of your digital advertising accounts
- Campaign creation, optimization, and monitoring
- Creative development and testing
- One brand or account per plan (unless otherwise agreed)
18.2 Management and Media Fees
- Management Fee: Charged monthly, quarterly, or annually
- Media Spend Fee: Charged monthly based on actual ad spend
- Fees are separate and cumulative
18.3 Communication
- Primary channel: Slack (or email if preferred)
- Working hours: Monday–Friday, 10:00 –18:00 India time
- Response times: Best effort during working hours
18.4 Customer Responsibilities
- Provide timely responses to Agency team requests
- Supply creative materials and account access
- Non-responsiveness for 2+ weeks may result in paused work
18.5 Cancellation
- Cancel anytime with at least 7 calendar days' notice ("no strings attached")
- Canceling Agency services does NOT cancel Adtom App subscription
- Adtom App billed separately
19. GENERAL PROVISIONS
19.1 Governing Law
This Agreement is governed by the laws of India, without regard to conflict of law principles.
19.2 Jurisdiction and Venue
All disputes shall be subject to the exclusive jurisdiction of courts in Jaipur, Rajasthan, India.
YOU WAIVE ANY OBJECTION TO JURISDICTION OR VENUE.
The prevailing party in litigation is entitled to recover reasonable attorney fees and costs.
19.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
19.4 Arbitration (Optional)
Disputes may be resolved through binding arbitration in Jaipur, India under the Arbitration and Conciliation Act, 1996.
19.5 Export Controls
You will not export or re-export Services in violation of export control laws.
19.6 Assignment
You may not assign this Agreement without our written consent.
We may assign freely, including to affiliates or in connection with merger, acquisition, or sale of assets.
19.7 No Third-Party Beneficiaries
This Agreement does not create rights for third parties.
19.8 Entire Agreement
This Agreement (including Orders, Privacy Policy, and referenced policies) constitutes the entire agreement and supersedes all prior agreements.
19.9 Severability
If any provision is invalid, the remaining provisions remain enforceable.
19.10 Notices
Notices to you: Email or in-platform notification
Notices to us: hello@adtom.ai or axiomiqautomation@gmail.com
Deemed received upon transmission (email) or posting (in-platform).
19.11 Independent Contractors
Parties are independent contractors. This Agreement does not create partnership, joint venture, or employment.
19.12 Survival
Provisions regarding Fees, Intellectual Property, Confidentiality, Indemnification, Disclaimers, Limitation of Liability, Governing Law, and other terms that by their nature should survive will survive termination.
19.13 Language
This Agreement is in English. Translations are for convenience only. English version controls.
19.14 Headings
Section headings are for convenience and do not affect interpretation.
20. Data Processing Addendum
Adtom processes customer advertising data as a data processor on behalf of customers. A Data Processing Addendum (DPA) compliant with GDPR Article 28 and other applicable data protection laws is available upon request. To request a DPA, please contact hello@adtom.ai.
CONTACT INFORMATION
For questions, support, or notices:
Email: hello@adtom.ai
Legal inquiries: axiomiqautomation@gmail.com
General inquiries: axiomiqautomation@gmail.com
Address:
Axiomiq Automation Private Limited
P. No. 14-A, Kanak Watika, Near Dhaka Nagar, Meena Wala
Jaipur – 302012, Rajasthan, India
Website: www.adtom.ai
21: AUTOMATIC BINDING AGREEMENT AND ACCEPTANCE
21.1 BINDING BY ACCESS AND USE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. AUTOMATIC ACCEPTANCE
By accessing, viewing, browsing, registering for, downloading, or using any part of Adtom (including the website, mobile apps, APIs, integrations, or any services), YOU AUTOMATICALLY AND IMMEDIATELY BECOME LEGALLY BOUND by this Agreement and all incorporated policies, WITHOUT ANY FURTHER ACTION REQUIRED.
B. USE CONSTITUTES AGREEMENT
Your use of Adtom, in any form or manner, constitutes:
- Full acceptance of all terms and conditions
- Legal agreement to be bound by all policies
- Acknowledgment that you have read and understood all terms
- Waiver of any right to claim you did not agree
- Consent to all provisions, including disclaimers and limitations of liability
C. NO USE WITHOUT ACCEPTANCE
You are EXPRESSLY PROHIBITED from accessing or using Adtom if you do not agree to ALL terms and policies. Any use without acceptance is:
- Unauthorized access
- Breach of contract
- Subject to immediate termination
- May result in legal action and liability for damages
D. DEEMED ACCEPTANCE
Whether or not you have:
- Clicked "I Accept" or "I Agree"
- Completed the registration process
- Read these Terms of Service or other policies
- Been presented with terms during signup
YOU ARE DEEMED TO HAVE ACCEPTED all terms if you access or use Adtom in any manner.
