AdFlex Terms of Service

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. By registering an account or otherwise accessing or using the AdFlex service, you (“User” or “you”) agree to be bound by these Terms of Service (“Terms” or “Agreement”). This Agreement is a legally binding contract between you and Novix Inc. d/b/a AdFlex (“AdFlex,” “Company,” “we,” or “us”). If you do not agree with these Terms or the AdFlex Privacy Policy, you must not use the Service. If you are using AdFlex on behalf of a company or other entity, you represent that you have the authority to bind that entity to this Agreement.

Arbitration Notice: Except for certain disputes noted in the Dispute Resolution section below, you agree that any disputes between you and AdFlex will be resolved by binding individual arbitration, and you waive your right to a trial by jury or to participate in a class action.

For purposes of these Terms of Service (“Terms”), the following definitions shall apply. Capitalized terms not otherwise defined herein shall have the meaning set forth in this section:

• “AdFlex,” “we,” “our,” or “us” means Novix Inc., a Delaware limited liability company doing business as AdFlex, with its principal business address at 8 The Green STE B, Dover, DE 19901, USA.
• “Service” or “Platform” means the AdFlex software-as-a-service (SaaS) platform, including all websites, applications, APIs, dashboards, integrations, and related services provided under the AdFlex brand, through which Users may create, manage, analyze, and publish marketing and advertising content and related materials.
• “User,” “you,” or “your” means any individual or legal entity that accesses, registers for, or uses the Service, including any employees, contractors, or agents acting on behalf of such entity.
• “Account” means the registered profile a User creates to access and use the Service, including associated login credentials, billing information, and settings.
• “Subscription Plan” means the particular tier of paid or free access to the Service selected by a User (including, without limitation, Basic, Pro, or Premium plans), which determines available features, credits, and usage limits.
• “Fees” means the subscription charges, usage charges, taxes, and any other amounts payable by a User for use of the Service, as set forth on the AdFlex pricing page or otherwise communicated to the User.
• “Credits” means the usage-based units allocated to certain features of the Service (such as AI-generated images or campaigns), which may be consumed during use and replenished according to the terms of the applicable Subscription Plan.
• “Content” means all information, data, text, images, graphics, logos, brand assets, prompts, ad copy, creatives, or other materials uploaded, submitted, or otherwise provided by a User to the Service.
• “Output” or “Generated Content” means any data, design, advertisement, image, text, campaign, or other creative material produced by the Service (including via AI models) based on User Content or inputs.
• “AdFlex Materials” means all intellectual property owned or provided by AdFlex, including the Service itself, the software, source code, algorithms, templates, analytics, data compilations, documentation, designs, trade names, trademarks, logos, and any other content or materials developed or supplied by AdFlex.
• “Third-Party Services” means any applications, APIs, platforms, or services not owned or controlled by AdFlex that are integrated with or accessible through the Service.
• “Brand” means the collection of assets, guidelines, styles, and creative elements associated with a User’s business, product, or identity, including but not limited to brand books, logos, images, typography, color palettes, and advertising creatives uploaded or configured within the Service.
• “Personal Data” means any information that relates to an identified or identifiable natural person and is collected, stored, or processed by AdFlex in connection with the Service, including but not limited to names, email addresses, contact details, billing information, IP addresses, and usage data, as further described in AdFlex’s Privacy Policy.
• “Beta Services” means any features, products, or tools of the Service that are identified as beta, pilot, limited release, or evaluation versions, which are provided for testing and evaluation purposes only, may contain bugs or errors, and are provided “as is” without warranty or commitment of continued availability.
• “Confidential Information” means any non-public, proprietary, or confidential information disclosed by either party to the other, whether in written, oral, electronic, or other form, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, without limitation, business plans, strategies, financial information, technology, trade secrets, and user data, but excludes information that is (i) publicly available without breach, (ii) independently developed without use of the other party’s Confidential Information, or (iii) rightfully obtained from a third party without restriction.
• “Effective Date” means the date on which a User first accesses or uses the Service, thereby agreeing to these Terms.

Service Description: AdFlex is a software-as-a-service (SaaS) platform that provides advertising creative tools and analytics. The Service enables users to generate marketing content (including AI-generated ad creatives), manage advertising assets, and gain insights for ad campaigns. AdFlex is offered as an online web application, along with any related websites, mobile applications, dashboards, and services that AdFlex provides (collectively, the “Service”). The Service is provided by Novix Inc., with its principal business address at 8 The Green STE B, Dover, DE 19901, USA.

Intended Users and Geographic Scope: AdFlex is designed for use by both businesses and individual professionals in the marketing and advertising space (B2B and B2C). The Service is offered to users worldwide, except in jurisdictions where offering or using the Service would violate applicable law or subject AdFlex to legal restrictions. In particular, AdFlex is not intended for use in any country or region where use of the Service would be unlawful or where AdFlex is prohibited from offering the Service. Users who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with any local laws, if and to the extent those laws apply.

Industry Limitations: The Service is not tailored to comply with industry-specific regulations such as the U.S. Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar laws. AdFlex does not specialize in handling highly regulated data (such as personal health information, financial account numbers, or similarly sensitive data), and you should not use AdFlex to process or store any regulated data that would require compliance with such laws. If your use of AdFlex would be subject to specific regulatory requirements (e.g. health data privacy laws, financial services regulations, etc.), you are solely responsible for ensuring compliance or you must not use this Service in that manner. AdFlex disclaims any liability for non-compliance if you use the Service for regulated purposes without our explicit consent. (See also Disclaimers below.)

Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction, if higher than 18) to create an AdFlex account or to use the Service. Users under 18 but who are at least 13 years old may only use the Service with the involvement and consent of a parent or legal guardian, and such account must be opened by the parent/guardian who agrees to be bound by these Terms. No one under the age of 13 may use the AdFlex Service under any circumstances. By using AdFlex, you represent and warrant that you meet the foregoing age requirements. AdFlex may terminate or suspend any account if we believe you are under 18 (or under 13, if applicable) or if we cannot verify that a parent or guardian has agreed to these Terms for a minor user.

Eligibility and Representations: By accessing or using AdFlex, you further represent, warrant, and agree that:

• Account Information: All registration information and contact details you submit to AdFlex are truthful, accurate, and current, and you will promptly update them if they change. You will not use false identities or impersonate any other person or entity when registering or using the Service.
• Legal Capacity: You have the legal capacity and authority to enter into this Agreement. If you are registering or using the Service on behalf of a company or other organization, you have the full authority to bind that entity to these Terms, and you agree to these Terms on the entity’s behalf.
• Previous Bans: You have not been previously suspended, removed, or banned from using AdFlex. (If you have had a prior account terminated by AdFlex for violation of these Terms or unlawful conduct, you are not eligible to use the Service again without our express written permission.)
• Competitors: AdFlex’s direct competitors are not permitted to access or use the Service for competitive analysis or any other purpose, except with AdFlex’s prior written consent. You affirm that you are not a competitor of AdFlex (nor acting on behalf of one), and you will not use the Service to develop or enhance any competing product or service.
• No Restricted Parties or Countries: You are not located in, under the control of, or a national or resident of any country embargoed by the United States, and you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all U.S. and international export control and economic sanctions laws that apply to your use of the Service. This includes not using the Service if you are in a region where such use is prohibited by applicable export laws, and not exporting any software or technical data from the Service except in compliance with law.
• No Illegal or Unauthorized Use: You will use AdFlex only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You will not use the Service in any manner that would violate any law, infringe any person’s or entity’s rights, or that could damage, disable, overburden, or impair the Service (or interfere with any other party’s use of the Service).

If you violate any of the above or any other provision of these Terms, AdFlex reserves the right to suspend or terminate your account immediately (see Termination below). You are responsible for ensuring that all persons who access the Service through your account are aware of and comply with these Terms.

Account Required: To access most features of AdFlex, you must register and maintain an active user account. Creating an account may require you to provide information such as your full name, email address, and a password. You agree to provide accurate and complete information during registration, and to keep your account information updated at all times. AdFlex’s use of your information is governed by our Privacy Policy (see Privacy below).

Account Credentials: You are responsible for maintaining the confidentiality and security of your account login credentials. You must not share your password or account access with anyone else. You agree to notify AdFlex immediately at support@adflex.ai if you suspect any unauthorized access to or use of your account, or any breach of your account’s security. AdFlex will not be liable for any loss or damage arising from someone else using your account (with or without your permission). You are fully responsible for all activities that occur under your account credentials, and we will assume that any communications we receive under your account have been made by you. If AdFlex’s support team suspects that an unauthorized person is using your account, we may temporarily suspend or lock the account to preserve security.

Account Use Restrictions: Each user must create their own account – you may not use another person’s account, and you may not permit others to use your account (except if managing a business team account, in which case each employee should have their own login). You may not transfer your account to someone else without our consent. AdFlex reserves the right to reject any new account registration or to cancel an account, in our discretion, if we believe it violates these Terms or poses any security or compliance risk.

Username Policy: If AdFlex allows you to select a username or subdomain for your account, the following rules apply: Usernames must not be offensive, infringing, or misleading. You may not choose a name that impersonates another person or organization, or one to which you have no rights. In addition, you may not include any AdFlex trademark or domain name in your username in a manner that confuses other users. AdFlex reserves the right to remove or reclaim any username (or subdomain) if we determine, in our sole discretion, that it is inappropriate, violative of someone’s rights, or inactive. We will typically attempt to notify you in such event, if you have provided a valid email.

Account Security Measures: AdFlex employs reasonable security measures to protect your account, but we cannot guarantee absolute security. You must use a strong, unique password and implement appropriate security on your own systems. Automated access (bots, scripts, or other non-human usage) of user accounts is prohibited without our prior written approval. Any attempt to circumvent security features or to access another user’s account or data without authorization is strictly forbidden and may result in termination and legal action.

Service Plans: AdFlex is provided on a subscription model with both free and paid tiers. Details of the current plans (such as feature limits, credit allowances for content generation, and pricing) are available on our official website’s pricing page. The basic offering is a free (or “Freemium”) plan with limited features and usage credits, intended for trial or light use. We also offer paid subscription plans (such as “Pro” or “Premium” tiers) which include expanded feature sets, higher usage limits (e.g. more AI generation credits), and possibly priority support or other benefits. Specific plan names, features, and prices are subject to change, but any such changes will not affect you until the next subscription renewal as described below.

Pricing and Currency: All fees for AdFlex paid plans are stated and charged in United States Dollars (USD) (unless explicitly stated otherwise for a particular region). Prices are listed exclusive of any taxes. You are responsible for any applicable sales, use, value-added, goods and services, or other taxes or government charges on the services that are owed due to your purchase (except for taxes on AdFlex’s own income). Where required by law, we will add the applicable tax at checkout or invoice time, and you agree to pay such taxes. For example, if you reside in the EU, VAT may be added; if you are in certain US states, sales tax may apply. You acknowledge that tax laws and rates may change, and AdFlex may be required to adjust pricing accordingly.

Payment Methods: AdFlex accepts standard payment methods for online subscriptions, primarily major credit cards (Visa, MasterCard, American Express, Discover) and any other methods explicitly indicated on our website or order form. Payments are processed through a third-party payment processor (currently Stripe, Inc.) for secure handling. By providing a payment method, you authorize AdFlex and its payment processors to charge all fees incurred for your subscription plan to that method, including all applicable recurring subscription fees and taxes. You agree to the third-party payment processor’s terms and conditions as applicable to the transaction (for example, Stripe’s services agreement, if you pay by card). AdFlex is not responsible for any payment processing errors or security issues arising from the third-party processor; however, we will use commercially reasonable efforts to work with you and the processor to resolve any such issues.

Account Billing Information: You must provide accurate billing information and keep it up-to-date (such as a valid payment card number and expiration date, billing address, and any required security codes). By subscribing to a paid plan, you agree to promptly update your account and payment details whenever necessary so that we can successfully process payments and contact you if needed. If we cannot charge your provided payment method for any reason (e.g. card expiration, insufficient funds, or inaccurate details), we will attempt to notify you to update your information. Failure to provide timely and valid payment details may result in suspension of your paid Service features (see Failed Payments & Grace Period below). AdFlex will issue electronic invoices for all paid subscriptions. Customers may view and download their invoices at any time through their account dashboard or billing portal, and an electronic copy will also be sent via email when a payment is processed.

Subscription Term and Auto-Renewal: Paid AdFlex plans are typically offered on a periodic subscription basis, such as month-to-month or year-to-year. By default, your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless and until you cancel. This means that at the end of each subscription term, AdFlex will automatically charge your payment method for the next term’s fee, without further authorization from you, unless you have cancelled the Service in advance. You acknowledge and agree that this automatic renewal feature is a condition of your subscription (to avoid service interruption), and you accept responsibility for all recurring charges to your payment method prior to cancellation. We will indicate during the sign-up process if a plan is recurring and the interval of charges (and you can always view your next renewal date in your account settings).

Free Plans and Trials: AdFlex currently offers a free tier (the “Basic” plan) that provides limited functionality or usage credits at no charge. This free plan has no expiration, but may have usage caps (for example, a limited number of AI image generation credits per month) and reduced features compared to paid plans. We may also, from time to time, offer free trial periods of certain paid plans or features. If a free trial is offered, its duration and any usage limits will be specified at the time you sign up. Some trials may require that you provide a payment method upfront, in which case your subscription will automatically convert to a paid plan at the end of the trial period unless you cancel before the trial ends. We will inform you of the applicable billing that will occur if you do not cancel (e.g. the monthly fee for the plan after trial). You will not be charged during a free trial; charges would only begin once the trial period expires and only if you have not cancelled. AdFlex reserves the right to modify or terminate free plans or trial offers at any time. Trial credits or free credits have no cash value, are not transferable, and are solely for evaluating the Service. We may limit trial eligibility or combine it with certain promotions at our discretion.

Plan Upgrades and Downgrades: You may have the option to upgrade your subscription (for example, from Basic to Pro, or Pro to Premium) or downgrade to a lower tier. Upgrades will generally take effect immediately upon your request – when you upgrade, you will be charged a prorated fee for the remaining time in your billing cycle at the higher plan rate (after applying credit for the unused portion of your prior plan). This means you get instant access to the new plan features/limits, and your billing date may reset or extend accordingly. Downgrades (switching to a lower tier plan) will usually take effect at the start of your next billing cycle following your request. You will continue to have the higher plan’s features until the end of the period you’ve paid for, then your account will be limited to the lower plan. No refunds are provided for downgrading early; the downgrade simply applies after your current paid term concludes. Note: If you downgrade, make sure your usage is within the limits of the new plan to avoid disruption.

Price Changes: AdFlex may change the fees and charges in effect for the Service, or add new fees or pricing tiers, in the future. Any price changes will not affect your current subscription term but will apply starting from the next renewal term for your subscription. AdFlex will give you reasonable advance notice of any material price increase, via email and/or by posting an alert within the Service. If you do not agree to a pricing change, you must cancel your subscription before the new price takes effect; otherwise, your continued use of the Service after the effective date of the price change constitutes your acceptance of the new prices. Pricing details and the date of last update will be reflected on our website or in these Terms. We encourage you to review pricing periodically. Promotional or special discounted offers (such as beta user discounts or one-time coupons) are one-time and not indicative of long-term pricing.

Payments are Non-refundable: All fees are non-refundable, except as expressly stated otherwise in these Terms or as required by applicable law. This means that if you cancel in the middle of a paid term, you will not receive a refund for the remaining period (but you will retain access to the paid features until the end of the period you already paid for). For example, if you purchase a monthly plan and decide after two weeks to cancel, you will not get a half-month refund; your account simply won’t be charged for subsequent months, and you can use the paid features for the remainder of the current month. Similarly, credits or allowances provided as part of a plan (for generating content, etc.) expire at the end of each billing cycle and do not roll over, and no refunds or cash value are given for unused credits. We may, in our sole discretion, consider special refund requests on a case-by-case basis (for instance, if a serious platform error made the Service unusable for you), but we are not obligated to provide any refunds. “All sales are final” regarding subscription charges. Where required by consumer protection laws (such as certain laws in EU or UK), we will honor any statutory rights to refunds or cooling-off periods; however, to the maximum extent permitted, we opt out of such obligations for digital services when allowed (for instance, if you use the Service immediately after purchase, you may waive a 14-day cancellation right in some jurisdictions).

Cancellation Policy: You can cancel your paid AdFlex subscription at any time. Cancellation can typically be done through your account settings on the AdFlex website or by contacting us at support@adflex.ai for assistance. When you cancel, your subscription will not renew at the next billing cycle. You will continue to have access to the paid features until the end of the period you have paid for, and then your account will be automatically downgraded to the Free (Basic) plan (or you will lose access if we have no free plan available). To avoid being charged for the next renewal, you must cancel before your renewal date. Once cancellation is effective, we will not charge you further unless you resubscribe. Please note: merely uninstalling a mobile application or stopping use of the Service will not automatically cancel your subscription – you must actively cancel through the proper method to stop recurring charges.

We do not provide prorated refunds for mid-period cancellations of monthly subscriptions, and annual subscriptions are generally also non-refundable if canceled early (you simply retain access until the end of the term). If you believe you deserve a refund due to extraordinary circumstances, you may contact us, but we make no guarantee.

Failed Payments and Grace Period: If an automatic renewal charge fails (for example, your credit card on file is declined or expired), we will notify you (e.g., via email) and may retry the charge. In line with common SaaS practice, AdFlex will extend a brief grace period of 7 days past your renewal date to allow you to update your payment information. During this grace period, we may attempt to charge your payment method again, and your account will generally remain active. However, AdFlex reserves the right to suspend some or all of your paid features during the grace period until payment is received. If we have not successfully received payment by the end of the grace period, AdFlex may downgrade your account to the Free plan or suspend your access to the Service. You will not lose your data immediately due to a payment failure; for a reasonable time, your account can be reactivated if you update your payment method and resume the subscription. But if an extended period passes with non-payment, AdFlex may treat it as a cancellation and terminate your paid account access. You agree to pay all amounts due upon demand if payment could not be processed. AdFlex is not responsible for any bank fees, interest charges, or other penalties you incur due to billing attempts.

Chargebacks and Payment Disputes: If you contact your bank or credit card company to decline or reverse a charge for fees due to AdFlex, we may automatically terminate your account upon notice of the chargeback. If you believe a charge was incorrect, please contact us first to resolve the issue. We reserve the right to dispute any chargeback and provide proof of your authorization and usage of the Service.

