Terms of Service

OVERVIEW By accessing the website at adevolver.uk you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. ACCEPTANCE When you visit, view, use, or access our website adevolver.uk and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, registering an Account on the Platform, or other online services provided by Market Essentials Limited trading as AdEvolver (collectively, the "Platform"), whether as a guest or a registered user, you are agreeing to the following terms and conditions ("Terms of Service"). Please take a few minutes to read over the Terms of Service below. Acceptance of quotations from the platform and payment of fees will be taken as acceptance of the terms and conditions. PLEASE NOTE THAT IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: FOR BUSINESS USERS: Except for certain types of disputes described below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. CONSUMER PROTECTION: If you are a consumer (individual purchasing for personal use) or micro-enterprise (fewer than 10 employees) located in the UK or EU, this arbitration clause does not apply to you. You retain all rights under applicable consumer protection laws, including the right to bring claims in your local courts. EXCLUDED DISPUTES: The following disputes are excluded from arbitration for all users: - Intellectual property disputes - Data protection and privacy claims - Claims that can be resolved in small claims court - Injunctive relief requests COMPANY INFORMATION Market Essentials Limited (Company Number: 16766177) Registered Office: 128 City Road, London, EC1V 2NX, United Kingdom Trading as: AdEvolver ACCEPTANCE OF TERMS OF SERVICE If you do not agree to these Terms of Service, you are not permitted to use the Platform. Market Essentials Limited can change these Terms of Service at any time and inform you through various means, including but not limited to, internal site messages, pop-up windows, and email notifications. It is your responsibility to review these Terms of Service, as it creates a binding legal agreement between you and Market Essentials Limited. If you use the Platform after we have changed any of the Terms of Service, you are agreeing to all the changes. To use Services, you must be a registered user and you must accept the terms and conditions (including those regulating the processing of personal data), by ticking the "I agree" box when you sign up to the Services whereby you are entering into a legally binding agreement with Market Essentials Limited. DEFINITIONS In these terms and conditions, certain definitions used shall have the meaning as specified on 3rd party advertising platforms. The following additional definitions shall also have the meanings set forth below: "Company," "we," "us," or "our" refers to Market Essentials Limited trading as AdEvolver "3rd Party Advertising Networks" means any platform AdEvolver is connected to run advertising such as Meta (Facebook, Instagram), Google Ads, TikTok, X (formerly Twitter), and LinkedIn "Agreement" means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time as well as all 3rd party advertising platforms Terms "Ads Content" means all information and files that you post on advertising platforms using the Services "Platform Terms" means the applicable terms of service, advertising policies, and community standards of third-party advertising platforms, which are incorporated by reference and may be updated from time to time by the respective platforms "Subscription" means the subscription service that entitles you to use AdEvolver to publish and manage ads on 3rd party advertising platforms "AI Services" means the artificial intelligence powered features including but not limited to product analysis, ad generation, and campaign optimization DESCRIPTION OF SERVICE AdEvolver provides an AI-powered advertising optimization platform that uses evolutionary algorithms to automatically improve advertising performance across various platforms. Our services include: 1. AI-powered product analysis and market research 2. Automated ad creative generation and optimization 3. Campaign performance monitoring and optimization 4. Real-time advertising insights and recommendations 5. Multi-platform advertising management and automation 6. Evolutionary algorithm-based ad testing and improvement USER ACCOUNTS AND REGISTRATION To access certain features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, company information, and business details. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CUSTOMER COMPLIANCE AND REPRESENTATIONS ADVERTISING CONTENT COMPLIANCE: You represent and warrant that all advertising content, materials, and data you provide or generate through our Service: - Comply with all applicable laws, regulations, and industry standards - Do not infringe any intellectual property rights, privacy rights, or other rights of third parties - Are truthful, accurate, and not misleading or deceptive - Comply with advertising standards authorities in your target markets - Meet the content policies of all relevant advertising platforms THIRD-PARTY PLATFORM COMPLIANCE: You acknowledge and agree that: - You are bound by the terms of service, advertising policies, and community standards of all third-party advertising platforms you use through our Service - You will comply with all platform-specific policies, including but not limited to content policies, targeting restrictions, and prohibited content guidelines - Platform policy violations may result in account suspension or termination by the platform - We are not responsible for platform policy enforcement or account suspensions - Platform terms and policies are subject to change by the respective platforms For current links to platform terms and policies, please visit our Platform Policies Reference page at adevolver.uk/platform-policies (maintained and updated regularly). LEGAL AND REGULATORY COMPLIANCE: You represent, warrant, and covenant that you will: - Comply with all applicable sanctions, export controls, and trade restrictions - Not use the Service for any activities involving sanctioned countries, entities, or individuals - Comply with anti-money laundering (AML) and counter-terrorism financing (CTF) laws - Not engage in any corrupt practices or bribery in connection with your use of the Service - Obtain all necessary licenses, permits, and approvals for your advertising activities - Comply with data protection laws (GDPR, CCPA, etc.) for any personal data you process INTELLECTUAL PROPERTY WARRANTIES: You warrant that: - You own or have valid licenses for all content, trademarks, and materials you use - Your use of any third-party content complies with applicable licensing terms - You will not use our Service to infringe any patents, copyrights, trademarks, or trade secrets - You will indemnify us against any intellectual property claims arising from your content PROHIBITED ACTIVITIES: You agree not to use the Service for: - Illegal products, services, or activities - Adult content, gambling, or age-restricted products (unless properly licensed and compliant) - Misleading health claims or unsubstantiated product benefits - Cryptocurrency, forex, or high-risk financial products (unless properly regulated) - Political advertising without proper disclosures and compliance - Content that promotes violence, hatred, or discrimination AI-GENERATED CONTENT RESPONSIBILITIES: Regarding AI-generated advertising content: - You must review and approve all AI-generated content before publication - You are solely responsible for the accuracy, legality, and appropriateness of published content - We provide AI suggestions as tools only; final decisions and responsibility remain with you - You acknowledge that AI-generated content may require human oversight and editing - You will not rely solely on AI-generated content without proper review and validation INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Market Essentials Limited and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: - Your breach of these Terms or applicable laws - Your advertising content or campaigns - Your violation of third-party rights - Your non-compliance with platform policies or regulatory requirements - Any claims related to your products, services, or business practices INTELLECTUAL PROPERTY RIGHTS The Service and its original content, features, and functionality are and will remain the exclusive property of Market Essentials Limited and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. DATA PROCESSING AGREEMENT (FOR BUSINESS CUSTOMERS) When you use our Services to process personal data of your customers or employees, the following Data Processing Agreement (DPA) applies in addition to our Privacy Policy. For detailed information about our data protection practices, international transfers, and security measures, please refer to our Privacy Policy at adevolver.uk/privacy. ROLES AND RESPONSIBILITIES: - You act as the Data Controller for any personal data you upload or process through our Service - We act as a Data Processor, processing personal data solely on your documented instructions - You remain responsible for compliance with all applicable data protection laws PROCESSING INSTRUCTIONS: - We will process personal data only for the purposes of providing the Services as described in these Terms - Processing includes: storing, analyzing, optimizing, and transmitting data to advertising platforms as instructed - We will not process personal data for any other purpose without your prior written consent DATA CATEGORIES AND RETENTION: - Categories of data: Customer contact information, behavioral data, advertising performance metrics - Data subjects: Your customers, website visitors, advertising audiences - Retention period: As specified in our Privacy Policy or until you request deletion - Processing location: EEA, UK, and other countries with appropriate safeguards SECURITY MEASURES: We implement appropriate technical and organizational measures including: - Encryption of data in transit and at rest - Access controls and authentication systems - Regular security assessments and monitoring - Staff training on data protection requirements SUB-PROCESSORS: - We may engage sub-processors (cloud providers, advertising platforms) to assist in providing the Services - Current sub-processors include: [Cloud hosting providers, Meta, Google, other advertising platforms] - We will notify you of any changes to sub-processors with 30 days' notice - You may object to new sub-processors, and we will work to find alternative solutions DATA SUBJECT RIGHTS: - We will assist you in responding to data subject requests (access, rectification, erasure, etc.) - You are responsible for verifying the identity of data subjects making requests - We will provide necessary technical assistance within 30 days of your request DATA BREACHES: - We will notify you of any personal data breach without undue delay and within 72 hours where feasible - We will provide all information necessary for you to meet your breach notification obligations - We will assist in investigating and mitigating any data breaches INTERNATIONAL TRANSFERS: - Transfers outside EEA/UK are protected by Standard Contractual Clauses or adequacy decisions - You can request copies of transfer safeguards by contacting legal@adevolver.uk AUDIT RIGHTS: - You may audit our compliance with this DPA upon reasonable notice - We will provide necessary documentation and access to demonstrate compliance - Audits will be conducted during business hours and will not unreasonably interfere with our operations TERMINATION: - Upon termination, we will delete or return all personal data within 30 days unless legally required to retain it - You may request data export in a commonly used format before deletion PAYMENT TERMS Subscription fees are billed in advance on a monthly or annual basis. We offer a 14-day refund policy for Individual/Small Business customers as detailed in the Refund Policy section below. Enterprise/Agency customers have limited refund rights as specified below. REFUND POLICY INDIVIDUAL/SMALL BUSINESS CUSTOMERS (EU/UK/EEA): - Individuals managing their own ad accounts - Small businesses with fewer than 50 employees - Freelancers and consultants - 14-day cooling-off period: Full refund available within 14 days of purchase - Right of withdrawal applies only if service has not been substantially used - If you have actively used the Service (created more than 1 project, generated more than 10 ad variations, or run campaigns for more than 24 hours), you may be charged for proportionate use during the cooling-off period - To exercise withdrawal right, contact support@adevolver.uk before substantial use begins INDIVIDUAL/SMALL BUSINESS CUSTOMERS (OTHER REGIONS): - Refunds available only in exceptional circumstances: * Technical issues preventing service access for more than 48 hours * Service materially different from description * Billing errors or unauthorized charges - Refund requests require documentation and are reviewed case-by-case - No refunds for change of mind, unused features, or partial usage ENTERPRISE/AGENCY CUSTOMERS (ALL REGIONS): - Digital marketing agencies - Large corporations (50+ employees) - Resellers and service providers - No cooling-off period applies to B2B transactions - Refunds only for: * Prolonged technical failures (>72 hours) * Material breach of service terms by AdEvolver * Billing errors - All business refunds require written justification PROTECTION MEASURES: - Substantial use is defined as: creating more than 1 project, generating more than 10 ad variations, or running campaigns for more than 24 hours - Refunds processed to original payment method within 14 days - One refund per customer per 12-month period - Refund abuse may result in account termination GENERAL TERMS: - No refunds for partial months after initial period - No upgrade/downgrade refunds (service continues at new tier) - Seasonal promotions and discounts are final sale - All decisions comply with applicable consumer protection laws PRICING AND CHANGES: - All prices are stated in GBP (£) unless otherwise specified - Prices are inclusive of all applicable taxes - We are currently not VAT registered; if we become VAT registered in the future, VAT will be added to prices with 30 days' notice - Price changes will be notified at least 30 days in advance - If you do not agree to price changes, you may cancel your subscription before the new price takes effect INVOICING: - Invoices are provided electronically through your account dashboard - Invoices include all required information for your accounting and tax purposes - Historical invoices can be downloaded at any time from your account - For specific invoice requirements, contact support@adevolver.uk CUSTOMER PROTECTION RIGHTS: - These Terms do not affect your statutory rights under applicable consumer protection laws - Individual/Small Business customers retain all rights under the Consumer Rights Act 2015 (UK) or equivalent EU consumer protection laws - Nothing in these Terms excludes or limits our liability for rights that cannot be waived - For disputes, Individual/Small Business customers in the EU may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr PRIVACY AND DATA PROTECTION Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding data collection, use, and protection. LIMITATION OF LIABILITY GENERAL LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKET ESSENTIALS LIMITED, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. LIABILITY CAP: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR £100, WHICHEVER IS GREATER. CONSUMER PROTECTION: Nothing in these Terms shall exclude or limit our liability for: - Death or personal injury caused by our negligence - Fraud or fraudulent misrepresentation - Any liability that cannot be excluded or limited under applicable law - Statutory rights of consumers that cannot be waived BUSINESS USER ACKNOWLEDGMENT: If you are using our Services for business purposes, you acknowledge that: - You have adequate insurance coverage for your business operations - You understand the inherent risks of digital advertising and AI-generated content - You will not rely solely on our Service for your business operations FORCE MAJEURE: We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control. GOVERNING LAW AND JURISDICTION These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. CHANGES TO TERMS We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. CONTACT INFORMATION If you have any questions about these Terms, please contact us at: General Legal Inquiries: legal@adevolver.uk Customer Support: support@adevolver.uk Registered Office: Market Essentials Limited, 128 City Road, London, EC1V 2NX, United Kingdom Please note: For fastest response, contact us via email. Our registered office address is for legal correspondence only. CHILDREN'S PRIVACY Our Services are not directed to children under 16 years of age, in compliance with GDPR and UK GDPR requirements. We do not knowingly collect personal information from children under 16. If you are under 16 years of age, please do not attempt to register for an account or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under 16 without verification of parental consent, we will delete that information as quickly as possible. If you believe that a child under 16 years of age has provided us with personal information, please contact us at privacy@adevolver.uk. For users in jurisdictions where different age thresholds apply (such as 13 years under COPPA in the United States), we apply the higher age threshold of 16 years to ensure global compliance with the most protective standards. TERMINATION TERMINATION BY US: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include: - Breach of these Terms or applicable laws - Non-payment of fees - Fraudulent or illegal activity - Violation of third-party platform policies - Abuse of our Service or systems TERMINATION BY YOU: You may terminate your account at any time by: - Cancelling your subscription through your account settings - Contacting us at support@adevolver.uk - Providing written notice to our registered office DATA EXPORT AND DELETION: Upon termination of your account: 30-DAY DATA EXPORT WINDOW: - You have 30 days from termination to request export of your data - Data export requests must be submitted to support@adevolver.uk - We will provide your data in commonly used formats (CSV, JSON, or PDF) AVAILABLE DATA FORMATS: - Campaign data and performance metrics: CSV or JSON format - Account information and settings: JSON format - Generated content and creative assets: Original formats where available - Reports and analytics: PDF or CSV format DATA EXPORT PROCESS: - Request received within 30 days: Data provided within 7 business days - Export provided via secure download link (valid for 14 days) - Large datasets may be split into multiple files - No charge for standard data export during the 30-day window DATA DELETION: - After 30 days or upon your request, we will delete all your data - Deletion completed within 90 days of termination - Some data may be retained for legal compliance (up to 7 years for financial records) - Anonymised data may be retained for statistical purposes - Upon request, we will provide written confirmation of data deletion EXCEPTIONS TO DELETION: Data may be retained longer if: - Required by law or legal proceedings - Necessary to resolve disputes or enforce agreements - Stored in backup systems (deleted within next backup cycle) - Already anonymised and used for aggregate statistics EFFECT OF TERMINATION: Upon termination, your right to use the Service will cease immediately, including: - Access to your account and dashboard - All active advertising campaigns (you must manage these directly with platforms) - AI-generated content and recommendations - Support and maintenance services ENTIRE AGREEMENT These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. SEVERABILITY If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Last Updated: October 11, 2025