1. About these terms
These Terms and Conditions ("Terms") govern your access to tofuads.com (the "Site") and Tofu Ads Agent (the "Service"), which are provided by Tofu Technologies, Inc. ("Company," "we," "us," or "our"). By accessing the Site, creating an account, or using the Service, you agree to these Terms.
If you purchase a subscription under an order form or master services agreement with us, that agreement also applies. If it conflicts with these Terms, the order form controls first, followed by the master services agreement.
2. Accounts
You must provide accurate and current information when you create an account. You are responsible for keeping your login information confidential and for all activity under your account. You must notify us promptly at [email protected] if you suspect unauthorized access or another security issue.
3. Subscriptions and payment
Paid subscriptions are billed monthly in advance at the price shown at checkout or in your order form. Your subscription renews automatically each month until you cancel it. You authorize us and our payment processor to charge your payment method on each renewal date.
You may cancel at any time in the Service. Cancellation takes effect at the end of your current paid billing period. Except where required by law or stated in your order form, fees are non-refundable, including for partial months.
We may change subscription fees for a future billing period by giving you at least 30 days' notice. Subscription fees do not include the amounts charged by advertising platforms for your campaigns. You pay that media spend directly to the applicable advertising platform.
4. License and restrictions
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Service for your internal business purposes.
You may not:
- sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Service;
- modify, reverse engineer, decompile, or attempt to derive the source code or models of the Service;
- use the Service to build a competing product or service;
- remove any copyright or proprietary notice; or
- interfere with the Service or bypass any access or usage restriction.
5. Customer content
"Customer Content" means information and content that you submit to or use with the Service, and output that the Service generates for you. It includes brand assets, ad copy, images, audience information, campaign plans, and data from systems you connect. As between you and us, you own your Customer Content, and we assign to you any rights we have in output generated for you.
You grant us a non-exclusive, royalty-free, worldwide license to collect, store, use, transmit, and modify Customer Content as needed to provide, maintain, and improve the Service. You represent that you have all rights and permissions needed to provide Customer Content and grant this license.
You are responsible for the accuracy, legality, and appropriateness of Customer Content. You should keep your own backup copies. We are not required to store Customer Content after your account ends.
6. Advertising and third-party services
You are responsible for reviewing and approving campaign actions, ad copy, creative, targeting, bids, and budgets before use. You are also responsible for your advertising, your compliance with applicable laws and advertising platform policies, and all media spend in your ad accounts.
Advertising platforms and other connected services are operated by third parties. They may reject ads, limit delivery, change their services, or restrict accounts. We are not responsible for those actions. We do not guarantee impressions, clicks, leads, pipeline, revenue, return on ad spend, or any other advertising result.
7. Acceptable use
You may not use the Site or Service to collect, upload, create, transmit, display, or distribute content that:
- violates any law or third-party right, including intellectual property, privacy, publicity, or data protection rights;
- is unlawful, harassing, abusive, threatening, defamatory, obscene, intentionally misleading, or harmful to minors;
- contains malicious code or is intended to damage a computer system or data;
- sends spam or other unauthorized messages;
- uses personal data without a lawful basis and any required notices or consents; or
- discriminates unlawfully or violates an advertising platform's rules for sensitive categories.
You may not attempt to gain unauthorized access to the Site, Service, or connected systems, or use automated means to create accounts, scrape the Service, or place an unreasonable burden on our systems.
We may review, refuse, or remove Customer Content and may suspend or terminate accounts that violate these Terms or create risk for us, our users, or others.
8. Ownership and feedback
We and our suppliers own the Site, the Service, and all related software, models, templates, content, trademarks, and other intellectual property, excluding Customer Content. These Terms do not transfer ownership to you.
If you give us feedback or suggestions about the Site or Service, you allow us to use them without restriction or compensation to you.
9. Service changes and termination
We may modify, suspend, or discontinue all or part of the Site or Service. We may suspend or terminate your access if you violate these Terms, fail to pay fees when due, or create a security, legal, or operational risk.
You may stop using the Service at any time. Ending your account does not cancel or refund charges that became due before termination. Sections that by their nature should continue after termination will survive, including ownership, disclaimers, liability limits, indemnification, and general terms.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, OR FREE OF HARMFUL CODE, OR THAT OUTPUT WILL BE ACCURATE, UNIQUE, OR APPROVED BY AN ADVERTISING PLATFORM.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE OR PIPELINE, LOST DATA, MEDIA SPEND, COSTS OF SUBSTITUTE SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR $50 IF YOU PAID NO FEES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless the Company and its officers, employees, and agents from third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Site or Service, your Customer Content, your advertising or campaign actions, or your violation of these Terms or applicable law.
13. General terms
We may update these Terms by posting a revised version on this page. If an update materially affects your rights or obligations, we will give at least 30 days' notice before it takes effect, unless law requires a shorter period. Other updates take effect when posted. If you do not agree to an update, you may stop using the Service and cancel your subscription.
These Terms and any applicable order form or master services agreement are the entire agreement between you and us about their subject matter. If any provision is unenforceable, it will be modified only as much as needed, and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver.
You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. The parties are independent contractors.
The Site and Service may be subject to United States export control laws. You may not use or export them in violation of those laws.
Electronic communications between you and us satisfy any legal requirement that those communications be in writing, subject to your non-waivable rights.
Contact us
Tofu Technologies, Inc. is located at 400 Concar Drive, San Mateo, CA 94402. If you have questions about these Terms, contact us at [email protected].