Terms of Service

1. Introduction

Welcome to Muze AI ("Muze," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Muze AI platform, including our website, applications, APIs, and related services (collectively, the "Service").

Muze AI is an AI-powered performance marketing platform that provides autonomous ad creation, campaign analysis, and optimization for Meta and Google advertising.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• "Account" means your registered account to access the Service.
• "Ad Account" means your connected Meta Ads, Google Ads, or other advertising platform accounts.
• "Content" means any text, images, videos, ad creatives, data, or other materials uploaded, generated, or processed through the Service.
• "Generated Content" means ad creatives, videos, images, copy, or other materials created by the Service using AI.
• "User" or "you" means any individual or entity that accesses or uses the Service.
• "Subscription" means your paid plan for accessing the Service.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Have proper authorization to connect any Ad Accounts you integrate with the Service

If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration

4.1 Account Creation

To access the Service, you must create an Account by providing accurate, complete, and current information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your Account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your Account credentials.

4.3 Ad Account Connections

When you connect your Meta Ads, Google Ads, or other advertising accounts to the Service, you:

• Authorize us to access, read, and modify your ad campaigns, creatives, and related data
• Confirm you have the authority to grant such access
• Understand that actions taken by the Service may affect your ad spend and campaign performance

5. Service Description

5.1 Features

Muze AI provides AI-powered tools including but not limited to:

• Ad Creative Generation: Creating video, image, and UGC-style ads from product images
• Campaign Analysis: Analyzing ad performance, identifying issues, and providing insights
• Automated Optimization: Auto-pausing underperforming ads, scaling winners, and budget management
• Creative Fatigue Detection: Identifying ad exhaustion before performance declines
• Competitor Analysis: Analyzing and adapting competitor ad strategies
• AI CMO: Strategic guidance and campaign recommendations

5.2 Service Limitations

You acknowledge that:

• The Service relies on AI and machine learning, which may produce errors or unexpected results
• Ad performance depends on many factors outside our control
• We do not guarantee specific results, ROAS, or performance metrics
• The Service requires active advertising accounts with sufficient budget and proper configuration
• Third-party platform changes (Meta, Google) may affect Service functionality

6. Subscription and Payment

6.1 Subscription Plans

Access to the Service requires a paid Subscription. Current pricing and plan details are available on our website. We reserve the right to modify pricing with 30 days' notice.

6.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as explicitly stated
• You authorize us to charge your payment method for all applicable fees
• Failed payments may result in service suspension

6.3 Cancellation

You may cancel your Subscription at any time. Upon cancellation:

• You retain access until the end of your current billing period
• No refunds are provided for partial billing periods
• Your data may be deleted after a retention period as described in our Privacy Policy

6.4 Free Trials

If we offer a free trial:

• Trial terms will be specified at sign-up
• We may require payment information to start a trial
• Your Subscription will automatically begin at the end of the trial unless cancelled

7. Acceptable Use

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable laws, including advertising regulations
• Use Generated Content only for legitimate advertising purposes
• Respect third-party intellectual property rights
• Provide accurate information about your products and business

7.2 Prohibited Use

You may NOT use the Service to:

• Create ads that are false, misleading, deceptive, or fraudulent
• Promote illegal products, services, or activities
• Advertise weapons, drugs, tobacco, adult content, or other prohibited categories
• Infringe on any third-party intellectual property, privacy, or other rights
• Distribute malware, spam, or harmful content
• Circumvent any access controls or security measures
• Reverse engineer, decompile, or attempt to extract source code
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to harm minors in any way
• Violate Meta, Google, or other advertising platform policies
• Create content that promotes hate, violence, or discrimination
• Impersonate any person or entity
• Interfere with or disrupt the Service or its infrastructure

7.3 Compliance with Advertising Laws

You are solely responsible for ensuring your ads comply with:

• The CAN-SPAM Act and similar anti-spam laws
• The FTC Act and truth-in-advertising requirements
• GDPR, CCPA, and other privacy regulations
• Platform-specific advertising policies (Meta, Google, etc.)
• Industry-specific regulations (healthcare, finance, alcohol, etc.)

8. Intellectual Property

8.1 Our Intellectual Property

We own all rights, title, and interest in and to the Service, including:

• Our software, algorithms, and AI models
• Our trademarks, logos, and branding
• Our website content, documentation, and marketing materials

These Terms do not grant you any rights to our intellectual property except the limited license to use the Service.

8.2 Your Content

You retain ownership of any original content you upload to the Service (product images, brand assets, etc.). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and modify such content solely to provide the Service.

8.3 Generated Content

Regarding AI-generated content created through the Service:

• You receive a non-exclusive, perpetual license to use Generated Content for your advertising purposes
• We may use anonymized and aggregated data about Generated Content to improve the Service
• You are responsible for ensuring Generated Content does not infringe third-party rights
• Generated Content may be similar to content created for other users

8.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without compensation or attribution.

8.5 Logo Usage

You grant us permission to use your company name, logo, and trademarks in our marketing materials, customer lists, and case studies to indicate that you are a customer. You may revoke this permission by contacting us in writing.

9. Data and Privacy

9.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Ad Account Data

When you connect Ad Accounts, we access and process:

• Campaign performance data
• Ad creative assets
• Audience and targeting information
• Spend and billing data

This data is used solely to provide the Service and is handled in accordance with our Privacy Policy.

9.3 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

10. Third-Party Services

10.1 Integrations

The Service integrates with third-party platforms including:

• Meta (Facebook/Instagram) Ads
• Google Ads
• Payment processors
• AI service providers

Your use of these integrations is subject to the respective third-party terms and privacy policies.

10.2 No Endorsement

Integration with third-party services does not imply our endorsement of those services, and we are not responsible for their availability, accuracy, or conduct.

11. Disclaimer of Warranties

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

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF RESULTS
• UNINTERRUPTED OR ERROR-FREE OPERATION
• COMPATIBILITY WITH YOUR SYSTEMS

WE DO NOT WARRANT THAT:

• The Service will meet your specific requirements
• The Service will be available at all times
• AI-generated content will be free from errors
• Results or performance metrics will meet your expectations
• Third-party platforms will remain compatible with the Service

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages arising from your use of Generated Content
• Damages resulting from third-party platform changes or outages
• Damages from unauthorized access to your Account

12.2 Cap on Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR
• One hundred US dollars ($100)

12.3 Exceptions

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your ad content or advertising practices
• Your violation of any applicable laws or regulations

14. Service Modifications and Termination

14.1 Service Changes

We may modify, suspend, or discontinue the Service (or any part thereof) at any time. We will provide reasonable notice for material changes that negatively affect your use.

14.2 Termination by You

You may terminate your Account at any time by:

• Cancelling your Subscription through the dashboard
• Contacting us at hello@muzecmo.com

14.3 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• If required by law
• If we discontinue the Service
• For any other reason with 30 days' notice

14.4 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your data after a reasonable retention period
• Provisions that by their nature should survive (indemnification, limitation of liability, etc.) shall survive

15. Dispute Resolution

15.1 Informal Resolution

Before filing any legal claim, you agree to contact us at hello@muzecmo.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in Delaware, USA, unless otherwise agreed.

15.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

15.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Muze AI regarding the Service.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.

17.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Notices

We may provide notices to you via email, in-app notifications, or posting on our website. You may contact us at the addresses below.

17.6 Force Majeure

We shall not be liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, or infrastructure failures.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered address
• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

19. Contact Information

If you have questions about these Terms, please contact us:

Muze AI
Operated by Agentprod Inc
Email: hello@muzecmo.com
Address: 8 The Green, Ste A, Dover, DE 19901, United States

By using Muze AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.