Terms of Service

Last Updated: January 1, 2025

Please read these Terms of Service carefully before using our websites or services. By agreeing to these Terms of Service, you acknowledge that you will be subject to a mandatory arbitration provision with class action waivers.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Customer", "you", "your"), and AdWaste AI, a product owned and operated by Veymont Ventures LLC ("AdWaste AI", "Company", "we", "us", "our").

These Terms govern your access to and use of:

  • Our websites located at https://adwaste.io and https://app.adwaste.io (collectively, the "Websites")
  • All products and services provided by AdWaste AI (collectively, the "Services")

By accessing our Websites or using the Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Websites and Services.

Changes to Terms

We reserve the right to modify these Terms at any time for any reason. We will notify you of material changes through the contact information you have provided to us. Changes that do not materially affect your rights will be effective when posted on the Websites. Your continued use of the Websites and Services after changes are posted constitutes your acceptance of the modified Terms.

Age Requirement

You affirm that you are at least 18 years of age and are fully able and competent to agree to these Terms. The Services are exclusively for adults 18 years of age or older. If you are under 18, you are prohibited from using the Services.

2. Definitions

"Ad Platform Data" means data retrieved from your advertising accounts on Meta, TikTok, Google, or other advertising platforms, including ad spend, clicks, impressions, campaign names, and related metrics accessed through official APIs.

"Bot Traffic" means automated, fraudulent, or non-human traffic originating from bots, scripts, click farms, malicious actors, or other sources that generate fraudulent clicks, impressions, or interactions with your advertising campaigns.

"Company Marks" means any names, logos, icons, images, branding, or other associated content used to identify AdWaste AI.

"Customer Data" means any data, including personally identifiable information, provided by or on behalf of you to us for storage or processing. This includes Customer End-User Data, User Generated Content, Ad Platform Data, and Shopify Store Data.

"Customer End-User Data" means data, including personally identifiable information, collected by or on behalf of you from your end users, customers, prospects, or other visitors through the Services, including device fingerprints, IP addresses, browser information, and behavioral data.

"Customer Sites" means your websites, webpages, applications, landing pages, Shopify stores, or other digital properties integrated with the Services.

"Effective Date" means the date on which you make your first payment or begin the Trial Period, whichever comes first.

"Firewall Services" means our real-time ad-traffic filtering and bot-blocking services provided through server-side proxies, device fingerprinting, IP reputation analysis, mouse movement analysis, and fraud scoring algorithms.

"Order" means any initial or subsequent ordering document or online request for access to the Services submitted through our Websites or checkout processes.

"Shopify Store Data" means data accessed from your Shopify store through official Shopify APIs, including order information, customer data, product data, and store configuration settings.

"Trial Period" means the 14-day free trial of the Services offered to eligible new customers.

"User" means the persons designated and granted access to the Services by or on behalf of you.

"User Generated Content" means any information, data, content, or materials you provide to or through the Services.

3. Use of Services

3.1 Right to Use

Subject to these Terms, we will provide the Services described in your Order. You agree to use the Services for professional or business purposes only. During your subscription term, and provided you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable right to access and use the Services.

You agree to use the Services in accordance with our Privacy Policy, available at https://adwaste.io/privacy and incorporated by reference. You are responsible for each User's compliance with these Terms, and any acts or omissions by your Users will be deemed to be your acts.

3.2 Technical Support

We provide technical support via email at support@adwaste.io. Response times vary based on your subscription level and the nature of the support request. We will use commercially reasonable efforts to respond to support requests within two (2) business days.

3.3 Service Modifications

We may change and update the Services from time to time at our sole discretion, provided that changes will not materially adversely affect the core functionality of the Services. Updates are included in your subscription fees, and you agree to use the most current version of the Services.

3.4 Service Requirements

To use the Services, you must:

  1. Have an active Shopify store with appropriate access permissions
  2. Have active advertising accounts on supported platforms (Meta, TikTok, or other supported platforms)
  3. Grant necessary API access permissions to AdWaste AI
  4. Install required tracking scripts or integration code on your Customer Sites
  5. Configure DNS or proxy settings as directed by us

3.5 Integration and Implementation

You acknowledge that the Services require technical integration with your sites and third-party platforms. We will provide reasonable implementation guidance, but you are responsible for proper installation and configuration. We are not responsible for any disruption to your business operations during implementation or for issues arising from improper implementation.

4. Customer Data

4.1 Ownership of Customer Data

As between you and us, you or your licensors retain all right, title, and interest (including all intellectual property rights) in and to your Customer Data. You grant us a non-exclusive, worldwide, royalty-free right to process your Customer Data to the extent necessary to provide the Services, address technical problems, or as required by law.

Please read our Privacy Policy at https://adwaste.io/privacy to understand how we collect, use, and disclose Customer Data.

4.2 Your Obligations

Your use of the Services and all Customer Data must comply with applicable laws, government regulations, and other legal requirements, including data privacy laws such as GDPR, CCPA, and other applicable privacy laws. You are solely responsible for the accuracy, content, and legality of all Customer Data.

You warrant that you have sufficient rights in the Customer Data to grant us the rights described in these Terms, and that our processing of your Customer Data in accordance with these Terms will not violate any laws or third-party rights.

4.3 Customer End-User Data

We process Customer End-User Data on your behalf and under your instruction. You are required to comply with all data protection and privacy laws and regulations. You represent and warrant that you have obtained all necessary consents and authorizations, and have provided all required notices (including cookie consent notices, privacy policy disclosures, and terms of service) before sharing Customer End-User Data with us or allowing us to collect such data through tracking technologies deployed on your sites.

4.4 Ad Platform Data

You grant us permission to access and process Ad Platform Data from your advertising accounts for the purpose of providing the Services. You represent and warrant that such access complies with the terms of service of the applicable advertising platforms and that you have the authority to grant such access. We will use Ad Platform Data solely to provide the Services and will not share it with third parties except as necessary to provide the Services or as required by law.

4.5 Shopify Store Data

You grant us permission to access and process Shopify Store Data through official Shopify APIs for the purpose of providing the Services. You represent and warrant that such access complies with Shopify's terms of service and that you have the authority to grant such access. We will use Shopify Store Data solely to provide the Services and will not share it with third parties except as necessary to provide the Services or as required by law.

4.6 User Generated Content

If you create and share User Generated Content through the Services, you represent and warrant that you own all rights in such content and have the authority to share it with us. You retain all ownership rights to your User Generated Content, but by submitting it through the Services, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, sublicensable, and royalty-free license to use, modify, adapt, reproduce, make derivative works of, publish, transmit, store, distribute, and make it available to third parties for the purposes of providing, developing, optimizing, improving, promoting, or enhancing our Websites, Services, or other products or services.

4.7 Anonymized and Aggregated Data

You acknowledge that we may use Customer Data, Customer End-User Data, Ad Platform Data, and Shopify Store Data to compile de-identified, aggregated, and anonymized data. Such aggregated and anonymized data will be owned by us, and we may collect, retain, use, or disclose it (including through sale to unaffiliated third parties) for our general business purposes as permitted under applicable laws, including to improve the Services, develop machine learning models, and for benchmarking, reporting, and analytics.

4.8 Data Security

We will implement and maintain appropriate technical and organizational security measures designed to protect Customer Data from unauthorized access, use, alteration, or disclosure. However, you acknowledge that no security measures are perfect or impenetrable, and we cannot guarantee absolute security of Customer Data.

5. Intellectual Property Rights

5.1 Company Services

Except for the limited rights granted in these Terms, you have no right, title, or interest in or to the Company Marks, Services, or any intellectual property rights related thereto. You acknowledge that we or our licensors retain all proprietary rights in and to the Company Marks and Services and any components, including all modifications, enhancements, derivative works, configurations, translations, upgrades, interfaces, algorithms, fraud detection methodologies, machine learning models, and bot detection technologies.

5.2 Company Marks

Unless expressly authorized under these Terms, you agree not to use, register, or apply for registration of any trademark, service mark, business name, domain name, or social media account name or handle that is comprised of or incorporates any Company Marks or is confusingly similar to a Company Mark. If you breach this provision, you agree to do all things necessary to transfer any such trademark, service mark, business name, domain name, or social media account name or handle to us, including executing assignment documentation.

5.3 Usage Data

Notwithstanding anything to the contrary, we may collect and use usage and operations data related to your use of the Services to develop, improve, support, and operate our Websites and Services. We may share such usage data as provided in our Privacy Policy.

5.4 Feedback

You agree that any ideas, suggestions, or improvements that you or your Users provide to us about our products or services will be owned by us, and we are free to include such ideas in future products without compensation to you.

5.5 Proprietary Algorithms

You acknowledge that the fraud detection algorithms, bot identification methodologies, device fingerprinting techniques, and machine learning models used in the Services constitute valuable proprietary trade secrets and intellectual property. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services.

6. Orders, Fees, and Payment

6.1 Orders

You may order Services through our website at https://app.adwaste.io or through other ordering processes we designate. All Orders are subject to our acceptance at our discretion. All information you provide must be current, complete, and accurate, and you are responsible for keeping such information updated.

6.2 Subscription Tiers

The Services are offered at various subscription tiers based on ad spend volume, number of stores, or other usage metrics as specified in the applicable pricing plan. We reserve the right to review your account to confirm compliance with applicable usage limits and to terminate or suspend your access for overuse or misuse. You agree to pay for any overage in excess of permitted usage limits at the rates specified in the applicable pricing plan.

6.3 Fees and Payment

When you execute an Order, you commit to a fee amount (collectively, "Fees") and a payment schedule. Subscription fees range from $399 to $3,999 per month depending on the selected plan and usage level. All Fees are payable in United States Dollars (USD).

For monthly subscriptions, your monthly payment will be due on the Effective Date and each monthly anniversary thereafter.

You authorize us to charge the payment method on file (processed through Stripe, Inc.) in accordance with the billing frequency specified in your Order. If the primary payment method fails, you authorize us to charge any backup payment method on file.

We reserve the right to terminate your Order or these Terms immediately if any payment information is found to be inaccurate, incomplete, or not current, or if any payment fails. We are not responsible for any overdraft charges or other fees incurred due to our use of your payment method for payment.

6.4 Fee Disputes

You agree to notify us of any fee dispute within fifteen (15) days of the payment's due date and to work in good faith to promptly resolve any dispute and pay fees within fifteen (15) days following resolution.

6.5 Late Payments

We reserve the right to (i) suspend or terminate the Services or any portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from delinquent accounts. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts. Late payments may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

6.6 Taxes

You are responsible for all applicable taxes (including withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), tariffs, or similar taxes, collectively, "Taxes") imposed by any government entity based on the Services, except taxes based on our net income or taxes for which you have provided a valid tax exemption certificate. If you fail to satisfy your tax obligations, you agree to reimburse us for any Taxes paid on your behalf and indemnify and hold us harmless against any claim, liability, or penalties resulting therefrom.

6.7 No Refunds Based on Results

You acknowledge and agree that the Services are designed to block Bot Traffic and fraudulent clicks, which may result in reduced advertising costs. However, we make no guarantees regarding the amount of savings you will achieve, and all fees paid for the Services are non-refundable based on the level of Bot Traffic blocked or savings achieved. The Services are provided on a subscription basis, and you pay for access to the Services regardless of the volume of Bot Traffic detected or blocked.

7. Term and Termination

7.1 Initial Term

The initial term of your subscription ("Initial Term") will be one (1) month from the Effective Date.

7.2 Renewal

After the Initial Term, your subscription will automatically renew on a month-to-month basis (each renewal period and the Initial Term may be referred to as a "Term") unless you cancel your subscription before the then-current Term is set to expire through your account dashboard at https://app.adwaste.io or by email to support@adwaste.io. We may, at our sole discretion, amend pricing or Services offered at the beginning of each new Term with at least thirty (30) days' prior written notice to you.

7.3 Trial Period

You may be eligible for a 14-day free trial of the Services ("Trial Period") as specified during the signup process. During the Trial Period, you will have full access to the Services at no charge. At the end of the Trial Period, your payment method will be automatically charged for the selected subscription plan unless you cancel before the end of the Trial Period. You may cancel the Trial Period at any time through the account dashboard or by contacting support@adwaste.io.

7.4 Refunds

All fees paid for the Services are non-refundable except as expressly provided in Section 7.5 below. If you cancel during the Trial Period, no charges will be made. If you cancel after being charged for a subscription term, no refund will be provided for the current billing period, but the subscription will not renew for the next billing period.

7.5 Termination for Cause

Either party may terminate these Terms (including all related Orders) if the other party: (a) fails to cure any material breach of these Terms (including a failure to pay Fees) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party and is not dismissed within sixty (60) days (to the extent such termination is not prohibited by law). For any termination of these Terms by you for cause in accordance with this Section, you will be entitled to a pro-rated refund of any prepaid unused Fees.

7.6 Suspension

Without prejudice to any other remedies, we reserve the right to suspend your access to any portion or all of the Websites and Services upon prior notice if, in our reasonable discretion, we suspect you of breaching any portion of these Terms or of presenting an undue security risk to our Services or networks (including hacking attempts, denial of service attacks, mail bombs, or other malicious activities), or as required by law or at the request of governmental entities. We will either resume provision of Services or terminate these Terms within a reasonable period of time for investigating any such incidents. We may also suspend Services immediately without notice if your payment method fails or if your account becomes delinquent.

7.7 Effect of Termination

Upon termination of these Terms, you must immediately cease use of and access to the Services. If reasonably requested by you within thirty (30) calendar days following the effective date of termination, we may provide you with a limited one-time export of Customer Data in a standard format (CSV or JSON) to the extent technically feasible.

Following the expiration of this 30-day period, we will retain Customer Data for an additional ninety (90) days solely for the purpose of enabling continued Services without disruption if you return and reactivate your subscription during this period. During this retention period, all confidentiality and data privacy obligations under these Terms (including Sections 4 and 14.2) and the Privacy Policy will continue to apply to any retained Customer Data.

Following the expiration of this 90-day period, we will permanently delete any remaining Customer Data in our possession, unless otherwise required by law or instructed in writing by you.

Provisions that by their nature are intended to survive termination will survive, including Sections 5, 12, 13, 14, 15, 16, 17, and 18.

8. Customer Accounts and Usage

8.1 Account Security

You are solely responsible for:

  1. The configuration of your Services account
  2. The operation, performance, and security of your equipment, networks, and other computing resources used to connect to the Services
  3. Ensuring all Users exit or log off from the Services at the end of each session
  4. Maintaining the confidentiality of your accounts, user IDs, and passwords
  5. All uses of the Services by you and your Users, including any data deletions and other usage errors

We reserve the right to suspend the Services or terminate these Terms if you misuse or share login information among multiple entities or unauthorized Users. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss you may incur as a result of a third party using your password or account, and you may be held liable for any such losses incurred by us or another party.

8.2 Account Information

You agree to keep all account information true, accurate, current, and complete. You and your Users agree not to provide false information, impersonate another individual, or provide misleading or false user information through your use of the Websites or Services.

8.3 Third-Party Platform Access

You are responsible for maintaining valid API access credentials and permissions for Shopify and any advertising platforms (Meta, TikTok, etc.) integrated with the Services. If you revoke such access or if access expires, we will not be able to provide the Services and will not be liable for any resulting service interruptions. You must promptly notify us of any changes to integrated platform accounts or access credentials.

9. Prohibited Activities

9.1 Prohibited Uses

Your use of the Services and all User activity on the Websites and Services must comply with all applicable laws, rules, and regulations, in addition to these Terms. You also agree not to use, or assist or enable others to use, the Services, your account, or any portion of the Websites in furtherance of any unlawful or fraudulent activities, including but not limited to:

  1. Using the Services for personal, consumer, or household use
  2. Using the Services in a way that violates applicable laws, rules, regulations, these Terms, or the rights of any third party (including intellectual property rights)
  3. Performing any fraudulent activity, including accessing accounts of other users without permission, impersonating any person or entity, claiming false affiliations, or falsifying your identity or information
  4. Intentionally generating fraudulent traffic or fake clicks to test or manipulate the Services
  5. Using the Services to engage in click fraud, ad fraud, or any other form of advertising fraud
  6. Avoiding, bypassing, removing, deactivating, impairing, or otherwise circumventing any technological measure implemented by us or our providers to protect the Websites or Services
  7. Using any device, software, routine, file, or technology (including viruses, Trojan horses, worms, time bombs, or cancelbots) intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data, or personal information from the Websites, Services, or our network
  8. Using any automated or programmatic method to extract data or output from the Websites, Services, or our network, including scraping, web harvesting, or web data extraction
  9. Committing unauthorized use of the Websites, your account, or any of the Services, including unauthorized entry into our systems, seeking access to data not intended for you or your Users, misuse of passwords, or misuse of any information posted to the Websites
  10. Probing, scanning, or testing the vulnerability of the Websites or network or breaching security or authentication measures without proper written authorization
  11. Bypassing any territorial restrictions, including IP address-based restrictions
  12. Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, including denial-of-service attacks, "spam", "flooding", "mail bombing", "crashing", or other unsolicited overload techniques
  13. Sending unsolicited mail or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation in violation of applicable laws or regulations
  14. Attempting to use or launch any automated system (including robots, spiders, intelligent agents, software, tools, or other means) to navigate or search the Websites, other than those generally available through third-party web browsers
  15. Marketing, offering to sell, or reselling the Services to any unauthorized third party
  16. Modifying, distributing, preparing derivative works of, reverse engineering, reverse assembling, disassembling, decompiling, or attempting to decipher any code relating to the Websites, Services, or our technology
  17. Using the Websites or Services for competitive benchmarking or other competitive analysis if you are a direct competitor
  18. Making any representations that we are a warrantor or co-seller of any of your products or services
  19. Violating the terms of service of Shopify, Meta, TikTok, Google, or any other third-party platform integrated with the Services
  20. Using the Services in connection with illegal products or services, including controlled substances without proper licensing, counterfeit goods, or products that violate intellectual property rights

9.2 Enforcement

We have sole and exclusive discretion to determine the applicability of these restrictions and any violations thereof. We reserve the right to suspend or terminate your use of the Websites and Services for a violation of any provision in this section.

10. Third-Party Sites and Platforms

10.1 Third-Party Links

The Websites and Services may link to other sites on the Internet or require integration with third-party platforms such as Shopify, Meta, TikTok, and Google. These other sites and platforms are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or platforms. The inclusion of such a link does not imply our endorsement of the site or platform or any association with its operators.

If you choose to access or use any third-party products, services, information, websites, or mobile applications, you understand that such access or use will be subject to the terms and conditions and privacy policies of the appropriate third-party provider, and not these Terms.

10.2 Third-Party Platform Compliance

You acknowledge and agree that use of the Services requires compliance with the terms of service of third-party platforms including Shopify's Terms of Service, Meta's Terms of Service and Advertising Policies, TikTok's Terms of Service and Advertising Policies, and Google's Terms of Service and Advertising Policies. You are solely responsible for ensuring compliance with all such third-party terms. We are not responsible for any information you agree to share with these third-party providers or for any actions taken by such third-party platforms, including account suspensions or terminations.

10.3 Platform Changes

We are not responsible for changes made by third-party platforms (including Shopify, Meta, TikTok, Google, and others) that may affect the functionality or availability of the Services. We will use commercially reasonable efforts to adapt the Services to accommodate platform changes, but do not guarantee that the Services will remain compatible with all platform updates.

11. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES AND SERVICES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE AND OUR AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITES OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITES AND SERVICES IS SOLELY AT YOUR RISK.

WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC LEVEL OF BOT TRAFFIC REDUCTION, ADVERTISING COST SAVINGS, RETURN ON INVESTMENT, OR ANY OTHER SPECIFIC RESULTS FROM USE OF THE SERVICES. THE EFFECTIVENESS OF THE SERVICES MAY VARY BASED ON NUMEROUS FACTORS INCLUDING THE NATURE OF YOUR ADVERTISING CAMPAIGNS, THE SOPHISTICATION OF BOT TRAFFIC TARGETING YOUR ADS, CHANGES TO ADVERTISING PLATFORM ALGORITHMS, AND OTHER FACTORS OUTSIDE OF OUR CONTROL.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES ARISING FROM:

  1. Loss of advertising spend due to Bot Traffic that was not blocked by the Services
  2. Legitimate traffic that was incorrectly blocked by the Services
  3. Changes to third-party platforms including Shopify, Meta, TikTok, or Google that affect the Services
  4. Interruptions or delays in the Services
  5. Any actions taken by third-party advertising platforms including account suspensions or policy violations
  6. Data loss or corruption
  7. Any unauthorized access to or use of Customer Data

MAXIMUM LIABILITY CAP: Notwithstanding anything to the contrary, our maximum liability to you arising out of or in connection with the Websites or any Services delivered hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort, or otherwise, shall in no case exceed the actual fees paid by you to us for the Services over the three (3) months preceding the date your first claim arose.

The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Websites and Services.

13. Indemnification

Upon our request, you agree to defend, indemnify, and hold us, Veymont Ventures LLC, and our respective employees, contractors, officers, and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from:

  1. Your use of, or activities in connection with, the Websites or Services
  2. Your violation or alleged violation of these Terms or any applicable laws or regulations
  3. Your violation or alleged violation of any intellectual property or right of a third party
  4. Any claims by your end users or third parties arising from your use of the Services
  5. Your violation of the terms of service of any third-party platform including Shopify, Meta, TikTok, or Google
  6. Any claims related to Customer Data or your advertising practices

You may not settle any such claim or matter without our prior written consent. We reserve the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim.

14. Additional Terms

14.1 Trial Period Terms

We offer a 14-day free trial of the Services to new customers. The Trial Period commences on the date you complete the signup process and terminates at the end of 14 days from that date. Following expiration of the Trial Period, the Services may automatically continue and your payment method will be charged for the applicable Fees unless you cancel prior to the end of the Trial Period.

We reserve the right to modify or discontinue any trials or promotions at any time without notice. We may, in our sole discretion, limit eligibility for the Trial Period and may reject or cancel Trial Period access if we suspect abuse or fraud.

If you cancel the Services prior to the end of the Trial Period, any Customer Data you submitted or transmitted through the Services will be retained for thirty (30) days in accordance with Section 7.7, after which it will be permanently deleted unless you reactivate your subscription.

DURING THE TRIAL PERIOD, WE PROVIDE THE SERVICES "AS IS" AND WITHOUT WARRANTY OR INDEMNITY, TO THE EXTENT PERMITTED BY LAW.

14.2 Confidentiality

Each party ("disclosing party") may disclose to the other party ("receiving party") certain nonpublic and proprietary materials and information ("Confidential Information"). The receiving party shall protect the Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. The receiving party shall not disclose the Confidential Information to any third party without the disclosing party's prior written consent, except to its own directors, employees, legal and financial advisors, and other agents with a need to know the Confidential Information and who are subject to confidentiality obligations at least as restrictive as those provided herein.

"Confidential Information" shall not include any information that:

  1. Is or becomes part of the public domain without breach of these Terms
  2. Is independently developed by the receiving party without use of or reference to the Confidential Information
  3. Is disclosed to the receiving party by a third party without restriction
  4. Was in the receiving party's lawful possession prior to its disclosure by the disclosing party

Notwithstanding the foregoing, the receiving party may disclose Confidential Information as required by law or court order, provided that the receiving party provides prompt prior written notice to the disclosing party, discloses only the portion of the Confidential Information that it is advised by counsel is legally required to be disclosed, and uses reasonable efforts to ensure confidential treatment is afforded the disclosed portion. The receiving party agrees that breach of this section would cause the disclosing party irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, the disclosing party will be entitled to injunctive relief against such breach or threatened breach.

14.3 Copyright Complaints

If you believe that the Services have been used in a manner that constitutes copyright infringement, you must notify us at support@adwaste.io and provide all of the following information, as required by the Digital Millennium Copyright Act ("DMCA"):

  1. A statement that you have identified content in the Services that infringes a copyright of a third party for whom you are authorized to act
  2. A description of the copyrighted work you claim has been infringed
  3. A specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content's location
  4. Your name, address, telephone number, and email address
  5. A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)
  6. A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
  7. Your electronic or scanned physical signature

We reserve the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.

14.4 Marketing

We may identify you as our customer to other customers or prospective customers. We may use and display your name, logo, trademarks, and service marks on the Websites and in marketing materials in connection with identifying you as a customer of AdWaste AI. Upon your written request, we will promptly remove any such marks from the Websites and, to the extent commercially feasible, our marketing materials.

14.5 Cookies

By using the Services or Websites, you agree to the use of cookies which we use to facilitate use of the Services and the Websites. We do not store passwords or other personal information in cookies, and we do not sell, trade, or rent your personal information to unaffiliated third parties. More information about our use of cookies is contained in the Privacy Policy available at https://adwaste.io/privacy.

14.6 Assignment

Neither party may assign its rights or delegate its duties under these Terms either in whole or in part without the other party's prior written consent, which shall not be unreasonably withheld, except that either party may assign an Order as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These Terms will bind and inure to the benefit of each party's successors or assigns.

14.7 Notices

All legal notices required under these Terms shall be in writing and delivered in person or by certified or registered express mail to the address last designated on the account for you, and to us at the address specified in Section 19, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii) five (5) days after deposit in the mail. Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender's email. We may also provide you with notice postings on the Websites.

14.8 Governing Law

These Terms (and all related Orders) shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. You hereby consent to binding arbitration in the State of Wyoming to resolve any disputes arising under these Terms.

14.9 Entire Agreement

These Terms plus any associated Order set forth the entire agreement and understanding of the parties relating to the Services and supersede all prior and contemporaneous oral and written agreements. For any conflict between an executed Order and these Terms, the Order shall govern, but only for the specific Services described in the applicable Order. Nothing contained in any document submitted by you shall in any way add to or otherwise modify these Terms.

14.10 Miscellaneous

Captions and headings are used herein for convenience only and are not part of these Terms. The parties are independent contractors and nothing in these Terms creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. No person or entity not a party to these Terms will be deemed to be a third-party beneficiary of these Terms or any provision hereof.

No waiver or amendment of any term or condition of these Terms shall be valid or binding on any party unless agreed to in writing by us or you. Our failure to enforce any term of these Terms will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. These Terms may be agreed to online, or executed by electronic signature and in one or more counterparts.

No party will be responsible for any delay, interruption, or other failure to perform under these Terms due to force majeure events and acts beyond a party's reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities; pandemics; activities of third-party service providers including Shopify, Meta, TikTok, Google, and Internet service providers; labor disputes; and acts of government.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15. Arbitration and Disputes

The parties agree that any dispute or claim in law or equity arising between them regarding the use of the Websites, the Services, or these Terms (including all related Orders), including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Cheyenne, Wyoming.

The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of these Terms, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of the State of Wyoming. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, specifically the Commercial Arbitration Rules, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THE WEBSITES AND SERVICES YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS "ARBITRATION AND DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITES OR SERVICES.

16. Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITES, THE SERVICES, OR THESE TERMS (INCLUDING ALL RELATED ORDERS) MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

17. Attorneys' Fees

In any dispute, action, proceeding, or arbitration regarding the use of the Websites, the Services, or these Terms (including all related Orders), including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys' and experts' fees, costs, and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys' fees, costs, and expenses upon appeal).

18. Data Processing and Privacy

18.1 Data Processing

We process Customer Data, Customer End-User Data, Ad Platform Data, and Shopify Store Data as a service provider on your behalf. We will process such data only for the purpose of providing the Services and as otherwise permitted by these Terms and the Privacy Policy.

18.2 Privacy Compliance

You are responsible for compliance with all applicable privacy laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other applicable data protection laws. You represent and warrant that you have provided appropriate privacy notices to your end users and have obtained all necessary consents for the collection and processing of Customer End-User Data through the Services.

18.3 Cookies and Tracking Technologies

The Services use cookies, device fingerprinting, and other tracking technologies to identify and block Bot Traffic. You are responsible for providing appropriate notice to your end users regarding the use of such technologies and obtaining any required consents under applicable laws, including but not limited to the European Union's ePrivacy Directive and similar laws.

18.4 Data Subject Requests

If we receive any request from a data subject (such as a request to access, delete, or correct personal data) in connection with Customer Data, we will promptly notify you and will provide reasonable assistance to you in responding to such request, at your expense. You are primarily responsible for responding to data subject requests.

18.5 Security Incidents

We will notify you within a reasonable time after becoming aware of any unauthorized access to or disclosure of Customer Data (a "Security Incident"). We will cooperate with your reasonable requests regarding investigation and mitigation of any Security Incident. This notification obligation does not constitute an acknowledgment of fault or liability.

19. Contact Information

Our Websites and Services are provided by:

  • AdWaste AI (a product of Veymont Ventures LLC)
  • Wyoming, USA
  • Email: support@adwaste.io
  • Website: https://adwaste.io
  • Application: https://app.adwaste.io

Veymont Ventures LLC is a limited liability company registered under the laws of the State of Wyoming, USA.

If you wish to contact AdWaste AI for any reason, you may do so using the contact information listed in this section.

Last Updated: January 1, 2025

By using AdWaste AI's websites and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.