Adaptika SaaS Terms of Service
GENERAL PROVISIONS AND ACCEPTANCE OF THE OFFER
GENERAL PROVISIONS AND ACCEPTANCE OF THE OFFER
- This document is a public offer and constitutes a legally binding agreement between TESERACT PTE. LTD. (hereinafter the “Company”) and any person using the website https://adaptika.io (hereinafter the “User”).
- By accessing the website https://adaptika.io (hereinafter the “Service”), the User confirms that they:
- have read this Public Offer (hereinafter the “Offer”);
- understand its content;
- assume the obligation to comply with it in full.
- The information on the Service is not intended for distribution or use in jurisdictions where this would contradict the law or require the Company’s registration. The User is solely responsible for complying with local law. Use of the Service in violation of applicable law is prohibited. The Service is intended for persons over 18 years of age.
- Acceptance of this Offer is deemed to be any actions by the User that indicate an intention to use the Service and agreement with the terms of the Offer, including but not limited to: registration in the Service, logging into the personal account, using the Service’s functionality, as well as uploading, placing, or transmitting any data in the Service.
- From the moment of acceptance, a contract for the paid provision of digital services in electronic form is considered concluded between the User and the Company.
- If the User does not agree with this Offer, the User must immediately stop using the Service.
- The Company may amend this Offer at any time at its own discretion. The updated version takes effect from the moment it is published on the Service. Continued use of the Service constitutes the User’s consent to such changes.
- Access to the Service is permissive in nature and is provided after prior moderation by the Company.
- The Company provides the User with access to the Adaptika cloud software under a Software-as-a-Service model.
- The Service is a software platform designed to automate the creation of advertising creatives using artificial intelligence and machine learning technologies.
- The User must provide accurate information during registration and ensure the confidentiality of account credentials.
- The User is responsible for all actions carried out through their account.
- Access to the Service’s functionality is provided under a tariff selected by the User, which provides for a monthly allocation of a certain number of credits for generating and using the Service’s functionality (hereinafter “Credits”).
- Tariff selection, agreement of subscription terms, and purchase of Credits are carried out via correspondence with the Company by email: hello@adaptika.io. After the terms are agreed, the Company issues an online invoice for payment to the User.
- The number of allocated Credits is determined by the selected tariff and is specified in the invoice or in the parties’ correspondence.
- Credits are provided for a limited period and are valid only for 31 calendar days from the date of purchase. All unused Credits are automatically canceled on the first calendar day of the following month without any compensation or carry-over to subsequent periods.
- If necessary, the User may purchase additional Credits beyond the tariff in the manner specified in Article 3 of this Offer.
- Access to the corresponding amount of Credits is provided after the actual receipt of payment into the Company’s account.
- Payments for subscriptions and purchased Credits are final and non-refundable, except as directly provided by applicable law or this Offer.
- Unless explicitly stated otherwise, all Credit prices are indicated exclusive of taxes, duties, and mandatory payments.
- The User is solely responsible for paying any applicable taxes, including VAT/GST, digital services taxes, and other mandatory payments in their jurisdiction. The Company may charge such taxes where required by applicable law.
- The User may upload materials to the Service, including:
- logos, images, texts, fonts, brand descriptions, advertising references, and other data (hereinafter “User Materials”).
- The User represents and warrants that they:
- have the necessary rights to such User Materials;
- that use of the User Materials does not infringe third-party rights;
- that uploading the User Materials is lawful.
- The Company may delete any User Materials without prior notice.
- The User retains ownership of the Materials and bears full responsibility for them, holding the Company harmless from any third-party claims.
- By posting User Materials, the User grants the Company a non-exclusive, worldwide, royalty-free license to use such materials solely for the purposes of operating, improving, and functioning of the Service.
- By using the Service, the User represents and warrants that they:
- have the necessary legal capacity;
- have reached the age of majority;
- do not use automated means of access (bots, scripts, etc.);
- do not use the Service for unlawful purposes;
- do not violate applicable law.
- For the purposes of operating and improving the Service, the Company may analyze the use of the platform, including:
- behavioral patterns;
- usage statistics;
- technical metrics;
- effectiveness of advertising creatives.
- The Company may create aggregated and anonymized datasets, analytical reports, and digital data products. Such data does not allow Users to be identified and is the exclusive property of the Company. The Company may use such data for commercial purposes.
- The Company may, at its sole discretion and at any time, change the functionality of the Service, including adding or removing features, changing the interface, algorithms, and technologies, terminating support for certain capabilities, and releasing updates and new versions. The Company is not obliged to notify the User in advance of such changes, and continued use of the Service after such changes constitutes the User’s consent.
- The User is informed and agrees that generation results are created by artificial intelligence algorithms.
- The Company does not provide any guarantees regarding the results of the Service, including:
- accuracy;
- uniqueness;
- absence of similarity to existing materials;
- compliance with law.
- The User must independently verify the Service results before use. The User bears full responsibility for the use of the Service results.
- The User is solely responsible for complying with legal requirements on disclosure of the use of artificial intelligence technologies.
- The User undertakes to properly label and disclose the fact that content is generated using AI (artificial intelligence) in all cases where this is required by law, platform rules, or necessary to avoid misleading third parties.
- The Company does not control compliance with labeling requirements and is not responsible for their violation. The User undertakes to compensate the Company for any losses, claims, fines, and expenses arising due to the absence or improper labeling of AI content.
- The Service may use technologies, infrastructure, and services of third parties, including cloud providers, AI model providers, analytics, data processing, and payment services. The User acknowledges and agrees that the functioning of the Service may depend on such third parties.
- The Company does not control and is not responsible for the availability and operation of third-party services, the accuracy and quality of third-party AI models’ results, or for changes to their terms of service.
- The User undertakes not to use the Service to create, publish, distribute, or otherwise use content that:
- violates applicable law of any jurisdiction;
- contains discriminatory statements, incitement to hatred, threats, scenes of violence, or other forms of unlawful or socially dangerous behavior;
- contains pornographic materials or otherwise violates public morality;
- is false, misleading, or aimed at disinformation;
- infringes intellectual property rights, image rights, business reputation, or other rights of third parties;
- imitates or reproduces the image, voice, or other identifying traits of real persons without clear and proper disclosure of the use of artificial intelligence technologies or without obtaining required permissions;
- is aimed at manipulating public opinion, interfering with electoral processes, political campaigning, or spreading political disinformation.
- The User is also prohibited from:
- bypassing or attempting to bypass the Service’s credit, payment, or other billing systems;
- interfering with the operation of the Service, including attempting unauthorized access, penetration testing without the Company’s consent, disrupting infrastructure, or any other actions that may affect the stability and security of the Service.
- If the Company identifies a violation or has reasonable suspicions of a violation of this Offer, it may, at its own discretion, without prior notice and without compensation:
- delete any User content;
- suspend or terminate the User’s access to the Service;
- cancel the User’s Credits;
- block the User’s account.
- All rights to the Service, including software, algorithms, models, databases, and technological infrastructure, belong to the Company.
- After payment, the User receives the right to use the results of the Service’s work for commercial advertising purposes, subject to compliance with this Offer.
- The Service is provided “as is” and “as available” without any express or implied warranties.
- The Company makes reasonable efforts to ensure the availability and functioning of the Service but does not guarantee uninterrupted or fault-free operation. The User understands and agrees that the Service may be temporarily unavailable in whole or in part due to maintenance, updates and improvements, infrastructure failures, data center, cloud provider or network outages, and other reasons beyond the Company’s reasonable control. The Company does not guarantee that the Service will meet any specific availability, response time, or performance metrics, and temporary unavailability does not constitute a breach of the Offer and does not entitle the User to refunds or compensation.
- The Company is not liable for any indirect damages, lost profits, or consequences of decisions or actions based on results created using the Service, nor for actions, omissions, and content of third parties.
- The Company is not responsible for third-party sites and services accessible via links from the Service, including payment solutions. When navigating to such services, the User undertakes to independently review and comply with their terms of use, policies, and other applicable documents. All payments and other transactions with third parties are carried out by the User directly and at their own risk.
- This Offer and any relationships arising from or in connection with it are governed by and construed in accordance with the law of the Republic of Singapore.
- Any disputes, disagreements, or claims arising out of or in connection with this Offer, including issues of its conclusion, validity, performance, breach, or termination, shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) in force on the date of filing the notice of arbitration. The seat of arbitration is Singapore. The language of the arbitration is English. The arbitral tribunal shall consist of one arbitrator.
- The arbitral award is final and binding on the Parties. The Parties waive recourse to state courts, except where necessary to recognize and enforce the arbitral award or to apply interim measures.
- To the maximum extent permitted by applicable law, the User agrees that any disputes with the Company will be resolved exclusively on an individual basis. The User waives the right to participate in class actions, group actions, or representative proceedings. Arbitration may be conducted only with respect to the claims of a specific User.
- The Company is not liable for failure or delay in performance of its obligations caused by circumstances beyond the Company’s reasonable control, including but not limited to:
- natural disasters;
- fires, floods, earthquakes;
- wars, sanctions, terrorist acts;
- power outages;
- failures of internet infrastructure;
- actions of government authorities;
- failures of cloud providers and data centers.
- For the duration of a force majeure event, the Company’s obligations are suspended.
- The User is liable for any losses, expenses, claims, and demands of third parties arising from their violation of this Offer, the warranties given, or applicable law, and undertakes to compensate the Company for such losses in full.
- This Offer constitutes the entire agreement between the Parties and supersedes all prior arrangements regarding its subject matter. The invalidity or unenforceability of any provision does not affect the validity of the remaining provisions.
- For all issues related to the use of the Service, the User may contact the Company at: hello@adaptika.io.