These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer") and JETIMPEX, INC., a company incorporated in the United States with its address at 525 NE 14 Avenue, Fort Lauderdale, FL 33301, USA ("AI Marketing Agent", "we", "us", "our"), the operator of flashperfection.com and the AI Marketing Agent applications (together, the "Service"). They incorporate by reference our Privacy Policy, Refund Policy, Cookie Policy, Permitted Use Policy, EULA, and Arbitration Agreement.
1. Acceptance of these Terms
By accessing or using the Service, creating an account, clicking "Get started", or otherwise indicating your acceptance, you confirm that you have read, understood, and agree to be bound by these Terms and the policies they incorporate. If you are entering into these Terms on behalf of a company or other organisation, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Service.
2. Definitions
- "Account" means the account you create to access the Service.
- "Content" means any text, images, video, audio, data, or other materials.
- "Your Content" means Content you submit, upload, or provide to the Service.
- "Output" means Content generated for you by the Service's AI features.
- "Advertising Platform" means a third-party service (such as Meta or Google Ads) that you connect to the Service.
- "Fees" means the subscription and other charges payable for the Service.
3. The service we provide
AI Marketing Agent is software that helps businesses plan, create, launch, and optimise online advertising campaigns using artificial intelligence. The Service may connect to Advertising Platforms on your behalf, generate ad creatives and copy, and provide recommendations. We continuously improve the Service and may add, change, deprecate, or remove features at any time. We are a software provider — we are not an advertising agency, marketing consultant, or fiduciary, and we do not guarantee any particular marketing, traffic, ranking, or sales result.
4. Accounts & eligibility
- You must be at least 18 years old and able to form a binding contract.
- You must provide accurate, current, and complete information and keep it updated.
- You are responsible for safeguarding your login credentials and for all activity under your Account, whether or not authorised by you.
- You may not share your Account, or allow more users than your plan permits.
- Notify us promptly at support@flashperfection.com of any unauthorised use or security breach.
5. Plans, billing & renewals
- Paid plans are billed in advance on a recurring basis (for the billing cycle you choose at checkout — for example every 2, 4, or 8 weeks) according to the plan you select.
- Unless you cancel, your plan renews automatically at the end of each billing cycle at the then-current price. We may change prices on renewal with prior notice.
- You authorise us and our third-party payment processor to charge your payment method for all Fees due, including taxes, until you cancel.
- You are responsible for all applicable taxes, duties, and similar charges, which may be added where required by law.
- Advertising spend you commit on Advertising Platforms is separate from your subscription and is billed directly by those platforms.
- If a charge fails, we may retry it and may suspend the Service until payment is received.
6. Refunds & cancellation
You can cancel your subscription at any time from your Account settings; cancellation stops future renewals and you keep access until the end of the current billing cycle. Because using the Service immediately consumes AI generation resources that we pay for and cannot recover, Fees are non-refundable except where mandatory law requires or where we choose to grant a refund at our discretion. Full details, including your statutory rights, are in our Refund Policy.
7. Acceptable use
You agree not to use the Service to:
- break any law, regulation, or rules of any Advertising Platform you connect;
- promote fraudulent, deceptive, hateful, harassing, or illegal products or content;
- infringe anyone's intellectual property, privacy, publicity, or other rights;
- upload malware, attempt to gain unauthorised access, probe, or disrupt the Service or its infrastructure;
- resell, rent, scrape, frame, or reverse-engineer the Service except where the law expressly permits it; or
- use the Service to build or train a competing product or model.
These rules form part of these Terms and are expanded in our Permitted Use Policy. If you use our mobile or downloadable application, your use is also governed by our End User License Agreement (EULA).
8. Advertising platforms & your responsibilities
When you connect an Advertising Platform account, you authorise us to act within the access you grant and represent that you have the right to grant it. You remain solely responsible for compliance with each platform's policies, for your advertising budget and spend, and for the legality, accuracy, and substantiation of the claims in your ads. We are not liable for platform decisions such as ad disapprovals, account restrictions or suspensions, billing by those platforms, or changes to their APIs, features, or pricing.
9. AI-generated content
The Service uses artificial intelligence, including third-party models, to generate Output. AI Output can be inaccurate, incomplete, biased, or unsuitable, and similar or identical Output may be generated for other users. You are responsible for reviewing, editing, and approving all Output before it is published or used in a live campaign, and for ensuring your final ads are truthful, substantiated, and compliant with applicable laws and platform rules. You must not present Output as human-created where doing so is deceptive, and must not represent AI-generated results, testimonials, or statistics as real if they are not.
10. Intellectual property
We and our licensors own the Service, including its software, models, design, look and feel, and trademarks, and all related intellectual-property rights. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes while your Account is in good standing. All rights not expressly granted are reserved.
11. Your Content & licence to us
You retain ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and display Your Content, and to create Output from it, solely to provide, secure, and improve the Service and as otherwise described in our Privacy Policy. You represent that you have all rights necessary to grant this licence and that Your Content and your use of Output do not infringe any third-party rights. Subject to these Terms and payment of applicable Fees, the ad creatives generated for you are yours to use in your campaigns.
12. Feedback
If you give us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or obligation to you.
13. Third-party services
The Service integrates with and depends on third-party services (including AI providers, payment processors, hosting, and Advertising Platforms). Your use of those services may be governed by their own terms, and we are not responsible for them. We may change or discontinue an integration at any time.
14. Privacy & data protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor, that processing is also subject to applicable data-protection law. You are responsible for having a lawful basis for any personal data you provide to us.
15. Disclaimers of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT OUTPUT WILL BE ACCURATE OR RELIABLE, OR THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ADVERTISING SPEND, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
17. Indemnification
You will defend, indemnify, and hold harmless AI Marketing Agent and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content or your ads; (b) your use of the Service or Output; (c) your breach of these Terms or of any law or third-party right; or (d) your use of any Advertising Platform.
18. Term, suspension & termination
These Terms apply while you use the Service. You may stop using the Service and close your Account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, create risk or legal exposure, or if required by law or a third-party provider. On termination, your licence ends and you must stop using the Service. Sections that by their nature should survive (including 10–12, 15–17, 19–23) survive termination.
19. Dispute resolution & arbitration
Most disputes between you and us are resolved through binding individual arbitration and a class-action waiver, as set out in our Arbitration Agreement, which forms part of these Terms and which you should read carefully. You may opt out of arbitration within 30 days as described there.
20. Governing law
These Terms are governed by the laws of the State of Florida, United States, and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to the Arbitration Agreement, the state and federal courts located in Broward County, Florida have exclusive jurisdiction, and you consent to their jurisdiction and venue, unless mandatory consumer-protection law in your country of residence provides otherwise.
21. Export & sanctions compliance
You represent that you are not located in, and are not a national of or controlled by anyone in, a country or on a list subject to U.S. or applicable trade sanctions or export-control restrictions, and that you will not use the Service in violation of any export-control or sanctions law.
22. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before they take effect. Continuing to use the Service after changes take effect means you accept the updated Terms; if you do not agree, stop using the Service.
23. General terms
- Entire agreement. These Terms and the policies they incorporate are the entire agreement between you and us about the Service and supersede prior agreements.
- Severability. If any provision is held unenforceable, the rest remain in effect and the provision is modified to the minimum extent necessary.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may give notices by email or through the Service; you may contact us as below. Notices are deemed received when sent.
- Relationship. The parties are independent contractors; these Terms create no agency, partnership, or joint venture.
- Language. The English version of these Terms controls over any translation.
24. Contact
Questions about these Terms? Email us at support@flashperfection.com or visit our contact page. See all policies in our Legal Center.