Terms of Service

By using the Service, you represent and warrant that:

• You are at least 18 years of age and of legal age to form a binding contract in your jurisdiction
• You have the legal authority to enter into these Terms, including on behalf of any entity you represent
• Your use of the Service will not violate any applicable law, regulation, or third-party agreement
• All information you provide is accurate, current, and complete

We may refuse service, terminate accounts, or cancel subscriptions at our sole discretion, at any time, for any reason.

xek.ai is an AI-powered ad intelligence platform that analyzes publicly available advertising content and generates creative materials using third-party AI models. The Service is provided "AS IS" and "AS AVAILABLE" with all faults.

You expressly acknowledge and agree that:

• Use of the Service is entirely at your own risk
• We make no representations, warranties, or guarantees of any kind regarding accuracy, completeness, performance, uptime, reliability, availability, fitness, quality, or results
• Outputs produced by the Service, including but not limited to ad copy, images, video concepts, hooks, scripts, competitor insights, pattern analyses, Brand Profile extractions, and performance predictions, may be inaccurate, incomplete, outdated, biased, offensive, non-compliant, or otherwise unfit for any particular purpose
• AI-generated outputs may resemble, infringe upon, or duplicate existing works, trademarks, likenesses, or copyrighted material, and we cannot and do not screen for such similarity
• We disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and quiet enjoyment

You are solely and exclusively responsible for:

• Any URLs, product data, images, brand assets, prompts, competitor references, or other content you upload, submit, connect, or cause to be processed through the Service ("User Content")
• All outputs you generate, export, download, publish, distribute, or use in any advertising campaign or commercial context ("Outputs")
• Independently reviewing, editing, fact-checking, and legally vetting every Output before publication or commercial use
• Ensuring you hold all necessary rights, licenses, permissions, and consents to use any User Content and Outputs
• Compliance with all applicable laws, regulations, advertising standards, platform policies (including but not limited to Meta, Facebook, Instagram, TikTok, Google, LinkedIn, Shopify), intellectual property rights, publicity rights, privacy laws, consumer protection laws, and competition laws

You acknowledge that the Service is a tool and that all creative, legal, strategic, and commercial decisions remain entirely yours.

You agree not to use the Service to:

• Infringe, misappropriate, or violate any copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right of any person or entity
• Reproduce, clone, closely imitate, or substantially copy the branding, creative, trade dress, logos, slogans, distinctive visual style, or protected expression of any competitor, brand, individual, or third party without proper authorization
• Generate, distribute, or publish content that is defamatory, deceptive, misleading, fraudulent, discriminatory, harassing, obscene, hateful, or otherwise unlawful
• Pass off AI-generated content as content created by, endorsed by, or associated with any real person, brand, or entity without authorization
• Create false testimonials, fabricated endorsements, fake reviews, or deceptive advertising
• Violate any platform's advertising policies, community guidelines, or terms of service
• Circumvent, disable, or interfere with security features, rate limits, or access controls
• Reverse-engineer, decompile, scrape, or extract the underlying models, source code, or proprietary data of the Service
• Resell, sublicense, white-label, or otherwise commercially redistribute the Service without our prior written consent
• Use the Service to train, fine-tune, or build competing AI models or services
• Engage in any activity that could damage, disable, overburden, or impair the Service

We reserve the right, but have no obligation, to monitor, investigate, and take action against any suspected misuse, including immediate termination without refund.

You acknowledge and agree that:

• The Service, including all underlying software, models, interfaces, designs, trademarks, and content created by xek.ai, is owned by xek.ai or its licensors and is protected by intellectual property laws
• AI-generated Outputs may not be eligible for copyright protection in all jurisdictions and may not be exclusive to you. Similar or identical outputs may be produced for other users
• xek.ai makes no warranty that any Output is free from third-party claims of infringement; you bear full responsibility for legal clearance before commercial use
• To the extent any rights in an Output vest in xek.ai, we grant you a non-exclusive, worldwide license to use that Output for your lawful commercial purposes, conditional on your compliance with these Terms
• You grant xek.ai a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display User Content and Outputs solely to provide, improve, and secure the Service

Paid plans are billed in advance on a recurring basis (monthly or quarterly, depending on the plan selected). Subscriptions renew automatically until cancelled. You may cancel at any time from your dashboard; cancellation takes effect at the end of the then-current billing period.

Money-back guarantee. We offer a limited refund on your first paid subscription under the following conditions, which must both be satisfied:

• You request a refund in writing to info@xek.ai within fourteen (14) calendar days of your initial payment
• You have generated fewer than thirty (30) creatives in total on your account at the time of the request

If both conditions are met, we will refund your initial payment in full. If either condition is not satisfied, no refund will be issued and all payments are final and non-refundable. The money-back guarantee applies only once per user, per household, and per payment method, and does not apply to renewals, quarterly renewals, upgrades, or any subsequent billing cycles after the initial payment.

We reserve the right to deny refunds in cases of suspected abuse, fraud, chargebacks, violation of these Terms, or prior use of the guarantee.

Prices, features, and plan limits may change at any time. Taxes may be added at checkout based on your location.

To the maximum extent permitted by applicable law, in no event shall xek.ai, its founders, owners, officers, directors, employees, contractors, agents, licensors, suppliers, partners, or affiliates be liable for any:

• Direct, indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages of any kind
• Loss of profits, revenue, sales, customers, goodwill, data, use, or business opportunities
• Damages arising from ad campaign performance, ad account suspensions, platform bans, rejected ads, disapproved creatives, or advertising spend
• Damages arising from claims of copyright, trademark, or other intellectual property infringement based on Outputs you publish or use
• Damages arising from your reliance on, or commercial use of, any Output, insight, recommendation, competitor analysis, or prediction produced by the Service
• Damages arising from service interruptions, outages, errors, bugs, delays, security breaches, data loss, unauthorized access, or the acts or omissions of third-party service providers
• Damages arising from user misuse, illegal use, or use in violation of these Terms

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

If, notwithstanding the foregoing, xek.ai is found liable to you for any reason, our total aggregate liability arising from or related to these Terms or the Service shall not exceed the greater of: (a) the amounts actually paid by you to xek.ai in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

You agree to defend, indemnify, and hold harmless xek.ai and its founders, owners, officers, directors, employees, contractors, agents, licensors, suppliers, partners, and affiliates from and against any and all claims, actions, demands, proceedings, damages, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of the Service
• Your User Content or Outputs
• Your publication, distribution, or commercial use of any Output
• Your violation of these Terms or any representation or warranty herein
• Your violation of any applicable law, regulation, platform policy, or third-party right, including intellectual property, publicity, privacy, advertising, or contractual rights
• Any claim that Outputs you used infringe upon, misappropriate, or otherwise violate the rights of any third party
• Any dispute between you and any third party, including competitors, advertising platforms, customers, or regulatory authorities

xek.ai reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with xek.ai in asserting any available defenses.

The Service integrates with and relies upon third-party platforms, APIs, services, and data sources, including but not limited to OpenAI, image generation models, ad libraries (Meta Ad Library, TikTok Creative Center), e-commerce platforms (Shopify, Wix, Webflow, WordPress), and advertising networks.

xek.ai does not control, endorse, or assume responsibility for any third-party service, and we are not liable for:

• The accuracy, legality, availability, or completeness of third-party data
• Service outages, API changes, deprecations, rate limits, or discontinued access
• Fees, terms, or policies of any third-party service
• Any damages arising from your use of or reliance on third-party services

Your use of third-party services is governed by their respective terms and policies, which you are responsible for reviewing and complying with.

xek.ai respects the intellectual property rights of others. If you believe content on or generated through the Service infringes your copyright, please send a notice to info@xek.ai containing:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information
• A statement of good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf
• Your physical or electronic signature

We will respond to valid notices in accordance with applicable law.

We reserve the right, in our sole discretion and without notice or liability, to:

• Suspend, restrict, or terminate your account or access to the Service at any time, for any reason or no reason
• Remove, modify, or refuse to display any User Content or Output
• Investigate suspected violations and cooperate with law enforcement
• Deny refunds in cases of termination for cause (including violation of these Terms)

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination (including Limitation of Liability, Indemnification, Intellectual Property, and Governing Law) shall survive.

We may modify, suspend, or discontinue the Service (or any portion or feature thereof) at any time, with or without notice, and without liability to you.

We may update these Terms at any time. Material changes will be indicated by updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

You agree that any dispute, claim, or controversy shall be resolved exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction and venue of such courts. You waive any objection based on inconvenient forum.

You agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and xek.ai regarding the Service and supersede all prior agreements.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision shall not be deemed a waiver of that right or provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely.

For questions about these Terms, refund requests, DMCA notices, or any other legal matter: