TERMS OF SERVICE

MyAd is intended for business and professional use.

Users must be at least eighteen (18) years old, or the age of legal majority in their jurisdiction, and must be legally capable of entering into a binding agreement.

If a user accesses or uses MyAd on behalf of a business, company, organization, professional practice, agency, entity, or other third party, the user represents and warrants that they have the legal authority to act on behalf of that business or entity and to bind that business or entity to these Terms.

Users may only connect Instagram accounts, upload business information, submit materials, approve content, or publish content on behalf of businesses, brands, accounts, or entities that they own, control, manage, or are legally authorized to represent.

If a user does not have such authority, the user must not access or use MyAd on behalf of that business, entity, brand, or Instagram account.

Users may be required to register for an account and provide information in order to access or use MyAd.

Users agree to provide accurate, complete, current, and non-misleading information during registration, business setup, Instagram connection, subscription, billing, payment, content generation, and general platform use.

This includes account information, business information, brand information, contact information, billing information, Instagram account information, uploaded materials, images, prompts, content preferences, and any other information or materials provided through the platform.

Users are responsible for keeping account, business, Instagram, billing, and contact information accurate and up to date.

MyAd may suspend, restrict, disable, or terminate access to the platform or related functionality if information provided by a user is inaccurate, incomplete, misleading, fraudulent, outdated, unauthorized, or creates legal, operational, security, payment, platform, reputational, or compliance risk.

Users are responsible for maintaining the confidentiality and security of their account credentials, connected services, authentication methods, and access to their account environment.

Users are responsible for all activity occurring through their account, whether or not authorized by the user, except to the extent caused solely by MyAd’s breach of these Terms.

Users must promptly notify MyAd if they become aware of unauthorized access, unauthorized publishing activity, credential compromise, payment misuse, or account-related security concerns.

MyAd provides tools that allow businesses to generate AI-assisted content proposals, review and edit generated content, select or reject proposals, manage content workflows, upload business-related materials, and publish content explicitly approved by the user through authorized Instagram integrations.

MyAd may include content calendars, customer image functionality, business profile setup, artificial intelligence workflows, automation systems, publishing workflows, subscription-based features, paid services, and other functionality made available through the platform.

MyAd is designed for businesses and professional use cases.

Certain features, workflows, automations, operational components, interfaces, integrations, artificial intelligence systems, subscription features, paid services, or publishing functionality may evolve, change, be modified, suspended, restricted, or discontinued over time as the platform develops.

Certain features or functionalities may be experimental, beta, evolving, incomplete, or subject to operational limitations, modifications, interruptions, restrictions, provider limitations, or future changes without notice.

MyAd is not a social media agency, advertising agency, legal advisor, regulatory advisor, compliance reviewer, marketing consultant, financial advisor, medical advisor, tax advisor, professional consultant, or editorial supervisor.

MyAd provides software-based tools and workflows. Users remain responsible for their own business decisions, content decisions, marketing decisions, legal compliance, industry compliance, and publication decisions.

To use MyAd’s Instagram publishing functionality, users must have an eligible Instagram professional or business account compatible with Instagram’s platform requirements and authorization systems.

Users may only connect Instagram accounts that they own or are authorized to manage.

Instagram connection and publishing functionality depend on Instagram’s authorization flow, platform permissions, API availability, account eligibility, account status, and related Meta and Instagram requirements.

Users are responsible for complying with applicable Instagram, Meta, platform, API, developer, content, advertising, intellectual property, privacy, community, and account policies associated with the use of connected Instagram accounts and related publishing activity.

Users acknowledge that changes to Instagram, Meta, APIs, permissions, account status, platform policies, developer rules, enforcement systems, or authorization flows may affect or prevent the operation of MyAd’s publishing functionality.

To connect Instagram, users authenticate directly with Instagram using Instagram’s official login interface and explicitly authorize MyAd to access the permissions required for the approved publishing workflow.

MyAd does not request, collect, or store the user’s Instagram password.

Once authorization is granted, MyAd receives the limited Instagram account information and authorization necessary to maintain the connection with the user’s Instagram account in order to publish content explicitly approved by the user.

MyAd publishes content only after explicit user approval inside the platform.

MyAd does not autonomously publish content without explicit user approval inside the platform.

Users acknowledge that Instagram authorization, publishing functionality, account availability, API permissions, account access, publication availability, and related workflows depend on Meta and Instagram systems outside MyAd’s control.

MyAd is not responsible for Instagram or Meta account restrictions, rejected posts, failed publications, delayed publications, revoked permissions, account suspensions, API changes, authorization failures, content enforcement actions, platform limitations, or other actions or omissions by Meta, Instagram, or related third-party platforms.

MyAd may block, suspend, restrict, disable, or prevent publishing workflows where MyAd reasonably believes that a user, account, material, generated content, approval, or publishing activity may create legal, operational, security, platform, intellectual property, reputational, provider, or compliance risk.

Users may use MyAd to generate content proposals, review generated content, edit captions, upload business-related materials, select or reject proposals, manage workflows, and publish approved content to Instagram.

Users are responsible for how they use the platform and for all actions performed through their account.

Users are responsible for the business-related information, uploaded materials, images, caption edits, approvals, published content, connected Instagram accounts, and other information or materials they provide, approve, or use through the platform.

Users must ensure that their use of MyAd complies with applicable laws, regulations, platform policies, intellectual property rights, privacy rights, publicity rights, advertising standards, professional rules, industry-specific obligations, third-party rights, and applicable Meta and Instagram requirements.

Users are responsible for reviewing content before publication and for validating the legality, accuracy, suitability, appropriateness, rights clearance, and compliance of published content.

Users acknowledge that MyAd does not act as publisher, editor, moderator, legal reviewer, compliance reviewer, advertising reviewer, professional advisor, or supervisory authority over content generated, approved, edited, selected, uploaded, or published through the platform.

MyAd uses artificial intelligence systems and external automation providers to generate content proposals based on business-related information, uploaded materials, images, and other information or materials provided by the user as part of the platform setup and content generation process.

Generated content may include textual, visual, stylistic, creative, synthetic, or AI-generated elements intended exclusively for user review before publication.

AI-generated content may contain inaccuracies, unsuitable wording, unintended visual or textual elements, hallucinations, similarities to third-party content, or content that may be unsuitable for particular audiences, industries, regulations, jurisdictions, or commercial contexts.

Due to the nature of artificial intelligence systems, generated outputs may not be unique, and similar or identical outputs may be generated for other users or third parties.

Subject to these Terms, users may use, edit, approve, publish, and distribute AI-generated outputs created for them through MyAd.

Such use rights do not create exclusivity and do not guarantee that generated outputs are unique, original, registrable, protectable, non-infringing, commercially suitable, legally compliant, or free from third-party claims.

Generated content is not automatically approved. Users remain responsible for reviewing, editing, selecting, approving, rejecting, validating, and determining the suitability of content before publication.

Users assume full responsibility for the decision to approve, publish, reject, edit, modify, or use generated content.

MyAd does not monitor, moderate, validate, pre-screen, verify, endorse, or guarantee the legality, accuracy, appropriateness, originality, uniqueness, safety, regulatory compliance, intellectual property clearance, third-party platform compliance, commercial suitability, performance, or effectiveness of generated or published content, including AI-generated outputs.

MyAd does not provide legal, regulatory, medical, financial, marketing, advertising, tax, or professional advice.

Users retain ownership of the materials, images, logos, business information, brand information, text, content, and other materials they upload, submit, provide, approve, or use through MyAd, subject to the rights and licenses granted in these Terms.

By providing, uploading, submitting, connecting, approving, or using information, images, materials, or content through MyAd, users grant MyAd a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transform, transmit, display, adapt, format, analyze, and otherwise use such information, materials, uploaded content, and user-provided materials solely as reasonably necessary to operate, maintain, support, secure, improve, and provide the platform and authorized publishing workflows.

This license includes processing performed through infrastructure providers, automation systems, artificial intelligence systems, hosting providers, storage providers, database providers, payment providers, analytics providers, operational service providers, and other providers involved in the normal operation of MyAd.

MyAd may use aggregated, anonymized, de-identified, or non-identifiable data, metrics, outputs, or usage information to operate, analyze, improve, secure, troubleshoot, develop, and optimize the platform, workflows, prompts, systems, user experience, quality, and service functionality, provided that such use does not identify the user, the user’s business, or the user’s customers.

MyAd will not use identifiable customer materials, customer names, customer logos, or customer business identity for public marketing purposes without permission.

Users represent and warrant that they have all necessary rights, licenses, consents, authorizations, permissions, and legal bases to provide, upload, submit, approve, publish, or use any information, materials, images, logos, business information, brand materials, or content through MyAd.

Users are solely responsible for all images, photographs, videos, logos, trademarks, brand assets, product images, business materials, customer images, employee images, client images, location images, text, claims, and other materials uploaded, submitted, provided, approved, or used through MyAd.

Users represent and warrant that they own or have obtained all rights, licenses, permissions, releases, and consents necessary to upload, process, transform, use, display, adapt, generate content from, approve, publish, and distribute such materials through MyAd and connected platforms.

If uploaded or submitted materials include identifiable persons, including customers, employees, contractors, models, minors, patients, clients, visitors, or other individuals, users are solely responsible for obtaining all permissions, consents, releases, authorizations, and legal bases required for the intended commercial, promotional, advertising, social media, and platform-related use of such materials.

If uploaded or submitted materials include trademarks, logos, copyrighted works, products, packaging, artworks, locations, third-party brands, music, designs, trade dress, protected content, confidential information, or other third-party rights, users are solely responsible for ensuring that they have all rights and permissions required for use through MyAd and for publication on Instagram or other connected services.

Users must not upload, submit, approve, or publish materials that infringe, violate, misappropriate, or otherwise breach any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, confidentiality obligation, contractual right, platform policy, advertising rule, or other third-party right.

MyAd does not verify, clear, audit, or validate intellectual property rights, image rights, publicity rights, privacy rights, advertising rights, employment consents, customer consents, patient consents, model releases, location releases, brand permissions, or other third-party permissions.

Users assume full responsibility for any claims, disputes, liabilities, losses, penalties, enforcement actions, takedown requests, platform actions, provider restrictions, or damages arising from uploaded materials, generated content based on uploaded materials, approved content, published content, or related use of third-party rights.

MyAd has no obligation to monitor, review, moderate, validate, pre-screen, approve, or control user-provided materials, uploaded images, generated content, proposed content, approved content, or published content.

However, MyAd reserves the right, at any time and without prior notice, to review, remove, disable, restrict, block, reject, filter, modify for operational reasons, prevent publication of, or limit access to any uploaded material, generated proposal, workflow, account, content, image, caption, or publication activity.

MyAd may take such action if it reasonably believes that a user, account, material, generated content, approved content, published content, workflow, or activity may violate these Terms, violate third-party rights, violate applicable law, violate Meta or Instagram requirements, violate provider policies, create security or infrastructure risk, create payment or fraud risk, create reputational risk, expose MyAd or its providers to liability, or otherwise create legal, operational, platform, compliance, or business risk.

MyAd may also suspend, restrict, disable, terminate, or disconnect accounts, workflows, Instagram integrations, uploaded materials, generated proposals, publishing functionality, or other platform functionality in such circumstances.

MyAd’s decision to review or remove any content does not create an obligation to monitor other content and does not make MyAd responsible for user materials, generated content, approved content, published content, or user activity.

Users must not use MyAd to violate laws, regulations, intellectual property rights, privacy rights, publicity rights, advertising standards, platform policies, professional obligations, industry regulations, or third-party rights.

Users must not interfere with the operation, integrity, security, infrastructure, APIs, automation systems, authorization systems, payment systems, or authorized workflows of the platform.

Users must not:

• attempt unauthorized access,

• misuse integrations,

• automate abusive activity,

• impersonate third parties,

• submit unlawful or infringing content,

• submit deceptive, misleading, fraudulent, defamatory, hateful, extremist, discriminatory, sexually exploitative, violent, harassing, abusive, or otherwise harmful content,

• distribute spam, phishing, malware, scams, fraud, or unauthorized commercial activities,

• promote unlawful products, services, or activities,

• promote weapons, illegal drugs, illegal substances, illegal services, exploitation, abuse, terrorism, extremist activity, or other unlawful or high-risk activities,

• submit or process content involving child sexual abuse material, sexual exploitation, non-consensual intimate material, or unlawful content involving minors,

• manipulate political processes or distribute intentionally misleading information,

• attempt to bypass platform restrictions,

• misuse Instagram or Meta integrations,

• violate the policies, guidelines, or platform rules of Instagram, Meta, artificial intelligence providers, payment providers, or other third-party services connected to MyAd,

• use MyAd in a manner that could expose the platform, its providers, its users, or third parties to legal, operational, infrastructure, reputational, compliance, payment, provider, or security risks.

Certain businesses, industries, products, services, claims, or activities may be subject to special laws, regulations, professional rules, advertising rules, platform rules, licensing requirements, or compliance obligations.

These may include, without limitation, health, medical, dental, therapeutic, pharmaceutical, mental health, aesthetic medical services, financial services, insurance, legal services, tax services, professional services, supplements, food claims, alcohol, tobacco, cannabis, gambling, gaming, political content, elections, education, promotions, sweepstakes, contests, regulated products, regulated services, or other sensitive or regulated industries.

Users operating in regulated industries are solely responsible for ensuring that their business information, uploaded materials, generated content, approved content, published content, claims, promotions, and platform use comply with all applicable laws, regulations, professional obligations, advertising standards, licensing requirements, platform policies, and industry-specific rules.

MyAd does not review or guarantee regulatory compliance for any industry, claim, product, service, advertisement, offer, promotion, or published content.

MyAd reserves the right to restrict, suspend, disable, remove, or terminate access to the platform or related services if it reasonably believes that a user, account, activity, material, industry, product, service, generated content, or published content may create legal, operational, reputational, compliance, infrastructure, provider, platform, or security risks.

MyAd is not intended to provide legal, regulatory, medical, financial, tax, advertising, marketing, professional, compliance, safety-critical, emergency, or time-sensitive advice.

Users must not rely on MyAd, AI-generated content, generated proposals, captions, images, workflows, or published materials as a substitute for professional advice, legal review, regulatory review, medical review, financial review, tax review, advertising review, or professional judgment.

MyAd is not intended for emergency communications, safety-critical communications, legally required notices, regulated instructions, medical instructions, financial instructions, crisis communications, or any use where failure, delay, inaccuracy, or inappropriate content could cause harm, legal exposure, financial loss, regulatory violation, or safety risk.

MyAd depends on third-party providers and infrastructure services, including Instagram, Meta, hosting providers, cloud infrastructure providers, database services, storage providers, automation systems, artificial intelligence providers, analytics providers, payment providers, email providers, and other operational services.

Platform functionality may be affected by third-party outages, API changes, authorization restrictions, infrastructure interruptions, provider limitations, payment processor issues, account restrictions, provider failures, content restrictions, rate limits, policy changes, or changes imposed by Instagram, Meta, artificial intelligence providers, payment providers, or other providers.

MyAd is not responsible for limitations, interruptions, restrictions, delays, failures, suspensions, enforcement actions, account restrictions, payment processing failures, data processing failures, content rejections, publication failures, or actions imposed by third-party platforms or providers.

Users acknowledge that their use of third-party services may be subject to additional terms, privacy policies, platform rules, payment rules, data processing rules, and provider requirements.

Certain MyAd features, plans, workflows, usage levels, publishing functionality, storage capacity, content generation volume, premium functionality, or related services may require payment of fees.

Paid services may be offered through subscriptions, recurring plans, monthly plans, annual plans, usage-based pricing, add-ons, one-time fees, promotional offers, free trials, beta access, or other pricing structures made available by MyAd from time to time.

Prices, billing cycles, plan features, usage limits, subscription terms, renewal terms, cancellation options, promotional terms, trial terms, and applicable fees may be displayed on the MyAd website, inside the platform, during checkout, in account settings, in the subscription flow, or through other ordering or subscription processes.

Unless otherwise stated in the applicable subscription flow, checkout page, order process, or plan description, fees are stated in U.S. Dollars.

MyAd may determine, modify, update, discontinue, or change pricing, plans, features, usage limits, billing structures, promotional offers, trial availability, free access, paid functionality, or subscription terms from time to time, subject to applicable law.

Promotional offers, discounts, credits, trials, beta access, or special pricing may be modified, limited, suspended, discontinued, or made available to different users at MyAd’s discretion, unless otherwise stated in the applicable offer.

Payments may be processed by third-party payment processors selected by MyAd from time to time.

By purchasing or subscribing to paid MyAd services, users authorize MyAd and its third-party payment processors to charge the payment method provided for all applicable fees, subscription charges, renewals, taxes, usage-based charges, add-ons, upgrades, overage fees, failed-payment recovery charges, chargeback-related amounts, and other amounts associated with the selected plan or services.

Users may also be subject to the terms, privacy policies, payment rules, and processing requirements of the applicable third-party payment processor.

Users are responsible for maintaining accurate, complete, valid, and current billing and payment information.

If a user purchases a subscription, the subscription will automatically renew for successive billing periods unless cancelled before the applicable renewal date, unless otherwise stated in the subscription flow or required by applicable law.

Users are responsible for cancelling subscriptions before renewal if they do not wish to be charged for the next billing period.

Cancellation of a subscription stops future recurring charges but does not automatically entitle the user to a refund, credit, or prorated refund for amounts already charged, unless expressly stated by MyAd or required by applicable law.

Fees are non-refundable except where MyAd expressly provides otherwise or where required by applicable law.

If a user cancels a paid subscription, access to paid features may continue until the end of the then-current paid billing period, unless the account is suspended, restricted, or terminated earlier due to breach of these Terms, payment issues, fraud, chargebacks, misuse, legal risk, platform risk, provider risk, or other risk-management reasons.

If payment cannot be processed, is declined, disputed, reversed, charged back, remains unpaid, or if billing information is inaccurate or unavailable, MyAd may suspend, restrict, downgrade, disable, or terminate access to paid features, publishing workflows, content generation, stored materials, pending proposals, account functionality, or the platform as a whole.

Plan upgrades, downgrades, cancellations, reactivations, or changes may affect available features, usage limits, billing amounts, access to content, publication workflows, storage, pending proposals, or account functionality.

MyAd may determine how plan changes take effect, including immediately, at the end of the billing period, or at the start of the next billing cycle, subject to applicable law and the terms displayed during the change process.

Users are responsible for all applicable taxes, duties, levies, assessments, or governmental charges associated with their purchase or use of paid MyAd services, except where such amounts are expressly included in the displayed price or collected and remitted by MyAd or its payment processor.

MyAd is not responsible for payment processing errors, delays, authorization failures, card issuer decisions, bank actions, payment processor restrictions, chargebacks, disputes, payment method limitations, or other payment-related issues caused by third-party payment processors, financial institutions, card networks, or user-provided billing information.

Use of MyAd is also governed by the Privacy Policy.

The Privacy Policy explains how MyAd collects, uses, stores, processes, protects, retains, and deletes information related to account registration, business setup, Instagram authorization, AI-generated content proposals, uploaded materials, customer images, paid services, payment-related processing, and platform operations.

Users agree that MyAd may process information reasonably necessary to operate, maintain, support, secure, improve, and provide the platform, including through infrastructure providers, automation providers, artificial intelligence providers, payment providers, storage providers, analytics providers, and other operational service providers.

By creating an account, subscribing to, or using MyAd, users agree that MyAd may send account-related, operational, security, legal, billing, subscription, payment, platform, support, service-related, and product-related communications electronically.

Such communications may be sent by email, in-platform notices, website notices, account notices, or other electronic means reasonably associated with the platform.

MyAd may send communications from official email addresses associated with the myadonline.com domain, including info@myadonline.com, support@myadonline.com, or other official MyAd email addresses.

Users are responsible for maintaining a current and valid email address associated with their account and for reviewing communications sent by MyAd.

Electronic communications may satisfy any legal requirement that such communications be provided in writing, to the extent permitted by applicable law.

MyAd may also send product updates, service announcements, educational materials, or promotional communications where permitted by law.

Users may opt out of promotional communications where applicable, but may continue to receive non-promotional communications necessary for account access, platform operation, security, billing, subscription, payment, legal, support, or service-related purposes.

Questions, support requests, privacy requests, deletion requests, intellectual property complaints, or account-related inquiries may be sent to:

support@myadonline.com

MyAd and its associated software, workflows, branding, infrastructure, interfaces, automation systems, artificial intelligence integrations, APIs, designs, prompts, templates, processes, documentation, visual elements, platform configuration, and underlying technology are owned by BRC9 LLC or its licensors.

