Terms of Service

Last Updated: November 20, 2024

1. Acceptance of Terms

By accessing or using Adpacer AI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. Adpacer AI is operated by Blackhawk Digital Marketing.

2. Description of Service

Adpacer AI is an enterprise SaaS platform that provides:

  • Real-time budget pacing analysis for Google Ads campaigns
  • AI-powered insights and recommendations for advertising optimization
  • Multi-platform ad account management (Google Ads, Meta Ads, GA4)
  • Team collaboration tools and organization-based access control
  • Performance analytics and reporting with automated daily syncing

3. Account Registration and Security

3.1 Account Creation: You must create an account to use our Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Authentication: We use Google OAuth for authentication. By creating an account, you authorize us to access certain information from your Google account as necessary to provide the Service.

3.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

4. Organizations and Team Collaboration

4.1 Organization Structure: Users can create or join organizations to collaborate on managing advertising accounts. Organizations may have multiple members with different roles (Owner, Admin, Member, Viewer).

4.2 Shared Access: When you connect an advertising account to an organization, all members of that organization with appropriate permissions can view and manage that account's data and settings. Changes made by one member are visible to all members.

4.3 Organization Ownership: Organization owners have full control over the organization, including the ability to add/remove members, manage billing, and delete the organization.

5. Subscription and Billing

5.1 Paid Subscriptions: Access to certain features requires a paid subscription. Subscriptions are billed on a monthly or annual basis as selected during checkout.

5.2 Payment Processing: Payments are processed through Stripe, a third-party payment processor. You agree to provide valid payment information and authorize us to charge your payment method for subscription fees.

5.3 Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

5.4 Cancellation: You may cancel your subscription at any time through the billing portal. Cancellation will take effect at the end of the current billing period. No refunds are provided for partial billing periods.

5.5 Changes to Pricing: We reserve the right to modify subscription pricing with 30 days' notice. Pricing changes will take effect at your next renewal.

6. Acceptable Use

You agree not to:

  • Access advertising accounts without proper authorization from the account owner
  • Use the Service to violate any applicable laws or regulations
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Upload malicious code, viruses, or any harmful content
  • Interfere with or disrupt the Service or servers
  • Use the Service to send spam or unsolicited communications
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Resell or redistribute the Service without written permission
  • Use the Service in any way that could damage our reputation

7. Third-Party Services

7.1 Integrations: Our Service integrates with third-party platforms including Google Ads, Meta Ads, Google Analytics 4, and various AI service providers (Anthropic, OpenAI, Google). Your use of these integrations is subject to the respective third-party terms and conditions.

7.2 No Warranty for Third-Party Services: We are not responsible for any third-party services, their availability, functionality, or data handling practices. Changes to third-party APIs or services may affect our Service's functionality.

7.3 Google Services: When you connect your Google Ads or Google Analytics accounts, you authorize us to access your account data as necessary to provide the Service. We comply with Google API Services User Data Policy, including the Limited Use requirements.

8. Data Ownership and Usage

8.1 Your Data: You retain all rights to your advertising account data. We store and process this data solely to provide the Service.

8.2 License to Use Your Data: You grant us a limited license to access, store, process, and display your advertising data as necessary to provide the Service, including generating AI-powered insights and analytics.

8.3 AI Analysis: Your advertising data may be processed by AI services to provide insights and recommendations. This processing is performed in accordance with our Privacy Policy.

9. Intellectual Property

9.1 Our Rights: The Service, including all software, algorithms, designs, trademarks, and content (excluding your data), is owned by Blackhawk Digital Marketing and protected by intellectual property laws.

9.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes, subject to these Terms.

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimers and Limitation of Liability

11.1 Service Provided "As Is": THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee of Accuracy: While we strive for accuracy, we do not guarantee that AI-generated insights, budget recommendations, or analytics are error-free or will result in improved advertising performance.

11.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKHAWK DIGITAL MARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11.4 Maximum Liability: Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Termination

12.1 Termination by You: You may terminate your account at any time by canceling your subscription and ceasing to use the Service.

12.2 Termination by Us: We reserve the right to suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or for any other reason with or without notice.

12.3 Effect of Termination: Upon termination, your right to access the Service will immediately cease. We may delete your data in accordance with our data retention policies, though some data may be retained for legal or operational purposes.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law provisions.

14.2 Dispute Resolution: Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for violations of intellectual property rights.

15. Miscellaneous

15.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Blackhawk Digital Marketing regarding the Service.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

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

Blackhawk Digital Marketing
Email: help@adpacer.ai
Website: blackhawkdm.com