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Welcome to digiAd AI, a product of Xalt Analytics Private Limited ("Company," "we," "us," or "our"). digiAd AI is a software-as-a-service platform owned and operated by Xalt Analytics Private Limited, an Indian private limited company. These Terms of Use ("Terms," "Agreement") govern your access to and use of our website, platform, mobile applications, and related services (collectively, the "Service" or "Platform"). By accessing, browsing, or using digiAd AI, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
1.1 Binding Agreement
By creating an account, accessing our Platform, or using any of our Services, you enter into a legally binding contract with digiAd AI. If you do not agree to these Terms, you must immediately discontinue use of our Services.
1.2 Modifications
We reserve the right to modify, update, or revise these Terms at any time, in our sole discretion. Material changes will be communicated through email notification, in-platform notices, or by posting updates on our website with a revised "Last Updated" date. Your continued use of the Service following such modifications constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically to stay informed of any changes.
1.3 Additional Agreements
Certain features or services may be subject to additional terms, conditions, or policies. In the event of conflict between these Terms and any additional agreements, the additional agreements shall govern with respect to the specific feature or service in question.
2.1 Age and Legal Capacity
To use digiAd AI, you must be at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater. This requirement ensures that users possess the legal capacity to enter into binding contractual agreements. By accessing our Platform, you affirm that you meet this eligibility requirement. Persons under 18 are not permitted to use or register for the Services.
2.2 Corporate Authorization
If you are accessing digiAd AI on behalf of a company, organization, or other legal entity, you represent and warrant that you have the requisite authority to bind such entity to these Terms. You further agree that such entity will be responsible for any breach of these Terms by you or any other authorized users under the account.
2.3 Prohibited Users
We reserve the right to refuse service to any individual or organization at our discretion, including but not limited to:
2.4 Account Verification
We do not knowingly collect information from individuals under eighteen (18) years of age. If we discover that a user is underage, we reserve the right to immediately suspend or terminate their account and delete associated data without notice.
3.1 Platform Overview
digiAd AI is a comprehensive AI-powered advertising automation and marketing platform designed to streamline digital campaign management across multiple channels. Our Service enables users to create, manage, optimize, and analyze advertising campaigns through advanced artificial intelligence and machine learning technologies.
3.2 Core Features
Our Platform provides the following services and features:
3.3 Service Evolution
We may introduce new features, modify existing functionalities, or discontinue certain services as part of our ongoing platform development. Such changes may occur without prior notice, though we will make reasonable efforts to communicate significant modifications that materially affect user experience.
3.4 Service Availability
While we strive to maintain high service availability, we do not guarantee uninterrupted access or specific uptime percentages unless expressly covered under a separate Service Level Agreement (SLA). Our Service is provided on an "as available" basis.
4.1 Account Creation
To access most digiAd AI features, you must create a user account by providing accurate, complete, and current information, including:
4.2 Account Responsibilities
Upon account creation, you agree to:
4.3 Account Sharing Restrictions
Account credentials are personal and non-transferable. You may not:
4.4 Security Measures
We strongly recommend implementing additional security measures, including two-factor authentication, to protect your account. digiAd AI shall not be liable for losses resulting from unauthorized access due to your failure to adequately secure your credentials.
5.1 Legal Compliance
You agree to use digiAd AI in compliance with all applicable federal, state, local, and international laws, regulations, and industry standards. This includes but is not limited to advertising regulations, data protection laws, consumer protection statutes, and platform-specific policies of integrated third-party services.
5.2 Content Standards
You are solely responsible for all content you upload, create, or distribute through our Platform. You agree not to:
5.3 Platform Integrity
You agree not to:
5.4 Third-Party Platform Compliance
When using integrated third-party platforms (Google Ads, Meta, LinkedIn, Twitter, TikTok, Snapchat, WhatsApp, Twilio, etc.), you must comply with their respective terms of service and advertising policies. Violations of third-party policies may affect your campaign performance and could result in account restrictions on those platforms.
6.1 Subscription Model
Access to certain digiAd AI features requires a paid subscription. Subscription plans vary based on feature access, usage limits, and service levels. Current pricing and plan details are available on our website and may be updated from time to time.
6.2 Payment Authorization
By subscribing to our Service, you authorize digiAd AI to charge your designated payment method on a recurring basis according to your selected billing cycle. Accepted payment methods include major credit cards, debit cards, PayPal, and enterprise invoicing for qualified business accounts.
6.3 Billing Cycles and Fees
6.4 Price Changes
We reserve the right to modify subscription pricing with at least thirty (30) days advance notice to existing subscribers. Price changes will not affect your current billing cycle but will apply to subsequent renewals. Continued use of the Service after price changes constitutes acceptance of the new rates.
