Terms of Service

Last Updated: September 14, 2025

1. Agreement to Terms

Welcome to Zaplane Insights ("Zaplane," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zaplane Insights regarding your access to and use of our marketing intelligence platform, website, software applications, and related services (collectively, the "Services").

By accessing, registering for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Service Description and Scope

2.1 Platform Overview

Zaplane Insights provides an AI-powered marketing intelligence and optimization platform designed to help businesses analyze, optimize, and automate their digital advertising campaigns across multiple platforms. Our Services include:

Cross-platform advertising campaign analysis and performance tracking
AI-powered budget allocation recommendations and optimization
Real-time performance analytics, reporting, and data visualization
Automated campaign management and optimization
Integration with third-party advertising platforms (Meta Ads, Google Ads, TikTok Ads, Amazon Ads, LinkedIn Ads)
Integration with e-commerce platforms (Shopify, WooCommerce)
Custom dashboards and reporting tools
AI-driven insights and recommendations for marketing optimization

2.2 Third-Party Platform Integrations

Our Services require integration with and access to third-party advertising and e-commerce platforms through their respective APIs. By using our Services, you authorize us to access, retrieve, and process data from your connected accounts for the purposes of providing our Services.

Important: We are not affiliated with, endorsed by, or sponsored by any third-party platforms we integrate with. We comply with each platform's API terms of service and data policies.

3. AI Automation Services and Associated Risks

CRITICAL: AI Automation & Liability Disclaimer

NO GUARANTEE OF RESULTS: Our AI-powered automation makes NO guarantee of improved performance, increased ROI, or positive outcomes. AI recommendations may reduce performance or increase costs.

YOUR ULTIMATE RESPONSIBILITY: YOU are solely responsible for all advertising decisions, campaign changes, and spending. You must monitor all automated actions and maintain budget controls in your advertising platforms.

LIABILITY LIMITATION: Zaplane is NOT liable for wasted ad spend, poor campaign performance, lost revenue, or any damages arising from AI automation. Our maximum liability is limited to 12 months of fees paid.

By using AI automation features, you expressly acknowledge and accept these risks and release Zaplane from all liability.

3.1 Automated Campaign Management

Zaplane offers AI-powered automation features that can automatically modify, optimize, and manage your advertising campaigns across connected platforms. These automated features are designed to improve campaign performance, but they involve inherent risks.

Our AI automation system may perform actions on your connected advertising accounts including:

Adjusting daily, weekly, or campaign-level budgets (increases and decreases)
Modifying keyword bids, target CPA, target ROAS, and bidding strategies
Pausing, activating, or archiving campaigns, ad groups, ad sets, or individual advertisements
Adjusting audience targeting parameters, demographics, interests, and behaviors
Modifying geographic, device, and placement targeting
Changing ad scheduling, dayparting, and delivery optimization settings
Creating, editing, or removing ad creative elements where platform APIs permit
Adjusting conversion tracking and attribution settings
Implementing A/B testing and experiment configurations

3.2 AI System Limitations and Risks

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

AI Technology Limitations:

Artificial intelligence systems, including ours, are not perfect and can make errors in judgment, calculation, or execution
AI recommendations are based on historical data and may not accurately predict future performance
Market conditions can change rapidly in ways AI systems cannot anticipate
AI automation operates within the constraints of third-party platform APIs

User Responsibility and Oversight:

YOU maintain complete and sole responsibility for all advertising accounts, campaigns, and spending
YOU are responsible for setting appropriate budget limits and safety controls within your advertising platforms
YOU must regularly monitor your campaigns and review AI-generated changes
YOU are responsible for ensuring automated actions comply with platform policies and laws
YOU acknowledge that failure to monitor automated changes may result in overspending or poor performance

Financial and Performance Risks:

Automated budget increases may result in higher advertising spend than anticipated
Campaign modifications may temporarily or permanently reduce performance metrics
Automated changes may conflict with your business objectives or marketing goals
There is NO GUARANTEE that AI-optimized campaigns will perform better than manual management

3.3 Rollback and Change Management

We provide rollback functionality allowing you to reverse AI-made changes within 30 days. However, you acknowledge:

Rollback cannot guarantee restoration of previous campaign performance
We cannot recover advertising spend already incurred
Some platform-specific changes may be irreversible
Rollback does not undo impressions served, clicks generated, or conversions tracked

3.4 Limitation of Liability for AI Automation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPLANE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM AI AUTOMATION, INCLUDING:

Lost, wasted, or inefficiently spent advertising budget
Reduced campaign performance, ROAS, or ROI
Lost sales, revenue, profits, or business opportunities
Damage to brand reputation or customer relationships
Advertising account suspensions or policy violations
Data loss or corruption
Business interruption or operational disruption
Any other damages whatsoever, whether foreseeable or not

By enabling AI automation, you voluntarily assume all risks and expressly release Zaplane from any and all liability.

4. User Accounts and Eligibility

4.1 Account Registration

To access our Services, you must create an account and agree to:

Provide truthful and accurate registration information
Maintain and update your account information
Maintain the security of your account credentials
Not share your account with any third party
Immediately notify us of unauthorized access
Accept responsibility for all activities under your account

4.2 Eligibility Requirements

You represent and warrant that:

You are at least 18 years of age
You have legal capacity to enter into binding contracts
You are not prohibited from using our Services under applicable laws
If registering for a business, you have proper authorization
All information you provide is accurate and truthful

5. Acceptable Use Policy

5.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms, applicable laws, and industry standards.

5.2 Prohibited Activities

You agree that you will NOT:

Illegal and Fraudulent Activities:

Violate any applicable laws or regulations
Engage in fraudulent, deceptive, or misleading activities
Use Services to promote illegal products or services
Infringe upon intellectual property rights
Violate privacy or data protection rights

Technical and Security Violations:

Attempt unauthorized access to our systems or networks
Reverse engineer or decompile our Services
Use automated systems or bots without permission
Introduce viruses, malware, or malicious code
Interfere with system integrity or performance
Attempt to circumvent security measures

Platform Policy Violations:

Violate third-party platform terms of service
Create campaigns that violate platform content policies
Engage in click fraud or impression fraud

6. Data Collection, Use, and Privacy

6.1 Data Access Authorization

By connecting third-party accounts, you grant Zaplane permission to:

Access and retrieve data from your connected platforms
Process, analyze, and store this data to provide our Services
Use aggregated and anonymized data to improve our AI models

6.2 Google User Data

When you authorize our application to access your Google accounts (Google Ads, Google Analytics), we commit to:

Limited Use: Use Google user data only for authorized purposes
No Unauthorized Human Access: Human access only for security or with your consent
No Transfer: We do not sell or transfer Google user data to third parties
Secure Handling: Appropriate security measures protect your data

6.3 Privacy Policy

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

7. Third-Party Platform Dependencies

7.1 No Control Over Third-Party Platforms

YOU ACKNOWLEDGE THAT:

We do not control third-party platforms or their APIs
Third-party platforms may change or discontinue APIs without notice
API changes may affect functionality of our Services
We are not liable for third-party platform issues or outages
Third-party platforms may impose rate limits or usage restrictions

7.2 Platform Policy Compliance

You are solely responsible for ensuring your campaigns comply with all third-party platform policies. We are not responsible for account suspensions or restrictions imposed by third-party platforms.

8. Payment Terms and Billing

8.1 Subscription Plans

Zaplane offers the following subscription plans:

Starter Plan: $397/month
Professional Plan: $897/month
Enterprise Plan: $1,597/month

All plans include a 14-day free trial. Pricing subject to change with 30 days' notice.

8.2 Billing and Payment

Subscriptions billed monthly on subscription date
You authorize automatic charges to your payment method
You must maintain current payment information
Payments processed through third-party processors

8.3 Refund Policy

30-Day Money-Back Guarantee: Full refund within 30 days for new subscribers (first-time purchases only)

Prorated Refunds: Available for unused portion when canceling mid-cycle

No Refunds: For accounts terminated due to Terms violations or advertising spend incurred

9. Intellectual Property Rights

9.1 Zaplane Intellectual Property

All content, features, software, designs, and materials comprising our Services are owned by Zaplane and protected by intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Services. This license does NOT permit you to:

Copy, modify, or create derivative works
Reverse engineer or extract source code
Remove proprietary notices
Use Services to develop competing products

10. Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING:

Merchantability: No warranty Services are suitable for your purposes
Fitness for Purpose: No warranty Services meet your requirements
Non-Infringement: No warranty Services don't infringe third-party rights
Accuracy: No warranty regarding accuracy of data or recommendations
Uninterrupted Service: No guarantee of availability without interruption
Error-Free: No warranty Services are free from bugs or errors
Security: No guarantee Services are completely secure
Results: NO GUARANTEES regarding performance improvements or ROI

10.1 AI Algorithm Disclaimers

AI systems are probabilistic and may produce inaccurate results
Recommendations based on historical data may not predict future performance
AI insights should be reviewed before implementation
No guarantee AI recommendations will improve performance

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPLANE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This exclusion includes damages for:

Lost profits, revenue, sales, or business opportunities
Loss of data or information
Business interruption or downtime
Loss of goodwill or reputation damage
Advertising spend waste or inefficiency
Campaign performance degradation
Any other commercial or economic losses

CAP ON TOTAL LIABILITY

ZAPLANE'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

If you have not paid any fees, our total liability shall not exceed $100 USD.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Zaplane from any claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising from:

Your use of our Services
Your violation of these Terms
Your violation of applicable laws or third-party rights
Your content, data, or advertising campaigns
Any actions taken by third parties using your account
Your products, services, or business operations

13. Termination

13.1 Termination by You

You may cancel your subscription anytime through account settings. Subject to 30-day cancellation notice period.

13.2 Termination by Zaplane

We reserve the right to suspend or terminate your account immediately for:

Violation of these Terms
Non-payment after grace period
Fraudulent or illegal activities
Service abuse or security threats

13.3 Effects of Termination

Access to Services will be suspended
30-day data export period provided
Outstanding fees become immediately due
Certain Terms sections survive termination

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before formal dispute resolution, contact us at legal@zaplane.io to seek informal resolution within 30 days.

14.2 Binding Arbitration

Disputes shall be resolved through binding arbitration by the American Arbitration Association (AAA) under Commercial Arbitration Rules.

Arbitration held in Hall County, Georgia
Single arbitrator mutually agreed upon
Arbitrator's decision final and binding
Each party bears own attorneys' fees

14.3 Class Action Waiver

YOU AND ZAPLANE AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Jury Trial Waiver

YOU AND ZAPLANE WAIVE ANY RIGHT TO A JURY TRIAL FOR DISPUTES NOT SUBJECT TO ARBITRATION.

14.5 Opt-Out Right

You may opt out of arbitration within 30 days by sending notice to legal@zaplane.io with subject "Arbitration Opt-Out."

15. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

For disputes not subject to arbitration, state and federal courts in Hall County, Georgia shall have exclusive jurisdiction.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zaplane.

16.2 Severability

If any provision is invalid, it shall be modified or severed, and all other provisions remain in effect.

16.3 No Waiver

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

16.4 Notices

Zaplane Insights
Attn: Legal Department
5337 Melbourne Lane
Flowery Branch, Georgia 30542
Email: legal@zaplane.io

17. Contact Information

General Support

Email: support@zaplane.io

Legal Inquiries

Email: legal@zaplane.io

18. Acknowledgment and Acceptance

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms in their entirety
You agree to be bound by these Terms and our Privacy Policy
You have legal capacity to enter into this agreement
You understand the risks of AI automation features
You agree to arbitration and class action waiver
You consent to electronic communications

If you do not agree to these Terms, you must not access or use our Services.

Last Updated: January 15, 2025

Version: 3.0