This version has been specifically tailored to reflect Mindy's Market Launch as an ad building and optimization product under the Market Minds Creative umbrella. I have refined the language to focus on advertising performance, campaign management, and the relationship between the agency and the platform.
1. Overview
To comply with the European Union General Data Protection Regulation (GDPR) and ongoing global data protection standards, these Terms of Use govern Mindy's Market Launch, a specialized advertising technology product of Market Minds Creative. This Agreement sets forth the conditions under which Market Minds Creative provides ad building and optimization services through the Mindy's Market Launch application (the “App”). By setting up your account, you confirm that you accept these Terms and acknowledge that Mindy's Market Launch is an automated tool designed to assist in digital marketing execution.
2. Legal Information
This Agreement is a contract between you and Market Minds Creative, having its registered office at:
6641 West Sylvania Ave, Suite 5, Sylvania, OH. Mindy's Market Launch is the branded ad-automation platform provided by Market Minds Creative. All software, algorithms, and optimization strategies utilized within the App are the proprietary intellectual property of Market Minds Creative.
3. About the Service
Mindy's Market Launch serves as an automated digital marketing suite. It is designed to act as an "AI-driven marketing team," simplifying the complexities of:
Google Ads & Meta Ads creation and deployment.
Ad Optimization: Real-time adjustments to improve campaign ROI.
Analytics Integration: Consolidating data from Google Analytics and other sources into actionable marketing strategies.
4. Eligibility & User Responsibility
Age: You must be at least 18 years old to use this service.
No Resale: You are granted a license to use Mindy's Market Launch for your own business or managed clients; however, you are not allowed to resell the software itself or its underlying proprietary optimization methods.
Account Security: You are responsible for all activities that occur under your account, including ad spend incurred through integrated platforms (Google, Meta, etc.).
5. Rules for Ad Conduct
By using Mindy's Market Launch, you agree to adhere to the advertising policies of the platforms you connect to (e.g., Google Ads Policy, Meta Advertising Standards).
Automated Means: You agree not to access the App through any unauthorized automated means (bots, scrapers, etc.) except for the official APIs provided.
Non-Compete: Users, agents, or sub-contractors may not use Mindy's Market Launch to build a competing ad-builder or optimization software for a period of one year following account termination.
6. Ad Spend, Billing, and Payments
Ad Spend: You acknowledge that Mindy's Market Launch is a management tool. Payments for actual "Ad Spend" are paid directly to the ad platforms (Google, Meta). MarketMinds Creative is not responsible for, nor will it refund, any ad spend consumed by these third-party platforms.
Subscription Fees: Fees paid for access to the Mindy's Market Launch builder and optimizer are non-refundable.
Cancellations: If you cancel your subscription, your active ads will not automatically pause. You must manually pause your campaigns within Mindy's Market Launch or the respective ad platform to avoid continued charges from Google or Meta.
7. License Grant & Intellectual Property
MarketMinds Creative grants you a non-exclusive, non-transferable right to use the Mindy's Market Launch App.
Content Rights: You retain ownership of your ad copy and images. However, by using the App, you grant MarketMinds Creative a license to use your campaign data (in an anonymized, aggregated format) to improve our optimization algorithms.
Marketing: We may use your company logo and name in our marketing materials to identify you as a user of Mindy's Market Launch unless you explicitly opt-out in writing.
8. Disclaimers & Limitation of Liability
"As-Is" Service: Mindy's Market Launch provides tools for ad optimization, but Market Minds Creative does not guarantee specific marketing results, click-through rates, or conversion volumes.
Platform Changes: We are not liable for campaign interruptions caused by third-party platform outages (Google, Meta) or changes to their respective advertising APIs.
Third-Party Credits: We do not currently support the use of "Ad Credits" from Google or Facebook within the Mindy's Market Launch interface. Attempting to force-apply these may result in campaign suspension by the platform.
9. Data Protection (GDPR/PIPEDA)
MarketMinds Creative is committed to protecting the privacy of your campaign data.
DPO: Our Data Protection Officer ensures all processing is carried out in accordance with GDPR and local Sylvania, OH regulations.
Inquiries: For data access requests or privacy concerns, please contact our team at: [email protected].
10. Governing Law & Dispute Resolution
These terms are governed by the laws of the State of Ohio. You and MarketMinds Creative agree to waive any right to a jury trial or to participate in a class-action lawsuit. All disputes arising from the use of Mindy's Market Launch shall be resolved through binding arbitration in the jurisdiction of Sylvania, OH.
11. User Content and Conduct Standards
By transmitting or submitting any User Content (including ad copy, images, video, and campaign data) while using Mindy's Market Launch, you agree to the following:
Responsibility: We may provide open communication and collaboration tools within the App. We do not pre-screen or monitor all content. It is your personal responsibility to use these tools in a responsible and ethical manner.
Prohibited Content: You agree that you will not upload, post, share, or distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or contains inappropriate or explicit language.
Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
Contains unauthorized or unsolicited advertising (outside of the intended ad campaigns created via the Service).
Impersonates any person or entity, including any Market Minds Creative employees or representatives.
Ownership & License: You retain ownership rights in your User Content. However, by uploading content, you grant Mindy's Market Launch and MarketMinds Creative a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and perform that content specifically to provide and optimize the Service.
Third-Party Rights: You will not submit content subject to third-party proprietary rights unless you are the owner or have explicit permission from the rightful owner.
Removal Rights: We reserve the right at our sole discretion to remove any content that, in our judgment, does not comply with this Agreement or is otherwise harmful or inaccurate. If we choose to remove content, you consent to such removal and waive any claim against us.
Negative Reviews: Any concern arising from the use of the system must be addressed directly with the Market Minds Creative team. Users agree not to post negative reviews on social networks or the internet until a good-faith effort has been made to resolve the matter through direct contact or mediation.
Marketing Usage: We may use your company logo, name, and public campaign images for marketing purposes across our social media channels and website. If you object to this usage, please reach out to us for prompt removal.
Contact Us
For any questions regarding these specific content and license terms, please contact:
Market Minds Creative Agency 6641 West Sylvania Ave, Suite 5, Sylvania, OH