6.5 Payment Failures
In the event of payment failure (expired card, insufficient funds, etc.), we will attempt to notify you and may automatically retry payment processing. Repeated payment failures may result in service suspension until payment issues are resolved.
7.1 Trial Terms
To be decided
7.2 Trial Limitations
Free trial accounts may have restricted access to certain features, usage limits, or reduced service levels compared to paid subscriptions. Upon trial expiration, continued access requires upgrading to a paid subscription plan.
7.3 Promotional Offers
We may periodically offer promotional pricing, discounts, or special terms. Such offers are subject to specific terms and conditions communicated at the time of the promotion and may not be combined with other offers unless explicitly stated.
8.1 Subscription Cancellation
You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellations typically take effect within three (3) business days of the request.
8.2 Automatic Renewal
All subscriptions automatically renew at the end of each billing period unless explicitly canceled before the renewal date. You will be charged for the subsequent billing period unless cancellation is processed prior to renewal.
8.3 Refund Policy
General Policy: Subscription fees are generally non-refundable except as specifically provided herein or as required by applicable law.
Pro-Rata Refunds: In certain circumstances, we may offer pro-rated refunds for unused portions of prepaid subscription periods. If granted, refunds will be calculated as either:
Processing: Authorized refunds will be processed using the original payment method within ten (10) business days of approval.
8.4 No Refund Obligation
Except as required by applicable consumer protection laws, we are under no obligation to provide refunds for any reason, including dissatisfaction with the Service, changes in business needs, or failure to use the Service.
9.1 Platform Ownership
digiAd AI, including all software, AI models, user interfaces, databases, algorithms, designs, content, and branding elements, constitutes the exclusive intellectual property of digiAd AI and its licensors. This includes but is not limited to:
9.2 Usage Restrictions
You may not, without express written authorization:
9.3 User Content Ownership
You retain ownership of all original content you upload or input into our Platform, including advertising materials, customer data, brand assets, and campaign templates.
In addition, you shall own any AI-generated content (such as ad copy, images, or videos) created specifically for you through your use of the Platform, provided that:
By using the Service, you grant digiAd AI a worldwide, non-exclusive, royalty-free, sublicensable license to:
Notwithstanding the above, digiAd AI retains all rights, title, and interest in its AI models, algorithms, and any improvements thereto, including generalized learnings that do not reveal or replicate your proprietary content.
9.4 License Limitations
The license granted to digiAd AI is solely for operational and service delivery purposes. We do not claim ownership of your content and will not sell, license, or use your proprietary content for external commercial purposes without explicit authorization.
9.5 Enforcement
Unauthorized use of our intellectual property may result in immediate account termination, legal action for damages, injunctive relief, and suspension of access to integrated third-party services.
10.1 AI Content Services
digiAd AI utilizes advanced artificial intelligence to generate various types of marketing content, including:
10.2 Content Review Responsibility
You acknowledge and agree that all AI-generated content requires human review and approval before implementation. You are solely responsible for:
10.3 AI Content Limitations
While our AI models are continuously improved, we cannot guarantee that AI-generated content will:
10.4 Model Training and Data Usage
digiAd AI may use anonymized, aggregated data to train and improve our AI models. We do not use your proprietary campaign data or confidential business information for public model training without explicit opt-in consent.
11.1 Integration Services
digiAd AI provides seamless integration with numerous third-party advertising and communication platforms, including but not limited to Google Ads, Meta (Facebook & Instagram), LinkedIn, Twitter, TikTok, Snapchat, YouTube, WhatsApp, and Twilio.
11.2 Authorization and Access
By connecting your third-party accounts to digiAd AI, you explicitly authorize us to:
11.3 Third-Party Compliance
You remain solely responsible for:
11.4 Integration Limitations
digiAd AI is not responsible for:
11.5 Integration Availability
All integrations are provided "as is" and may be modified, limited, or discontinued at any time based on technical requirements, third-party policy changes, or business considerations.
12.1 Privacy Policy Incorporation
Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to review our Privacy Policy to understand our data practices.
12.2 Data Security
We implement industry-standard security measures to protect your data, including:
12.3 Regulatory Compliance
We strive to comply with applicable data protection regulations, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant privacy laws. Users subject to specific compliance requirements should contact us to discuss additional contractual arrangements.
12.4 Data Retention
We retain your data only as long as necessary to provide the Service, comply with legal obligations, or resolve disputes. Upon account termination, we will delete or anonymize your personal data according to our data retention policies, unless longer retention is required by law.
12.5 User Consent Obligations
When collecting or processing personal data through our Platform, you are responsible for:
13.1 Prohibited Activities
You agree not to engage in any of the following prohibited conduct:
13.2 Content Monitoring
We reserve the right, but are not obligated, to monitor user activity and content for compliance with these Terms and applicable laws. We may use automated systems and human review to detect violations and protect Platform integrity.
