Terms of Service

1. Agreement to Terms

2. Eligibility

To use our Services, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Own or operate a Shopify store

By creating an account, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

To access our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.

4. Subscription and Billing

Subscription Plans

AdWyse offers a Pro Plan subscription:

• Pro Plan ($99/month): AI-powered ad attribution tracking, unlimited order tracking, Facebook/Google Ads integration, ROAS calculations, AI insights dashboard, and campaign analytics
• 7-Day Free Trial: All new accounts receive a 7-day free trial with full access to Pro features

Billing and Payment

• Subscriptions are billed monthly in advance
• Payment is processed securely through Shopify
• You authorize us to charge your payment method on each billing cycle
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice
• Failed payments may result in service suspension

Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that time. We do not provide prorated refunds for partial months.

5. Use of Services and Acceptable Use Policy

You agree to use our Services only for lawful purposes. You may NOT:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems
• Scrape, data mine, or reverse engineer the platform
• Use the Services to harass, abuse, or harm others
• Impersonate any person or entity
• Share your account credentials with others
• Resell or redistribute our Services without authorization
• Use the Services to track ad campaigns you don't own or have authorization to track

6. Intellectual Property Rights

Our Content

The Services, including all software, text, graphics, logos, and other content, are owned by AdWyse or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes. You may not copy, modify, distribute, or create derivative works without our written permission.

Your Content

You retain ownership of any order data, campaign information, or other content accessed through the Services ("Your Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Process and analyze Your Content to provide the Services
• Store Your Content on our secure servers
• Use anonymized, aggregated data to improve our Services

We will NOT share Your Content with third parties except as necessary to provide the Services or as required by law.

7. Third-Party Services and Data

Our Services integrate with third-party platforms (Shopify, Facebook Ads, Google Ads, Anthropic Claude AI). We are not responsible for:

• The accuracy, completeness, or reliability of third-party data
• Availability or downtime of third-party services
• Third-party pricing changes or service discontinuation
• Third-party terms of service or privacy policies
• Changes to Facebook/Google Ads APIs that affect functionality

Your use of third-party services is subject to their respective terms and conditions.

8. Disclaimers and Limitations of Liability

Service Limitations

When using our Services, you should:

• Verify attribution data accuracy against your ad platforms
• Understand that AI-generated insights are recommendations, not guarantees
• Make ad spending decisions based on your own judgment and analysis
• Comply with all advertising platform policies and regulations

Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Data provided will be 100% accurate, complete, or current
• Attribution tracking will capture 100% of orders (platform limitations may apply)
• Defects will be corrected immediately
• The Services will meet your specific requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADWYSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue from ad campaigns
• Loss of data or business interruption
• Incorrect attribution or ROAS calculations
• Ad spending decisions based on our insights
• Unauthorized access to your account
• Third-party platform failures or API changes

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless AdWyse and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising from:

• Your use of the Services
• Violation of these Terms
• Violation of any rights of another party
• Ad spending or campaign decisions made using our Services
• Violation of advertising platform policies

10. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Abusive behavior toward our team or other users
• Unauthorized use or sharing of account credentials

Upon termination, your right to use the Services immediately ceases. We may delete your account and data after a reasonable period, subject to our data retention policies and legal obligations.

11. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at support@adwyse.ca to attempt to resolve the dispute informally.

Binding Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration will be conducted in the United States or Canada.

Class Action Waiver

You agree to resolve disputes on an individual basis only and waive the right to participate in class actions or class arbitrations.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada and the United States, without regard to conflict of law principles.

13. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AdWyse regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.