Use of MyAd does not transfer ownership of the platform, its software, technology, workflows, brand, designs, systems, infrastructure, or underlying intellectual property.

Users must not copy, reproduce, modify, reverse engineer, distribute, sell, lease, sublicense, create derivative works from, interfere with, circumvent, access without authorization, or misuse any part of MyAd, except as expressly permitted by these Terms or applicable law.

Users retain responsibility for the content they approve and publish through the platform.

MyAd does not guarantee that AI-generated outputs are unique, original, registrable, protectable, non-infringing, commercially suitable, or free from third-party claims or intellectual property disputes.

MyAd respects intellectual property rights and expects users to do the same.

If a rights holder believes that content, materials, images, uploaded materials, generated content, or published activity associated with MyAd infringes their intellectual property rights, they may contact MyAd at:

support@myadonline.com

A complaint should include sufficient information to identify the rights allegedly infringed, the material or activity at issue, the complainant’s contact information, a statement that the complainant has a good faith belief that the use is unauthorized, and a statement that the information provided is accurate and submitted by the rights holder or an authorized representative.

MyAd may request additional information before taking action.

MyAd may remove, disable, restrict, block, or prevent publication of content, materials, workflows, or accounts that are alleged or determined to infringe intellectual property rights or otherwise create legal, platform, provider, or reputational risk.

MyAd may suspend or terminate accounts of users who repeatedly or seriously infringe intellectual property rights or submit infringing materials.

If users provide ideas, suggestions, comments, bug reports, improvement requests, product feedback, feature requests, or other feedback regarding MyAd, users grant MyAd a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable right to use, reproduce, modify, distribute, display, perform, implement, and otherwise exploit such feedback for any purpose, including improving the platform, developing new features, improving workflows, and creating new products or services.

MyAd has no obligation to provide compensation, attribution, confidentiality, or credit for feedback unless expressly agreed in writing.

Feedback does not include customer materials, uploaded images, business information, or other user content except to the extent such materials are voluntarily submitted as feedback.

MyAd may suspend, restrict, limit, disable, downgrade, or terminate access to the platform if users violate these Terms, misuse the platform, create operational or security risks, fail to pay applicable fees, initiate abusive chargebacks, engage in fraud, violate applicable laws or platform policies, infringe third-party rights, provide unauthorized materials, submit prohibited content, misuse Instagram or Meta integrations, or expose MyAd, its providers, other users, or third parties to legal, operational, infrastructure, reputational, payment, provider, compliance, or security risks.

Access may also be suspended or limited for operational, infrastructure, maintenance, compliance, security, payment, billing, business, platform, provider, or risk-management reasons.

MyAd may suspend or restrict specific workflows, publishing functionality, Instagram integrations, uploaded materials, content generation, paid features, or account functionality without terminating the entire account.

MyAd has no obligation to monitor, review, moderate, validate, or pre-screen content or activity on the platform.

If an account is terminated or suspended for breach of these Terms, misuse, fraud, infringement, prohibited conduct, payment abuse, or serious risk, the user may not create a new account without MyAd’s prior written authorization.

Users may stop using MyAd at any time and may request account deletion or cancellation of eligible services as described in the platform, Privacy Policy, User Data Deletion page, or applicable subscription flow.

Upon suspension, restriction, cancellation, or termination, users may lose access to their account, platform functionality, paid features, uploaded materials, generated proposals, pending proposals, content history, publishing workflows, Instagram connections, stored materials, and other platform-related functionality.

MyAd may disable or disconnect Instagram authorization or publishing workflows associated with the account.

Users are responsible for retaining copies of any materials, images, captions, content, business information, or published materials they wish to preserve.

Content already published to Instagram or other third-party platforms may continue to exist on those platforms after cancellation, deletion, suspension, or termination of a MyAd account. Users are responsible for managing, deleting, modifying, or removing such content directly through the applicable third-party platform where available.

After account cancellation, deletion, suspension, or termination, MyAd may delete, retain, anonymize, disable, dissociate, or minimize information in accordance with the Privacy Policy, User Data Deletion page, legal obligations, billing obligations, tax obligations, accounting obligations, audit requirements, security needs, fraud prevention, dispute resolution, backup retention, operational integrity, provider requirements, and platform protection.

The following sections will survive termination or expiration of these Terms to the extent reasonably necessary: User Content, Uploaded Materials, and License to MyAd; Images, People, Brands, and Third-Party Rights; Prohibited Use and Regulated Activities; Billing, Subscriptions, and Paid Services; Privacy and Data Processing; Intellectual Property; Intellectual Property Complaints; Feedback; Effect of Termination and Data Handling; Indemnification; Disclaimers and Limitation of Liability; Force Majeure; Export and Sanctions Compliance; Customer Names and Logos; Governing Law and Venue; Changes to These Terms; Miscellaneous; and any other provisions that by their nature should survive.

Users agree to defend, indemnify, and hold harmless BRC9 LLC, MyAd, its operators, members, managers, officers, employees, contractors, providers, licensors, infrastructure partners, automation providers, artificial intelligence providers, payment providers, service providers, affiliates, and related parties from and against claims, liabilities, damages, losses, expenses, disputes, penalties, enforcement actions, chargebacks, payment disputes, or legal fees arising out of or relating to:

• content approved or published by the user,

• uploaded materials,

• customer images,

• images or materials containing people, brands, products, locations, third-party rights, or regulated claims,

• business-related information,

• information or materials provided by the user,

• AI-generated outputs approved, edited, used, or published by the user,

• misuse of the platform,

• unauthorized use of an Instagram account or business account,

• unauthorized action on behalf of a business or entity,

• violations of these Terms,

• violations of laws, regulations, professional obligations, advertising rules, or platform policies,

• disputes relating to intellectual property,

• disputes relating to privacy rights, publicity rights, image rights, consent, or third-party rights,

• regulated industry compliance,

• payment disputes, failed payments, chargebacks, or billing issues caused by the user,

• violations of Instagram, Meta, artificial intelligence provider, payment provider, or third-party platform requirements,

• or otherwise arising out of the user’s use of MyAd, connected accounts, provided materials, approved content, published content, paid services, or platform activity.

MyAd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user. In such case, users agree to cooperate with MyAd’s defense of such claims.

MyAd may experience interruptions, limitations, delays, restrictions, outages, or changes due to operational, infrastructure, security, maintenance, compliance, artificial intelligence, automation, payment, provider, or third-party platform conditions.

MyAd does not guarantee uninterrupted availability, continuous operation, successful publication, permanent access, error-free functionality, successful content generation, successful content delivery, successful payment processing, successful Instagram authorization, or compatibility with third-party services.

Access to the platform may be suspended, limited, interrupted, modified, restricted, downgraded, or discontinued at any time for operational, infrastructure, security, maintenance, legal, compliance, payment, business, platform, provider, or risk-management reasons.

The platform is provided on an “AS IS” and “AS AVAILABLE” basis.

To the maximum extent permitted by applicable law, MyAd disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, reliability, accuracy, security, uninterrupted operation, error-free functionality, or suitability for any particular business, industry, audience, jurisdiction, campaign, platform, or commercial purpose.

MyAd does not warrant that the platform, generated content, uploaded materials processing, publishing workflows, payment workflows, Instagram integrations, artificial intelligence systems, automation systems, third-party services, or any portion of the platform will be uninterrupted, secure, accurate, successful, compliant, free of errors, free of harmful components, or available at any particular time.

To the maximum extent permitted by applicable law, BRC9 LLC and MyAd shall not be liable for indirect, incidental, consequential, special, punitive, reputational, commercial, business-related, lost-profit, lost-revenue, lost-data, lost-goodwill, lost-opportunity, interruption-related, or reliance-based damages arising out of or relating to the use of the platform, including issues related to:

• AI-generated content,

• uploaded materials,

• customer images,

• publishing activity,

• Instagram or Meta restrictions,

• third-party services,

• infrastructure failures,

• automation failures,

• artificial intelligence provider failures,

• payment processor failures,

• payment disputes,

• chargebacks,

• platform interruptions,

• account restrictions,

• data loss,

• generated outputs,

• rejected posts,

• failed publications,

• regulatory compliance,

• intellectual property disputes,

• privacy or publicity rights disputes,

• or actions taken by Instagram, Meta, payment providers, artificial intelligence providers, or other providers.

MyAd does not guarantee audience growth, engagement, reach, impressions, conversions, sales, advertising performance, commercial success, platform visibility, brand growth, customer acquisition, revenue growth, follower growth, or any specific marketing, financial, reputational, or business outcome arising from the use of the platform, generated content, automations, paid services, or published materials.

To the maximum extent permitted by law, BRC9 LLC’s total aggregate liability arising out of or relating to the platform, paid services, subscriptions, generated content, uploaded materials, publishing workflows, or these Terms shall not exceed the greater of: (a) the amount paid by the user to MyAd during the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (USD 100).

The limitations, exclusions, and disclaimers in these Terms apply to the fullest extent permitted by applicable law and are intended to allocate risk between the parties. This allocation of risk is an essential element of the agreement between the user and MyAd.

Some jurisdictions may not allow certain limitations of liability, so portions of this section may not apply to certain users.

BRC9 LLC and MyAd shall not be responsible for delays, interruptions, failures, restrictions, or inability to provide services caused by events beyond their reasonable control, including infrastructure failures, internet outages, cyberattacks, provider restrictions, payment processor failures, platform enforcement actions, third-party provider failures, labor disputes, natural disasters, governmental actions, wars, pandemics, epidemics, utility interruptions, supply-chain disruptions, regulatory changes, API changes, or failures of external systems or platforms.

Users must comply with all applicable export control, sanctions, trade restriction, anti-corruption, and economic sanctions laws and regulations.

Users must not access or use MyAd if they are located in, organized under the laws of, ordinarily resident in, or otherwise subject to a country, territory, government, entity, or person that is subject to applicable sanctions, embargoes, or trade restrictions where such access or use would be prohibited.

Users represent and warrant that they are not prohibited, restricted, sanctioned, or otherwise barred from using MyAd under applicable United States or other applicable export control, sanctions, or trade laws.

Users must not use MyAd to export, re-export, transfer, provide, or make available any service, technology, content, or functionality in violation of applicable export control, sanctions, or trade restrictions.

MyAd will not use a customer’s name, logo, business identity, brand identity, identifiable uploaded materials, or identifiable customer materials for public marketing purposes without permission.

This does not prevent MyAd from using customer information internally as reasonably necessary to operate, maintain, support, secure, improve, and provide the platform.

This also does not prevent MyAd from using aggregated, anonymized, de-identified, or non-identifiable information for analytics, product improvement, operational improvement, business reporting, or general marketing statements that do not identify the customer.

These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

Users agree that any dispute, claim, or controversy arising out of or relating to these Terms, the platform, paid services, subscriptions, generated content, uploaded materials, publishing workflows, Instagram integrations, or the use of MyAd shall be subject to the competent courts located in the State of Florida, United States, subject to applicable law.

MyAd may modify or update these Terms periodically.

When material changes occur, the effective date displayed on this page may be updated.

Updated Terms may be posted on the MyAd website, inside the platform, or otherwise made available electronically.

Where appropriate, MyAd may notify users of material changes through electronic communications, in-platform notices, website notices, email, or other reasonable means.

MyAd may require users to accept updated Terms in order to continue using the platform.

If a user does not agree to updated Terms, the user must stop using MyAd.

Continued use of MyAd after updated Terms become effective may constitute acceptance of the revised Terms.

These Terms, together with the Privacy Policy, User Data Deletion page, and any additional terms, policies, subscription terms, checkout terms, or platform rules expressly referenced or made available by MyAd, constitute the entire agreement between the user and BRC9 LLC regarding the use of MyAd.

Users may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations under these Terms without MyAd’s prior written consent.

MyAd may assign, transfer, or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, change of control, operation of law, or business transfer.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

MyAd’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Section headings are for convenience only and do not affect interpretation.

The word “including” means “including without limitation.”

No third party shall have any rights to enforce these Terms unless expressly stated otherwise.

Questions regarding these Terms, Instagram authorization, privacy matters, intellectual property complaints, billing, subscriptions, account access, or platform access may be sent to BRC9 LLC at:

support@myadonline.com

BRC9 LLC is located at:

350 S MIAMI AVE
1212
MIAMI, FL 33130
United States