Terms of Service

Agreement and order of documents

These Terms govern access to frescoads.ai and the FrescoAds platform (the “Services”). If an organization signs an order form, enterprise agreement or other written agreement with FrescoAds, that agreement, these Terms, the Data Processing Addendum and any referenced product schedule form the complete agreement. The signed order form controls on commercial terms; the Data Processing Addendum controls for processing Customer Personal Data.

Business customers and authorized users

You must have authority to accept these Terms for the organization using the Services. The customer is responsible for its users, workspace configuration, access credentials and activity under its account. Users must provide accurate information, protect credentials and promptly report suspected unauthorized access.

The Services

FrescoAds provides tools for campaign planning, AI-assisted content generation, model orchestration, localization, review, approvals and related workflows. Features, providers, integrations and limits depend on the selected plan and deployment. Preview, beta or evaluation features may change or be discontinued and may not carry the same support commitments as generally available features.

Third-party AI models and connected applications

The Services may allow customers to use third-party AI models, data sources and connected applications. Their separate terms, restrictions, availability and data practices may apply. Customers are responsible for approving providers for their use case and complying with applicable provider terms. FrescoAds is not responsible for a third-party service outside its reasonable control.

Customer Content, inputs and outputs

The customer retains its rights in the files, prompts, brand materials, data and other content it submits (“Inputs”). As between FrescoAds and the customer, and to the extent permitted by applicable law and third-party provider terms, the customer may use outputs generated for its workspace (“Outputs”) for its business purposes.

The customer grants FrescoAds a limited right to host, copy, transform and transmit Customer Content only as needed to provide, secure and support the Services. The customer represents that it has the rights and permissions needed for its Inputs and intended use of Outputs.

AI output review and publishing

AI Outputs may be inaccurate, biased, similar to content produced for others, unsuitable for a market or subject to third-party rights. Customers must review Outputs for accuracy, legality, claims, disclosures, brand fit and rights before use. Unless a written agreement expressly enables an approved automation, customers may not configure the Services to publish Outputs publicly without meaningful human review and approval.

Acceptable use

Customers and users must not use the Services to break the law, violate rights, compromise security, mislead people or create material risk to others.

• Do not submit content you lack the right to use, or create Outputs that infringe intellectual property, privacy, publicity or confidentiality rights.
• Do not create deceptive impersonations, unlawful discrimination, harassment, exploitation, malware, credential theft or instructions for serious wrongdoing.
• Do not bypass safety, access, rate or usage controls; probe or reverse engineer the Services; extract models; or use the Services to build a substantially competing platform except where law expressly permits.
• Do not misrepresent AI-generated content, performance claims, endorsements or customer results.

FrescoAds technology and feedback

FrescoAds and its licensors retain all rights in the Services, software, workflows, documentation, design and technology, excluding Customer Content. Subject to payment and these Terms, the customer receives a limited, non-exclusive, non-transferable right for authorized users to use the Services during the subscription. Feedback may be used to improve the Services without restriction or payment, provided it does not identify the customer or disclose Customer Confidential Information.

Confidentiality and data protection

Each party will protect the other party’s non-public business, technical and commercial information using reasonable care and use it only for the agreement. Standard exclusions apply for information that is public, independently developed, rightfully received or required to be disclosed by law. The Privacy Policy describes controller activities; the Data Processing Addendum governs processing on a customer’s behalf where applicable.

Fees, taxes and renewal

Fees, usage limits, payment timing, taxes, renewal and cancellation are stated in the applicable order form or checkout. Except where the order form or law says otherwise, fees are non-cancellable and non-refundable for the committed term. Usage beyond included limits may be charged or paused according to the commercial schedule.

Suspension and service changes

FrescoAds may suspend access when reasonably necessary to address a security incident, legal requirement, material breach, overdue undisputed payment or risk to the Services or others. Where practical, we will give notice and limit suspension to the affected account or feature. We may update the Services, but will not materially reduce contracted core functionality during a paid term without an appropriate remedy stated in the enterprise agreement.

Warranties and disclaimers

Each party represents that it has authority to enter the agreement. Except for express commitments in a signed agreement, the Services, third-party models and Outputs are provided “as is” and “as available”. To the maximum extent permitted by law, FrescoAds disclaims implied warranties including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. No AI Output is legal, regulatory, medical or financial advice.

Limitation of liability

Liability caps and exclusions should be stated in the signed enterprise agreement or order form. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary or consequential damages, or lost profits, revenue, goodwill or data, arising from the Services. Nothing excludes liability that cannot legally be limited.

Indemnity

The customer will defend and indemnify FrescoAds against third-party claims arising from Customer Content, the customer’s unlawful use of Outputs, or a material breach of the Acceptable Use section. Any FrescoAds intellectual-property indemnity, exclusions and remedies must be set out in the applicable enterprise agreement.

Term, termination and effect

These Terms apply while the customer accesses the Services. Either party may terminate for an uncured material breach according to the notice period in the applicable order form. On termination, access ends and each party will return or delete Confidential Information and Customer Content as required by the agreement, subject to legal, security and backup exceptions. Provisions that by nature should survive will survive.

Governing terms, notices and updates

These Terms and any dispute relating to the Services are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law rules. The courts located in Brasília, Federal District, Brazil have exclusive jurisdiction, except where applicable law requires a different forum. FrescoAds may update these public Terms for future use. Material changes affecting an active paid subscription apply according to the signed agreement and applicable law. Questions and formal notices can be submitted through frescoads.ai/contact.