Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”) and To Better Digital SASU, a French Société par Actions Simplifiée Unipersonnelle registered in Paris, France, operating under the trademark ADSAP (INPI deposit #5235158) (“ADSAP”, “we”, “us”). By accessing or using the ADSAP platform at adsap.ai (the “Platform”), you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms are intended for business use (B2B). By subscribing, you represent that you are acting in a professional capacity and not as a consumer within the meaning of the French Code de la consommation.

2. Definitions

3. Service Description

ADSAP provides a Meta advertising automation platform that enables you to manage Meta ad campaigns, ad sets, and ads through a web interface and conversational AI tools. The Platform connects to your Meta ad accounts via the official Meta Marketing API and provides features including campaign creation and management, performance reporting, creative asset management (via Google Drive integration), targeting search, and bulk operations.

ADSAP acts as an intermediary tool between you and the Ad Network. Your use of Meta’s advertising services remains governed entirely by Meta’s own terms of service, advertising policies, and community standards. ADSAP does not replace, supersede, or assume the obligations of Meta’s terms.

4. Account and Prerequisites

To use the Platform, you must: (a) create an ADSAP account with a valid email address; (b) connect at least one Meta ad account via OAuth; (c) subscribe to a paid plan. To use the Claude MCP integration, you must additionally maintain an active Claude subscription (Claude Pro, Team, or Enterprise) directly with Anthropic. ADSAP is not responsible for the availability, pricing, or terms of the Claude subscription.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

5. Subscription and Payment

The Platform is offered on a subscription basis with monthly or annual billing cycles. Prices are displayed in US dollars and exclude applicable taxes (VAT). Payment is processed by Stripe. You authorize recurring charges to your payment method for the duration of your subscription.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through the Platform or by contacting jeremy@tobetterdigital.com. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

We reserve the right to modify pricing with at least 30 days’ notice. Continued use after the price change constitutes acceptance.

6. License and Restrictions

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during the subscription term.

You may not: (a) sublicense, resell, or redistribute access to the Platform; (b) reverse-engineer, decompile, or disassemble the Platform; (c) use the Platform to violate any applicable law or Meta’s advertising policies; (d) attempt to bypass rate limits, safety guardrails, or security controls; (e) use the Platform to manage ad accounts you are not authorized to manage; (f) use automated scripts to interact with the Platform outside of the provided API and MCP interfaces.

7. Customer Data and Intellectual Property

You retain all ownership rights in your Customer Data. By using the Platform, you grant ADSAP a non-exclusive, worldwide, royalty-free license to access, store, cache, and display your Customer Data solely as necessary to provide and improve the Platform’s services. This license terminates upon termination of your subscription and deletion of your data.

ADSAP retains all intellectual property rights in the Platform, including its software, design, MCP tools, workflow engine, and documentation. The ADSAP trademark (INPI #5235158) and brand assets are the exclusive property of To Better Digital SASU.

8. Third-Party Services

The Platform integrates with third-party services including Meta (advertising API), Google (Drive API), and Anthropic (Claude AI). Your use of these services through the Platform is subject to their respective terms of service and policies. You represent that you have the authority to grant the Platform OAuth access to your Meta and Google accounts. ADSAP is not responsible for the availability, performance, or policies of third-party services.

In particular, you acknowledge that: (a) Meta may reject, disable, or restrict ads created through the Platform based on Meta’s own policies; (b) AI-generated suggestions or ad copy are provided as assistance and require your review and approval before execution; (c) Anthropic’s acceptable use policies apply to your use of the AI Features.

9. AI Features and Acceptable Use

The AI Features are provided through Anthropic’s Claude API under their commercial terms. When using AI Features, you agree to comply with Anthropic’s acceptable use policy. You may not use AI Features to: generate deceptive or misleading ad content; create content that violates Meta’s advertising standards; circumvent safety filters or guardrails; or process data in violation of applicable data protection laws.

AI-generated outputs are provided as suggestions. You are solely responsible for reviewing, approving, and publishing any ad content. The Platform includes safety guardrails including dry-run validation, budget caps, and explicit approval requirements, but these do not constitute a guarantee against policy violations by the Ad Network.

10. Safety Guardrails

The Platform includes built-in safety mechanisms including per-account budget counters, rate limiting, dry-run validation, deduplication windows, and audit logging. These guardrails are designed to reduce operational risk but are provided on an obligation de moyens (best-efforts) basis, not an obligation de résultat (guaranteed outcome). You remain responsible for monitoring your ad campaigns and budgets.

11. Service Availability (SLA)

We target 99.5% uptime for the Platform, measured monthly, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 24 hours in advance when possible.

Downtime caused by the following is excluded from SLA calculations: (a) Meta API outages, rate limits, or policy changes; (b) Google API unavailability; (c) Anthropic API unavailability; (d) force majeure events; (e) actions or omissions by you or your users; (f) internet connectivity issues outside our control.

12. Indemnification

You agree to defend, indemnify, and hold harmless To Better Digital SASU, its officers, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your violation of Meta’s advertising policies or terms of service; (c) your ad content, including content created with the assistance of AI Features; (d) your unauthorized use of third-party Ad Network services through the Platform; (e) any third-party claim that your Customer Data infringes intellectual property rights.

13. Limitation of Liability

To the maximum extent permitted by French law:

14. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or that it will meet your specific requirements.

15. Data Portability and Reversibility

Upon termination of your subscription, you may request an export of your Customer Data in a standard machine-readable format (JSON or CSV) within 30 days of termination. After this 30-day period, your data will be permanently deleted from our systems, except where retention is required by applicable law.

Your ad campaigns, ad sets, and ads created through the Platform exist directly in your Meta ad account and are not affected by termination of your ADSAP subscription.

16. Suspension and Termination

We may suspend or terminate your access to the Platform if: (a) you breach these Terms; (b) your payment fails and is not resolved within 14 days; (c) your use poses a security risk or violates applicable law; (d) continued provision of the service becomes commercially unreasonable.

Either party may terminate the subscription for convenience at the end of the current billing period by providing written notice. Upon termination, your access to the Platform ceases, and we will delete your data in accordance with Section 15 and our Privacy Policy.

17. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of France. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France.

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

18. Modifications to These Terms

We may modify these Terms at any time. Material changes will be notified at least 30 days before taking effect via email or through the Platform. If you do not agree with the modified Terms, you may terminate your subscription before the changes take effect. Continued use after the effective date constitutes acceptance.

19. General Provisions

20. Contact

For questions about these Terms, contact: