Terms of Service

1. The service

ROI.me is a software platform for advertising. It includes the ROI Pixel, Brand Brain, creative generation and editing, audiences, campaign management across connected advertising networks, analytics, ROI Agent, the API, the MCP server and related features (the "Service"), as described at roi.me and in the application.

We may improve and change the Service over time. If we remove a material feature you are paying for, we will give you reasonable notice and, if you are affected, a pro-rata refund of prepaid fees for it.

Features labeled "beta", "preview", "simulated" or "development" are provided as-is, may change or be withdrawn, and are excluded from any service commitments.

2. Accounts and users

• You are responsible for your organization's account and everything done under it, including by your users, API keys and AI agents you connect through the API or MCP.
• Users must be your employees or contractors (or, for agencies, your clients' personnel you authorize), at least 18 years old, and must keep their credentials secure.
• Assign roles carefully. Users with spend approval permissions can authorize real advertising spend. Tell us promptly at [email protected] if you suspect unauthorized access.
• You must give accurate account and billing information and keep it current.

3. Advertising, spend and approvals

ROI.me can create, change, pause and fund campaigns in advertising accounts you connect. Because this moves money, these terms apply:

• You control spend. Campaigns launch only after a user with spend approval permission approves them and confirms the budget. You decide who holds that permission.
• Autonomy is your choice. You choose the ROI Agent autonomy level and the financial limits that bound automated changes. Changes made within the level and limits you set are made on your instructions.
• Media costs are yours. Advertising networks bill you directly for media spend. ROI.me fees do not include media spend, and ROI.me is not a party to your agreements with advertising networks.
• Network rules apply. You must follow each advertising network's terms, advertising policies and data rules. Networks may reject ads, restrict accounts or change their products, and we are not responsible for their decisions.
• Results aren't guaranteed. Recommendations, predictions, scores and attribution are estimates based on available data. They are not promises of performance.
• You can pause campaigns from the Service at any time, and you can always manage your campaigns directly in the advertising network.

4. Your data and the ROI Pixel

"Customer Data" means data you or your users submit to the Service, or that the Service collects for you through the ROI Pixel or connected services. As between you and us, you own Customer Data.

• You grant us a limited right to host, process and transmit Customer Data to provide, secure and support the Service, and as described in our Data Processing Addendum at roi.me/dpa, which forms part of these Terms.
• You are responsible for your website visitors' privacy. Before using the ROI Pixel or uploading personal data, you must provide the notices and obtain the consents the law requires, including for cookies and advertising, and have a lawful basis for sending data to advertising networks.
• Do not send us special categories of personal data (such as health, religious or biometric data), government identifiers, payment card numbers or data about children under 16, except where a feature is expressly designed for it.
• We may create aggregated, de-identified data from use of the Service to operate and improve it. It will not identify you, your users or any individual. We do not use Customer Data to train AI models.

5. AI features and generated content

• The Service uses third-party AI models to generate text, images, video and audio ("Output") and to answer questions. As between you and us, you own the Output generated for you, and we assign to you any rights we have in it.
• Output can be inaccurate, similar to content generated for others, or unsuitable for your purpose. You are responsible for reviewing Output before using it, including checking claims in ads, and for ensuring your use complies with law and advertising policies.
• You must have the rights to anything you upload or reference, including brand assets, product images and likenesses. Don't use the Service to create content that impersonates a real person without their permission.

6. Acceptable use

You must not, and must not let anyone else:

• break the law, or advertise illegal products or services;
• create deceptive, defamatory, discriminatory, hateful or sexually explicit content, or content that infringes someone else's rights;
• use the Service to identify anonymous individuals, build profiles of people without a lawful basis, or discriminate in housing, employment, credit or other protected areas;
• send spam, malware, or harmful code;
• probe, scan or test the Service's vulnerabilities (except through our security disclosure process at roi.me/security), or bypass its security, rate limits, usage limits or approvals;
• access another customer's data, or share accounts to avoid fees;
• resell the Service without our written agreement (agencies may use it for their clients);
• copy, reverse engineer or build a competing product from the Service.

7. Third-party services

The Service connects to services we don't control, including advertising networks, CRMs, commerce platforms, AI providers and the erp.io sign-in service. Your use of them is governed by their terms. We are not responsible for their availability, changes or conduct, and a change to a third-party service may require us to change or stop a related feature.

8. Fees, trials and billing

• Plans. Fees, included usage and limits are set out on our pricing page or in your order. Paid plans are billed in advance, monthly or annually, through our payment processor, and renew automatically until canceled.
• Trials. New organizations may receive a free trial. When a trial or paid subscription ends without an active paid plan, the account becomes read-only: tracking and reporting continue, but creating, generating, launching and API access stop until you choose a plan.
• Usage. Some features, such as AI generation, use credits or have usage limits. Unused credits do not roll over unless your plan says so.
• Changes. You can upgrade or downgrade in the application; changes are prorated as shown before you confirm. We may change prices with at least 30 days' notice, effective at your next renewal.
• Payment. You authorize us to charge your payment method. Fees are non-refundable except where these Terms or the law say otherwise. If payment fails, we may make the account read-only after a reasonable grace period.
• Taxes. Fees exclude taxes. You are responsible for applicable sales, use, VAT and similar taxes, other than taxes on our income.

9. Our intellectual property

We own the Service, including its software, design, documentation and our trademarks. We grant you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes (including, for agencies, on behalf of your clients), subject to these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

10. Confidentiality

Each party will protect the other's confidential information with reasonable care, use it only to perform under these Terms, and share it only with personnel and contractors who need to know it and are bound to protect it. This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or rightfully received from someone else. A party may disclose confidential information if the law requires, after giving notice where legally allowed.

11. Security and data protection

We maintain the security measures described at roi.me/security and in our Data Processing Addendum at roi.me/dpa. Our Data Processing Addendum, including the Standard Contractual Clauses where applicable, applies to our processing of personal data in Customer Data and is incorporated into these Terms.

12. Suspension

We may suspend access to all or part of the Service, with notice where practical, if we reasonably believe it is necessary to prevent harm to the Service, other customers or third parties; to comply with law or an advertising network's requirements; or because of a material breach of these Terms or unpaid fees. We may also pause automated or spend-affecting actions platform-wide to protect customers during an incident. We will restore access once the issue is resolved.

13. Term and termination

• These Terms apply while you use the Service. You can cancel your subscription in the application at any time, effective at the end of the current billing period, and you can delete your organization in the application.
• Either party may terminate for material breach not cured within 30 days of notice. We may terminate immediately for serious violations of the acceptable use rules.
• When an organization is deleted, we pause its live campaigns, disconnect its connected services, revoke its API keys and cancel its subscription. Its data is permanently deleted 30 days later. Export anything you need before deleting.
• Sections that by their nature should survive termination, including fees owed, confidentiality, disclaimers, limitation of liability and indemnities, survive.

14. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and that it will perform materially as described in our documentation. If it doesn't, tell us and we will work to fix it; if we can't within a reasonable time, you may terminate and receive a refund of prepaid fees for the remaining term. This is your exclusive remedy for breach of this warranty.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY CAMPAIGN WILL ACHIEVE A PARTICULAR RESULT.

15. Limitation of liability

TO THE EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID OR OWED TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

We are not liable for advertising spend or results arising from campaigns, budgets or changes that you (or your users, API keys or connected agents) approved, or that were made within the autonomy level and limits you set, or for decisions made by advertising networks.

These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.

16. Indemnities

By us. We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. This does not cover claims arising from Customer Data, Output, your content, combinations with things we didn't provide, or use in breach of these Terms. If the Service is subject to such a claim, we may modify it, get you the right to keep using it, or terminate the affected part and refund prepaid fees for it.

By you. You will defend us against third-party claims arising from Customer Data, your advertising and content, your use of Output, or your breach of the acceptable use rules or the law, and pay resulting damages and costs finally awarded or agreed in settlement.

The indemnified party must give prompt notice of the claim, let the other party control its defense and settlement, and cooperate reasonably.

17. Governing law and disputes

These Terms are governed by the laws of the State of Arkansas, United States, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Arkansas, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

18. General

• Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and give at least 30 days' notice of material changes by email or in the application. Continuing to use the Service after the change takes effect means you accept it.
• Order of precedence. If you have a signed order form or agreement with us, it controls over these Terms where they conflict, followed by the Data Processing Addendum (for data protection matters) and then these Terms.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all related assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Publicity. We may identify you as a customer by name and logo unless you ask us not to.
• Notices. We send notices to the account owner's email address. Send notices to us at [email protected].
• Entire agreement. These Terms, the documents they incorporate and any order form are the whole agreement on their subject. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors.

Questions about these Terms: [email protected].