1. About these Terms
These Terms of Service ("Terms") govern access to and use of adRobin (the "Service"), an online platform for planning, creating, publishing and measuring marketing campaigns with the help of artificial intelligence. The Service is provided by Code Angels Unipessoal, Lda., a company registered in Portugal with tax number (NIPC) 517335735, with registered office at Loures, Portugal ("we", "us", "our").
By creating an account, ticking the acceptance box or using the Service, you accept these Terms on behalf of the business you represent (the "Customer", "you"). If you do not accept them, do not use the Service.
The following documents form part of these Terms: the Privacy Policy, the Cookie Policy, the Fair Use Policy, the Cancellation and Refund Policy and the Data Processing Agreement.
2. Business customers only
The Service is intended exclusively for businesses and professionals acting for purposes related to their trade, business or profession. It is not offered to consumers.
By accepting these Terms you declare that:
- you are acting on behalf of a company, sole trader or other professional entity, and not as a consumer;
- you have authority to bind that entity to these Terms;
- the tax identification you provide (Portuguese NIF, EU VAT number or equivalent business registration) belongs to that entity.
Because the Service is supplied business-to-business, the consumer protection rules that apply to distance contracts with consumers, including the right of withdrawal, do not apply.
3. Account and security
- You must provide accurate and complete information and keep it up to date, including your billing details.
- You are responsible for all activity under your account and for keeping your credentials confidential. Enable two-factor authentication where available.
- Each account belongs to a single business. Accounts may not be shared with, or used on behalf of, unrelated businesses unless your plan expressly allows it.
- Tell us immediately at [email protected] if you suspect unauthorised use of your account.
4. The Service
- The features available to you depend on your plan, as described on the pricing page and in the app.
- We may improve, change or discontinue features. If a change materially reduces a paid feature you rely on, we will give you reasonable notice, and you may cancel as described in section 14.
- Features marked as "beta", "preview" or "experimental" are provided for evaluation, may change at any time and are excluded from any service commitment.
- We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance and events outside our control may cause interruptions.
5. AI-generated content
The Service uses artificial intelligence models, including models provided by third parties, to generate strategies, texts, images, layouts, analyses and other outputs ("Outputs").
- Outputs are generated automatically and may be inaccurate, incomplete, inappropriate or similar to content generated for others. They are suggestions, not professional advice.
- You must review every Output before publishing or using it. You are solely responsible for deciding what to publish and for ensuring that published content is truthful, lawful and compliant with advertising law, consumer law, intellectual property rights and the policies of the platforms where it is published (for example, Meta's advertising policies).
- We do not guarantee any commercial result, including reach, clicks, conversions, sales or return on advertising spend.
6. Your content and licences
- You keep all rights in the materials you upload or provide, such as brand assets, logos, product information, images, texts and instructions ("Customer Content").
- You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, adapt and transmit Customer Content only as needed to provide, secure and support the Service for you, including sending it to the service providers listed in the Privacy Policy and the Data Processing Agreement.
- To the extent we hold any rights in the Outputs generated for you, we assign them to you, or, where assignment is not possible, grant you an exclusive, perpetual licence to use them. This does not cover third-party materials, or elements of the Service itself such as templates and layouts, which you may use only within the Outputs.
- You declare that you hold all rights and permissions needed for the Customer Content, including the consent of any identifiable person shown in images you upload.
- If you send us suggestions or feedback, we may use them freely, without any obligation to you.
7. Acceptable use
You may not use the Service to:
- create or publish content that is unlawful, misleading, defamatory, discriminatory, hateful, sexually explicit, violent, or that infringes the rights of others;
- advertise products or services that are prohibited or restricted by law or by the policies of the platforms where the content will be published, without meeting the applicable requirements;
- process personal data without a valid legal basis, or upload special categories of personal data unless strictly necessary and lawful;
- import or copy content from websites that you do not own or are not authorised to use;
- access the Service by automated means (scripts, bots, scraping) except through interfaces we provide for that purpose, or circumvent usage limits, rate limits or security measures;
- resell, sublicense or provide the Service to third parties, or use one account for several unrelated businesses, unless your plan expressly allows it;
- reverse engineer the Service, or use it or its Outputs to develop a competing product or to train artificial intelligence models;
- introduce malware or interfere with the operation or security of the Service or of other customers' accounts.
We may remove content, block publications or suspend access that breaches this section, as described in section 15.
8. Third-party services
The Service integrates with third-party services, such as Meta (Facebook and Instagram), social login providers, payment and invoicing providers and artificial intelligence model providers.
- Your use of those services is governed by their own terms and policies. You must comply with them, in particular Meta's terms and advertising policies.
- Advertising spend on Meta is charged by Meta directly to your own ad account. It is not part of our fees, and we do not advance or guarantee it.
- We are not responsible for the availability, changes or decisions of third-party services, including the rejection of ads, restriction of accounts or changes to their interfaces. We will make reasonable efforts to adapt the Service when they change.
- You may disconnect third-party accounts at any time in the app.
9. Free trial
- New businesses may be offered a free trial, without a payment card. The length of the trial and the credits included are shown in the app when the trial starts. We may extend a trial at our discretion.
- One trial per business. Creating several accounts to obtain additional trials is not allowed and may lead to the closure of the accounts involved.
- When the trial ends and no paid plan has been chosen, the account moves to a free, view-only plan. You keep access to your existing campaigns and data, but generation features are disabled until you subscribe.
10. Plans, credits and fair use
- Paid plans, one-off packs and add-ons are described on the pricing page and in the app, including their price, credits, limits and features.
- Some plans include a monthly allowance of credits that are consumed when you use AI features, according to the credit costs shown in the app before each action. Other plans have no credit meter and are subject to the Fair Use Policy.
- Credits have no monetary value, cannot be exchanged for money, transferred or sold, and are valid only within the Service, under the expiry and rollover rules shown in the app.
- If a generation fails for technical reasons on our side, the credits used are returned automatically.
- Rate limits and other technical limits apply to all plans to protect the Service.
11. Prices, taxes and invoicing
- Prices are shown in euros and exclude VAT, unless stated otherwise.
- VAT is applied according to Portuguese law and depends on your location and tax status:
- for customers established in Portugal, Portuguese VAT is charged at the rate applicable to the region where the customer is established;
- for business customers established in another EU Member State with a valid VAT number, and for business customers established outside the EU, the service is invoiced without Portuguese VAT under the reverse charge mechanism ("IVA – autoliquidação"). You are responsible for self-assessing any tax due in your country.
- You must provide a valid tax identification and billing address, and keep them up to date. We may validate EU VAT numbers in the VIES system. If a number becomes invalid, we may charge Portuguese VAT on later invoices until a valid number is provided.
- Invoices are issued through invoicing software certified by the Portuguese Tax Authority, communicated to it as required by law, sent by email and made available in the app. Payment confirmations produced by the payment processor are not invoices.
12. Payment and renewal
- Payments are processed by our payment provider, Stripe. We do not store full payment card details.
- Subscriptions renew automatically at the end of each billing period (monthly or annual) for the same period, at the price then in force, until cancelled. By subscribing, you authorise us to charge your payment method for each renewal and for any one-off purchases you make.
- Your bank may ask you to authenticate some payments (for example with 3D Secure).
- If a payment fails, we will retry it and notify you. During this time your account enters a grace period. If the payment is still not received at the end of the grace period, the account moves to the free, view-only plan until payment is regularised.
- If you believe a charge is wrong, contact us at [email protected] before disputing it with your bank. We will review it promptly. Unjustified chargebacks may lead to suspension of the account.
13. Changes to prices and plans
We may change prices, credits, limits and plan features. We will notify you by email or in the app at least 30 days before any change that is less favourable to you takes effect. The change applies from your next renewal after that date. If you do not agree, you may cancel before it takes effect.
14. Cancellation and refunds
- You can cancel your subscription at any time in the app. Cancellation takes effect at the end of the billing period already paid, and you keep access until then.
- Refunds are governed by the Cancellation and Refund Policy.
- Where mandatory rules on switching between data processing services apply (including Regulation (EU) 2023/2854, the "Data Act"), you may terminate the contract in order to switch provider by giving notice, and we will assist you as those rules require. The notice period will never exceed two months.
15. Suspension and termination
We may suspend or restrict access to the Service, in whole or in part, where reasonably necessary:
- if you breach these Terms, in particular sections 2, 7 or 12;
- in case of suspected fraud, abuse, or unauthorised or unlawful use;
- to protect the security of the Service, other customers, or our standing with third-party platforms;
- if required by law or by a competent authority.
Where appropriate, we will notify you in advance and give you an opportunity to remedy the situation. We may terminate the contract if a serious breach is not remedied within 15 days of notice, or immediately in cases of fraud or serious illegality. You may terminate the contract at any time by cancelling your subscription and closing your account.
16. Effects of termination and your data
- After termination you can export your Customer Content for 30 days, using the export features available in the app or by request to [email protected]. After that period we will delete or anonymise it, except where we must keep it by law (for example invoices, which are kept for the period required by Portuguese tax law).
- Sections that by their nature should survive termination (including sections 6, 18, 20, 21, 22, 25 and 26) remain in force.
17. Data protection
- We process personal data about the users of your account, as controller, as described in the Privacy Policy.
- Where we process personal data contained in Customer Content on your behalf, we act as your processor under the Data Processing Agreement, which forms part of these Terms.
18. Confidentiality
Each party will keep confidential the non-public information received from the other party that is identified as confidential or should reasonably be understood to be confidential. It will use that information only to perform these Terms. This obligation does not apply to information that is or becomes public without breach, that was lawfully known before, or that must be disclosed by law.
19. Intellectual property of the Service
The Service, including its software, design, templates, trademarks and documentation, belongs to us or our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during the subscription. No other rights are granted.
20. Warranties
We will provide the Service with reasonable care and skill. Except as expressly stated in these Terms and to the extent permitted by law, the Service is provided "as is" and "as available", without any other warranty, including warranties of fitness for a particular purpose or of results.
21. Limitation of liability
- Neither party is liable for indirect or consequential damage, including loss of profits, revenue, business opportunity or goodwill, advertising spend, or the cost of substitute services.
- Our total liability arising from or in connection with these Terms is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim.
- These limitations do not apply to liability for wilful misconduct or gross negligence, for death or personal injury, or to any other liability that cannot be limited or excluded under applicable law.
22. Your responsibility
You will be responsible for, and will compensate us for, damages, costs and reasonable legal fees resulting from third-party claims arising from Customer Content, from content you publish through the Service, or from your breach of these Terms or of applicable law.
23. Force majeure
Neither party is liable for failure or delay in performing its obligations caused by events beyond its reasonable control, such as natural disasters, pandemics, war, acts of authorities, widespread failures of electricity, telecommunications or cloud infrastructure, or attacks on computer systems. This does not apply to payment obligations.
24. Changes to these Terms
We may update these Terms. We will notify you of material changes by email or in the app at least 30 days before they take effect. If you do not agree, you may cancel before the changes take effect. Continued use of the Service after that date means you accept the updated Terms. The version and date of these Terms are shown at the top of this page.
25. General provisions
- These Terms are the entire agreement between the parties about the Service and replace any prior agreement on the same subject, unless a separate written agreement has been signed.
- You may not assign your rights under these Terms without our consent. We may assign them to a company of our group or in the context of a transfer of business, with notice to you.
- If any provision is found invalid, the remaining provisions remain in force.
- Failure to enforce a right is not a waiver of it.
- Communications will be made electronically, to the email address associated with your account or through the app.
- These Terms are available in several languages. If there is any discrepancy between them, the Portuguese version prevails.
26. Governing law and jurisdiction
These Terms are governed by Portuguese law. The courts of Lisboa Norte have exclusive jurisdiction over any dispute arising from them, without prejudice to mandatory rules on jurisdiction.
27. Contact
Code Angels Unipessoal, Lda. · Loures, Portugal · [email protected]