Terms of Service

1. Acceptance of Terms

Welcome to Adsgenix. By accessing or using our platform at adsgenix.com ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Adsgenix ("we", "our", or "us"). By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Service Description

Adsgenix is an AI-powered marketing automation platform that provides:

• AI Content Generation: Automated creation of social media posts, ad copy, video scripts, and marketing content using advanced AI models (Anthropic Claude, OpenAI GPT)
• AI Video Generation: Professional video creation with AI avatars and voiceovers (powered by HeyGen)
• Campaign Management: Tools to create, manage, and optimize advertising campaigns on Meta (Facebook/Instagram) and Google Ads
• WhatsApp Automation: AI-powered customer communication via WhatsApp Business API
• Analytics & Insights: Performance tracking, competitor analysis, and marketing intelligence

We reserve the right to modify, suspend, or discontinue any feature at any time without prior notice.

3. Subscription Plans & Pricing

Billing Notes:

• All subscriptions auto-renew unless cancelled before the renewal date
• Indian users are currently billed in INR via Prime Gateway. USD pricing is displayed for reference
• After Prime Gateway KYC completion, all users will be billed in actual USD amounts
• Prices are subject to change with 30 days notice
• Sales tax or GST may apply based on your jurisdiction

4. AI Credits System

How AI Credits Work:

• Allocation: All plans include 200 AI Credits per month. Credits reset on your billing date.
• Usage: Each AI content request (post, ad copy, script) consumes credits based on complexity. Simple requests use 1–3 credits, complex requests may use 5–10 credits.
• Real-Time Deduction: Credits are deducted instantly when AI generates content.
• No Rollover: Unused credits do NOT carry over to the next month.
• No Refunds: Used credits cannot be refunded, even if you cancel your subscription. This is because we immediately pay AI providers for the computational resources.
• Monitoring: Track your credit balance in real-time on your dashboard.

What Happens If I Run Out of Credits?

• You can continue using all other platform features (campaign management, analytics, WhatsApp)
• New AI content generation will be blocked until credits reset on your next billing date
• You can upgrade to a higher tier or purchase additional credits (if available)

5. Video Credits System

Video Credits (Max Plan Only):

• Allocation: Max Monthly and Max Annual plans include 5 Video Credits per month.
• Reset: Credits reset monthly on your billing date.
• Usage: Each video generation (powered by HeyGen) consumes 1 Video Credit.
• Processing Time: Videos typically take 2–5 minutes to generate.
• Quality: Professional 1080p HD videos with AI avatars and voiceovers.
• No Refunds: Like AI Credits, Video Credits represent actual costs paid to HeyGen and are non-refundable once used.

Video Pack Purchases:

• Users on any plan can purchase Video Packs ($10 for 5 videos)
• Video Pack credits do NOT expire
• Can be used immediately after purchase
• Non-refundable once purchased

6. Payment & Billing Terms

Payment Processing:

• All payments are processed securely by Prime Gateway (for Indian users)
• We do not store complete credit card details on our servers
• You authorize Prime Gateway to charge your payment method for all fees

Subscription Billing:

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
• Billing Cycle: Monthly plans bill every 30 days. Annual plans bill every 12 months.
• Failed Payments: If a payment fails, we will retry up to 3 times over 7 days. If all retries fail, your account will be suspended.
• Price Changes: We will notify you 30 days before any price increases. Continued use after notification constitutes acceptance.

Refund Policy:

• Subscriptions are NON-REFUNDABLE
• If you cancel mid-cycle, you retain access until the end of your current billing period, but no refunds are issued
• AI Credits and Video Credits are non-refundable once used
• In cases of billing errors or technical issues preventing service access, contact support@adsgenix.com for resolution

Cancellation:

• You may cancel your subscription anytime from your account settings
• Cancellation takes effect at the end of the current billing period
• You will continue to have access until that date
• No partial refunds are provided for unused time

7. Third-Party Integrations & Compliance

Meta Platforms (Facebook, Instagram, WhatsApp):

• You must comply with Meta's Advertising Standards when creating and running ads
• You must comply with WhatsApp's Business Messaging Policy when using WhatsApp automation
• You are solely responsible for ad content and messaging. Adsgenix is NOT liable for policy violations, account suspensions, or ad rejections
• Meta may suspend your ad account or WhatsApp number for policy violations. We cannot reverse Meta's decisions.

