Terms of Service

1. Agreement

These Terms of Service govern your use of goadsby.org and the Adsby AI Google Ads management platform (together, the "Service"), operated by Adsby B.V. ("the Company," "we," "us," or "our") (Herengracht 420, 1017 CE Amsterdam, the Netherlands). By accessing or using the Service you agree to these Terms. If you do not accept them, please do not use the Service.

If you are a consumer (a natural person acting outside your trade, business, craft, or profession), nothing in these Terms limits your statutory consumer rights under the law of your country of residence.

2. The Service

Adsby is an AI-powered tool that, once you connect your Google Ads account via OAuth, automatically builds and optimises Google Ads campaigns on your behalf. The Service includes:

• AI campaign creation, keyword selection, and ad group structuring based on information you provide about your business;
• Automated budget pacing and bid optimisation within limits you set;
• Conversion tracking setup assistance;
• Weekly performance digest reports.

The Service operates through the Google Ads API. You retain full ownership of your Google Ads account and all campaigns created within it. Adsby does not hold or manage your advertising budget; all ad spend is billed directly by Google to your payment method on file with Google.

3. Eligibility and Account

• You must be at least 18 years of age or have the legal capacity to enter into a binding agreement in your jurisdiction.
• You must have a valid Google Ads account and the authority to grant Adsby API access to it.
• You are responsible for maintaining the confidentiality of your Adsby account credentials and for all activity under your account.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt unauthorised access to any system or data.
• You may not copy, scrape, or reverse-engineer the Service except as expressly permitted by mandatory law.

4. Google Ads Account Access

By connecting your Google Ads account you authorise the Company to access campaign data and make campaign configuration changes as described in our Privacy Policy. You may revoke this access at any time through your Google Account settings. Revocation will immediately stop automated campaign management; the Company is not responsible for campaign performance after access is revoked.

You remain solely responsible for your Google Ads account, its budget, and compliance with Google's advertising policies. The Company is not a Google partner, affiliate, or agent of Google, and provides no guarantee that campaigns will achieve specific performance results.

5. Intellectual Property

The Service, including all software, documentation, and content on goadsby.org, is owned by the Company or its licensors and is protected by Dutch, EU, and international intellectual-property law. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for its intended purpose during your subscription period.

6. User Content and Data

You are responsible for all information you submit to the Service, including your business description and any campaign instructions. You grant the Company a limited licence to use, store, and process that information solely to provide the Service to you. The Company will not use your Google Ads campaign data to train shared AI models without your explicit written consent.

7. Subscription and Payment

Access to the full Adsby platform requires a paid subscription. Prices are stated in EUR and exclude Dutch VAT (21%) where applicable. Subscriptions are billed monthly in advance. You may cancel at any time; cancellation takes effect at the end of the current billing period and no partial refunds are given for unused periods, except where required by mandatory consumer law.

A 14-day free trial is available for new accounts with no credit card required. At the end of the trial period you may choose to subscribe; if you do not subscribe, access to paid features ceases.

8. Right of Withdrawal (Consumer Contracts)

Where you enter into a paid subscription with us as a consumer at distance, you have the right to withdraw from the contract within 14 days of the start of your first paid billing period under the EU Consumer Rights Directive, without giving any reason. To exercise the right, contact us at [email protected] with a clear statement of your decision to withdraw. We will refund all payments received within 14 days of receiving your withdrawal notice.

If you have explicitly requested that the Service commence before the end of the withdrawal period, you acknowledge that the Service has been partly performed and your right of withdrawal is limited accordingly under Article 16(m) of Directive 2011/83/EU.

9. Disclaimers and Statutory Guarantees

The Service is provided on an "as is" and "as available" basis. Campaign performance depends on many factors outside the Company's control, including your advertising budget, industry competition, and changes to Google's algorithms and policies. The Company does not guarantee specific campaign results, return on ad spend, or Google Ads account compliance.

Nothing in these Terms excludes or limits the Company's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under mandatory law, including mandatory consumer protection rights.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total aggregate liability for any claims arising from or related to the Service shall not exceed the greater of (a) the total fees you paid to the Company in the 3 months preceding the event giving rise to the claim, or (b) EUR 100. This limitation does not apply to liability that cannot be limited under mandatory law (see Section 9).

11. Suspension and Termination

The Company may suspend or terminate your access to the Service for material breach of these Terms, including non-payment, misuse, or violation of Google's advertising policies through the Service. We will give reasonable notice where practicable. You may terminate your subscription at any time through your account settings.

Upon termination, Sections 5, 9, 10, 12, and 13 survive.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

The courts of Amsterdam, Netherlands have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service, subject to the mandatory consumer-protection provisions of your country of residence (Article 17-19 of Regulation (EU) 1215/2012). If you are a consumer resident in an EU member state, you may bring proceedings before the courts of your country of residence; the Company may only sue you in those courts.

The European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr. The Company does not currently commit to using ADR but will cooperate where required by law.

13. Changes to These Terms

The Company may update these Terms from time to time. Material changes will be communicated by email to registered users and by posting a new "Last updated" date. Continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.

14. Contact