Last modified: October 8, 2026
"Account" means your user account for the Services.
"Content" means any text, audio, images, videos, interactive assets, prompts, inputs, outputs, creatives, or other materials.
"User Content" means Content you upload, submit, transmit, or otherwise make available through the Services.
"Output" means Content generated, modified, enhanced, or produced by the Services (including AI-generated results), based on your prompts or inputs.
"Credits" means usage units required to use certain export or processing features of the Services, including Plan Credits, Bonus Credits, and Credit Pack Credits (each defined below).
"Subscription Plan" means a recurring paid plan that includes access, seats, features, and monthly Plan Credits as described at purchase, in an order form, or on our pricing page/in-app billing screen.
The Services provide software tools that help users create marketing content and advertisements, including playable, interactive, and dynamic ad creatives. The Services may allow you to input or provide materials such as website URLs, keywords, and reference ads (including competitor ads) for analysis and creative generation.
Important Notice about AI:
AI-generated Output may contain errors, inaccuracies, biased results, incomplete information, or content that may be unsuitable for your intended use. You are solely responsible for reviewing, verifying, and approving all Output (including claims, disclosures, and compliance requirements) before publishing, distributing, or using it.
You are responsible for ensuring that you have the necessary rights to provide any URLs, reference materials, or third-party content you submit to the Services.
You must be at least 18 years old to use the Services. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
To access certain features, you must create an Account. You agree to provide accurate, current, and complete information and to promptly update it.
You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account. You must notify us promptly of any unauthorized access or security breach. We are not liable for losses caused by your failure to secure your Account.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes and lawful advertising/marketing creative production.
You agree not to (and not to allow others to):
We may monitor usage for security, fraud prevention, abuse detection, compliance, and operational purposes.
You retain ownership of your User Content, subject to the licenses you grant under these Terms.
You retain ownership of your User Content. By using the Services, you grant Fogza Inc. a non-exclusive, worldwide, royalty-free license to use your User Content as reasonably needed to provide, operate, secure, support, improve, and promote the Services.
“User Content” includes materials you upload, submit, connect, or generate through the Services, including prompts, inputs, reference materials, website URLs, generated outputs, creative assets, campaign data, ad account data, performance data, analytics, and related metadata. Fogza Inc. may use User Content, outputs, campaign data, performance data, usage data, and related metadata to improve the Services, including our products, features, systems, workflows, and AI-related functionality.
Fogza Inc. may also use creatives, screenshots, thumbnails, customer names, logos, campaign results, and related materials for demos, case studies, marketing, sales, investor relations, presentations, and other promotional purposes. You may ask us to stop using your identifiable name, logo, or content in public-facing promotional materials by contacting [email protected]. This does not affect uses already made before we have a reasonable opportunity to process the request.
Fogza Inc. may use aggregated, anonymized, or de-identified data for any lawful business purpose, including analytics, benchmarking, product improvement, marketing, reporting, and industry insights. Fogza Inc. may use third-party providers, including infrastructure, analytics, payment, and AI service providers, to process User Content and related data on our behalf. If a separate written agreement, order form, enterprise agreement, or data processing addendum gives you different data-use rights or restrictions, that separate agreement will control.
You are solely responsible for your User Content and represent and warrant that:
You may not upload or create User Content that:
We may (but have no obligation to) monitor, review, remove, disable access to, or modify Content, and suspend or terminate Accounts, at any time and for any reason, including suspected violations of these Terms. We may cooperate with law enforcement and preserve records as required by law.
You acknowledge and agree:
We do not guarantee that Output is non-infringing. You are responsible for verifying and clearing rights (including trademarks, copyrights, music, likeness rights, and advertising claims) prior to use.
Output quality and behavior may change as models, prompts, filters, policies, or systems are updated. We have no obligation to provide backward compatibility or identical results.
Access to certain features of the Services may require a paid Subscription Plan. We offer subscription plans such as Intern, Part Time, Full Time, CMO, Enterprise, and other plans we may make available from time to time, with monthly, annual, or other billing options as disclosed at purchase.
Subscription Plans automatically renew at the applicable billing cadence until canceled. For monthly plans, you will be charged when you subscribe and then automatically charged each month unless you cancel before the next renewal date. If annual plans are offered, annual plans renew annually unless canceled before the next renewal date.
Before you complete a paid subscription purchase, you can see the plan name, price, billing cadence, automatic renewal terms, included Plan Credits, credit expiration rules, cancellation method, and any material plan limitations. By completing the purchase, you authorize Fogza Inc. and its payment processor to charge your payment method for the subscription fees, applicable taxes, and any other charges you authorize.
You may cancel your Subscription Plan at any time. Cancellation will stop future renewals but will not automatically refund fees already paid for the current billing period. Unless you request and receive a refund under Section 8.6, you may continue to use the Services through the end of the then-current paid billing period, after which your Account will automatically be downgraded to the Free Plan or other then-available free access tier, unless your Account is suspended or terminated under these Terms. Any refund request will be handled under Section 8.6, except where otherwise required by applicable law.
