This User Agreement (“Agreement”) constitutes a legally binding agreement between you (“Client” or “You”) and AI Dash (“Platform” or “We”). By creating an account, accessing, or in any way using the Platform’s advertising system services (“Services”), you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement. The Platform reserves the right to amend or modify this Agreement at any time; the revised version will be posted on the Platform, and your continued use of the Services after the revision’s effective date constitutes your acceptance of the revised Agreement.
2. Service Description and AI Enablement
The Platform provides advertising campaign management, optimization, monitoring, and reporting services based on programmatic advertising technology and Connected TV (CTV) delivery. The core value of the Services lies in integrating Artificial Intelligence (AI) and Machine Learning (ML) models to analyze the Client’s data assets for optimization services, including smart bidding, audience prediction, and optimization recommendations.
AI Results Disclaimer： The Client expressly understands and accepts that all optimization suggestions, predictions, or automated actions provided by the AI system are derived from probabilistic models and historical data, and the Platform makes no express or implied warranties regarding their outcomes. AI Dash shall not be liable for any business loss, exceeding of ad spend budget, or failure to meet performance targets incurred by the Client as a result of following or not following AI recommendations.
3. Client Data Asset Ownership and Use License
3.1 Data Asset Ownership (Core Term): The Client explicitly and exclusively owns all data generated or attributable to its account through the use of the Services, including but not limited to ad campaign settings, performance data, audience segmentation information, conversion data, and reporting metrics (collectively, the “Client Data Assets”).
3.2 Platform Limited Use License: The Client grants AI Dash and its affiliates a limited, non-exclusive, revocable, royalty-free, worldwide license to access, process, analyze, aggregate, and use the Client Data Assets during the Term of Service, solely for the following explicit purposes:
Service Fulfillment and Optimization: To operate, maintain, improve, and provide the Services to the Client, including optimizing the performance of the Client’s own ad campaigns.
Technical Maintenance and Compliance: For diagnosing service issues, technical support, and fulfilling legal or regulatory requirements.
Technical Maintenance and Compliance: For diagnosing service issues, technical support, and fulfilling legal or regulatory requirements.
3.3 Data Processing Restrictions: AI DASH commits to:
(a) Not sell, rent, transfer, or otherwise convey any personally identifiable Client Data Assets to any third party for its own independent commercial purposes, except with the Client’s written consent.
(b) Employ reasonable security measures to protect the security and confidentiality of the Client Data Assets.
4. Client Responsibilities and Warranties
The Client warrants that all advertising creatives, content, targeting data, and URLs uploaded by the Client are lawful, truthful, do not infringe upon any third party’s intellectual property or privacy rights, and comply with all applicable federal, state, and local laws and regulations. The Client warrants that it possesses all full rights and authorizations to provide and permit the Platform to use all data pursuant to this Agreement, including obtaining any necessary consumer consents (if applicable).
5. Intellectual Property
The Services, underlying AI algorithms, software, code, user interface, documentation, and any improvements or derivative works thereof are the exclusive property of AI Dash and its licensors. The Client retains the intellectual property rights to all uploaded ad creatives, trademarks, and brand identities.
6. Limitation of Liability and Indemnification
To the maximum extent permitted by applicable law, AI Dash shall not be liable for any indirect, incidental, special, punitive, or consequential damages. In no event shall the Platform’s total liability under this Agreement exceed the total Service fees actually paid by the Client to the Platform during the six months preceding the event giving rise to the claim. The Client agrees to defend, indemnify, and hold the Platform harmless from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to the Client’s breach of this Agreement or its warranties, infringement of any third-party rights by the advertising content, or non-compliance with any applicable laws or regulations.
7. Agreement Termination
Either party may terminate this Agreement upon thirty (30) days’ prior written notice to the other party. If a party materially breaches this Agreement and fails to cure the breach within fifteen (15) days after receipt of written notice, the other party may immediately terminate this Agreement. Following termination, AI DASH shall securely delete or return the Client Data Assets within a reasonably practicable period of ninety (90) days, but reserves the right to retain anonymized and aggregated data for the continued training and maintenance of its general AI models, provided that such data is no longer linked to the Client’s account.
8. General Provisions
This Agreement constitutes the entire agreement between the parties concerning the subject matter of the Services and supersedes all prior or contemporaneous oral or written communications. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.