Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the AcquityAI platform, website, and related services (collectively, the “Service”) provided by AcquityAI, Inc. (“AcquityAI,” “we,” “us,” or “our”).

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, do not use the Service.

1. Definitions

• “Agency” means the organization that creates a top-level account on the Service.
• “Agency Data” means all data uploaded, imported, generated, or created by an Agency or its authorized users through the Service, including client information, brand kits, content, metrics, and project data.
• “Client” means a workspace created under an Agency account to manage a specific client relationship.
• “Client Portal User” means an individual granted limited access to view dashboards, approve content, or track project progress through the Client Portal feature.
• “User” or “you” means any individual who accesses the Service, including Agency team members and Client Portal Users.
• “Subscription” means the paid plan selected by an Agency, which determines available features, client limits, and usage quotas.

2. Account Registration and Access

2.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Agency Responsibility

The Agency account owner is responsible for managing team member access, setting appropriate role-based permissions (owner, admin, manager, member), and ensuring all users under the Agency account comply with these Terms.

2.3 Client Portal Access

Agencies may invite Client Portal Users via magic link authentication. The Agency is responsible for managing Client Portal access and determining what information is visible to Client Portal Users. Client Portal Users are bound by these Terms when accessing the Service.

3. Subscription and Billing

3.1 Plans and Pricing

The Service is offered under subscription plans as described on our pricing page. Features, client limits, AI generation quotas, and integration limits vary by plan. We reserve the right to modify pricing with 30 days' notice.

3.2 Free Trial

New accounts may be eligible for a free trial period. No credit card is required during the trial. At the end of the trial period, you must select a paid plan to continue using the Service. If you do not subscribe, your account will be downgraded and access to premium features will be restricted.

3.3 Billing

Subscriptions are billed monthly or annually in advance. Payments are processed through our third-party payment processor (Stripe). All fees are non-refundable except as expressly provided in these Terms or required by applicable law.

3.4 Overages

If you exceed your plan's usage limits (e.g., client count, AI generations), we will notify you and may restrict access to certain features until you upgrade your plan. We will not charge overage fees without prior notice and consent.

3.5 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the paid period. After cancellation, your data is retained for 30 days, after which it is permanently deleted in accordance with our Privacy Policy.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Upload, transmit, or generate content that is defamatory, obscene, fraudulent, or that infringes on the intellectual property rights of others
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or connected third-party systems
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
• Use the Service to build a competing product or service, or to benchmark against a competing product or service
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure
• Share account credentials or allow multiple individuals to use a single user account
• Circumvent any usage limits, rate limits, or security measures of the Service
• Use the AI content generation features to produce content that is intentionally misleading, harmful, or designed to deceive consumers
• Resell, sublicense, or redistribute the Service or access to the Service without written authorization from AcquityAI

We reserve the right to suspend or terminate your access if we reasonably believe you are violating these Terms.

5. Intellectual Property

5.1 Your Data

You retain all rights to your Agency Data. By using the Service, you grant AcquityAI a limited, non-exclusive, worldwide license to use, process, and display your Agency Data solely as necessary to provide the Service. This license terminates when you delete your data or close your account.

5.2 AI-Generated Content

You own all content generated through the Service using our AI features. AcquityAI does not claim ownership of AI-generated content. You are solely responsible for reviewing, editing, and approving AI-generated content before publishing or distributing it.

5.3 Our Intellectual Property

The Service, including its design, code, algorithms, models, documentation, and branding, is owned by AcquityAI and protected by intellectual property laws. Nothing in these Terms grants you any right to use AcquityAI's trademarks, logos, or brand assets without prior written consent.

5.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant AcquityAI a non-exclusive, royalty-free, perpetual, irrevocable license to use and incorporate that feedback into the Service without obligation to you.

6. Third-Party Integrations

The Service allows you to connect third-party platforms (e.g., Google Ads, Meta Ads, Google Analytics, Shopify). By connecting an integration:

• You authorize AcquityAI to access data from those platforms on your behalf using OAuth authentication
• You represent that you have the authority to grant such access and that doing so does not violate any agreement with the third-party platform
• You acknowledge that third-party platforms are governed by their own terms and privacy policies, which AcquityAI does not control
• AcquityAI is not responsible for the accuracy, availability, or reliability of data provided by third-party platforms

You may disconnect any integration at any time from your account settings.

7. Data Processing and Security

We process your data in accordance with our Privacy Policy. For Agencies that require a Data Processing Agreement (DPA) for GDPR or other regulatory compliance, please contact us at legal@acquity.ai.

We implement industry-standard security measures including encryption in transit (TLS 1.2+), encryption at rest (AES-256-GCM for sensitive credentials), role-based access controls, and multi-tenancy isolation. For more details, see Section 6 of our Privacy Policy.

8. Service Availability

We target 99.9% uptime for the Service, excluding scheduled maintenance windows. We will make reasonable efforts to provide advance notice of scheduled maintenance.

The Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, error-free, or secure operation of the Service. We are not liable for any downtime, data loss, or service degradation caused by factors beyond our reasonable control, including third-party platform outages, internet connectivity issues, or force majeure events.

9. Disclaimers

9.1 AI-Generated Content

AI-generated content is provided as a starting point and may contain errors, inaccuracies, or content that does not meet your quality standards. You are solely responsible for reviewing and approving all AI-generated content before use. AcquityAI does not guarantee the accuracy, completeness, originality, or fitness for purpose of any AI-generated content.

9.2 Insights and Recommendations

AI-powered insights, anomaly detection, and recommendations are provided for informational purposes only and should not be treated as professional advice. You are responsible for exercising independent judgment before acting on any recommendation provided by the Service.

9.3 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ACQUITYAI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACQUITYAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

ACQUITYAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ACQUITYAI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless AcquityAI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you create, publish, or distribute using the Service, including AI-generated content you approve and publish
• Your use of data obtained through third-party integrations

12. Termination

12.1 By You

You may terminate your account at any time by canceling your subscription and requesting account deletion through your account settings or by contacting support@acquity.ai.

12.2 By Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You materially breach these Terms
• Your use of the Service poses a security risk to us or other users
• We are required to do so by law or a governmental authority
• Your account has been inactive for more than 12 consecutive months with no active subscription

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days following termination to allow you to export your data. After 30 days, your data will be permanently deleted. Sections 5, 9, 10, 11, 13, and 14 survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

13.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

14. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and AcquityAI regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: Neither party shall be liable for any failure to perform due to circumstances beyond its reasonable control, including natural disasters, war, pandemic, government action, or internet infrastructure failures.
• Notices: We may send notices to the email address associated with your account. You may send notices to legal@acquity.ai.

15. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will provide at least 30 days' notice by email or by posting a prominent notice on the Service. Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

16. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@acquity.ai
• Support: support@acquity.ai
• Mail: AcquityAI, Inc., Attn: Legal Team, [Address]