Terms & Conditions
1. Acceptance of Terms
By accessing or using the Adtroo platform (“Service”), you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and Adtroo LLC (“Adtroo,” “we,” “us,” or “our”).
2. Description of Service
Adtroo provides a marketing mix modeling and budget optimization platform that analyzes marketing channel performance data to generate insights, recommendations, and budget adjustments (“Service”). The Service utilizes proprietary statistical modeling (including regression analysis, saturation modeling, and optimization algorithms) as its analytical engine, and employs artificial intelligence for its conversational interface and natural language outputs.
3. Technology Disclosure
The Service relies on two distinct technology layers:
(a) Proprietary Analytical Engine: The core modeling — including marketing mix models, saturation curves, contribution estimates, and budget optimization — is performed by Adtroo’s proprietary statistical algorithms. These calculations are deterministic and based on established econometric methods applied to your data.
(b) AI Conversational Layer: The Service uses third-party artificial intelligence and large language model technologies to power its conversational interface, interpret user inputs, and generate natural language summaries and rationale text. Your data may be transmitted to third-party AI providers for this purpose. While we select reputable providers and maintain contractual data protections, Adtroo does not control the internal processing methods of these providers.
(c) By using the Service, you acknowledge that: (i) analytical outputs including contribution estimates, saturation levels, and budget recommendations are based on statistical models applied to the data you provide and are subject to the limitations inherent in any statistical method; (ii) AI-generated natural language outputs are summaries and interpretations of the analytical results and should be verified against the underlying data; (iii) you are solely responsible for reviewing, validating, and approving any recommendations before acting upon them.
(d) Third-Party Services; AI Limitations; Risk Allocation: Third-party artificial intelligence providers used in connection with the Service operate as independent service providers and are not agents or partners of Adtroo. Adtroo does not control and is not responsible for the performance, availability, security practices, or data handling of such third-party providers. To the maximum extent permitted by law, Adtroo disclaims all liability arising from or related to any errors, interruptions, delays, data loss, or other failures attributable to third-party AI services. You further acknowledge that AI-generated outputs may be incomplete, inaccurate, inconsistent, or biased, and may not reflect all relevant data or variables. The Service does not guarantee that AI-generated content is error-free or suitable for any specific purpose.
4. Data Usage & Privacy
(a) Data You Provide: You retain ownership of all data you submit to the Service (“User Data”). By submitting User Data, you grant Adtroo a limited, non-exclusive license to process, analyze, and store such data solely for the purpose of delivering the Service to you.
(b) How We Use Your Data: User Data is used exclusively to (i) generate marketing mix models and insights for your account, (ii) produce budget optimization recommendations, and (iii) improve the accuracy of the Service’s analytical models. We do not sell, rent, or share your individually identifiable User Data with third parties for their own marketing purposes.
(c) Aggregated & Anonymized Data: We may aggregate and anonymize User Data such that it can no longer be attributed to you or any individual. Such aggregated, anonymized data may be used for product improvement, benchmarking, and research purposes.
(d) Third-Party Processing: User Data may be transmitted to third-party AI service providers as necessary to deliver the conversational interface of the Service. These providers are bound by contractual obligations to protect your data, but Adtroo cannot guarantee the absolute security of data transmitted to or stored by third parties.
(e) Data Retention: We retain User Data for the duration of your active account and for a reasonable period thereafter for backup, archival, and compliance purposes. You may request deletion of your User Data by contacting us at contact@adtroo.com, subject to any legal retention requirements.
(f) Administrative Access: Adtroo personnel may access User Data and analysis outputs for the purposes of providing customer support, troubleshooting errors, maintaining and improving the Service, and ensuring quality of analytical outputs. Such access is limited to authorized personnel and is conducted in accordance with our Privacy Policy. User Data accessed for these purposes is never shared with other clients or used for any purpose unrelated to the operation and improvement of the Service.
5. Limitation of Liability
5.1 No Guaranteed Outcomes.
The Service provides data-driven recommendations, not guarantees. Marketing outcomes are inherently uncertain. You are solely responsible for reviewing, validating, and acting on any outputs the Service generates. Adtroo is not liable for any financial results, business decisions, or budget allocations made based on the Service’s recommendations.
The Service, including all outputs, analyses, recommendations, forecasts, and AI-generated content, is provided for informational and analytical purposes only and does not constitute financial, marketing, or other professional advice. Adtroo does not undertake any duty to provide advice tailored to your specific business circumstances.
5.2 Analytical and AI Output Accuracy.
Adtroo is not responsible for any errors or inaccuracies in analytical outputs caused by incomplete, inaccurate, or corrupted User Data. Statistical models produce estimates, not guarantees. Adtroo is also not responsible for errors in AI-generated natural language summaries or interpretations of analytical results.
5.3 Service Provided “As Is.”
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
5.4 Exclusion of Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADTROO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
5.5 Liability Cap.
ADTROO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO ADTROO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
5.6 Service Availability; No Uptime Guarantee.
Adtroo does not guarantee that the Service will be uninterrupted, error-free, or continuously available. Access to the Service may be suspended, restricted, or interrupted at any time due to maintenance, updates, system failures, third-party service disruptions, or other factors outside of Adtroo’s control.
To the maximum extent permitted by law, Adtroo shall have no liability for any unavailability, outages, interruptions, delays, or degradation of the Service, regardless of cause. You acknowledge that no service level agreement applies to the Service, and you are not entitled to any service credits, refunds, or other compensation for any such issues.
6. Indemnification
You agree to indemnify, defend, and hold harmless Adtroo, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) your User Data, including any claim that your User Data infringes the rights of a third party; or (e) any decisions made or actions taken based on the Service’s outputs.
7. Dispute Resolution & Governing Law
(a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
(b) Mandatory Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.
(c) Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
(d) Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court’s jurisdictional limits.
8. User Responsibilities
You represent and warrant that: (a) you have the legal authority to enter into these Terms; (b) you have obtained all necessary consents and authorizations to submit User Data to the Service, including any data pertaining to third parties; (c) your use of the Service complies with all applicable laws, regulations, and industry standards, including but not limited to data protection and privacy laws; and (d) you will not use the Service for any unlawful, fraudulent, or harmful purpose; (e) to the maximum extent permitted by law, Adtroo shall have no liability for any claims, fines, penalties, or regulatory actions arising from or related to your User Data, including any failure by you to comply with applicable laws or obtain required consents.
9. Modifications to Terms
Adtroo reserves the right to modify these Terms at any time. Material changes will be communicated to you via email or through the Service interface at least thirty (30) days before they take effect. Your continued use of the Service after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
10. Termination
Either party may terminate this agreement subject to the subscription terms in Section 13. Adtroo may suspend or terminate your access to the Service immediately, without prior notice, if you breach any provision of these Terms. Upon termination, your right to use the Service ceases immediately. Sections 5, 6, 7, 13(e), and any other provisions that by their nature should survive, shall survive termination.
11. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
12. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Adtroo with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
13. Subscription Terms & Payment
(a) Minimum Commitment. The Service is offered on a subscription basis with a minimum commitment period of six (6) months (“Minimum Term”). You agree to pay all fees for the full Minimum Term regardless of whether you continue to use the Service during that period.
(b) Renewal. Following the Minimum Term, your subscription will automatically renew on a month-to-month basis at the then-current rate unless you provide written notice of cancellation at least thirty (30) days before the end of the current billing period.
(c) Fees & Payment. Subscription fees are billed monthly in advance. All fees are non-refundable except as expressly stated in these Terms. Adtroo reserves the right to modify pricing with at least sixty (60) days’ prior written notice.
(d) Late Payment. Overdue balances may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Adtroo may suspend access to the Service if payment is more than fifteen (15) days overdue.
(e) Early Termination. If you terminate before the end of your Minimum Term, you remain liable for all fees through the remainder of the Minimum Term.
14. Acceptable Use; Suspension Rights
(a) Acceptable Use Restrictions. You agree not to, and not to permit any third party to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying models of the Service; (ii) access or use the Service for purposes of benchmarking, competitive analysis, or building a competing product or service; (iii) scrape, extract, harvest, or systematically collect data or outputs from the Service; (iv) use the Service in a manner that interferes with, disrupts, or degrades the integrity or performance of the Service or its infrastructure; (v) attempt to bypass, disable, or circumvent any security or access controls; (vi) use the Service to generate or distribute misleading, deceptive, or unlawful outputs; or (vii) use the Service in any manner that exceeds reasonable usage levels or is inconsistent with the intended purpose of the Service.
(b) Suspension Rights. Adtroo may suspend, restrict, or limit your access to the Service, in whole or in part, at any time, without liability, if Adtroo reasonably determines that: (i) your use poses a security risk to the Service or any third party; (ii) your usage is excessive, abusive, or materially impacts system performance; (iii) your use may violate applicable law or create regulatory exposure; or (iv) your account is involved in suspected fraud or unauthorized activity. Adtroo will use commercially reasonable efforts to restore access once the underlying issue is resolved, but is under no obligation to do so on any specific timeline.
15. Intellectual Property
(a) Ownership of the Service. The Service, including all software, models, algorithms, methodologies, designs, interfaces, and underlying technology, and all intellectual property rights therein, are and shall remain the exclusive property of Adtroo and its licensors. No rights are granted to you except as expressly set forth in these Terms.
(b) License to Use the Service. Subject to your compliance with these Terms, Adtroo grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the term of your subscription.
(c) Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, or otherwise exploit any part of the Service or its underlying technology, except as expressly permitted in these Terms.
(d) Outputs. As between you and Adtroo, you may use outputs generated from your User Data for your internal business purposes. However, Adtroo retains all rights in and to the Service, including any underlying models, methodologies, and improvements used to generate such outputs.
(e) Feedback. If you provide any suggestions, ideas, or feedback regarding the Service, Adtroo may use and incorporate such feedback without restriction or obligation to you.
For questions about these Terms, contact us at contact@adtroo.com.