Terms of Service

(a) Permitted Use. You may access and use the Platform to manage your advertising campaigns, view performance reporting, communicate with your account team, and otherwise use the features AdVanta makes available to you, in each case for your own lawful business purposes and subject to any service agreement between you and AdVanta.

(b) Prohibited Use. You will not:

• Use the Platform for any unlawful purpose or in a way that violates applicable law or any advertising platform’s policies (e.g., Meta or Google Ads policies);
• Attempt to gain unauthorized access to the Platform, other users’ accounts, or AdVanta’s systems;
• Reverse engineer, decompile, or attempt to extract the source code of the Platform, except as permitted by law;
• Use automated means, such as bots or scrapers, to access the Platform without our written permission;
• Upload malicious code or interfere with or disrupt the Platform’s operation or security;
• Misrepresent your identity or affiliation, or impersonate any person or entity;
• Advertise unlawful products or services, or content that violates applicable advertising platform policies; and
• Resell, sublicense, or provide access to the Platform to a third party without AdVanta’s written consent.

AdVanta may suspend or terminate your access for violating this Section, as described in Section 4.

(a) AdVanta IP. AdVanta and its licensors own all right, title, and interest in the Platform, including our proprietary Machine-Learning advertising engine, software, templates, designs, trademarks, and documentation (“AdVanta IP”). These Terms do not transfer any ownership of AdVanta IP to you.

(b) License to Use. Subject to your compliance with these Terms and any applicable service agreement, AdVanta grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose during the term of your relationship with AdVanta.

(c) Your Content. You retain ownership of content and materials you provide to AdVanta, such as brand assets and campaign instructions (“Your Content”). You grant AdVanta a non-exclusive license to use Your Content solely to provide the Services. Ownership of ad creative and other deliverables produced for you is governed by your service agreement with AdVanta.

(d) Feedback. If you provide suggestions or feedback about the Platform, AdVanta may use it without restriction or obligation to you.

(a) Fees. Fees for AdVanta’s services are set out in your service agreement with AdVanta or displayed on the Platform, and are due in the currency and on the schedule stated there.

(b) Billing. You authorize AdVanta to charge your payment method on file for fees as they become due. Amounts unpaid more than five (5) days past due accrue interest at 1.5% per month (18% annually), the maximum allowed under Florida law (Fla. Stat. § 687.02), and AdVanta may suspend the Platform until paid.

(c) Refunds. Fees for a completed billing period are generally non-refundable, except as expressly stated in your service agreement or required by law. Advertising spend you fund directly with a third-party platform, such as Google or Meta, is never refundable by AdVanta and is subject to that platform’s own policies.

(d) Taxes. Fees are exclusive of applicable taxes, which you are responsible for unless AdVanta is legally required to collect them.

(a) By You. You may stop using the Platform, or terminate your account, at any time, subject to any minimum term or notice period in your service agreement.

(b) By AdVanta. AdVanta may suspend or terminate your access to the Platform, with or without notice, if: (i) you materially breach these Terms or your service agreement and do not cure the breach within five (5) business days of notice; (ii) your account is delinquent on payment; (iii) we reasonably believe your use poses a security or legal risk, or violates a third-party advertising platform’s policies; or (iv) required by law.

(c) Effect of Termination. Upon termination, your right to access the Platform ends. Sections of these Terms that by their nature should survive termination, including Sections 2, 3(c), 5, 6, and 7, will survive.

(a) Disclaimer. The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, AdVanta disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. AdVanta does not warrant that the Platform will be uninterrupted, error-free, or that any advertising campaign will achieve particular results.

(b) Limitation of Liability. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, or punitive damages, including lost profits, arising from these Terms or your use of the Platform. AdVanta’s total liability for any claim arising from these Terms will not exceed the fees you paid AdVanta in the three (3) months before the claim arose.

(c) Exceptions. Nothing in this Section limits liability where Florida or federal law does not permit such a limit, including for AdVanta’s gross negligence, willful misconduct, or fraud.

(a) Informal Resolution. Before filing a claim, you and AdVanta agree to first try to resolve the dispute informally by contacting us using the information in Section 8.

(b) Binding Arbitration. Except for claims that qualify for small claims court or claims for injunctive relief under Section 6(d), any dispute arising from these Terms or the Platform will be decided by binding arbitration before a single arbitrator under the American Arbitration Association’s Commercial Rules, seated in Seminole County, Florida, under the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

(c) Class Action Waiver. You and AdVanta each waive any right to a jury trial and to bring or participate in a class, collective, or representative action against the other.

(d) Injunctive Relief. Either party may seek emergency injunctive relief in a Florida state or federal court (Seminole County, Florida, or the U.S. District Court, Middle District of Florida) to prevent irreparable harm pending arbitration.

(e) Governing Law. Florida law governs these Terms, without regard to conflict-of-law rules.

(a) Severability. If any provision of these Terms is found unenforceable, the rest remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

(b) Entire Agreement. These Terms, together with any service agreement between you and AdVanta, are the entire agreement between the parties regarding the Platform and supersede prior discussions on this subject.

(c) Changes to These Terms. AdVanta may update these Terms from time to time. Material changes will be reflected by an updated “Effective Date” and, where required by law, additional notice will be provided. Continued use of the Platform after changes take effect constitutes acceptance.

(d) Assignment. You may not assign these Terms without AdVanta’s written consent; AdVanta may assign them in connection with a merger, sale, or similar transaction.

(e) No Waiver. AdVanta’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

(f) Relationship. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, franchise, or employment relationship.

For questions about these Terms, contact us at: