Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or using Advertisingly’s website and related services (collectively referred to as the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must discontinue use of the Services immediately.

These Terms constitute a binding agreement between you (either an individual or a legal entity) and Advertisingly. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, and that you have the right, authority, and capacity to enter into and abide by these Terms.

If you are accessing the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.

2. Changes to Terms

Advertisingly may modify these Terms from time to time at its sole discretion. All changes are effective immediately upon posting to this page unless otherwise stated. It is your responsibility to regularly review the Terms for updates, as they are legally binding upon you.

Continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Advertisingly may notify users of material updates through email or website notifications, but is not obligated to do so. It is your responsibility to maintain a current and valid email address with us.

We encourage users to bookmark this page and review it frequently to stay informed of any modifications. Failure to review the Terms does not excuse you from complying with them.

3. Use of Services

You agree to use the Services solely for lawful and legitimate purposes in accordance with these Terms and all applicable local, state, national, and international laws and regulations.

As a condition of your use of the Services, you agree not to use the Services or permit others to use the Services for any purpose that is unlawful or prohibited by these Terms. This includes, but is not limited to, the following prohibited activities:

• Uploading or disseminating any unlawful, threatening, defamatory, obscene, abusive, or otherwise objectionable material;
• Impersonating any person or entity or falsely stating your affiliation with a person or entity;
• Engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or any third-party software, hardware, or equipment;
• Attempting to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services;
• Using the Services to send unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
• Reversing, engineering, disassembling, or decompiling any software or technology provided or used by the Services;
• Harvesting or collecting information about other users without their consent.

Any breach of this section may result in immediate termination of your access to the Services and may subject you to civil or criminal liability.

4. Intellectual Property

All content and materials on the Advertisingly website and within our Services — including but not limited to logos, graphics, website layout, images, videos, text, software code, design elements, brand assets, and underlying technology — are the exclusive property of Advertisingly or its licensors and are protected under United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal or internal business purposes. This license does not permit you to modify, reproduce, republish, upload, post, transmit, sell, license, or distribute any material from the Services without prior written consent from Advertisingly.

Any unauthorized use of our intellectual property constitutes a violation of these Terms and may result in civil or criminal liability. You agree not to use any of our content or trademarks in any manner that might cause confusion or suggest sponsorship, affiliation, or endorsement without express written permission.

5. User Submissions

By submitting any information, data, content, feedback, or suggestions to Advertisingly — whether via contact forms, email, customer portals, or other methods — you acknowledge that such submissions are non-confidential and become the sole property of Advertisingly.

You grant Advertisingly a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, distribute, publicly display, modify, and otherwise exploit such submissions in any manner and for any purpose, including marketing, analytics, service improvement, and promotional activities, without compensation or attribution to you.

You represent and warrant that you own or otherwise control all the rights to the content you submit and that the submission does not violate the rights of any third party, including intellectual property, privacy, or publicity rights. Advertisingly assumes no liability for user-generated content or for the conduct of users.

6. Privacy

At Advertisingly, your privacy matters. Our collection, storage, and use of personal information are governed by our Privacy Policy, which forms a part of these Terms and is fully incorporated herein.

By using the Services, you consent to the data practices outlined in our Privacy Policy, including the collection and processing of personally identifiable information, usage data, cookies, and communications. We take appropriate technical and organizational measures to protect your data, but we cannot guarantee complete security.

You understand and agree that internet transmissions are never completely private or secure and that any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

If you are a resident of a jurisdiction with specific privacy rights (e.g., California, the European Union), please refer to the appropriate section of our Privacy Policy for more information on your rights and how to exercise them.

7. Third-Party Links

Our website and Services may contain links to third-party websites, tools, or services ("Third-Party Services") that are not owned or controlled by Advertisingly. These links are provided for your convenience only and do not constitute an endorsement or recommendation of the content or services offered by third parties.

Advertisingly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services. When you leave our website, you do so at your own risk, and you should read the terms and privacy policies of those third-party sites.

We are not liable for any loss or damage that may arise from your use of any Third-Party Services. Any transactions you enter into with third parties are solely between you and those third parties. Advertisingly shall not be responsible or liable for any part of such dealings.

8. Disclaimer of Warranties

The Services provided by Advertisingly, including but not limited to the website, digital assets, marketing tools, client portal, and any content made available through the Services, are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness, or timeliness of the Services, nor do we warrant that they will meet your requirements or expectations.

To the fullest extent permissible by applicable law, Advertisingly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising out of course of dealing or usage of trade.

We do not guarantee that access to the Services will be uninterrupted, secure, or error-free, or that defects will be corrected in a timely manner. Advertisingly is not responsible for any damage to your computer system, loss of data, or other harm that results from your access to or use of the Services, including but not limited to viruses, malware, hacking attempts, or any harmful components transmitted through our platform or third-party integrations.

While we strive to maintain the highest level of service quality, reliability, and performance, you acknowledge and agree that use of our Services is at your sole risk. No advice or information, whether oral or written, obtained by you from Advertisingly or through the Services shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Advertisingly, its affiliates, officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

• Your access to or use of, or inability to access or use, the Services;
• Any unauthorized access to or use of our servers and/or any personal or financial information stored therein;
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Services by any third party;
• Errors, inaccuracies, or omissions in any content or information;
• Statements or conduct of any third party on or through the Services.

This limitation of liability applies regardless of the theory of liability — whether based on contract, tort (including negligence), strict liability, or otherwise — and even if we have been advised of the possibility of such damages.

In jurisdictions where limitations of liability are not permitted, our liability shall be limited to the fullest extent permitted by applicable law. In any event, Advertisingly’s total cumulative liability to you for any claim or series of claims will not exceed the amount paid by you, if any, for accessing the Services in the six (6) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Advertisingly, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of the rights of any third party, including without limitation intellectual property, privacy, or publicity rights;
• Any user content you submit, post, or transmit through the Services;
• Your conduct in connection with the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with us in asserting any available defenses.

11. Termination

Advertisingly reserves the right, at its sole discretion, to suspend, terminate, or restrict your access to all or part of the Services at any time, with or without notice and with no liability to you. This may include, but is not limited to, instances of actual or suspected breach of these Terms, fraudulent activity, or conduct that may harm Advertisingly’s reputation or operations.

Upon termination, your right to use the Services will immediately cease. Any licenses or rights granted to you under these Terms shall be automatically revoked. You agree that Advertisingly shall not be liable to you or to any third party for any suspension or termination of your access to the Services.

Any sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnity, and governing law.

12. Governing Law

These Terms and any dispute arising out of or in connection with your use of the Services shall be governed by and construed in accordance with the laws of the State of [Insert Jurisdiction], without giving effect to any principles of conflicts of law.

You agree that any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in [Insert County/State]. You waive any objection to the jurisdiction and venue of such courts.

You further acknowledge and agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. The failure of Advertisingly to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

13. Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

In the event that any provision is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, along with our Privacy Policy and any additional terms or agreements you may enter into with Advertisingly, constitute the entire agreement between you and us regarding the use of our Services. They supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Advertisingly.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure of Advertisingly to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If there are discrepancies between these Terms and any other documentation or communication, these Terms shall take precedence unless explicitly stated otherwise in a written and signed agreement.