13.3 Enforcement Actions
Upon detecting violations of these Terms, we may take appropriate enforcement action, including:
13.4 Reporting Violations
We may report unlawful conduct to relevant law enforcement authorities and cooperate with investigations as required by law. We may also provide account and usage data in response to valid legal requests.
14.1 Service Commitment
We strive to maintain high service availability and performance standards. However, we do not guarantee uninterrupted service or specific uptime percentages except as may be specified in separate Service Level Agreements for enterprise customers.
14.2 Scheduled Maintenance
We may perform scheduled maintenance, updates, or improvements that temporarily affect service availability. We will provide reasonable advance notice of planned maintenance when possible.
14.3 Force Majeure
digiAd AI shall not be liable for service interruptions or performance delays caused by events beyond our reasonable control, including:
14.4 Beta Features and Experimental Services
We may offer access to beta features, experimental tools, or pre-release services for testing purposes. Beta features are provided "as is" without warranties and may be unstable, incomplete, or subject to change or discontinuation without notice.
15.1 Termination Rights
Either party may terminate this Agreement at any time. We reserve the right to suspend or terminate your account immediately, with or without notice, for:
15.2 Effect of Termination
Upon termination:
15.3 Data Export
We recommend downloading important campaign data, analytics, and content before requesting account termination, as data recovery may not be possible after account closure.
16.1 Feedback License
We welcome user feedback, suggestions, and ideas for improving our Service. By submitting feedback through any channel, you grant digiAd AI a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate your suggestions into our Platform and services without obligation or compensation.
16.2 No Confidentiality
Feedback submitted to us will not be treated as confidential information. We are under no obligation to implement suggestions or maintain confidentiality of submitted ideas, particularly if similar concepts were already under development.
16.3 Response Policy
While we appreciate all feedback, we cannot guarantee responses to every submission. We aim to acknowledge feedback through our support channels within reasonable timeframes during business hours.
17.1 Service Disclaimer
THE digiAd AI AI PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:
17.2 Performance Disclaimer
We do not guarantee that:
17.3 User Responsibility
You acknowledge that your use of digiAd AI is at your own risk and discretion. We encourage implementing best practices, reviewing all content before publication, and monitoring campaign performance regularly.
17.4 Third-Party Platform Disclaimer
Our platform offers tools to help you manage advertising campaigns across various platforms efficiently. However, please be aware that we cannot be held responsible for any account suspensions or policy violations that may occur on third-party platforms. We kindly encourage you to carefully review and comply with the advertising policies of each platform to ensure a smooth experience.
18.1 Liability Exclusion
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, digiAd AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:
18.2 Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO digiAd AI IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
18.3 Essential Purpose
The limitations in this section apply even if any limited remedy fails its essential purpose and regardless of whether we have been advised of the possibility of such damages.
18.4 Jurisdictional Variations
Some jurisdictions do not allow limitations on certain warranties or damages, so these limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
19.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless digiAd AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
19.2 Defense Rights
We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of such matters.
19.3 Notice Requirement
You must promptly notify us of any potential claims or disputes that may trigger your indemnification obligations under this section.
20.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Indore, Madhya Pradesh, India without regard to conflict of law principles. However, local consumer protection laws may apply where you reside.
20.2 Informal Resolution
Before initiating formal legal proceedings, both parties agree to attempt good-faith informal resolution by providing written notice of the dispute and allowing at least thirty (30) days for negotiation and resolution.
21.1 Electronic Communications
By using our Service, you consent to receive communications from us electronically, including account notices, billing alerts, security notifications, product updates, and legal notices. Electronic communications satisfy any requirement that communications be in writing.
21.2 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign this Agreement in connection with mergers, acquisitions, corporate restructuring, or sale of assets.
21.3 Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the Agreement shall remain in full force and effect.
21.4 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.
21.5 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements for specific services, constitute the entire agreement between you and digiAd AI regarding the subject matter herein and supersede all prior agreements, representations, or understandings.
21.6 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and digiAd AI. You are an independent user of our Service and may not represent yourself as our partner or agent.
For questions, support, or legal notices regarding these Terms, please contact us:
Company Name: Xalt Analytics Private Limited
Product: digiAd AI
Business Address:101-A, Mahakosh House, 7/5, Shreeram Nagar, South Tukoganj, Indore, Madhya Pradesh. 452001
Email: support@digiAd.ai
Support Hours: Monday through Friday, standard business hours
Response Time: We aim to respond to inquiries within 24-48 hours during business days
For legal notices, please include your full name, account information, and a detailed description of your inquiry. Mark urgent matters clearly in the subject line for expedited handling.
Effective Date: These Terms of Use become effective upon your first use of the Ad AI Platform and remain in effect until terminated in accordance with the provisions herein.
By continuing to use Ad AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.