Monthly Plan Credits are issued for each billing cycle only after the applicable subscription payment is successfully completed, and expire at the end of that billing cycle. If payment is delayed due to a failed, retried, or updated payment method, the billing cycle and renewal date will not change, and the applicable Monthly Plan Credits will be available for the remaining portion of that billing cycle only, meaning their usable period may be reduced by the length of the payment delay. Unused Monthly Plan Credits do not roll over, have no cash value, and are forfeited when the applicable billing cycle ends. If your Subscription Plan is canceled without a refund, you may continue to use any remaining Monthly Plan Credits until the end of the then-current paid billing period. If your Subscription Plan is refunded under Section 8.6, any remaining Monthly Plan Credits associated with the refunded Subscription Plan are immediately forfeited.
If you upgrade your Subscription Plan, the upgrade takes effect immediately. Your billing cycle will reset on the upgrade date, your payment method will be charged the new plan price immediately, and the Plan Credits for the upgraded plan will be issued immediately. Unless otherwise stated at checkout, unused Plan Credits from the prior plan do not roll over after an upgrade. If you downgrade your Subscription Plan, the downgrade will take effect at the start of the next billing cycle, and you will continue to have access to your current plan until the end of the current paid billing period. However, if you request and receive a refund under Section 8.6, Fogza Inc. may downgrade your Account immediately to the Free Plan or other then-available free access tier as part of the refund process. Fogza Inc. may show additional plan-change details at checkout, including any credit adjustments, effective dates, taxes, or other applicable charges.
Certain features of the Services may be subject to usage limits. Depending on your Subscription Plan, usage may be (a) unlimited, (b) metered through Credits, or (c) subject to other limits disclosed at purchase or in-product.
Where Credits apply, credit costs may vary by export type, duration, resolution, model tier, processing mode, and feature set, and will be shown to you in-product before you confirm an action when reasonably practicable. We may update credit costs, add new credit-cost features, or change which actions require Credits at any time as described in Section 8.7.
Credits may include:
Credits have no cash value, are non-transferable, and may not be resold, exchanged, assigned, or redeemed for cash except where required by applicable law. Fogza Inc. may require that Credits be used only through the Account for which they were issued or purchased.
Credits are generally consumed in an order designed to use sooner-expiring or promotional credits first, unless otherwise stated in-product. Unless Fogza Inc. specifies a different order, Plan Credits are generally consumed first, followed by Bonus Credits, and then Credit Pack Credits. We may implement reservations/pre-authorizations for asynchronous processing (e.g., video exports):
We determine, in our sole discretion, whether a failure qualifies as a system error eligible for credit release.
You authorize us (and our payment processors) to charge your payment method for recurring subscription fees, credit pack purchases, applicable taxes, and other fees you incur. Subscription plans may auto-renew unless canceled before renewal.
All fees are exclusive of taxes, and you are responsible for all applicable taxes, duties, and governmental charges.
Except where required by applicable law, refunds are not automatic and must be requested by contacting Fogza Inc. through the support channel or other refund process we make available.
Except where required by applicable law, any refund or adjustment request for a Subscription Plan must be submitted within thirty (30) days of the applicable charge and must relate to the billing period current at the time the request is submitted. Charges for prior billing periods are not eligible for a refund or adjustment. Submission of a request within this timeframe does not guarantee approval. Approval remains subject to Fogza Inc.’s reasonable discretion and the other provisions of this Section 8.6.
The thirty-day request deadline and current-billing-period restriction introduced in the September 28, 2026 version of these Terms apply only to charges made on or after that version was published. Requests relating to earlier charges will be assessed under the Terms applicable to those charges.
If Fogza Inc. approves a refund request for a Subscription Plan, the refund amount may be reduced on a proportional basis to account for any Services, Subscription Plan time, Plan Credits, exports, generations, processing, or other usage already consumed before the refund request or refund approval. For example, if you used a portion of the Plan Credits or Services included in your Subscription Plan, Fogza Inc. may reduce the refund amount to reflect the value of the used portion.
Upon approval of a refund for a Subscription Plan, your paid Subscription Plan may be terminated immediately, your Account may be downgraded immediately to the Free Plan or other then-available free access tier, and any remaining Plan Credits associated with the refunded Subscription Plan will be forfeited.
Refunds may exclude or be reduced by any non-refundable third-party costs, payment processing fees, platform fees, taxes, chargeback fees, foreign exchange costs, or other transaction-related costs incurred by Fogza Inc. in connection with the original payment or refund.
Credit Pack purchases are non-refundable except where required by applicable law or expressly approved by Fogza Inc.. If Fogza Inc. expressly approves a refund for a Credit Pack purchase as an exception, Fogza Inc. may reduce the refund amount to account for any Credit Pack Credits already consumed and any non-refundable third-party costs, payment processing fees, platform fees, taxes, chargeback fees, foreign exchange costs, or other transaction-related costs incurred by Fogza Inc. in connection with the original payment or refund.
Successfully completed exports, consumed Credits, used Subscription Plan time, and other completed or consumed Services are generally not refundable except where required by applicable law or expressly approved by Fogza Inc..
Fogza Inc. may, in its discretion, provide refunds, partial refunds, credits, bonus credits, or plan adjustments in limited circumstances. Any such accommodation does not create an obligation to provide the same or similar refunds or adjustments in the future.
Fogza Inc. may modify, update, or discontinue any aspect of pricing, Subscription Plans, seat limits, credit allocations, credit costs, feature availability, export policies, or credit program rules at any time. Where reasonably practicable, we will provide notice of material changes (for example, by posting within the Services or via email).
Changes generally apply prospectively. However, to the maximum extent permitted by law, certain changes may affect existing credits (including Credit Pack Credits). If we make a change that materially impacts existing credits, we will provide reasonable notice and, where practicable, a reasonable opportunity to use affected credits before the change takes effect.
Continued use of the Services after changes take effect constitutes acceptance.
We may suspend or terminate access immediately if payment fails, is reversed, is charged back, or if we detect fraud, abuse, or attempts to bypass credits.
We collect and use information as described below to operate the Services.
We use information to provide and improve Services, process payments, generate Output, provide support, secure and monitor the platform, prevent fraud, comply with law, and conduct analytics.
We do not sell personal information. We may share data with:
The Services may operate from the United States and other regions. By using the Services, you consent to international processing and transfers.
By connecting an advertising account to the Services, you authorize Fogza Inc. to access, retrieve, and synchronize current and historical data from that account within the permissions you grant, including data created before the account was connected, to provide and improve the Services, including reporting, analysis, recommendations, and campaign optimization.
Synchronization may occur upon initial connection or subsequently while the accounts remain connected, including through automatic background updates and retrieval of previously unsynchronized historical data, within the permissions you grant and subject to applicable platform requirements. We will respect any collection limits you expressly select or that we agree with you.
You may stop further collection by disconnecting the account from the Services or revoking our access through the relevant platform. Retention and deletion of previously collected data are governed by our Privacy Policy and applicable platform requirements. Collection and use remain subject to applicable law, platform policies, and any separate written agreement with you.
The Services may integrate with or link to third-party services (e.g., payment processors, analytics, platforms). We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms. Some features may use third-party AI model providers or infrastructure providers to process prompts, inputs, User Content, Output, campaign data, or related data. These providers process data on Fogza Inc.’s behalf to provide the applicable Services. Fogza Inc. does not authorize third-party AI model providers to use Customer Data for their own independent marketing purposes. Where required by applicable law or contract, Fogza Inc. will provide additional information about subprocessors or data processing practices.
We own all rights, title, and interest in and to the Services, including software, models, algorithms, interfaces, designs, and trademarks. These Terms do not transfer ownership to you.
If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use, incorporate, and exploit that feedback without compensation.
To the fullest extent permitted by law, the Services and Output are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted, error-free, or secure operation, or that Output will be accurate, compliant, or suitable.
You agree to indemnify, defend, and hold harmless Fogza Inc. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
We may assume control of the defense of any matter subject to indemnification, and you agree to cooperate.
To the fullest extent permitted by law, Fogza Inc. will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, data, or goodwill, arising from or related to the Services or Output.
Fogza Inc. shall have no liability for any advertising spend, media buying costs, or budget allocations, whether incurred directly or through Autopilot Services.
To the fullest extent permitted by law, Fogza Inc.'s total liability for all claims in any 12-month period is limited to the amounts you paid to Fogza Inc. for the Services in the 12 months preceding the event giving rise to the claim.
We may suspend or terminate your access to the Services at any time to protect the Services, other users, or Fogza Inc., including for suspected violations of these Terms, security risks, fraud, abuse, or non-payment.
Upon termination or expiration:
These Terms are governed by Delaware law, excluding conflict-of-law principles.
Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution. We will attempt to resolve within 60 days.
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Delaware (or your location for consumers where required). Disputes must be brought on an individual basis only; you waive class actions and class arbitrations to the fullest extent permitted by law.
Autopilot is designed to assist Customers in executing and optimizing campaigns efficiently, while maintaining Customer control and oversight over key decisions. The "Autopilot Services" are optional features that allow Fogza Inc. to:
All campaign launches, budget commitments, and material changes are subject to Customer review and approval unless otherwise configured by Customer. You explicitly authorize Fogza Inc. to:
You acknowledge that:
Fogza Inc. is NOT:
We do not guarantee:
Fogza Inc. does not act as an advertising agent, broker, legal/compliance representative, or media buyer of record.
You are solely responsible for:
Fogza Inc.:
You acknowledge that:
You accept these risks as inherent to the service.
Autopilot relies on third-party platforms.
Fogza Inc. is not responsible for:
You are responsible for:
Fogza Inc. is not liable for:
You may:
However:
You agree to indemnify Fogza Inc. against:
We may update these Terms at any time. Changes become effective when posted (or as otherwise stated). Your continued use of the Services after the effective date constitutes acceptance.
Questions about these Terms or the Services: [email protected]