E. CONTINUING ACCEPTANCE
Your continued use of Adtom after any modifications to these terms constitutes automatic acceptance of the updated terms. You are bound by the current version posted at www.adtom.ai/terms.
21.2 INCORPORATED POLICIES - ALL BINDING
The following policies are incorporated into this Agreement by reference and are EQUALLY BINDING:
1. Privacy Policy (www.adtom.ai/privacy)
2. Data Deletion Policy (www.adtom.ai/data-deletion)
3. Refund and Cancellation Policy (www.adtom.ai/refunds)
4. Delivery Policy (www.adtom.ai/delivery)
5. Disclaimer (www.adtom.ai/disclaimer)
6. Cookie Policy (www.adtom.ai/cookies)
7. Any other policies referenced or linked herein
BY USING ADTOM, YOU AGREE TO ALL OF THESE POLICIES AS IF THEY WERE PART OF THIS AGREEMENT.
21.3 NO ORAL MODIFICATIONS
This Agreement and all policies can ONLY be modified in writing by Axiomiq Automation Private Limited. No oral agreements, representations, or promises by employees, agents, or representatives are binding.
21.4 ELECTRONIC ACCEPTANCE
You agree that:
- Electronic acceptance is legally binding
- Electronic signatures and records are valid
- Clicking "I Agree" or using Services constitutes electronic acceptance
- You waive any rights under laws requiring handwritten signatures
21.5 PROHIBITION ON UNAUTHORIZED USE
IF YOU DO NOT AGREE:
- You must NOT access or use Adtom
- You must immediately cease all use
- You must not create an account or register
- You must not connect any advertising or e-commerce accounts
- Any unauthorized use may result in legal liability
21.6 AFFIRMATIVE ACCEPTANCE REQUIRED
To use Adtom, YOU MUST:
- Be at least 18 years of age
- Have legal capacity to enter into binding contracts
- Have authority to bind your organization (if applicable)
- Agree to ALL terms and policies without reservation
- Accept full responsibility for your use of Services
21.7 ACKNOWLEDGMENT OF UNDERSTANDING
BY CLICKING "I AGREE," REGISTERING FOR AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:
21.8 NO USE IMPLIES NO AGREEMENT
Conversely, if you do NOT use Adtom, you are NOT bound by these terms. The Agreement is effective ONLY upon your access or use of Services.
21.9 SCOPE OF BINDING AGREEMENT
This binding agreement applies to:
- All users (individuals, businesses, organizations)
- All types of accounts (free, paid, trial)
- All features and services (current and future)
- All platforms (web, mobile, API)
- All geographies and jurisdictions
21.1 ACCEPTANCE ON BEHALF OF ORGANIZATION
If you use Adtom on behalf of a company, organization, or other entity:
- You represent that you have authority to bind that entity
- The entity is bound by these terms
- Both you and the entity are jointly and severally liable
- You personally guarantee the entity's compliance
21.11 NO RELIANCE ON ORAL STATEMENTS
You agree that you are NOT relying on any:
- Oral representations or promises
- Marketing materials or advertisements
- Statements by employees or agents
- Third-party reviews or testimonials
- Prior versions of terms or policies
You are relying SOLELY on the written terms posted at www.adtom.ai/terms.
21.12 INTEGRATION CLAUSE
This Agreement (including all incorporated policies) constitutes the ENTIRE AGREEMENT between you and Axiomiq Automation Private Limited. It supersedes all prior:
- Agreements, whether oral or written
- Negotiations or discussions
- Proposals or understandings
- Course of dealing or performance
- Industry customs or practices
21.13 BINDING ON SUCCESSORS
This Agreement binds and benefits:
- You and your successors, assigns, heirs, and representatives
- Axiomiq Automation Private Limited and its successors and assigns
- All affiliated entities and personnel
21.14 MANDATORY ARBITRATION AND JURISDICTION
BY AGREEING TO THESE TERMS, YOU AGREE TO:
- Exclusive jurisdiction in Jaipur, Rajasthan, India
- Waiver of jury trial
- Binding arbitration (if applicable)
- Individual claims only (no class actions)
21.15 FINAL CONFIRMATION
BY ACCESSING OR USING ADTOM:
- You CONFIRM your acceptance of all terms
- You ACKNOWLEDGE this is a binding contract
- You AGREE to all limitations of liability
- You WAIVE any right to claim non-acceptance
For complete terms, please also review:
1. Terms of Service (www.adtom.ai/terms)
2. Our Privacy Policy (www.adtom.ai/privacy)
3. Our Data Deletion Policy (www.adtom.ai/data-deletion)
4. Our Refund and Cancellation Policy (www.adtom.ai/refunds)
5. Our Delivery Policy (www.adtom.ai/delivery)
6. Our Disclaimer (www.adtom.ai/disclaimer)
7. Cookie Policy (www.adtom.ai/cookies)
8. All other policies referenced herein
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© 225 Axiomiq Automation Private Limited. All rights reserved.