Terms of Service
These terms are an agreement between you and Societatea cu Răspundere Limitată “NICKTIM SOLUTIONS” (IDNO 1024600084676) (“adup”, “we”) covering your use of adup.com. By creating an account you accept them.
1. What the service does
adup generates advertising creatives from your brand and product information, lets you edit them, and — where you have connected an advertising account — publishes them and reports back on how they performed. We act on your instructions and on your behalf.
2. Your account
You must be at least 18 and able to enter a contract. You are responsible for what happens under your account and for keeping your sign-in credentials secure. One person or organisation per account; tell us promptly if you believe your account has been compromised.
You use adup in the course of a trade, business or profession, and not as a consumer.
3. Credits, plans and payment
adup is metered in credits. Generating creatives, publishing ads and exporting images each consume credits at the rates published in your account. Plans include a monthly credit allowance.
- Holds and actual charges. When you start a billable action we place a hold for its estimated cost and settle it to the actual cost once the work finishes. If the action fails, the hold is released and you are not charged.
- Rollover. Unused monthly credits roll over and remain usable, including after you cancel a subscription.
- Over-limit usage is available on a pay-as-you-go basis at the rate shown in your account.
- Refunds. Fees are non-refundable except where the law requires otherwise or where we have charged you in error.
Credits have no cash value, cannot be transferred or sold, and are not a stored-value instrument.
4. Advertising spend is yours
Important. Ads published through adup run in your advertising accounts and are billed to you by Meta or Google — not by us. Your credits pay for adup, never for media. You set the budgets, and you are responsible for the spend those budgets produce.
5. Your content, and what you promise about it
You keep ownership of your brand assets, product information and the creatives you generate. You grant us the licence needed to host, process and publish them for you, and to pass them to the AI providers listed in our Privacy Policy in order to produce your creatives.
You confirm that:
- you have the rights to the brand assets, product images and website content you give us, or that you crawl through us;
- you are authorised to advertise on behalf of the accounts you connect;
- your ads comply with the advertising policies of every platform you publish to, and with applicable law.
6. AI-generated output
Creatives are produced by AI models. They can be wrong, can resemble output generated for someone else, and are not reviewed by us before publication. You are responsible for reviewing every creative before it runs. We make no promise that generated output is unique, accurate, or clear of third-party rights.
7. Acceptable use
You agree not to use adup to:
- advertise anything unlawful, or anything prohibited by the platform you publish to;
- impersonate a person or organisation, or misrepresent who is behind an ad;
- infringe someone else's intellectual property;
- crawl or upload material you have no right to;
- circumvent credit metering, rate limits or access controls, or attempt to reach another customer's data.
We may suspend an account that breaches this section.
8. Third-party platforms
Meta and Google impose their own terms, policies and review processes. We cannot guarantee that an ad will be approved, that a platform will remain available, or that its API will keep behaving as it does today. Where a platform rejects, pauses or removes an ad, that decision is theirs.
9. Availability
We aim to keep adup available and working, but we do not promise uninterrupted service. We may change or discontinue features, and will give reasonable notice of a material change that affects you.
10. Ending the agreement
You can cancel or delete your account at any time — see Deleting your data. Deleting your account is irreversible: your creatives and brand data are destroyed and cannot be recovered. Deleting your adup account does not pause or delete ads already running in your advertising accounts; you must stop those in the platform itself.
We may suspend or end your access for a material breach of these terms, or where required by law.
11. Warranties and liability
adup is provided “as is” and “as available”. Beyond what these terms expressly state, we make no warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that generated creatives will achieve any particular advertising result.
We are not liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost advertising spend, lost data, or loss of goodwill, however caused.
Our total liability to you for all claims arising out of or in connection with these terms is limited to the greater of the fees you paid us for the service in the twelve months before the event giving rise to the claim, or US$100.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
12. Changes to these terms
We may update these terms. We will revise the date above and, for material changes, tell you before they take effect. Continuing to use adup after that means you accept them.
13. Governing law and disputes
These terms are governed by the law of the Republic of Moldova, without regard to its conflict-of-laws rules, and the courts of Chișinău have exclusive jurisdiction over any dispute arising out of or in connection with them.
14. Contact
General and billing questions: support@tryadup.com. Formal or legal notices: legal@tryadup.com.