IMPORTANT – READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE
1. Agreement
This End User License Agreement ("Agreement") is a legally binding agreement between you ("User," "you," or "your") and Mindy's Market Launch ("Company," "we," "our," or "us") governing your access to and use of the Mindy software, website, applications, APIs, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by this Agreement. If you do not agree, you may not use the Service.
2. License Grant
Subject to your compliance with this Agreement, Mindy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business or personal marketing purposes.
This license does not transfer ownership of the Service or any intellectual property.
3. Description of the Service
Mindy provides AI-powered advertising tools that may include:
* Campaign creation
* AI-generated ad copy
* Creative recommendations
* Campaign optimization
* Cross-platform reporting
* Budget recommendations
* Advertising analytics
* Third-party advertising platform integrations
* Managed advertising services (where purchased)
The available features may change over time.
4. AI Features
Mindy uses artificial intelligence to generate recommendations, advertising copy, campaign structures, and optimization suggestions.
You acknowledge that:
AI-generated content may contain inaccuracies.
You remain responsible for reviewing all content before publishing.
Mindy does not guarantee campaign performance.
AI recommendations are suggestions and should not replace professional judgment.
5. Third-Party Platforms
The Service integrates with third-party platforms including but not limited to:
Meta
Google Ads
TikTok Ads
LinkedIn
Microsoft Advertising (Bing)
Spotify
Snapchat
These platforms operate independently from Mindy.
You acknowledge that:
Your use of these services is governed by their respective terms.
Mindy is not responsible for outages, API limitations, account suspensions, policy violations, or changes made by third-party platforms.
Third-party platform availability may change without notice.
6. User Responsibilities
You agree to:
Maintain accurate account information.
Keep your connected advertising accounts secure.
Review campaigns before publishing.
Comply with all advertising laws and platform policies.
Ensure you have the rights to all uploaded content.
You are solely responsible for:
Your advertisements
Your creative assets
Your targeting selections
Your advertising spend
Compliance with applicable laws
7. Prohibited Uses
You may not:
Reverse engineer the Service.
Copy or reproduce the software.
Sell or sublicense the Service.
Attempt unauthorized access.
Upload malware.
Interfere with platform operations.
Use the Service for unlawful advertising.
Use the Service to violate any advertising platform policies.
8. Subscription and Billing
Certain features require a paid subscription.
By subscribing you agree to:
Pay applicable fees.
Authorize recurring billing where applicable.
Maintain valid payment information.
Unless otherwise stated, subscriptions automatically renew until cancelled.
Fees are generally non-refundable except where required by law.
9. Advertising Spend
Advertising budgets are paid directly to the advertising platforms unless otherwise stated.
Mindy subscription fees do not include advertising spend.
You remain solely responsible for:
Campaign budgets
Daily spending limits
Platform billing
Taxes related to advertising
10. Managed Services
Customers purchasing managed advertising services authorize Mindy to:
Access connected advertising accounts
Create campaigns
Modify campaigns
Pause or resume campaigns
Optimize budgets
Upload approved creative assets
Campaign performance cannot be guaranteed.
11. Intellectual Property
Mindy and all related software, branding, designs, logos, technology, documentation, and AI systems remain the exclusive property of the Company.
Nothing in this Agreement transfers ownership of our intellectual property.
12. User Content
You retain ownership of all content you upload.
By uploading content, you grant Mindy a worldwide, non-exclusive license to:
Store
Process
Display
Analyze
Optimize
Use your content solely to provide the Service.
You represent that you own or have permission to use all uploaded content.
13. Data and Privacy
Your use of the Service is also governed by our Privacy Policy.
By using the Service, you consent to the collection and processing of information necessary to operate the platform.
14. Availability
We strive to maintain uninterrupted service but do not guarantee:
Continuous availability
Error-free operation
Compatibility with every browser or device
Continuous access to third-party integrations
Scheduled maintenance may temporarily interrupt service.
15. Disclaimer of Warranties
The Service is provided "AS IS" and "AS AVAILABLE."
To the fullest extent permitted by law, Mindy disclaims all warranties, including implied warranties of:
Merchantability
Fitness for a particular purpose
Non-infringement
We do not guarantee:
Specific advertising results
Return on ad spend (ROAS)
Lead generation
Revenue increases
Platform approvals
16. Limitation of Liability
To the maximum extent permitted by law, Mindy's total liability shall not exceed the amount paid by you for the Service during the twelve (12) months preceding the claim.
We are not liable for:
Lost profits
Lost revenue
Lost advertising spend
Business interruption
Loss of goodwill
Indirect or consequential damages
17. Indemnification
You agree to indemnify and hold harmless Mindy, its officers, employees, contractors, and affiliates from claims arising out of:
Your use of the Service
Your advertisements
Uploaded content
Violation of this Agreement
Violation of third-party rights
18. Suspension and Termination
We may suspend or terminate your account if:
You violate this Agreement.
Your use poses security risks.
Required by law.
Necessary to protect the Service.
You may cancel your account at any time.
19. Updates
We may modify the Service or this Agreement at any time.
Continued use after updates constitutes acceptance of the revised Agreement.
20. Governing Law
We comply with all applicable US Federal laws, as well as specific international data protection laws, including:
GDPR: For EU residents, ensuring transparency and user rights.
PIPEDA: Obtaining consent for data collection in Canada.
If you believe we are not complying, you may file a complaint with your local data protection authority.
21. Contact
For questions or to exercise your data rights, contact us at: