Terms & Conditions

These Terms & Conditions form a binding agreement between Marketing Genius ( “Marketing Genius”, “we”) and the individual or entity that creates an account (“Customer”, “you”). By creating an account, connecting an advertising account or using the platform, you accept these terms. If you accept on behalf of a company, you represent that you are authorized to bind it.

Marketing Genius analyzes your advertising and business data and produces growth recommendations, campaign blueprints, ad creative, landing pages and, where you approve it, changes to your connected Google Ads account. Features may change, improve or be retired as the product evolves.

• You must be at least 18 years old and using the platform for business purposes.
• You are responsible for the accuracy of the information you provide and for all activity under your credentials.
• You must keep credentials confidential and notify us promptly of any unauthorized access.
• Organization owners control team membership and role permissions for their workspace.

• Subscriptions are billed in advance on a recurring basis at the plan price shown at purchase, plus applicable taxes.
• Subscriptions renew automatically until cancelled. You may cancel at any time and access continues to the end of the paid period.
• Fees already paid are non-refundable except where required by law or expressly stated in writing.
• We may change pricing with at least 30 days' notice before the change applies to your next renewal.
• Failure to pay may result in suspension or termination of access after notice.

Subscription fees do not include media spend. All advertising costs are billed directly to you by Google or the relevant advertising platform under your own agreement with them. You set and control budgets, you approve campaign launches and changes, and you are solely responsible for all amounts spent, including spend that follows a recommendation or an approved automated optimization.

• Recommendations, forecasts, readiness scores, ad copy and landing pages are AI-generated and may contain errors or omissions.
• You are responsible for reviewing and approving all output before it is published or funded.
• We make no guarantee of leads, conversions, revenue, ranking, return on ad spend or any other business outcome.
• Projected impact figures are estimates, not promises.

Your use of Google Ads and any other connected platform remains governed by that provider’s own terms and policies. You are responsible for complying with them, including advertising content policies. We are not liable for suspension, disapproval, rate limiting, data loss or policy enforcement by a third-party platform. You authorize us to access those accounts using the scopes you grant, and you may revoke access at any time.

You agree not to:

• Use the platform for unlawful, deceptive, discriminatory or harmful advertising.
• Promote regulated or prohibited products where you lack required licenses or disclosures.
• Upload content you do not own or have permission to use, including logos and photography.
• Publish claims, testimonials, credentials or guarantees you cannot substantiate.
• Attempt to breach security, bypass tenant isolation, access other organizations' data, scrape, reverse engineer, or resell the service without authorization.
• Send unsolicited messages or process consumer data in violation of applicable marketing and privacy law.

You retain ownership of your business data, brand assets and the lead and booking data submitted through pages you publish. You grant us a limited license to host, process and display that data solely to operate the service. You are the controller of consumer data you collect and are responsible for the notices, consents and disclosures required by law, including telephone, text and email contact consent.

We own the platform, its software, models, prompts, scoring systems and design. Subject to payment and these terms, you own the marketing deliverables generated for your business and may use them commercially. You may not copy, resell or create competing services from the platform itself.

Each party will protect the other’s non-public information with at least reasonable care and use it only to perform under this agreement, except where disclosure is legally required.

We aim for high availability but do not guarantee uninterrupted service. Maintenance, third-party outages and force majeure events may affect access. Support is provided by email during business hours unless a written service level agreement says otherwise.

Except as expressly stated, the platform is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to this agreement will not exceed the subscription fees you paid to us in the twelve months preceding the event giving rise to the claim. Advertising spend paid to third-party platforms is excluded from our liability.

You will defend and indemnify us against third-party claims arising from your content, your advertising, your handling of consumer data, or your breach of these terms or of applicable law.

You may cancel at any time. We may suspend or terminate access for non-payment, material breach, security risk or unlawful use, with notice where practical. On termination we disconnect advertising accounts, delete stored credentials, and retain remaining data per our Privacy Policy. You may request an export before closure.

These terms are governed by the laws of the State of California, United States, without regard to conflict of law rules. The parties will attempt to resolve disputes informally for 30 days before initiating proceedings, which will take place in the courts of that jurisdiction. Nothing prevents either party from seeking injunctive relief to protect intellectual property or confidential information.

We may update these terms. Material changes take effect on your next renewal or 30 days after notice, whichever comes first. Continued use after that date means you accept the updated terms.

These terms, together with the Privacy Policy and any order form, are the entire agreement. If a provision is unenforceable, the rest remains in effect. Neither party may assign this agreement without consent, except in a merger or sale of substantially all assets. Failure to enforce a provision is not a waiver.

Questions about these terms: legal@airqualityprosusa.com