These Terms of Service (the "Terms") are a binding agreement between ResiMax Equity Partners, LLC, a Texas limited liability company operating the Creative Intelligence Tool ("we," "us," or the "Company"), and the customer accessing or using the Creative Intelligence Tool platform, website, and related services (together, the "Service"). By creating an account, starting a trial, or using the Service in any way, you agree to these Terms. If you are using the Service on behalf of an agency or other organization, you represent that you have authority to bind that organization, and "you" means that organization.
You must be at least 18 years old and using the Service for business purposes. The Service is not offered to consumers.
The Service is a creative intelligence platform for paid social advertising. It connects to advertising accounts you authorize (currently Meta), synchronizes campaign, ad, creative, and performance data, analyzes creative content, generates strategic reports and creative briefs, and provides related discovery and diagnostic tools.
Beta notice. The Service is currently offered in a founding/beta phase. Features may be added, changed, or removed as the product evolves. We will not materially reduce the core functionality of your paid plan during a paid term without notice.
You are responsible for maintaining the confidentiality of your login credentials and for all activity in your workspace, including activity by team members you invite. Seat, account, and usage limits depend on your plan. You agree to provide accurate account information and to keep it current.
You retain all rights in the data and content you provide to the Service, including synced ad data, uploaded creative files, and anything else you submit ("Customer Content"). You grant us a non-exclusive, worldwide license to host, process, transmit, analyze, and display Customer Content solely to provide, secure, and support the Service, including processing creative content through the AI systems described in Section 7.
No sensitive personal information. The Service is not designed for sensitive data. You will not upload, sync, or submit content containing government identifiers, health information, financial account numbers, biometric data, or other special-category or similarly sensitive personal information.
We may generate and use aggregated, anonymized data derived from use of the Service (for example, cross-customer creative and performance benchmarks) to operate and improve the Service, provided such data does not identify you, your clients, or your accounts and is aggregated across a minimum number of customers.
We and our licensors own the Service and everything in it other than Customer Content, including the software, analytical frameworks, taxonomies, models, designs, and documentation. No rights are granted except as expressly stated in these Terms. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation.
You will not, and will not permit anyone else to:
We may suspend access to protect the Service, its users, or third parties, or where required by law, and where practical we will notify you.
Each party will protect the other's non-public information with at least reasonable care and use it only as needed to perform under these Terms. This does not restrict disclosures required by law, provided notice is given where lawful.
THE SERVICE, INCLUDING ALL OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA FROM THIRD-PARTY PLATFORMS WILL BE ACCURATE OR AVAILABLE, OR THAT OUTPUT WILL PRODUCE ANY PARTICULAR RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 IF YOU HAVE PAID NO FEES). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR BREACH OF SECTION 9, OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS.
You will defend and indemnify us against third-party claims arising from: (a) Customer Content; (b) your connection of ad accounts without sufficient authority, including claims by your clients; (c) your use of Output in your advertising; or (d) your breach of these Terms or applicable law. We will defend and indemnify you against third-party claims that the Service (excluding Customer Content, Output as applied by you, and third-party platforms) infringes U.S. intellectual property rights, and this is your exclusive remedy for infringement.
We may assign these Terms, and transfer the operation of the Service together with the associated rights and obligations, to an affiliate, successor, or acquirer without your consent in connection with a corporate reorganization, the formation of an affiliate, a financing, a merger or acquisition, or a sale or transfer of the Service, the business, or all or substantially all of the assets relating to the Service. These Terms bind and benefit the parties' permitted successors and assigns. We will provide notice of any material change to the entity providing the Service. You may not assign these Terms without our prior written consent, except to a successor of your business by merger or acquisition that agrees in writing to be bound by them.
We may update these Terms from time to time. For material changes we will provide notice, such as by email or an in-product notice requiring acknowledgment, before the changes take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to updated Terms, cancel your subscription before they take effect.
These Terms, together with the Privacy Policy and any order or checkout terms, are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control (other than payment obligations). Notices to us must be sent to support@creativeintelligencetool.com; notices to you may be sent to your account email.
ResiMax Equity Partners, LLC
Email: support@creativeintelligencetool.com
