Terms of Service

These terms govern the use of Ada, the AI media buyer for Meta advertising available at gettinkers.com and its subdomains (the "Service"). The Service is provided by Focken Awesome GmbH, Marienburger Straße 16, 10405 Berlin, Germany, registered with the Amtsgericht Charlottenburg under HRB 247840 B, VAT ID DE357949909 ("we", "us"). Our contact address is daniel@adsontap.io. The full company details are on the Imprint page.

The Service is offered to businesses only. By using it you confirm that you act in the exercise of your trade, business or profession within the meaning of section 14 of the German Civil Code (BGB), and not as a consumer. If you open a workspace on behalf of a company, you confirm that you are authorised to bind that company to these terms, and "you" means that company.

These terms apply exclusively. Your own general terms and conditions do not become part of the contract, even if we do not expressly object to them.

Ada reads a Meta ad account you connect and works on it in three ways:

• She watches. Ada reads campaigns, ad sets, ads, spend, results, creative files and the account's change history, checks them against the targets and rules you give her, and reports what she finds in the workspace, in chat and by email.
• She proposes. Ada suggests changes with her reasoning, such as pausing an ad, adjusting a budget, or duplicating an ad set, and analyses creatives and publicly visible competitor ads.
• She acts, when you let her. Where the account is set up for it and you have enabled it, Ada carries approved changes out in your ad account. Section 5 describes the controls.

The Service is delivered as software over the internet. We may improve, extend or change it as long as its essential functions are preserved. We may withdraw a function that is not essential to the Service, and we will tell you in advance where the change matters to you.

Ada is an analysis and execution tool. She is not an advertising agency, and her output is not legal, tax, financial or professional advice. The decisions about your advertising remain yours.

You use the Service through a workspace. A workspace belongs to one organisation and can hold several members with different roles. You are responsible for who you invite, for the roles you give them, and for everything done in the workspace by anyone using its credentials. Keep sign-in details confidential and tell us at once if you believe an account has been used without authorisation.

You must give us accurate registration and billing details and keep them current. You may not open a workspace for a company you are not authorised to represent, and you may not use the Service if we have previously closed a workspace of yours for a breach of these terms.

You connect a Meta ad account through Meta's own sign-in and consent dialog. By connecting an account you confirm that you own it or are authorised by its owner to grant the access you grant, and that letting Ada read and, where enabled, change the account does not breach any agreement you have with a client, agency or Meta.

Ada only ever uses the permissions you granted in that dialog. You can withdraw them at any time in your Meta Business settings or by disconnecting the account in the workspace. When you do, the parts of the Service that depend on that access stop working, and we delete the stored access token as the Privacy Policy describes.

Your use of Meta remains subject to Meta's own terms, including the Meta Advertising Standards and the Meta Platform Terms. We do not control Meta. Meta may change or restrict its interfaces, reject or remove ads, or suspend accounts, and none of that is within our influence.

Whether Ada may change anything in your ad account is decided by you, per account, through the control mode in the workspace:

• Watch only. Ada reads and reports. Nothing is changed.
• Approve each change. Ada proposes a change and carries it out only after a member with the appropriate role has approved that specific change in the workspace.
• Autonomous. Ada carries out changes of the kinds you have allowed without asking first, within the limits you have set. Switching an account to this mode requires a role that may commit spend on your side.

You can stop Ada at any time. A stop takes effect before her next change and is open to every member of the workspace. Ada does not delete campaigns, ad sets or ads, and any campaign or ad set she creates or duplicates is created paused.

Every change Ada makes is recorded with what was asked, what she did and what Meta reported back. Ada reports a change as made only when Meta's own answer confirms it; where that answer is missing, she reports it as unconfirmed and checks again rather than assuming.

You remain the advertiser. You are responsible for the advertising budget spent through your ad account, for the content and legality of your ads and landing pages, and for your compliance with Meta's policies and with the law that applies to your advertising. A change that you approved, or that you allowed by choosing a control mode and its limits, is your instruction to us, and we carry it out on your behalf.

Ada's analyses, findings, forecasts and recommendations are produced by machine-learning models from the data available to her. They can be incomplete or wrong, and past results say nothing certain about future results. Check anything you rely on, and do not treat a recommendation as a promise that a change will improve your results. We do not warrant any particular advertising outcome, return on ad spend, cost per result or growth.

Analyses of other advertisers' ads are drawn from Meta's public Ad Library and are offered as market observation. They reflect what was publicly visible when they were made and may be out of date.

You keep every right in the data Ada reads from your ad account, in the facts, targets and rules you teach her, in your ad creatives and in everything you write in the workspace ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free licence to store, process, analyse and display Your Content for the purpose of providing and securing the Service and, where you choose to have Ada act, carrying out your instructions. The licence ends when the contract ends, except for copies we must keep by law.

What we collect, why, how long we keep it and who processes it is set out in the Privacy Policy. Where we process personal data on your behalf, we do so as your processor under Article 28 GDPR. A data processing agreement is available on request at daniel@adsontap.io and forms part of the contract once concluded.

You warrant that you have every right and permission needed to give us Your Content and to have it processed as these terms describe, and that doing so infringes no third-party right. We may keep and use aggregated, de-identified information derived from the operation of the Service that cannot be linked back to you or your account.

The Service costs USD 249 per month for a workspace with one connected ad account, plus USD 99 per month for each additional ad account. Prices are stated net of VAT. For customers in Germany we add VAT at the statutory rate; for business customers elsewhere in the EU the reverse-charge mechanism applies once you give us a valid VAT ID; for customers outside the EU no German VAT is charged.

A new workspace begins with a free trial of seven days. No charge is made during the trial, and you can cancel before it ends at no cost. Unless you cancel, the paid subscription starts when the trial ends. A one-time discount of USD 100 on the first paid month is offered to a workspace that completes the setup checks shown in the workspace during its trial; the discount is applied to that first invoice and has no cash value.

Subscriptions are billed monthly in advance by card through our payment processor, Stripe. Fees are due on the date of the invoice. If a payment fails we will retry and notify you; if it remains unpaid fourteen days after the due date we may suspend the Service until it is settled and, after a further notice, terminate the contract. The statutory rules on default interest apply.

We may change our prices with at least thirty days' written notice (email suffices). A price change takes effect with the next billing period after the notice period. If you do not accept it, you may terminate the contract with effect from the date the change would take effect, and we will tell you so in the notice.

We aim to keep the Service available around the clock and to fix faults quickly, but we do not promise a particular availability. Planned maintenance is announced where we can, and we try to schedule it outside European business hours. The Service depends on Meta's interfaces and on third-party infrastructure and model providers; interruptions on their side are outside our control and are not a defect in the Service.

Support is provided by email at daniel@adsontap.io on business days. We answer as quickly as we reasonably can and give no fixed response times unless we have agreed them with you separately.

When using the Service you must not:

• connect an ad account you are not authorised to connect, or use the Service for advertising that breaks the law or Meta's policies;
• attempt to gain access to another customer's workspace or data, or probe, scan or test the security of the Service without our written permission;
• copy, modify, decompile or reverse engineer the Service, remove notices from it, or use it to build a competing product, except where the law permits;
• use automated means to extract data from the Service beyond the interfaces we provide, or resell or sublicense access to it;
• upload or enter content that is unlawful, infringes third-party rights or contains malicious code, or deliberately feed Ada false information about an account in order to cause changes in it.

If a workspace is used in breach of this section we may suspend it after notifying you, or without prior notice where the breach threatens the security of the Service or of other customers. We will lift the suspension once the breach is remedied.

The Service, including its software, models, prompts, designs, text and the name Ada, is our property or that of our licensors and is protected by copyright and other laws. These terms grant you a non-exclusive, non-transferable right to use the Service for your own business during the term of the contract, and nothing more. If you give us feedback or suggestions about the Service, we may use them without any obligation to you.

We provide the Service with the functions described in the workspace and on this site at the time of use. If the Service has a defect, notify us with a description that lets us reproduce it, and we will remedy it within a reasonable time. Your statutory rights in case of defects remain, subject to Section 13. Strict liability for defects that existed when the contract was concluded (section 536a paragraph 1 BGB, first alternative) is excluded.

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee or fraudulently concealed a defect.

For damage caused by slight negligence we are liable only where we have breached a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible at all and on whose fulfilment you regularly rely and may rely. In that case our liability is limited to the damage that is typical for this kind of contract and was foreseeable when the contract was concluded, and in total to the fees you paid us in the twelve months preceding the event that caused the damage.

Otherwise our liability for slight negligence is excluded. In particular, and subject to the two preceding paragraphs, we are not liable for advertising spend incurred through your ad account, for lost profit or revenue, or for the consequences of a change you approved or allowed under Section 5, of a decision you took on the basis of Ada's output, or of an action, outage or policy decision of Meta or another third party.

For the loss of data we are liable, within the limits above, only to the extent the loss could not have been avoided by the backups a prudent business keeps of its own data. Where the law limits the liability of our employees, officers and agents, these limits apply to them as well.

The contract begins when you open a workspace and runs for successive monthly periods. You may cancel at any time from the billing settings in the workspace or by email; the cancellation takes effect at the end of the current billing period, and we do not refund the remainder of a period already paid. We may terminate the contract with thirty days' notice to the end of a billing period.

Either party may terminate the contract for cause with immediate effect, in particular where the other party is in material breach of these terms and does not remedy the breach within fourteen days of being asked to, where a payment remains outstanding as described in Section 8, or where insolvency proceedings are opened over the other party's assets.

When the contract ends, your right to use the Service ends, Ada stops reading and changing your ad account, and we revoke the stored access tokens. You may export the data held in the workspace for thirty days after the end of the contract, after which we delete Your Content in accordance with the Privacy Policy, except where we must keep records by law. Sections 7, 11, 13 and 16 survive the end of the contract.

We may change these terms where a change is needed to reflect a new function, a change in the law or in Meta's requirements, or a change in how the Service is provided, and where the change does not upset the balance of the contract to your detriment. We will notify you of the change by email or in the workspace at least thirty days before it takes effect. If you do not object in writing before that date, the changed terms apply; we will say so in the notice. If you object, the contract continues under the old terms, and either party may then terminate it with effect from the end of the current billing period. Changes to prices follow Section 8.

These terms, together with the Privacy Policy and any data processing agreement concluded under Section 7, are the entire agreement between us about the Service. Side agreements, amendments and notices that these terms require to be in writing are valid by email.

You may set off claims against ours, or withhold payment, only where your claim is undisputed or has been finally decided by a court. You may transfer the contract or rights under it to a third party only with our written consent; we may transfer it to an affiliated company or to a successor to our business, and we will notify you if we do.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where you are a merchant, a legal entity under public law or a special fund under public law, the courts of Berlin have exclusive jurisdiction over any dispute arising from the contract. Should a provision of these terms be or become invalid, the remaining provisions stay in force.

These terms are written in English. Where a German version is published, the English version remains authoritative unless the German version says otherwise.

Questions about these terms? Email daniel@adsontap.io. Focken Awesome GmbH · Ada · gettinkers.com. Company details are on the Imprint page, and how we handle data is in the Privacy Policy.