Google Services:

• You must comply with Google Ads policies
• Your use of Google integrations indicates acceptance of Google's API Terms of Service
• We adhere to the Google API Services User Data Policy

Ad Budget Liability:

• Important: Ad spend is charged directly to your Meta or Google billing accounts — NOT to Adsgenix
• We do not handle or process your advertising budget
• You are solely responsible for setting, monitoring, and managing your ad budgets
• We are NOT liable for accidental overspending, campaign performance, or billing disputes with Meta/Google

8. Account Responsibilities

Your Obligations:

• Provide accurate, complete, and current account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access or security breaches
• Accept all risks of unauthorized access resulting from your failure to secure your account
• Use the Service only for lawful purposes and in compliance with all applicable laws

Prohibited Uses: You agree NOT to:

• Violate any local, national, or international laws or regulations
• Create, distribute, or promote illegal, harmful, deceptive, or discriminatory content
• Violate Meta's, Google's, or WhatsApp's policies
• Engage in spam, phishing, or unauthorized bulk messaging
• Attempt to reverse-engineer, hack, or disrupt our platform
• Infringe on third-party intellectual property rights
• Misrepresent your identity or business information
• Resell or sublicense access to Adsgenix without written permission
• Use the platform to train competing AI models

Consequences of Violation: Violation may result in immediate account termination without refund, legal action, and reporting to relevant authorities.

9. AI-Generated Content — Disclosure & User Responsibilities

AI Technology Disclosure: Adsgenix uses Claude AI by Anthropic (and optionally OpenAI GPT models) to generate marketing content, ad copy, captions, and campaign strategies on your behalf. By using our Service, you acknowledge and agree to the following:

What Adsgenix Provides:

• ✅ AI-generated drafts of ad copy, captions, and marketing content
• ✅ Campaign structure suggestions and targeting recommendations
• ✅ Content safety screening (prohibited keyword detection)
• ✅ Platform-specific formatting guidance

What You Are Responsible For:

• ❌ Accuracy of all claims in AI-generated content (prices, offers, product details)
• ❌ Compliance with applicable advertising laws (ASCI, Consumer Protection Act, etc.)
• ❌ Ensuring content does not infringe third-party intellectual property
• ❌ Final approval before publishing any ad or post
• ❌ Any consequences arising from publishing AI-generated content without review

Meta "Altered Content" Labeling Requirement:

Meta (Facebook/Instagram) requires advertisers to disclose when ad content has been materially altered or generated using AI tools. If you use Adsgenix-generated content in Meta Ads:

• You must apply the "Altered content" label in Meta Ads Manager where required by Meta policy
• This applies to AI-generated images, videos with synthetic voices, and digitally altered media
• Failure to comply may result in ad rejection or account suspension by Meta — Adsgenix is not liable for such outcomes
• See Meta's policy: facebook.com/policies/ads

Indemnification for Content Violations: You agree to indemnify and hold harmless Adsgenix, its officers, employees, and partners from any claims, damages, fines, penalties, or legal costs arising from:

• Publishing AI-generated content without adequate review
• Violations of Meta, Google, WhatsApp, or any other platform's advertising policies
• False, misleading, or infringing content published using our platform
• Non-compliance with applicable advertising laws in your jurisdiction

10. WhatsApp Business API — No-Spam Warranty

By connecting your WhatsApp Business account to Adsgenix, you warrant and certify that:

• ✅ You will only send messages to users who have given explicit, documented opt-in consent to receive messages from your business
• ✅ You maintain verifiable records of all opt-ins (date, method, and contact details)
• ✅ You will immediately honour all opt-out requests within 24 hours
• ✅ All message templates submitted comply with WhatsApp's content policies
• ✅ You are a legitimate business with authority to use the registered WhatsApp Business number

Prohibited Actions — You MUST NOT:

• ❌ Send unsolicited marketing messages (spam) to any contact
• ❌ Use purchased, rented, scraped, or third-party contact lists
• ❌ Send bulk promotional messages to users who have not opted in
• ❌ Use WhatsApp automation to harass, deceive, or defraud recipients
• ❌ Transmit illegal content, malware, or phishing links via WhatsApp
• ❌ Impersonate another business or individual
• ❌ Circumvent WhatsApp's rate limits or template approval process

Valid Opt-In Methods: Acceptable opt-in mechanisms include:

• Website forms with clear WhatsApp messaging consent checkbox
• In-store sign-ups with written consent
• Inbound WhatsApp messages where user initiates contact
• Loyalty programme enrolment with explicit WhatsApp consent

No-Spam Certification: By activating WhatsApp features on Adsgenix, you certify under penalty of account termination that your use complies with all applicable anti-spam laws including the Information Technology Act, 2000 (India), TRAI regulations, and WhatsApp's Business and Commerce Policies.

Consequences of Violation:

• Immediate suspension of your Adsgenix WhatsApp integration
• Reporting to Meta/WhatsApp, which may result in permanent ban of your WhatsApp Business number
• Account termination without refund of any subscription fees or AI credits
• Liability for any fines, penalties, or damages arising from your spam activity

Full WhatsApp Business Policy: business.whatsapp.com/policy

11. Intellectual Property

Adsgenix IP: All platform code, design, branding, algorithms, AI prompts, and non-user-generated content are the exclusive property of Adsgenix. You may not copy, reproduce, distribute, or create derivative works without explicit written permission.

Your Content:

• You retain ownership of all business information, original content, and data you upload
• By using our Service, you grant Adsgenix a limited, non-exclusive license to use this content solely to provide and improve our services
• AI-Generated Content: Content created by our AI using your business data belongs to you and may be used commercially without restriction
• You are responsible for ensuring you have rights to any third-party content you upload

AI Model Training Opt-Out: We explicitly opt-out of allowing AI providers (Anthropic, OpenAI, HeyGen) to use your data for training their general-purpose models.

12. Account Termination

By You:

• Cancel subscription anytime from account settings
• Access continues until end of billing period
• Account and data may be deleted 30 days after cancellation (see Privacy Policy for GDPR-compliant deletion)

By Adsgenix:

• We reserve the right to suspend or terminate your account immediately, without prior notice or refund, if you:
  • Violate these Terms
  • Engage in fraudulent activity or payment disputes
  • Abuse platform resources or attempt security breaches
  • Are required by law or court order
• We may also terminate inactive accounts (12+ months of non-use) after 30 days notice

13. Disclaimers & Limitations of Liability

No Warranties:

• We do not warrant that the Service will be uninterrupted, error-free, or free of viruses
• We do not guarantee the accuracy, completeness, or quality of AI-generated content
• We do not guarantee specific marketing results, ROI, or campaign performance
• Third-party integrations (Meta, Google, WhatsApp) may change or discontinue at any time

Limitation of Liability:

• To the fullest extent permitted by law, Adsgenix and its founders, officers, employees, and agents shall NOT be liable for:
  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of revenue, profits, data, or business opportunities
  • Costs of substitute services
  • Campaign performance, ad rejections, or account suspensions by third parties
• Maximum Liability: Our total liability to you for any claim shall not exceed the amount you paid us in the 3 months preceding the claim

AI Content Disclaimer:

• AI-generated content may contain errors, inaccuracies, or inappropriate material
• YOU are responsible for reviewing, editing, and approving all AI-generated content before publication
• We are NOT liable for consequences of publishing unreviewed AI content

14. Indemnification

You agree to indemnify, defend, and hold harmless Adsgenix and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of third-party rights (including Meta, Google, WhatsApp policies)
• Content you create, upload, or publish via our platform
• Ad campaigns you run using our tools

15. Governing Law & Dispute Resolution

Jurisdiction: These Terms are governed by the laws of India. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of India.

Dispute Resolution Process:

1. Informal Resolution: Before initiating formal proceedings, contact us at legal@adsgenix.com to attempt informal resolution
2. Mediation: If informal resolution fails, parties agree to attempt mediation
3. Arbitration/Litigation: Only after exhausting informal methods may parties pursue binding arbitration or litigation

Class Action Waiver: You agree to resolve disputes individually, not as part of any class or representative action.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via:

• Email to your registered address
• Prominent notice on the platform
• Updated "Last updated" date at the top of this page

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree, you must cancel your subscription and stop using the Service.

17. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Adsgenix.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver of future enforcement.

Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations without notice.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, internet outages, third-party service failures).

18. Contact Information

For questions about these Terms, please contact: