Terms of Service

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, but are not limited to:

• 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, etc.)
• Integration with e-commerce and analytics platforms (Shopify, WooCommerce, Google Analytics, etc.)
• 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, e-commerce, and analytics 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.

Supported Integrations Include:

• Advertising Platforms: Meta Ads (Facebook/Instagram), Google Ads, TikTok Ads, LinkedIn Campaign Manager, Pinterest Ads, Snapchat Ads, Twitter/X Ads, Microsoft Advertising, Amazon Advertising, and others
• E-Commerce Platforms: Shopify, WooCommerce, BigCommerce, Magento, Wix eCommerce, Squarespace Commerce, and others
• Analytics Platforms: Google Analytics, Adobe Analytics, Mixpanel, Amplitude, and others
• Marketing Tools: Email marketing platforms, CRM systems, and other business tools

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

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.

By enabling AI automation features, you explicitly acknowledge and accept the following:

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

3.3 Rollback and Change Management

We provide rollback functionality allowing you to reverse AI-made changes within 30 days of implementation through our platform interface. However, you acknowledge and agree that:

Rollback Limitations:

• Rollback cannot guarantee restoration of previous campaign performance levels or metrics
• We cannot recover advertising spend already incurred as a result of automated changes
• Some platform-specific changes may be irreversible due to third-party platform limitations
• Historical performance data, audience learning, and campaign optimization may be disrupted by rollbacks
• Rollback does not undo impressions served, clicks generated, or conversions tracked during the automation period

3.4 Limitation of Liability for AI Automation

4.1 Account Registration

To access our Services, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your account credentials
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

You acknowledge that you are solely responsible for any and all activities conducted through your account, whether authorized or unauthorized.

4.2 Eligibility Requirements

To use our Services, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into binding contracts
• You are not prohibited from using our Services under applicable laws
• If registering on behalf of a business entity, you have proper authorization to bind that entity to these Terms
• All information you provide is accurate, truthful, and not misleading

4.3 Business and Agency Accounts

If you are using our Services on behalf of a business, organization, or as an agency managing client accounts:

• You represent that you have authority to bind that entity to these Terms
• The business entity agrees to be bound by these Terms
• You are responsible for ensuring that your use complies with any agreements between you and your clients
• You must maintain appropriate client authorization for accessing and managing their advertising accounts

5.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You will use the Services in a professional manner consistent with applicable laws, regulations, and industry standards.

5.2 Prohibited Activities

You agree that you will NOT:

5.3 Enforcement

We reserve the right to investigate potential violations of these Terms and to take appropriate action, including but not limited to warning users, suspending or terminating accounts, reporting violations to law enforcement, and pursuing legal action. We may remove or refuse to process any content or campaigns that violate these Terms or applicable laws.

6.1 Data Access and Authorization

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

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

Data We Access:

• Campaign performance data (impressions, clicks, conversions, spend, etc.)
• Account structure and settings
• Ad creative assets and copy
• Audience and targeting information
• E-commerce transaction data (orders, revenue, customer information as needed)
• Analytics and tracking data

6.2 Google User Data

When you authorize our application to access your Google advertising accounts (Google Ads, Google Analytics, etc.), we collect and use Google user data solely for the purpose of providing our marketing intelligence and optimization services.

Google API Services User Data Policy Compliance:

We commit to the following with respect to Google user data:

• Limited Use: We only use Google user data for the specific purposes you have authorized and as necessary to provide our Services. We do not use Google user data for any unrelated purposes.
• No Human Access Without Consent: Google user data is processed by automated systems. Human access to Google user data only occurs when necessary for security purposes, debugging, or with your explicit consent.
• No Transfer to Third Parties: We do not sell, rent, or transfer Google user data to third parties except as necessary to provide our Services (such as displaying data to you in our interface) or as required by law.
• Secure Handling: We implement appropriate security measures to protect Google user data from unauthorized access, use, or disclosure.

For more information about how we handle Google user data, please review our Privacy Policy.

6.3 Data Ownership and Rights

You retain all ownership rights to your data. We do not claim ownership of any data you provide or that we access from your connected accounts. We process your data solely as a service provider on your behalf.

6.4 Data Security

We implement industry-standard technical and organizational security measures to protect your data, including:

• Encryption of data in transit (TLS/SSL) and at rest
• Regular security assessments and vulnerability testing
• Access controls and authentication mechanisms
• Monitoring and logging of system access
• Employee training on data protection and security best practices

However, no system is completely secure. You acknowledge that you provide data at your own risk.

6.5 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. Please review our Privacy Policy to understand our data practices.

7.1 Third-Party Platform Integrations

Our Services rely on APIs, data feeds, and services provided by third-party platforms including but not limited to Meta (Facebook/Instagram), Google (Google Ads, Google Analytics), TikTok, Shopify, and WooCommerce. These integrations are subject to the terms, policies, and availability of these third-party platforms.

7.2 No Control Over Third-Party Platforms

7.3 Platform Policy Compliance

You are solely responsible for ensuring that your use of our Services and your advertising campaigns comply with all applicable third-party platform policies, including but not limited to:

• Advertising policies and content guidelines
• Data use policies and restrictions
• API terms of service
• Community standards and acceptable use policies

We are not responsible for account suspensions, restrictions, or bans imposed by third-party platforms due to policy violations.

7.4 API Changes and Service Disruptions

Third-party platforms may modify or discontinue their APIs, which may result in:

• Temporary or permanent loss of functionality in our Services
• Inability to access or sync data from connected accounts
• Disruption of automated campaign management features
• Changes to available features or capabilities

We will make commercially reasonable efforts to adapt to API changes, but we provide no guarantee of uninterrupted service or that all features will remain available indefinitely.

7.5 Limitation of Liability for Third-Party Issues

8.1 Subscription Plans and Pricing

Zaplane offers the following subscription plans:

• Starter Plan: $97 per month
• Pro Plan: $297 per month
• Expert Plan: $597 per month

All plans include a 14-day free trial for new users. Pricing is subject to change with 30 days' notice to existing subscribers.

8.2 Billing and Payment

8.3 Failed Payments

If payment fails for any reason:

• We will attempt to process payment up to three times over a 10-day period
• You will receive email notifications of payment failures
• After three failed attempts, your account may be suspended
• A grace period of 5 business days will be provided before service suspension
• You remain liable for all unpaid fees, plus any collection costs or late fees

8.4 Taxes

You are responsible for all applicable sales taxes, use taxes, value-added taxes (VAT), and other similar taxes or duties imposed by any governmental authority on your subscription fees. If we are required to collect such taxes, they will be charged in addition to your subscription fees.

8.5 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellations are effective at the end of your current billing period.

Cancellation Terms:

• 30-day notice period required for cancellation
• No refund for the current billing period unless within refund period (see Section 8.6)
• Access to Services continues until the end of the paid period
• Upon cancellation, automatic renewal will be disabled
• You may export your data for 30 days after cancellation

8.6 Refund Policy

We want you to be satisfied with our Services. Our refund policy is as follows:

8.7 Price Changes

We reserve the right to modify subscription pricing at any time. For existing subscribers:

• 30 days' advance notice will be provided for price increases
• Price changes take effect at the next billing cycle after notice
• You may cancel your subscription to avoid price increases
• Continued use after notice period constitutes acceptance of new pricing

8.8 Unpaid Fees and Collections

If you fail to pay fees when due:

• Your account will be suspended after the grace period
• We may pursue collection of unpaid amounts
• You will be responsible for all collection costs, including reasonable attorney fees
• We may report delinquent accounts to credit reporting agencies
• We reserve the right to pursue legal action to collect unpaid fees

9.1 Zaplane Intellectual Property

All content, features, functionality, software, code, designs, graphics, logos, trademarks, service marks, and other materials comprising our Services are owned by Zaplane or our licensors and are protected by United States and international intellectual property laws.

Our intellectual property includes but is not limited to:

• The Zaplane platform, software, and applications
• AI algorithms, models, and methodologies
• User interface designs and visual elements
• Proprietary data analysis and optimization techniques
• Documentation, guides, and instructional materials
• Logos, trademarks, and brand elements

9.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your internal business purposes only.

This license does NOT permit you to:

• Copy, modify, or create derivative works of our Services
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices or labels
• Use our Services to develop competing products or services
• Frame, mirror, or otherwise incorporate our Services into other applications

9.3 User-Generated Content

You retain ownership of any content, data, advertisements, or materials you upload or create using our Services. However, by uploading or providing content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purpose of providing and improving our Services.

9.4 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas regarding our Services, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution to you.

9.5 Trademark Usage

You may not use Zaplane trademarks, logos, or brand elements without our prior written consent. Any authorized use must comply with our brand guidelines.

9.6 DMCA and Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe content on our Services infringes your copyright, please contact us with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Physical or electronic signature

10.1 Limited Warranty

We warrant that our Services will perform substantially in accordance with our documentation under normal use. This warranty is valid for 30 days from your initial subscription date.

10.2 Disclaimer of Warranties

10.3 AI and Algorithm Disclaimers

Regarding our AI-powered features and recommendations:

• AI systems are probabilistic and may produce inaccurate or unexpected results
• Recommendations are based on historical data and may not predict future performance
• AI-generated insights should be reviewed and validated before implementation
• We do not guarantee that AI recommendations will improve campaign performance
• Algorithm updates may change the behavior or output of AI features

10.4 Third-Party Service Disclaimers

We disclaim all warranties related to third-party platforms, APIs, and services integrated with our platform. We are not responsible for the performance, availability, or accuracy of third-party services.

10.5 No Professional Advice

Our Services provide tools, analytics, and recommendations but do not constitute professional advice. You should not rely solely on our Services for business decisions without consulting qualified professionals.

11.1 Exclusion of Damages

11.2 Cap on Total Liability

11.3 Specific Limitations

Without limiting the foregoing, Zaplane shall have no liability whatsoever for:

• Decisions you make based on our Services or recommendations
• Actions taken by AI automation systems
• Errors, bugs, or defects in our Services
• Third-party platform issues, API changes, or service disruptions
• Unauthorized access to your account due to your failure to secure credentials
• Violations of third-party platform policies
• User error or misuse of our Services
• Force majeure events beyond our reasonable control

11.4 Essential Purpose of Terms

You acknowledge and agree that the disclaimers and limitations in these Terms are essential elements of the agreement between you and Zaplane. Without these limitations, we would not be able to offer our Services at the current pricing.

11.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Zaplane, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from or relating to:

12.2 Indemnification Process

If we seek indemnification under this section:

• We will provide you with prompt written notice of any claim (though failure to do so only reduces your obligation to the extent we are prejudiced)
• You will have sole control of the defense and settlement of the claim, provided you do not settle without our prior written consent if settlement would impose obligations on us
• We may participate in the defense with counsel of our choice at our own expense
• You will not agree to any settlement that requires an admission of fault or liability by us without our written consent

12.3 Limitation on Indemnification

Your indemnification obligations do not apply to the extent that claims arise solely from our gross negligence or willful misconduct.

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team at support@zaplane.io
• Providing written notice of termination

Termination by you is subject to the 30-day cancellation notice period outlined in Section 8.5.

13.2 Termination by Zaplane

We reserve the right to suspend or terminate your account immediately, without notice or refund, for:

13.3 Effects of Termination

Upon termination of your account:

13.4 Data Deletion

After the 30-day export period:

• We will delete or anonymize your data from our active systems
• Some data may be retained in backups for up to 90 days
• Aggregated and anonymized data may be retained indefinitely for analytical purposes
• We may retain certain information as required by law or for legitimate business purposes (such as fraud prevention)

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us to seek an informal resolution of any dispute. Please send detailed information about the dispute to legal@zaplane.io. We will attempt to resolve the dispute informally within 30 days.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of our Services shall be resolved through binding arbitration rather than in court, except as provided below.

14.3 Exceptions to Arbitration

The following disputes are exempt from the arbitration requirement:

• Claims for injunctive or equitable relief to prevent intellectual property infringement
• Small claims court actions (if claim qualifies and remains in small claims court)
• Claims seeking to enforce or challenge the validity of arbitration provisions

14.4 Class Action Waiver

14.5 Jury Trial Waiver

14.6 Opt-Out Right

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@zaplane.io with the subject line "Arbitration Opt-Out." The notice must include your name, address, and account email. Opting out does not affect any other provisions of these Terms.

15.1 Governing Law

These Terms and any disputes arising from or relating to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

15.2 Jurisdiction and Venue

For any disputes not subject to arbitration under Section 14:

Uncontrollable Events:

• Acts of God (earthquakes, floods, hurricanes, etc.)
• War, terrorism, civil unrest, or government actions
• Pandemics, epidemics, or public health emergencies
• Labor disputes or strikes
• Internet or telecommunications failures
• Power outages or utility failures
• Third-party platform API changes, outages, or discontinuations
• Cyber attacks, DDoS attacks, or security incidents
• Hardware or software failures beyond our control
• Any other circumstances beyond our reasonable control

Effect of Force Majeure:

• Our obligations will be suspended during the period of force majeure
• We will make commercially reasonable efforts to resume performance as soon as practicable
• If force majeure continues for more than 60 days, either party may terminate the affected Services
• No fees will be charged for suspended Services during force majeure periods exceeding 7 days

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Zaplane regarding your use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

17.2 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

• Email notification to your registered email address
• Prominent notice on our website or within the Services
• Updated "Last Updated" date at the top of these Terms

Your options upon modification:

• Continued use of Services after notice period constitutes acceptance
• You may terminate your account if you do not agree to modified Terms
• Termination must occur before modified Terms take effect to avoid acceptance

17.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• That provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, that provision shall be severed from these Terms
• All other provisions shall remain in full force and effect
• The invalid provision shall not affect the validity of the remaining Terms

17.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Zaplane.

A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

17.5 Assignment

17.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Zaplane. No third party has any right to enforce or benefit from any provision of these Terms, except:

• Our affiliates, officers, directors, employees, and agents (for indemnification and limitation of liability purposes)
• Our successors and permitted assigns

17.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Zaplane. You are an independent contractor and have no authority to bind Zaplane to any obligation.

17.8 Notices

17.9 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflicts between translations, the English version shall prevail.

17.10 Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

17.11 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general provisions.

17.12 Electronic Communications

You consent to receive electronic communications from us, including emails, texts, mobile push notices, or notices and messages on the Services. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.