AdFlex strives to maintain a respectful, lawful, and fair platform. When using our Service, you agree to use AdFlex only for its intended purpose and in an acceptable manner. You must not misuse the Service. The following is a non-exhaustive list of prohibited activities and content on AdFlex (some of these are further detailed in other sections, but we summarize them here as well). You agree that you will NOT:

• Engage in Illegal or Harmful Activities: Use the Service for any unlawful purpose, or to promote illegal activities. This includes (but is not limited to) posting or transmitting content that is illegal, fraudulent, deceptive, defamatory, libelous, or invasive of privacy; that promotes violence, hatred, or harm against any group or individual; or that would constitute or encourage a criminal offense or violate any law or regulation. You may not use AdFlex to create or disseminate content that is obscene, pornographic (including content exploiting or endangering minors), harassing, threatening, or discriminatory (e.g., no hate speech or content inciting violence against protected groups).
• Infringe on Rights: Upload, generate, or share any content that infringes or violates the intellectual property rights or other rights of any person or entity. This means you won’t use AdFlex to copy or distribute material (such as images, logos, text) unless you have the legal rights or permissions to do so. You must not misappropriate anyone’s copyright, trademark, trade secret, patent, right of publicity, privacy right, or any other proprietary rights. You also agree not to use AdFlex to solicit, collect, or store sensitive personal data of others without proper authorization.
• Submit False or Harmful Content: Post or input any content that is intentionally false, misleading, or harmful to others. For example, you will not use AdFlex’s creative tools to generate hoaxes, deepfakes of identifiable people, fraudulent claims, or any content that could damage AdFlex or any third party if relied upon. You will not impersonate any person or organization or falsely state or misrepresent your affiliation with a person or entity (no phishing, no pretending to be a representative of AdFlex or another company).
• Violate Others’ Privacy or Data Protection: You must not use the Service to collect personal information about other individuals without their knowledge or consent. This includes scraping other users’ data, attempting to harvest email addresses or other contact info through the platform, or otherwise violating privacy laws. You will not upload or transmit any personally identifiable information of others that you do not have the right to share. (See Privacy section for how we handle data you input.)
• Spam, Exploits, or Malware: Use the Service to transmit any form of spam, junk mail, chain letters, or unsolicited bulk communications. You may not use AdFlex’s features (such as any email integration) to send deceptive or unsolicited marketing messages that violate anti-spam laws. Additionally, you agree not to upload or distribute any viruses, worms, Trojan horses, corrupted files, or any other malicious code or destructive elements via AdFlex. You shall not attempt to use the Service to gain unauthorized access to any system, account, or data, nor engage in any activity that attacks, disables, interferes with, or disrupts the Service (e.g. no denial-of-service attacks, no exploitation of vulnerabilities, no reverse-engineering the platform to bypass security or usage limits).
• Overburden or Misuse Resources: You must not interfere with or disrupt the integrity or performance of the Service or the data contained therein. This means you won’t try to flood the system with unreasonable requests or excessive use beyond your plan limits (for example, using automation to rapidly create content in a way that burdens our infrastructure, or using AdFlex in a way that degrades service for other users). Automated access without approval is prohibited (no bots or scripts hitting our APIs or website outside of AdFlex’s intended integrations). You also agree not to attempt to circumvent any usage restrictions or credits system we have in place (for instance, you will not create multiple free accounts to exceed free tier limits, or use proxies to avoid rate limits).
• No Scraping or Data Harvesting: You shall not scrape, crawl, spider, or otherwise harvest or attempt to extract mass data from the AdFlex platform, whether manually or with an automated tool, for any purpose (especially not for creating a competing database or service). This includes scraping AdFlex’s own content, other users’ content, or any third-party content accessible via AdFlex. Similarly, you must not attempt to decipher, decompile, or reverse-engineer any of the software, code, or algorithms used by AdFlex in providing the Service.
• Prohibited Content Uses: You may not use AdFlex’s generation tools to create content that violates advertising network policies or generally acceptable standards. For example, you should not generate ads or creatives through AdFlex that promote illegal products, counterfeit goods, gambling (where unlawful), drugs or controlled substances, or other content banned by major ad platforms’ policies. You also agree not to use AdFlex to create any content that is extremely violent or graphic, sexually explicit (particularly non-consensual or involving minors), or that would be considered highly sensitive (such as political propaganda or “fake news” intended to mislead in a harmful way) – especially not without ensuring compliance with applicable laws and platform policies.
• No Competitive Use: You must not use the Service to build or enhance a competing product or service. Any attempt to use AdFlex’s interface, tools, or output to create a product that competes with AdFlex (for example, using our AI outputs to stock a competing creative library, or analyzing our system’s functionality to develop a similar platform) is strictly prohibited. Furthermore, if you are an employee or agent of a competitor of AdFlex, you are not permitted to access the Service without our prior written consent. We take the protection of our proprietary technology and data seriously (see Intellectual Property section), and unauthorized competitive use may result in legal action.
• Respect AdFlex’s Limits and Marks: You agree not to remove, obscure, or alter any proprietary notices on the Service or output (e.g., watermark, copyright or trademark notices). You will not use AdFlex’s name, logo, or trademarks in a way that confuses others as to your affiliation with AdFlex (don’t falsely imply AdFlex’s endorsement of your content). Also, aside from authorized integrations, you may not frame or mirror the AdFlex site or pretend that AdFlex content is your own hosting.
• Harm AdFlex’s Reputation: Take any action that could damage or falsify AdFlex’s reputation, ratings, or goodwill. This includes spreading false claims about AdFlex or misusing the Service in a manner that harms AdFlex’s interests or reputation.

This list of prohibitions is intended to illustrate the types of activities that are forbidden on AdFlex; it is not exhaustive. AdFlex reserves the right (but does not assume any obligation) to monitor your use of the Service and to investigate any suspected violation of this Acceptable Use Policy or other provisions of these Terms. We may, at our sole discretion, remove or disable access to any content or terminate any account that we find violates these rules or that is otherwise objectionable. AdFlex will have no liability to you if it takes such action in good faith to protect the Service or other users.

If you become aware of misuse of the Service by any person, please contact us at support@adflex.ai. We may also cooperate with law enforcement or third-party rights holders in investigating any violations of law or these Terms.

5.1 Your User Content

User-Generated Content

As part of using AdFlex, you may provide, upload, or create content. “User Content” means any text, images, graphics, videos, audio, data, or other materials that you upload or input into the Service, or that are generated at your request via the Service’s tools (for example, AI-generated images based on your prompts, ad copy you write, brand assets you upload, etc.). You retain any ownership rights that you have in your User Content. AdFlex does not claim ownership of your original content. Subject to the licenses you grant to us below, you retain full ownership and responsibility for your User Content.

Private Workspaces

By default, any User Content you provide is private to your account (or your team’s account, if you are using an organization workspace). AdFlex is not designed as a social media or public forum; we do not publicly display your content to other users without your direction or consent. (For example, if AdFlex in the future allows optional sharing of certain creative assets or case studies, that would be voluntary and governed by additional settings.) We treat the content you upload as part of your work product, accessible to you (and those you authorize in your team) within the platform. However, AdFlex may internally view or analyze such content as needed to provide support, enforce these Terms, or improve the Service, as described below.

User Content License to AdFlex

In order for AdFlex to operate the Service and provide features to you, we need certain permissions to use your content. You hereby grant AdFlex a non-exclusive, worldwide, royalty-free, fully-paid, sublicensable and transferable license to use, host, store, transfer, display, perform, reproduce, distribute, modify, adapt, publish, translate, and create derivative works of your User Content, solely for the following purposes:

• (a) Operating and providing the Services (including processing prompts and delivering outputs to you).
• (b) Improving, training, and developing AdFlex’s AI models, algorithms, and platform.
• (c) Security and compliance purposes (detecting abuse, ensuring lawful use).
• (d) Marketing and promotional purposes, but only in an anonymized and aggregated form (for example, showcasing sample outputs that cannot reasonably be traced back to you or your business). We will never use your name, branding, logos, or other identifying details for any marketing or promotional content without your express written consent.
• (e) AdFlex may retain, archive, and maintain a pool of non-personalized, anonymized AI-generated outputs (excluding any outputs branded with user names, logos, trademarks, or other identifying business elements) to create reference datasets, sample libraries, or other non-personalized resources to enhance or expand the Services. Such retained content will never be attributed to you or your business without your prior consent.

This means, for example, we have your permission to store your files on our servers, to display them to you in the app, to run them through our algorithms (like AI generation models) at your request, and to format or edit them as needed for technical delivery (e.g., compressing images or editing metadata). If you integrate AdFlex with third-party services (such as connecting a Facebook Ads account or scheduling posts), this license also permits us to send or transfer your content to those services at your direction (see Third-Party Services below). We will not use your User Content for any purposes other than those described above without your consent. In particular, AdFlex will not sell your content or publish it in our own marketing materials in any identifiable form (such as displaying your name, brand, logos, or business details) without your express written consent. Also, this license to AdFlex does not give us ownership of your content – it’s just a permission you give us to use your content to help us run the Service.

Scope and Duration of License

The license you grant to AdFlex is for so long as your content is stored with us, plus a reasonable time thereafter (for backup and legal purposes). If you delete content from the Service and no longer wish us to store it, you can request deletion (and see Data Retention below). Please note that removed content may persist in routine backups for a limited period but will not be restored or used actively. Also, if your content has been shared through the Service (for example, if in the future you share something with another user or export it to a third-party platform), that shared copy is subject to the recipient’s actions. However, AdFlex may retain non-personalized, anonymized content (such as de-identified AI-generated outputs) for the purposes of improving or expanding the Service, as described in the User Content License above, even after you delete the original content. Such retained content will never contain your branding or identifying information and will not be attributed to you or your business.

AI-Generated Outputs

Some content you obtain through AdFlex may be generated by our AI features based on your inputs (prompts, uploaded reference images, etc.). As between you and AdFlex, our policy is that you have rights to use the AI-generated outputs for any lawful purpose within the scope of these Terms, just as if it were “User Content” that you created. AdFlex does not claim ownership of the generated creative content we produce for you. However, note that AdFlex’s underlying AI models and algorithms are AdFlex’s or its licensors’ intellectual property; what we are giving you is the result (e.g., an image file or text) which you can use. You should also be aware that AI outputs are generated based on patterns learned from training data – AdFlex does not guarantee that outputs will be unique or free of third-party claims. It is your responsibility to review AI outputs, especially before using them in public or commercial settings, to ensure they do not inadvertently contain copyrighted material or inappropriate content. See the Disclaimer and Liability sections regarding AI output.

Your Responsibilities for Content

You represent and warrant that you have all necessary rights to submit or create any User Content that you upload or generate through AdFlex, and to grant the licenses in these Terms. This means, for example, if you upload a company logo or photograph to incorporate into an ad, you either own that image or have obtained permission from the owner for it to be used in this manner. You are solely responsible for any User Content that you create, transmit, or display while using AdFlex. AdFlex is not responsible for any User Content, nor any loss or damage it may cause. However, we may remove or disable any content that violates these Terms or applicable law, at our discretion (as noted above). You agree that:

• Your User Content will not include anything that violates any law or anyone’s rights (see Acceptable Use Policy above for specific prohibitions). In particular, you will not upload content that is defamatory, obscene, infringing, or that contains personal data of others in violation of privacy laws.
• You have obtained all necessary consents or licenses for any personal data or intellectual property contained in your content. For instance, if you upload a photograph, you have the photographer’s permission or it’s your photo; if the photo depicts a person, you have any required model release or that person’s consent for use of their likeness.
• None of your content will trigger any obligation for AdFlex to pay any third-party royalties or fees (such as residuals to a music performance rights organization) because you have already cleared such rights. AdFlex operates under the assumption that our users only upload content they have rights to use.
• If you import data from third-party platforms (e.g., importing your ad performance data from Facebook Ads or Google Ads), you ensure that doing so does not violate those platforms’ terms and that you have authority to allow AdFlex to access that data. We operate as your agent in such data retrieval; you license us to use it as needed to provide analytics or combined features to you.

Content Review

AdFlex does not routinely monitor or edit user content, and we do not pre-screen content before it is created or uploaded. However, we reserve the right to access and review content internally (i) to maintain the Service and provide support (for example, if you request help on an ad design, with your permission we might view the content), (ii) to investigate suspected violations of these Terms, or (iii) as required by law or court order. By using AdFlex, you acknowledge that we may review your content for these limited purposes. We may also utilize automated tools (like content filters) to detect prohibited content (such as malware or known copyrighted works) and take appropriate action.

Removal of Content

You can delete your own content within the Service (subject to any team/enterprise account policies if you belong to an organization account – your admin might control shared assets). If you delete content or terminate your account, AdFlex will make commercially reasonable efforts to remove the content from active use. However, you understand that residual copies may remain on our backup systems for some time and in activity logs. AdFlex is not liable if your deleted content remains available in cache or archives of third parties (for example, if you shared it externally or it was indexed by a search engine).

Feedback

If you provide AdFlex with any suggestions, ideas, enhancement requests, or other feedback about the Service (“Feedback”), you acknowledge that such Feedback is given voluntarily and AdFlex is free to use, disclose, and exploit it without any restriction or compensation to you. You grant AdFlex a perpetual, irrevocable, sublicensable right to use and incorporate any Feedback into the Service or our business. (This helps us improve our product – e.g., if you suggest a new feature or report a bug, we can act on it with no obligation to you.)

5.2 AdFlex’s Intellectual Property

Ownership of the Service: The AdFlex Service (including all websites, mobile apps, software code, APIs, databases, algorithms, user interfaces, features, look-and-feel, and any content or materials provided by AdFlex) is owned by AdFlex (Novix Inc.) and its licensors. All elements of the Service are protected by intellectual property laws, including copyright, trade secret, and trademark laws. AdFlex reserves all rights in and to the Service and our “Content” (in this context, meaning any text, images, templates, analytics, or other materials we provide to you) that are not expressly granted to you in these Terms. Using AdFlex does not give you any ownership of any part of the Service or of the content or information made available through the Service (other than your own User Content).

For clarity, AdFlex (the company) retains all rights to: the software and source code that operates AdFlex; the design and layout of our platform; the compilation of data (such as aggregated advertising data or AI training data) that we have created; our trademarks, logos, and brand elements; and any content provided by us such as documentation, text on our website, and images in our interface (unless otherwise noted as third-party content). These are referred to collectively as “AdFlex Materials.”

Know-How: Any ideas, knowledge, experience, know-how, techniques and technologies related to the Service, acquired during the provision of the Service (including performing the same or similar services for another client), or developed by AdFlex, are the exclusive property of AdFlex. AdFlex may, at its sole discretion, develop, use, market, and license any items similar to or related to the developments made for you. AdFlex is under no obligation to disclose any such ideas, knowledge, experience, know-how, techniques or technologies that AdFlex considers confidential and proprietary.

License to Use Our Service: Subject to your compliance with these Terms and your payment of any applicable fees, AdFlex grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the AdFlex Service for your internal business purposes, in accordance with these Terms and any plan limitations. This license allows you to use our platform and any AdFlex-provided content only as intended: for example, you may use the AI generation features to create images for your company’s ads, you may view and download analytics reports for your marketing campaigns, etc. You may not use AdFlex for any unauthorized or unlawful purpose, and you may not copy or exploit any part of the Service except as expressly permitted by this Agreement.

Restrictions: Except as expressly allowed by these Terms or by law, you will not (and will not permit anyone else to):

• Copy or Distribute: Copy, reproduce, distribute, publish, or create derivative works based on the AdFlex Service or any part of it. For instance, you cannot scrape our site and publicly repost our content, and you cannot take the AdFlex software code and use it in another project.
• Modify or Reverse Engineer: Modify, adapt, translate, or reverse-engineer any portion of the Service. You agree not to decompile, disassemble, or otherwise attempt to derive source code or underlying algorithms of any part of the AdFlex software, except to the limited extent that applicable law explicitly permits such acts notwithstanding a contractual prohibition. (If such law applies, you must first request the information from us and only proceed if we fail to provide it.)
• Remove Notices: Remove or obscure any copyright, trademark, or other proprietary notices on the Service or AdFlex Materials. For example, if our interface displays a “Powered by AdFlex” or any legal footers, you should not hide or remove those in an unauthorized manner.
• Resell or Sublicense: Sell, lease, lend, rent, or otherwise commercialize access to the Service to any third party, except as authorized in a separate partner or reseller agreement with AdFlex. You can’t, for example, create a service that merely republishes our data or functionality for others as a paid service, without our permission.
• Frame or Mirror: Frame, mirror, or otherwise incorporate the Service (or any part of it) as part of another website or product, without our prior written authorization.
• Competitive Use: Use the Service for the benefit of a competitor of AdFlex, or in any manner that we have forbidden in the Acceptable Use Policy (including the no-competitor clause). Specifically, you shall not allow direct competitors of AdFlex to access or use the Service without our consent, and you shall not use any AdFlex output or information to create or enhance a competing advertising analytics or creative generation product.
• Exceed License: Use the Service or AdFlex Materials beyond the scope of the license granted. For example, if you have free access only for evaluation, you won’t use it for large-scale commercial campaigns. If you have a specific number of user seats in a business plan, you won’t secretly exceed that by account sharing.

Any unauthorized use of the AdFlex Service or AdFlex Materials will be deemed a breach of this Agreement and may violate intellectual property laws. We reserve the right to terminate or suspend your license for any violation (see Termination). All rights not expressly granted to you are reserved by AdFlex.

Third-Party Content and IP: AdFlex may display or use certain third-party content in the Service. For example, if AdFlex integrates with social media, you might see content pulled from those platforms; or if we use stock images or fonts from third-party libraries, those are third-party materials. All trademarks, logos, or content belonging to third parties remain the property of their respective owners. Nothing in these Terms grants you any license to use any third-party trademark or content on your own (outside the Service). AdFlex’s use of third-party names or content within the Service is either by license, API integration, fair use, or other lawful means. We do not assert ownership over third-party content. If you, as a user, upload third-party content into AdFlex, you must have the rights to do so (see User Content above).

Open Source Components: The AdFlex software platform may include certain open-source or free software components that are licensed under their own respective terms. To the extent required by the licenses of open source components, AdFlex will make those licenses available in the application or upon request, and nothing in these Terms limits your rights under those third-party open source licenses. (For example, if AdFlex uses a library under an MIT License, your use of our Service in compliance with these Terms also does not restrict the MIT License rights for that component.)

5.3 Third-Party Services and Integrations

Third-Party Services: AdFlex may enable you to link or integrate the Service with other third-party services (for example, connecting your Google Ads account, Facebook/Instagram account, LinkedIn, or other advertising platforms, or using third-party image libraries like Unsplash). If you choose to connect AdFlex to any third-party service, you authorize AdFlex to access and use your accounts on those services as needed to provide our functionality. For example, if you connect Facebook Ads, AdFlex will pull in certain data (like your ad performance metrics or allow scheduling of ads) and you permit us to do so. You acknowledge that when you use third-party integrations:

• Your Agreements with Them: Your use of any third-party platform is governed by that platform’s own terms and privacy policy, not AdFlex’s. You are responsible for complying with those terms. For instance, if Facebook’s terms say you must not automate certain content, you must abide by that even when using AdFlex. By connecting a third-party account, you represent that you are in compliance with that service’s rules and have all necessary permissions to allow AdFlex to interact with your account.
• AdFlex as Your Agent: When AdFlex accesses or retrieves content from third-party services on your behalf, we do so at your direction. You hereby grant AdFlex all rights and permissions necessary to access such accounts and content through the Service. (For example, if you integrate, you permit us to use your API tokens or stored credentials to read or send information as you direct.)
• No Responsibility for Third-Party Content: AdFlex is not responsible for content or data originating from third-party services. We might display information fetched from a third-party API (like ad data from a network), but we do not guarantee the accuracy or completeness of that third-party data. Also, AdFlex cannot control any third-party service’s downtime, changes, or decisions. If a third-party service becomes unavailable or AdFlex’s integration ceases (due to the third party revoking access or changing their API), that is not a breach by AdFlex: it’s outside our control.
• Third-Party Links: The Service or website might include links to external websites or resources that are not operated by AdFlex. These links are provided for convenience only. AdFlex does not endorse and is not responsible for any third-party websites or services, or the content, products, or other materials on or available from them. If you access any third-party site or service from AdFlex, you do so at your own risk, and you understand that this Agreement and AdFlex’s policies no longer govern. Check the third party’s terms and privacy policies when visiting their sites.
• APIs and Tools: If AdFlex provides any API, SDK, or other developer tool to facilitate integrations, your use of such tools must comply with any separate API terms (if provided) or, if none, strictly with these Terms and our instructions. We may limit or revoke integration privileges if misused.

Third-Party Software in AdFlex: AdFlex may contain or utilize software components from third parties (including open source). Where required, AdFlex will provide attributions or notices for such components within the Service or documentation. Such components are licensed to us and, in some cases, to you under their own licenses. Nothing in our Terms restricts your rights under those independent licenses. If you believe an open source component license requires disclosure of source code or other obligation, please contact us.

Acknowledgment of Third-Party Rights: All third-party trademarks (such as the names of social media platforms or other services) that appear in the Service are the property of their respective owners. Use of such marks is referential only – e.g., indicating an integration – and does not imply sponsorship or endorsement by those third parties.

If you feel that AdFlex or a user of AdFlex has imported or posted content that infringes your rights (e.g., your copyrighted work is being displayed without authorization), see our Copyright (DMCA) Policy in Section 5.4 below for how to notify us.

5.4 Copyright Infringement Policy (DMCA)

DMCA Takedown Requests: AdFlex respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner (or authorized agent of one) and believe that any content on the AdFlex Service infringes your copyright, you may send us a written notice requesting that the content be removed or access to it blocked. The notice must include:

• Identification of the copyrighted work you claim is infringed (or a representative list of works if multiple).
• Identification of the content on our Service that you claim is infringing, with enough detail for us to locate it (such as the URL of the page within our app or a screenshot).
• A statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.
• Your name, mailing address, telephone number, and email address.
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

DMCA Counter-Notice: If your content was removed due to a DMCA notice and you believe it was mistakenly taken down (for example, as a result of misidentification or fair use), you may send us a counter-notification. A valid counter-notice must include: your contact information, identification of the removed content and its location before removal, a statement under penalty of perjury that you have a good faith belief the content was removed by mistake, and your consent to the jurisdiction of the federal court in your district (or where you are located, if outside the U.S.) or where we are located (Delaware, USA), and a statement you will accept service of process from the original complainant. Upon proper counter-notice, we may restore the content in 10+ business days unless the original complainant files court action.

Designated Agent: AdFlex’s designated Copyright Agent to receive notifications and counter-notifications under the DMCA is:

• DMCA Agent – AdFlex (Novix Inc.)Address: 8 The Green STE B, Dover, DE 19901, USAEmail: support@adflex.ai (please include “DMCA Notice” in the subject line)

You may also contact us at the above address for any other copyright-related inquiry. Please note that knowingly submitting a false DMCA notice or counter-notice can have legal consequences (including liability for damages) – ensure your claims are truthful and authorized.

AdFlex will review all properly submitted DMCA notices and respond as required by law. It is our policy, in appropriate circumstances, to terminate repeat infringers. If a user is found to repeatedly upload infringing materials, we will disable or delete their account pursuant to the DMCA and our policies.

5.5 Facebook Login and Meta Platform Compliance

If you choose to use Facebook Login or connect Meta services (such as Facebook or Instagram), you acknowledge that such use is subject to Meta’s Platform Terms and Developer Policies.

When you use Facebook Login, AdFlex will access and use data made available through that login via Meta’s APIs (such as your name, email address, and profile picture) solely for authentication, account creation, and providing core functionality of the Service. We do not use that login data for unrelated purposes, and we do not share it with third parties except as required to provide the Services or comply with legal obligations. By using Facebook Login, you also agree to Meta’s applicable terms and policies.

You may also remove AdFlex access at any time from your Facebook account settings.

We do not access or store your Facebook password.

If you separately connect Meta business or advertising assets (for example, Facebook Pages, Instagram accounts, or ad accounts) through the Service, we may process additional categories of information from Meta as needed to operate those integrations, as described in Third-Party Services and Integrations above and in our Privacy Policy.

Data Deletion

Users who sign in using Facebook Login may request deletion of their associated data at any time by:

• Deleting their account through the AdFlex platform, or
• Contacting us at privacy@adflex.ai

All associated data will be deleted in accordance with our Privacy Policy.

Privacy Policy: Your use of AdFlex is subject to our Privacy Policy, which is hereby incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and safeguard your personal data. By using the Service, you acknowledge that you have read and agree to the Privacy Policy, and you consent to AdFlex’s collection and handling of your information in accordance with it. In summary, AdFlex collects the personal and business information you provide (such as contact details and billing info), as well as data resulting from your use of the Service (such as usage logs, IP address, and content you upload), and processes it for the purpose of providing and improving the Service, and as otherwise described in the Privacy Policy. We implement industry-standard security measures to protect your data (for example, encryption in transit, access controls, etc.), but we do not guarantee that the Service is immune from all forms of attack or data breach. You understand that any data you provide is at your own risk, and AdFlex is not liable for unauthorized access or hacking outside of our control (see Disclaimers and Liability below).

Data Localization and Transfer: AdFlex is operated from the United States. If you are using the Service from outside the U.S., be aware that your personal data may be transferred to, stored, and processed in the United States or other countries where we or our service providers maintain facilities. By using AdFlex, you consent to the transfer of your data to the U.S. and potentially other jurisdictions. You acknowledge that the data protection laws of those countries might differ from those in your own jurisdiction. However, where applicable (e.g., for EU users), we will take appropriate safeguards to ensure your personal data remains protected, such as using the European Commission’s Standard Contractual Clauses for data transfers. For more details, please see our Privacy Policy.

Confidentiality of Your Content: We consider the content you input into AdFlex to be confidential to you (unless it’s public or shared by you). We will not deliberately disclose your User Content to anyone outside AdFlex except as needed to provide the Service, comply with the law, or enforce these Terms. AdFlex staff may access your content only for legitimate business purposes, such as when you request support or when necessary to investigate potential violations of these Terms. We also require our employees and contractors to protect confidential information. However, AdFlex is not a signed party to NDAs you may have with third parties, so do not upload any content you are not authorized to share with us as a service provider.

Confidential Information does not include information that: (i) becomes public through no breach by the Recipient; (ii) was already in the Recipient’s possession without confidentiality obligation prior to disclosure by Discloser; (iii) is lawfully obtained by the Recipient from a third party without confidentiality obligation; (iv) is independently developed by the Recipient without use of Discloser’s Confidential Information; or (v) is required to be disclosed by law or court order (and then only with advance notice to Discloser, if lawful, to allow the Discloser to seek protective relief).

Data Security Measures: AdFlex implements commercially reasonable security measures designed to protect your information against unauthorized access or loss. These include technical, administrative, and physical safeguards as described in our Privacy Policy or Security documentation. That said, no service can guarantee absolute security. You are responsible for maintaining the security of your account credentials as described earlier. If you become aware of any security issue or suspected breach affecting AdFlex or your account, you should notify us immediately at security@adflex.ai or support@adflex.ai.

Data Backups and Retention: AdFlex performs regular backups of operational data for continuity purposes. However, we do not guarantee that any specific piece of content or information can be recovered in the event of deletion or a major incident. Users are encouraged to keep copies or backups of important content that they upload to AdFlex. For example, if you design an important ad creative, you may want to download it; if you upload brand assets, ensure you have them stored elsewhere as well. AdFlex is not liable for loss of data or content. In the event of any loss or corruption of user data, our liability is limited as described in the Limitation of Liability section.

Retention and Deletion upon Termination: Generally, when you delete your account or when we terminate it, we will delete or anonymize the personal data associated with your account within a reasonable period, except as required to retain for legal obligations or legitimate business purposes. We may retain certain transactional information (like invoices, support emails, or logs) for record-keeping. If you wish to export your content or data, you should do so before terminating your account. AdFlex may not be able to retrieve deleted data once an account is fully purged.

User Rights (GDPR, CCPA, etc.): Depending on your jurisdiction, you may have certain legal rights regarding your personal data (such as rights to access, correct, delete, or port your data, or to opt-out of certain processing). Our Privacy Policy outlines these rights and how to exercise them. AdFlex will comply with applicable data protection laws. For instance, if you are in the European Economic Area or UK, you have the right to withdraw consent to processing (where consent is relied on), and to lodge a complaint with your Data Protection Authority. If you are a California consumer, you have rights under the CCPA (California Consumer Privacy Act), and our Privacy Policy provides a “Do Not Sell or Share” mechanism if applicable. By using AdFlex, you acknowledge that we provide required disclosures and processes for these rights in our Privacy Policy, and you agree that you have read those if relevant to you.

Cookies and Tracking: AdFlex uses cookies and similar tracking technologies on our website to provide and improve the Service, remember your preferences, and analyze usage. For details, refer to our Privacy Policy or Cookie Policy. By using the Service, you consent to our use of cookies as described in those policies (where required by law, we will obtain your consent via a banner or settings).

If you have any privacy-related questions or requests, you can reach out to us as specified in the Privacy Policy (or via support@adflex.ai).

Service Availability: AdFlex is intended to be available 24/7, but we do not guarantee 100% uptime or availability. There will be occasions when the Service may be interrupted for maintenance, updates, or due to technical issues beyond our control (such as Internet outages or issues with our cloud infrastructure). AdFlex shall not be liable for any loss or inconvenience caused by an inability to access the Service during downtime. However, we make reasonable efforts to ensure reliability and to restore service as soon as practicable in the event of disruption.

Maintenance and Downtime: AdFlex may from time to time schedule routine maintenance or deploy updates that require temporarily suspending the Service. Whenever feasible, we will try to perform such maintenance during off-peak hours and with prior notice to users (for example, via an in-app alert or email). Emergency maintenance or updates may be performed without advanced notice if necessary to protect the security or integrity of the system (e.g., patching a critical vulnerability). You acknowledge that occasional downtime for maintenance is normal and will not be considered a breach of these Terms. We will not be responsible for any damages or compensation for service interruptions in accordance with the Limitations of Liability section.

Modifications and Feature Updates: AdFlex reserves the right to add, change, suspend, or discontinue any aspect or feature of the Service at any time, in our sole discretion. This includes, without limitation: altering user interface or user experience; changing the algorithms or models used for AI generation; modifying usage limits or quotas; instituting or adjusting fees for certain features (with notice for paid features); or discontinuing ancillary features or third-party integrations. We also reserve the right to retire the Service entirely (although we have no plan to do so, we must include this possibility). If AdFlex discontinues the Service in entirety, we will provide notice to subscribers and, if applicable, refund any prepaid fees for the unused portion of subscriptions on a pro rata basis.

In general, for significant changes (like removal of a core feature), we will attempt to notify you in advance via email or through the Service. Minor changes or improvements may be deployed without specific notice. Your continued use of the Service after a change becomes effective constitutes your acceptance of the modified Service. If you do not agree to a material change, you may terminate your use (or cancel any subscription as per Section 3) before the change takes place.

No Future Functionality Obligations: You agree that your purchase of the Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by AdFlex regarding future functionality. While we might discuss our product roadmap or aspirations, we are not bound to deliver any particular feature unless it’s formally part of these Terms or a separate agreement.

Support: AdFlex provides standard customer support for the Service, primarily through email correspondence. You can reach our support team by emailing support@adflex.ai. We strive to respond to support inquiries in a timely manner, usually within 1-2 business days. However, unless you have a separate support SLA (Service Level Agreement) with us (typically for enterprise customers), support is provided on a best-effort basis without any guaranteed response times or resolution times. Support is available in English (and potentially other languages as we expand). We may also provide a knowledge base, FAQs, or community forums to assist users.

Please note that support may be limited to certain hours (e.g., 9am–5pm U.S. Eastern Time, Monday–Friday, excluding holidays) and certain channels. AdFlex does not guarantee the resolution of all issues, especially if the issue is caused by user error, third-party services, or factors outside our control. We will, however, make good faith efforts to help you use AdFlex successfully. For any critical or urgent issues (like the Service being completely down), we will prioritize those tickets accordingly.

External Factors: The performance of the Service may depend on external factors such as the availability of third-party APIs (for integrated services) or general Internet and cloud infrastructure health. AdFlex shall not be responsible for delays or failures in performance caused by such external factors or “force majeure” events – including, but not limited to, natural disasters, acts of government, labor disputes, cyber-attacks on Internet infrastructure, or global network outages.

By using AdFlex, you acknowledge the above operational considerations and agree that they are reasonable given the nature of an online service.

Term of Agreement: This Agreement commences on the date you first accept it (such as by clicking “I Agree” or by actually using the Service) and will continue until terminated as provided herein. These Terms apply to you as long as you have an AdFlex account or otherwise use the Service. Certain provisions will survive even after termination (see below).

Your Right to Terminate: You may stop using AdFlex and terminate this Agreement at any time by deleting your account or ceasing all use of the Service. If you wish to delete your account, you can usually do so in your account settings or by contacting support. Termination will be effective upon processing your request, at which point you must stop using the Service entirely. If you have a paid subscription, you should cancel it (see Section 3 on Cancellation) prior to terminating your account to avoid further charges. Note: simply uninstalling an app or logging out does not terminate your account – you need to explicitly cancel or delete the account.

When you terminate your account, your User Content and personal data may be scheduled for deletion (with the exception of data we’re obligated to retain, like billing records). Please ensure you have exported any content you want to keep before terminating.

AdFlex’s Right to Terminate or Suspend: We may suspend or terminate your account or use of the Service at any time, with or without cause, and with or without notice, at our sole discretion. Specifically (but without limiting the foregoing), AdFlex may terminate or suspend your access immediately if:

• You have breached any provision of these Terms or have acted in a manner which clearly shows you do not intend to or are unable to comply with these Terms.
• You fail to pay any fees owed for the Service when due, and do not cure such non-payment (AdFlex may suspend service for non-payment as described in Section 3).
• We receive a credible notice of copyright or other intellectual property infringement by you (particularly if you are a repeat infringer under our DMCA policy).
• We are required to do so by law (for example, if providing the Service to you is or becomes unlawful in your country).
• We choose to discontinue the Service or a portion thereof (if we shut down entirely, we’ll strive to give advance notice).
• You have been inactive for an extended period (for free accounts, AdFlex reserves the right to terminate accounts that are inactive, e.g., not logged into for over 12 months – we will try to warn before deletion in such cases to allow you to log in and keep it active).
• You provided false, inaccurate, or misleading information during account registration or in any of your communications with AdFlex.

Additionally, AdFlex may temporarily suspend your account or access if we detect suspicious activity or violations, while investigating.

Effect of Termination: Upon any termination of this Agreement or suspension of your account:

• Cease Use: You must immediately stop using the Service. Any license or rights given to you to use AdFlex are immediately revoked. You may not access or attempt to access the Service or create a new account without our permission.
• Fee Obligations: If your account is terminated due to your breach or wrongdoing, you will not be entitled to any refunds of fees paid. Any unpaid fees for your use prior to termination remain due and chargeable. If we terminate for convenience (no fault of yours) and you had prepaid for a period not yet used, we will refund the unused portion. If termination occurs mid-subscription for non-payment, we may still attempt to collect any amounts owed for the past period.
• Data and Content: In line with our data retention policy, we may delete your User Content associated with your account. AdFlex is not obligated to retain your data or content after termination, and we are not liable to you for deletion of your data or content under an expired or terminated account. (We may retain anonymized or aggregated data and any data we must keep for legal reasons.)
• Downgrade: If you were on a paid plan and it ends (due to cancellation, non-renewal, or termination), we may revert your account to a free limited tier. In such case, some of your content or features might become inaccessible unless you reactivate on a paid plan.
• Surviving Terms: Certain sections of this Agreement will survive termination, as they by their nature should. These include (but are not limited to): Sections concerning Fees (to the extent fees are owed), User Content license (to the extent needed for us to retain backup copies or legal copies), Intellectual Property (our ownership rights and restrictions on use), Disclaimers of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and General Provisions. Any accrued rights or obligations (like any indemnification claim for an incident that occurred prior to termination) shall not be affected by termination.

Termination for Breach: If we terminate your account for a violation of these Terms or unlawful conduct, we reserve the right to refuse re-registration or future use of AdFlex by you (or the business you represent). You may also forfeit any promotional credits or balances in your account.

Legal Action: Termination of an account does not preclude AdFlex from pursuing further legal action against you, if warranted, for any violations that resulted in damages or liability on our part. For example, if you engaged in fraudulent or illegal activity on AdFlex, we may refer the matter to law enforcement and/or pursue remedies in court.

Export of Data: We encourage you, prior to termination, to export any data or content you need. After termination, we generally cannot retrieve deleted data. However, in some cases and for a limited time, we might assist (e.g., if you accidentally lost access). Such requests will be handled case-by-case and may not be possible if data has been purged.

No Liability for Termination: Neither party will be liable to the other for any damages resulting solely from terminating this Agreement according to its terms. If you lose access to the Service due to termination, AdFlex’s sole liability (if termination was without cause) will be a refund of any pre-paid unused portion of your subscription, as noted. If termination was for cause (your breach), AdFlex shall not be liable and may furthermore hold you responsible for losses caused by your breach.

AS-IS Service: AdFlex is provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, AdFlex disclaims all warranties and conditions of any kind, whether express, implied, or statutory, regarding the Service and any results obtained from the Service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade. We make no promises or guarantees that the Service will meet your requirements, achieve any particular results, or operate without interruption, viruses, or errors.

In particular, AdFlex does not warrant:

• That the Service will be uninterrupted, timely, secure, or error-free at all times. While we aim for high reliability, we cannot guarantee no downtime or network problems.
• That any data or content (including User Content or AI-generated content) you obtain through AdFlex will be accurate, complete, or reliable. The outputs, analytics, or recommendations given by AdFlex are for informational purposes and should be validated by you. We do not guarantee the correctness or up-to-dateness of any third-party data (like competitor ads or metrics) presented in the Service.
• That the Service will be compatible with your hardware or software environment, or that any errors or defects in the Service will be corrected. (We strive to fix bugs, but provide no warranty of patch timelines.)
• That the creative content generated by our AI (images, text, etc.) will not inadvertently infringe someone else’s rights or that it will be unique. We use algorithms to generate content based on learned patterns, and while we attempt to mitigate obvious copyright issues, we cannot guarantee that some outputs might not resemble existing works. Use AI outputs at your own risk and perform necessary reviews, especially before wide publication. AdFlex hereby disclaims liability for any claims that any AI output might infringe a third party’s intellectual property; such use is subject to the Indemnity section where you will hold us harmless if your use of outputs leads to a claim (unless that claim is due to our intentional misconduct).
• That any information or advice (technical, financial, or otherwise) obtained from AdFlex’s support or personnel will create any warranty not expressly stated in these Terms. Advice given by AdFlex staff is provided in good faith but without any warranty or liability.

No Liability for User Actions: You understand that you are solely responsible for your use of the Service and any decisions you make based on information from the Service. AdFlex is not responsible for any actions you take (or fail to take) in your advertising or business that are based on outputs from our platform. For example, if AdFlex suggests certain ad creative and you run it and it violates an ad network’s policy or performs poorly, that is not AdFlex’s responsibility. AdFlex provides tools and insights, but all risk arising from using these tools and insights is with you. Use your independent judgment and, where appropriate, consult professionals (e.g., marketing experts or legal advisors) before relying on any automated results.

Third-Party Content and Links: AdFlex is not responsible for any content provided by third parties, whether such content is posted by users, pulled via integrations, or linked to external websites. We do not endorse any information or products offered by third parties through the Service. If the Service provides access or links to third-party resources (like stock image libraries, ad examples from public sources, or partner applications), we provide no warranty for those materials. Your interactions with third-party services (including other users or advertisers) are solely between you and the third party. AdFlex disclaims all liability for third-party actions or omissions.

No Guaranteed Results: AdFlex does not guarantee any specific outcomes or business results from using the Service. For example, we do not warrant that using AdFlex will increase your ad performance, yield higher conversion rates, or improve your return on investment. Any statements by us (in marketing or on our website) about typical results are illustrative only and not a promise. You assume all risk for how the Service’s analytics or AI suggestions are used in your campaigns.

Beta Features: From time to time, AdFlex may offer new features or tools in beta or experimental form. Those are provided “as-is” without any warranties, may be unstable, and may be modified or discontinued at any time. Use beta features at your own risk and understanding.

Consumer Law Rights: Some jurisdictions do not allow the exclusion of certain warranties. If you are a consumer living in such a jurisdiction (for example, in the European Union), some of the above disclaimers may not apply to the extent prohibited by law. In such cases, AdFlex’s liability and warranties are limited to the minimum legally required.

Summary: You use AdFlex at your own risk. To the fullest extent allowed by law, we provide no warranties and accept no responsibility for harm, except as expressly provided in the following sections. You acknowledge that the pricing of the Service reflects this allocation of risk and the broad disclaimers of warranty in this section.

No Indirect Damages: To the fullest extent permitted by law, AdFlex (and its officers, directors, employees, agents, affiliates, and licensors) will not be liable to you for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, or business interruption, or any other intangible losses arising out of or related to your use of (or inability to use) the Service. These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. For example, AdFlex will not be liable for any impact on your advertising campaigns or business if the Service fails to function as expected, nor for any loss of content or data from your account.

Liability Cap: To the fullest extent permitted by law, AdFlex’s total cumulative liability to you for all claims arising out of or relating to these Terms or the use of the Service will not exceed the total amount of fees you have paid to AdFlex for the Service in the 12 months immediately preceding the event giving rise to the claim. If you have not paid any fees to AdFlex (for example, if you are on a free plan), AdFlex’s total liability shall not exceed USD $100. This limitation is aggregate – meaning if multiple claims or incidents occur, the cap remains the same overall, not per incident.

This cap on liability reflects the agreed allocation of risk between you and us. You acknowledge that absent this limitation, the fees charged for the Service would need to be higher to account for increased risk.

Exceptions: The above exclusions and limitations of liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so portions of the above limitation may not apply to you. In those jurisdictions, AdFlex’s liability will be limited to the greatest extent permitted by law. Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by our gross negligence or willful misconduct, or any statutory liability that cannot be waived (e.g., certain statutory warranties under consumer laws). Also, the liability limitations do not apply to AdFlex’s willful misconduct or fraud if proven in a court of law.

Release: Except for claims explicitly permitted under these Terms, you hereby release AdFlex and its affiliates from any and all obligations, liabilities, and claims in excess of the liability limitation stated above. If you are a California resident, you waive California Civil Code §1542 (which says you cannot release unknown claims) and any similar law in other jurisdictions. You acknowledge that this general release extends to all claims, known or unknown, except as limited by the above.

Third-Party Claims: Under no circumstances will AdFlex be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein, or for the actions of any third parties on the Service (like other users or integrated platforms). You agree that any claim arising from any interaction you have with a third party via AdFlex (such as an integration partner or another user in a shared environment) shall be solely against that third party, and not against AdFlex.

Applicability: The limitations, exclusions, and disclaimers in this Section 10 apply to all claims for damages or losses, whether based on breach of contract, breach of warranty, strict liability, negligence, product liability, or any other legal theory. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks under the Agreement between the parties. This allocation is reflected in the pricing of the Service and is an essential element of the basis of the bargain. You agree that these limitations shall apply even if any limited remedy fails of its essential purpose.

If you are dissatisfied with the Service or believe you have been harmed by it, your sole and exclusive remedy is to discontinue use of the Service and, if applicable, to seek a prorated refund of any prepaid amounts as described (if AdFlex is in material breach of these Terms and fails to cure, or if required by law in your jurisdiction). Otherwise, the remedies in these Terms are exclusive and replace all others.

Indemnity by User: You agree to defend, indemnify, and hold harmless AdFlex, its parent company (Novix Inc.), affiliates, and their respective officers, directors, employees, consultants, partners, and agents (the “AdFlex Parties”) from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to:

a. Your Use of the Service: Any use or misuse of the AdFlex Service by you or anyone using your account. This covers claims arising from content you create or decisions you make using AdFlex, as well as any breach of contract or injury caused by your actions on the platform.

b. Violation of Terms: Your violation of any provision of these Terms, any representation or warranty you provide herein, or any applicable law or regulation. For example, if you breach the Acceptable Use Policy and that results in a legal claim, you’ll indemnify AdFlex.

c. User Content: Any allegation that your User Content (including content AdFlex generates for you based on your inputs) infringes or misappropriates the intellectual property rights, privacy rights, or other rights of any third party, or has caused harm to a third party. For instance, if you upload a graphic you don’t have rights to and someone sues AdFlex for copyright infringement, you will cover AdFlex’s costs.

d. Other Interactions/Disputes: Any dispute or issue between you and any third party, such as your customers, advertising audiences, or other software providers. If you use AdFlex to create ads and a consumer sues you for false advertising (and drags AdFlex in), or if you have a falling out with a client or agency and they bring claims involving AdFlex, you will indemnify us.

e. Illegal or Fraudulent Activities: Any fraud, gross negligence, or willful misconduct by you, or any violation of law by you, in connection with your use of AdFlex.

Indemnification Procedure: AdFlex will promptly notify you of any claim for which we seek indemnification (provided that a delay in notice does not relieve your obligations unless it prejudices your defense). You, upon written request from AdFlex, agree to immediately assume the defense of the claim. You have the right to select counsel of your choice (subject to our reasonable approval if conflict of interest might exist) to defend the AdFlex Parties, and to direct the defense. AdFlex reserves the right, at its option, to participate in the defense (at our own expense) and to assume exclusive control of the defense if we determine, in good faith, that your interests and ours may diverge or that you are not adequately defending the claim. If we take control, you will cooperate with us fully and your indemnification obligations regarding that claim will still apply (you’ll pay our reasonable attorneys’ fees and any settlement or judgment).

No Settlement without Consent: You may not settle any indemnified claim without AdFlex’s prior written consent if the settlement imposes any obligation on AdFlex, admits any fault on behalf of AdFlex, or does not fully release the AdFlex Parties from all liability. AdFlex will not unreasonably withhold consent to a settlement that only involves payment of money by you (or your insurer) and includes a full release of AdFlex. Likewise, if AdFlex is controlling the defense, we will not settle any claim in a manner that imposes liability or obligations on you other than the agreed-upon indemnification amounts, without your consent.

Continued Obligations: Your duty to indemnify and defend the AdFlex Parties applies regardless of any insurance policies you may have. You are not excused from these obligations due to insurance, and your insurer’s involvement does not limit your responsibilities.

Independent Obligation: Your indemnification obligations under this section are independent of your other obligations under these Terms. Exercising any legal right or remedy by AdFlex (like termination) shall not affect AdFlex’s right to indemnification.

Example: If a third party (say, a stock photo agency) sues AdFlex because a user of AdFlex (you) uploaded a photo without a license, AdFlex can require you to defend that lawsuit and pay any damages or legal fees, because it arose from your breach (uploading content you didn’t have rights to). This is in addition to possibly terminating your account for that breach.

Additional Protections: In some places, certain indemnification provisions may not apply to the extent that a claim arises from AdFlex’s own negligence or willful misconduct. We are not asking you to indemnify us for our own serious wrongdoing. This indemnity is aimed at ensuring that if we get sued due to your actions or content, you’ll cover us. If applicable law limits this principle (for example, for consumers or in certain states), we will apply indemnification to the fullest extent allowed.

Survival: This indemnity clause survives any termination or expiration of the Agreement, meaning you’ll still indemnify us for claims that relate to your use when you were under the Agreement, even if claims arise later.

By accepting these Terms, you acknowledge that this indemnification allocation is an important factor in AdFlex’s willingness to provide the Service and that the fees charged (if any) reflect this risk allocation.

Governing Law: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. In other words, Delaware law will be used to interpret and enforce this contract, regardless of where you live or use the Service (unless otherwise required by a specific jurisdiction’s mandatory laws, such as certain consumer protections that cannot be waived by contract).

If you are using the Service as a consumer in a jurisdiction with consumer protection laws, nothing in this Governing Law clause will deprive you of any protections under those laws that are not waivable. For example, if you reside in a country that requires applying certain local laws for consumer contracts, those laws might still apply to some claims.

Jurisdiction and Venue: Subject to the Arbitration provision below, you and AdFlex agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, County of New Castle, for the resolution of any lawsuit or court proceeding permitted under these Terms. You expressly waive any objection to the personal jurisdiction and venue of such courts, including any argument that such courts represent an inconvenient forum. If you are a consumer in the EU or UK, this clause means you may bring a claim in Delaware courts, but if applicable law grants you the right to sue in your home country’s courts, this clause does not supersede that right for consumer claims.

Arbitration Agreement: *Except for the matters described under “Exceptions” below, you and AdFlex agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service (including its interpretation, breach, termination, or validity), shall be resolved by binding arbitration on an individual basis, rather than in court. You and AdFlex are each waiving the right to a trial by jury or to participate in a class action for such disputes.

• Federal Arbitration Act: This arbitration agreement is governed by the U.S. Federal Arbitration Act (9 U.S.C. §1 et seq.), and evidences a transaction in interstate commerce.
• Arbitration Rules: The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable based on the nature of the user and dispute) in effect at the time the arbitration is initiated, except as modified by this Section. (You can find the AAA rules at www.adr.org or by calling AAA.)
• Arbitration Location and Procedure: The arbitration shall be conducted by a single, neutral arbitrator. For any arbitration involving a User located in the United States, the arbitration hearing (if any) will take place in New Castle County, Delaware (or another location we agree on). For users outside the U.S., the arbitration shall be conducted by telephone, videoconference, or based on written submissions, at the arbitrator’s discretion, or if an in-person hearing is required, it shall occur in Delaware, and you agree to travel at your cost. The arbitration shall be conducted in English. The arbitrator is empowered to grant any relief that would be available in a court under law or in equity, except that the arbitrator cannot award declaratory or injunctive relief for the benefit of anyone not a party to the arbitration.
• Individual Basis Only: The arbitration will be solely on an individual basis. No class, consolidated, or representative arbitrations are allowed. The arbitrator may not consolidate the claims of multiple parties and may not otherwise preside over any form of a class or representative proceeding. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between us.
• Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement (including any claim that all or part of this arbitration agreement is void or voidable), except as provided below regarding the enforceability of the Class Action Waiver. However, the court will decide any question regarding the validity or enforceability of the class action waiver. If a court deems the class action waiver unenforceable with respect to any claim, then the arbitration agreement will not apply to that claim and it must be severed and brought in court.
• Arbitration Decision: The arbitrator will issue a reasoned written decision that is final and binding. Judgment on the arbitration award may be entered in any court with jurisdiction.
• Fees: Each party will pay their own attorneys’ fees and costs. The payment of AAA filing, administration, and arbitrator fees will be governed by the AAA’s rules. However, if your claim is for less than $10,000 and you can demonstrate that arbitration costs will be prohibitive as compared to litigation costs, AdFlex will pay as much of your arbitration filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Exceptions to Arbitration: Notwithstanding the above, either party may choose to bring the following matters to court rather than arbitration: (a) Small Claims – if the claim is within the jurisdictional limit of small claims court (generally under a certain monetary threshold, e.g., $5,000 or as applicable), either party can opt to pursue it in small claims court in Delaware (or the county of your residence if required by law) rather than arbitration; (b) Intellectual Property Injunctive Relief – either party may seek temporary or preliminary injunctive relief in a court of law for claims involving intellectual property rights (e.g., trademark, trade secret, copyright, or patent) or unauthorized access to data, since in some cases immediate injunctive relief is appropriate to prevent ongoing harm; (c) Regulatory Remedies – you or we may bring issues to the attention of federal, state, or local agencies (which may seek relief on a party’s behalf, though that is separate from private dispute resolution); (d) Opt-out (as described below); and (e) No Arbitration – if the arbitration agreement is found not to apply by law.

Opt-Out Right: You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must send a written notice of your decision to opt out to the following address: Novix Inc. d/b/a AdFlex, 8 The Green STE B, Dover, DE 19901, USA, Attn: Legal Department – Arbitration Opt-Out. You must mail this opt-out notice within 30 days of the first acceptance of these Terms (if you create an account and agree to Terms on that date, that is the trigger). Your notice must include your name, the email address associated with your AdFlex account, and an unequivocal statement that you wish to opt out of the arbitration requirement. If you opt out of arbitration, the other parts of these Terms (including governing law and jurisdiction above) remain in effect. Opting out will not affect any other aspect of the Terms or your relationship with us, but it means disputes would be resolved in court, potentially as part of a class if certified (though you still waive class action rights to the extent permitted, see below).

Future Changes to Arbitration Clause: If AdFlex makes any future change to this arbitration provision (other than a change to our contact address), you have the right to reject the change by sending us written notice within 30 days of the change to our address for legal notices. If you do, your account with AdFlex will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

Class Action Waiver: To the maximum extent permitted by law, you and AdFlex agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means: (1) no class arbitrations, private attorney general actions, or consolidation with other arbitrations; and (2) no representative or class actions in court. If for any reason a claim proceeds in court rather than arbitration, you and AdFlex waive any right to a jury trial and further agree that the claim can proceed only on an individual basis and not as a class or representative action. YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ODR (For EU Users): (Note: The EU Online Dispute Resolution platform was an initiative for consumer disputes online. As of mid-2025, the EU ODR platform is being discontinued. Therefore, rather than a link (which may be defunct), we inform EU consumers: You may consult your local consumer center or dispute resolution body for assistance. While AdFlex is not currently subscribed to any specific ADR entity in the EU, we will consider amicable resolution requests in good faith.)

Exceptions for Consumers (EU/UK): If you are a consumer residing in the European Union or United Kingdom, you may be entitled to bring a claim in the courts of your home country under certain consumer protection laws. These Terms do not limit any such non-waivable right you have to bring actions locally. Additionally, statutory rights to initiate mediation or ADR via local bodies remain unaffected by this agreement – this arbitration clause applies primarily to users in jurisdictions where such pre-dispute arbitration clauses are enforceable. If you are an EU/UK consumer, you are not required to arbitrate disputes and the class action waiver may not apply to you to the extent prohibited by law.

Venue for Litigation: In the unlikely event that a dispute is not subject to arbitration or small claims (either because you opted out, the dispute is outside the scope of arbitration, or the arbitration clause is found unenforceable), you and AdFlex agree that any litigation will be brought exclusively in the state or federal courts in New Castle County, Delaware (except for an IP injunction as noted, which could be filed elsewhere as appropriate). You consent to that jurisdiction and venue as discussed above.

Continued Availability: This Dispute Resolution section shall survive termination of your account or the Terms. If there is a conflict between this Dispute Resolution section and other terms of the Agreement, this section shall govern to the extent of the conflict.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without AdFlex’s prior written consent. Any attempt by you to transfer or assign the Agreement without consent will be null and of no effect. AdFlex may freely assign or transfer this Agreement (in whole or in part), including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise, without notice or consent. This Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Entire Agreement: These Terms (including any referenced policies like the Privacy Policy and any Order Form or subscription details presented at sign-up) constitute the entire agreement between you and AdFlex regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. No oral or written information or advice given by AdFlex, or its agents or employees, shall create any additional warranties or in any way increase the scope of the obligations under these Terms, unless formally incorporated into an official amendment to this Agreement. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of AdFlex that is not set forth in this Agreement.

Waiver: No waiver by AdFlex of any provision of these Terms will be effective unless in writing and signed by an authorized representative of AdFlex. Our failure or delay in enforcing any right or provision under these Terms shall not constitute a waiver of future enforcement of that or any other provision. Similarly, a partial exercise of a right or remedy does not preclude further exercise of that or any other right or remedy. If we do expressly waive a breach in writing, that waiver is limited to the particular breach and does not waive any future breaches.

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms shall remain in full force and effect. The parties agree that any such invalid provision will be deemed modified to the minimum extent necessary to make it enforceable (reflecting the parties’ intent as closely as possible). If such modification is not possible, the provision will be severed and ignored, and the rest of the Agreement will continue.

Relationship of Parties: You and AdFlex are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, franchise, fiduciary, or employment relationship between the parties. Neither party is an agent of the other or has any authority to act on behalf of the other or bind the other to any third party, except as expressly stated (e.g., AdFlex acting as your agent to post content to your linked accounts as directed by you, per the integration terms). You agree that AdFlex is not your legal consultant or advertising advisor; we provide tools, and you are responsible for your use of them.

No Third-Party Beneficiaries: There are no third-party beneficiaries to this Agreement. This Agreement is for the benefit of the parties (and permitted successors/assignees) only and not for any other person or entity. For clarity, the limitations of liability and indemnities in favor of AdFlex also apply to AdFlex’s affiliated parties as stated, but that doesn’t make those affiliates formal parties to the contract.

Headings and Interpretation: The section headings in these Terms are for convenience only and have no legal or contractual effect. In interpretation, “including” (and its derivatives like “e.g.”) means “including without limitation”. The word “or” is inclusive (meaning “and/or”) unless the context clearly dictates otherwise. The singular includes the plural and vice versa as needed. Any ambiguities in the Agreement shall not be construed against the drafter (both parties had opportunity to review the terms).

Notices: AdFlex may provide notices to you under this Agreement by: (i) emailing the address associated with your account (it’s your responsibility to keep that email current and to check it); or (ii) posting a notice within the Service (such as on your account dashboard) or on our website. Notices sent by email will be deemed given when sent, and notices posted in-app or on our site are deemed given when posted. You should periodically review your account and the website for such notices.

You must send notices to AdFlex (other than routine communications, which should go to support) by postal mail to:

Novix Inc. (d/b/a AdFlex)8 The Green STE BDover, DE 19901, USAAttn: Legal Department / Terms of Service Notice

With a copy via email to support@adflex.ai (with the subject line “Legal Notice”).

However, formal legal notices (like notices of dispute, arbitration opt-outs, or infringement notices) should be sent via traceable mail (e.g., courier or certified mail) to ensure receipt. Notices will be effective upon receipt by us as evidenced by delivery confirmation.

U.S. Government Users: If you are a U.S. government end user, note that the Service and associated software are “Commercial Items” as defined in 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and are licensed to you under the same rights and restrictions generally applicable to non-government customers.

Export Compliance: The AdFlex Service and any software components are subject to U.S. export control and economic sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. sanctions (such as Cuba, North Korea, Iran, Syria, or the Crimea region, etc.), and that you are not a person or entity on any U.S. Government denied-party list. You agree to comply with all applicable export and import laws in using the Service. You shall not export or re-export any part of the Service or software to any prohibited country, entity, or person. This assurance and commitment shall survive termination of this Agreement.

Consumer Rights and Notices (California): Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us at support@adflex.ai. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Additionally, as required by California law, we inform you that prices and billing terms for the Service are specified in Section 3 of these Terms and on our website; AdFlex reserves the right to change fees as stated. The provider of the Service is Novix Inc. d/b/a AdFlex, at the address provided above. Currently, we do not charge separately for support beyond the subscription fee. The terms for cancellation are described in Section 3, and refunds are not generally provided except as required by law or stated.

Changes to Terms: As mentioned, AdFlex may modify these Terms from time to time. We will notify users by updating the “Last updated” date at the top and, for significant changes, by additional notice (e.g., email or in-product alert). It is your responsibility to review these Terms periodically. If you continue to use the Service after updated Terms go into effect, you are indicating your acceptance of the changes. If you do not agree to a change, you must stop using the Service and (if applicable) cancel your subscription. We encourage you to print or save a local copy of these Terms for your records.

Contact Information: If you have any questions, concerns, or comments about these Terms or the Service, you can contact us by email at support@adflex.ai or by mail at:

Novix Inc. (dba AdFlex)8 The Green STE BDover, DE 19901United States of America

We will do our best to address your inquiry promptly.