Welcome to Gradelytix! These Terms of Service ("Terms") govern your use of our website and services. By accessing or using Gradelytix, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using Gradelytix, you agree to:
- These Terms of Service
- Our Privacy Policy
- All applicable laws and regulations
- Any additional terms specific to certain features
If you do not agree to these Terms, you may not use our services.
2. Description of Service
Gradelytix provides an AI-powered ad grading platform that:
- Analyzes advertising creative for Facebook and Google Ads
- Provides performance scores and recommendations
- Offers competitive benchmarking
- Tracks historical ad performance
- Delivers actionable insights for ad optimization
3. Account Registration
3.1 Eligibility
To use Gradelytix, you must:
- Be at least 18 years old
- Have the legal capacity to enter into contracts
- Provide accurate and complete registration information
- Maintain the security of your account credentials
3.2 Account Responsibility
You are responsible for:
- All activity that occurs under your account
- Maintaining the confidentiality of your password
- Notifying us immediately of any unauthorized access
- Ensuring your account information is accurate and up-to-date
4. Subscription Plans and Billing
4.1 Free Plan
- 5 ad grades per month
- Basic features
- No credit card required
- Can be upgraded at any time
4.2 Paid Plans
We offer three paid subscription tiers:
- Basic: $18/month or $180/year (50 ad grades/month)
- Pro: $38/month or $380/year (unlimited ad grades)
- Enterprise: $60/month or $600/year (unlimited + premium features)
4.3 Billing Terms
- Subscriptions are billed in advance on a monthly or annual basis
- All payments are processed securely through Stripe
- Prices are in USD and exclude applicable taxes
- 3-day free trial for all paid plans (no credit card charged during trial)
- Automatic renewal unless cancelled before the renewal date
4.4 Refunds
We offer a satisfaction guarantee:
- Contact us within 7 days if you're not satisfied
- We'll work with you to resolve any issues
- Refunds are evaluated on a case-by-case basis
- No refunds for partial months or unused ad grades
4.5 Cancellation
- You can cancel your subscription at any time
- Cancellation takes effect at the end of your current billing period
- You retain access to paid features until the end of the billing period
- No refunds for the remaining time in your billing period
5. Acceptable Use
5.1 Permitted Use
You may use Gradelytix to:
- Grade and analyze your own advertising creative
- Improve your ad performance
- Access features included in your subscription plan
- Share results within your organization
5.2 Prohibited Use
You may NOT:
- Upload content that violates intellectual property rights
- Upload illegal, harmful, or offensive content
- Attempt to reverse engineer or copy our AI algorithms
- Use automated tools to scrape or download content
- Share your account credentials with others
- Resell or redistribute our services
- Interfere with or disrupt our services
- Use our services for competitive analysis of our platform
- Upload malware, viruses, or malicious code
- Violate any applicable laws or regulations
6. Intellectual Property
6.1 Our IP
Gradelytix retains all rights to:
- Our website, platform, and services
- Our AI algorithms and technology
- Our branding, logos, and trademarks
- All content we create (documentation, blog posts, etc.)
6.2 Your Content
You retain ownership of:
- All ads and creative you upload
- Your account data and information
By uploading content, you grant us a limited license to:
- Process and analyze your ads
- Store your content for the duration of your account
- Use anonymized, aggregated data to improve our services
7. Data and Privacy
Your use of Gradelytix is also governed by our Privacy Policy, which explains:
- What data we collect
- How we use your data
- How we protect your data
- Your rights regarding your data
8. Service Availability
8.1 Uptime
We strive to maintain 99.9% uptime, but we do not guarantee:
- Uninterrupted access to our services
- Error-free operation
- That our services will meet all your requirements
8.2 Maintenance
We may perform scheduled maintenance:
- We'll provide advance notice when possible
- Emergency maintenance may occur without notice
- We'll minimize disruption to your service
9. Disclaimers and Limitations
9.1 Service "As Is"
Gradelytix is provided "as is" without warranties of any kind, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy of results
9.2 AI Limitations
Our AI-powered analysis:
- Provides recommendations, not guarantees
- May not be 100% accurate in all cases
- Should be used as one factor in your decision-making
- Does not replace professional marketing expertise
9.3 Limitation of Liability
To the maximum extent permitted by law, Gradelytix shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or data
- Business interruption
- Damages exceeding the amount you paid us in the past 12 months
10. Indemnification
You agree to indemnify and hold Gradelytix harmless from any claims, damages, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you upload to our platform
11. Termination
11.1 By You
You may terminate your account at any time by:
- Cancelling your subscription
- Deleting your account through your profile settings
- Contacting our support team
11.2 By Us
We may suspend or terminate your account if:
- You violate these Terms
- Your payment fails
- We're required to do so by law
- We discontinue the service (with 30 days notice)
11.3 Effect of Termination
Upon termination:
- Your access to paid features ends immediately
- Your data will be deleted within 30 days
- You remain liable for any outstanding payments
- Provisions that should survive termination will remain in effect
12. Changes to Terms
We may update these Terms from time to time. We will:
- Post the updated Terms on this page
- Update the "Last Updated" date
- Notify you via email for material changes
- Provide 30 days notice for changes affecting your rights
Your continued use of Gradelytix after changes constitutes acceptance of the new Terms.
13. Dispute Resolution
13.1 Informal Resolution
Before filing a claim, please contact us at support@gradelytix.com to resolve the issue informally.
13.2 Arbitration
Any disputes will be resolved through binding arbitration rather than in court, except:
- Small claims court disputes
- Intellectual property disputes
13.3 Class Action Waiver
You agree to resolve disputes individually, not as part of a class action.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the United States, without regard to conflict of law principles.
14.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gradelytix.
14.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
14.4 No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.5 Assignment
You may not assign these Terms without our consent. We may assign these Terms without restriction.
By using Gradelytix, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.