Terms of Service

1. Agreement to Terms

Welcome to Board Ad! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Board Ad ("Company," "we," "us," or "our") regarding your use of our AI-powered advertising platform and related services (the "Service").

By accessing or using Board Ad, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use our Service.

Important: These Terms include provisions that limit our liability and require individual arbitration of disputes rather than class action lawsuits.

2. Description of Service

Board Ad is an AI-powered creative platform that enables users to generate professional advertising content, including:

• Standard Ads: AI-generated display advertisements with compelling visuals and copy
• Product Photo Ads: Studio-quality product photography enhanced by AI
• Clone Ads: Recreation of existing advertisements with your brand's style
• Brand Analysis: Automated extraction of brand elements from websites
• Multi-Platform Formatting: Ads optimized for various social media and advertising platforms
• AI-Powered Retouching: Background removal, image enhancement, and professional editing tools

Our Service is provided on a subscription basis with different plan tiers offering varying features and usage limits.

3. Eligibility and Account Registration

3.1 Eligibility

You must meet the following requirements to use our Service:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our Service under applicable laws
• Represent a legitimate business or organization (for business accounts)

3.2 Account Registration

To access our Service, you must:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept full responsibility for all activities under your account

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer multiple subscription tiers with different features and usage limits:

• Starter Plan: Basic AI ad generation with limited monthly usage
• Professional Plan: Advanced features with increased usage limits
• Business Plan: Enterprise-grade features with priority support
• Enterprise Plan: Custom solutions with dedicated account management

4.2 Billing and Payment

• Payment Terms: Subscription fees are billed in advance on a monthly or annual basis
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the next billing cycle
• Payment Methods: We accept major credit cards and other payment methods as available
• Failed Payments: Service may be suspended for failed payments until resolved
• Price Changes: We may modify pricing with 30 days' notice to existing subscribers
• Taxes: Prices exclude applicable taxes, which are your responsibility

4.3 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time from your account settings
• Effect of Cancellation: Service continues until the end of your current billing period
• Refund Policy: No refunds for partial months, except as required by law
• Free Trial: You may cancel during any free trial period without charge

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Service to:

• Create advertising content for legitimate business purposes
• Generate marketing materials for your own brand or clients
• Analyze and extract information from your own websites
• Export and use generated content according to your subscription plan

5.2 Prohibited Uses

You may NOT use our Service to:

• Illegal Content: Create content that violates any applicable laws or regulations
• Infringement: Use copyrighted, trademarked, or proprietary content without permission
• Harmful Content: Generate content promoting violence, hate speech, or discrimination
• Deceptive Practices: Create misleading, false, or fraudulent advertisements
• Adult Content: Generate explicit sexual or adult content
• Spam: Create content for unsolicited mass marketing
• Competitive Intelligence: Reverse engineer or copy our AI models
• System Abuse: Attempt to disrupt, hack, or overload our systems
• Resale: Resell, redistribute, or sublicense our Service without authorization
• Personal Data: Input personal data of third parties without consent

6. Content and Intellectual Property

6.1 Your Content

• Ownership: You retain ownership of content you upload to our platform
• License to Us: You grant us a limited license to process your content for service provision
• Representations: You represent that you have all necessary rights to your uploaded content
• Responsibility: You are solely responsible for your content and its compliance with these Terms

6.2 Generated Content

• Commercial License: You receive a commercial license to use AI-generated content
• Scope of Use: License includes advertising, marketing, and promotional purposes
• Attribution: No attribution to Board Ad is required for generated content
• Limitations: License is non-exclusive; similar content may be generated for other users
• Export Rights: Download and export rights depend on your subscription plan

6.3 Our Intellectual Property

• Platform Ownership: We own all rights to our platform, AI models, and algorithms
• Trademarks: Board Ad and related marks are our property
• Restrictions: You may not copy, modify, or create derivative works of our platform
• Feedback: Any feedback you provide may be used by us without restriction

7. AI Content and Accuracy

7.1 AI-Generated Content Disclaimer

• No Guarantees: AI-generated content is provided "as is" without warranties
• Review Required: You must review all generated content before use
• Accuracy: We don't guarantee accuracy, completeness, or suitability of AI content
• Compliance: You are responsible for ensuring content complies with applicable laws
• Brand Consistency: While we strive for brand consistency, manual review is recommended

7.2 Content Moderation

• Automated Filtering: Our AI includes safeguards against inappropriate content
• Manual Review: We may manually review content that triggers our filters
• Content Removal: We may remove content that violates these Terms
• Account Action: Repeated violations may result in account suspension

8. Privacy and Data Protection

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

Key privacy highlights:

• We use your data to provide and improve our Service
• We implement industry-standard security measures
• We don't sell your personal information to third parties
• You have rights regarding your personal information
• We comply with applicable privacy laws (GDPR, CCPA, etc.)

9. Service Availability and Modifications

9.1 Service Availability

• Uptime Goal: We strive for 99.9% uptime but don't guarantee uninterrupted service
• Maintenance: We may perform scheduled maintenance with advance notice
• Outages: We'll work to resolve service interruptions promptly
• No SLA: Standard plans don't include service level agreements

9.2 Service Modifications

• Feature Updates: We may add, modify, or remove features
• Notice: Material changes will be communicated with reasonable advance notice
• Continued Use: Your continued use constitutes acceptance of modifications
• Discontinuation: We may discontinue the Service with 90 days' notice

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We specifically disclaim:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Guarantees regarding AI content accuracy, quality, or suitability
• Responsibility for third-party services or content
• Warranties regarding service availability or performance

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from AI-generated content
• Third-party claims related to your use of the Service

11. Indemnification

You agree to indemnify, defend, and hold harmless Board Ad, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your content or generated content
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

12. Termination

12.1 Termination by You

• You may terminate your account at any time from your account settings
• Termination is effective at the end of your current billing period
• You remain responsible for all charges incurred before termination

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Pose a security risk to our platform or other users

12.3 Effect of Termination

• Your access to the Service will cease immediately
• Your data may be deleted after a reasonable grace period
• License to generated content remains valid
• Obligations that should survive will continue (e.g., payment obligations, indemnification)

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@board.ad to attempt to resolve any disputes informally. We will work in good faith to resolve disputes within 60 days.

13.2 Binding Arbitration

If informal resolution fails, any disputes will be resolved through binding arbitration rather than in court, except for:

• Claims for injunctive or equitable relief
• Small claims court matters (under applicable limits)
• Intellectual property disputes

13.3 Class Action Waiver

You agree that disputes will be resolved individually and waive your right to participate in class action lawsuits or class-wide arbitrations.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal proceedings will be conducted in the appropriate courts of [Your Jurisdiction].

If you are located outside [Your Jurisdiction], you consent to personal jurisdiction and venue in [Your Jurisdiction] for any legal proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Board Ad.

15.2 Severability

If any provision of these Terms is found 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 constitute a waiver of such right or provision.

15.4 Assignment

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

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Changes to Terms

We may modify these Terms from time to time. When we make changes:

• We will update the "Last updated" date at the top of this page
• Material changes will be communicated via email or platform notification
• Changes become effective 30 days after notification
• Your continued use constitutes acceptance of the updated Terms
• If you disagree with changes, you may terminate your account

17. Contact Information

If you have questions about these Terms or need to contact us for any reason: