Our services are only for the use of business and professional users. (“you”, “your”, “customers”) and not for private individuals or households.
You must not access our services unless:
You are acting on behalf of your company or organisation and have explicit authorisation to do so.
You are acting in a professional or business capacity.
You have authority to enter in to the terms and conditions of this agreement on behalf of your company or organisation, as these terms form a legally binding contract.
1. The Service and rights of use.
1.1 We provide you with an Ai powered marketing software that allows you to create, optimise and manage ads on Facebook and Instagram (“service/s”). In order to use our Services, you must have an advertising account with Facebook and/or Instagram and share / link this with us.
1.2 Access to our service will be via a limited non-exclusive, non-transferable arrangement against payment for the services. You will be responsible for setting your own user account and password, protecting this from other unauthorised users or third parties.
1.3 This service is only to be used by you for your own business/es. You shall not access this service as an attempt to build a competitor product, copy any features, duplicate, download any content or graphics of the service. Attempt to access any source code, decrypt or reverse engineer any parts of the software.
1.4 You agree that all intellectual property rights, title and interest of the service (e.g. website, content, images, software) are owned and remain the property of Filed.
1.5 You are solely responsible for the advertising content that you or your authorised users publish via the service. We will not be liable for any ad content uploaded or published via our services by you or any other authorised user or third party. You must not use the service against any of Facebooks term and conditions of use; or for any unlawful purposes. You must also comply with your local jurisdictions advertising code of conduct.
1.6 You will retain all rights for your ad content which you use through our services. We will make suggestions to assist with the improved performance of your ad content through our services.
1.7 You may provide suggestions or comments to help improve the service provided by us. Any feedback you provide to us will automatically grant us permission to use this feedback on a non-exclusive basis, effective under free license.
1.8 We aim to ensure that the service is available 24/7 expect where it may be necessary for temporary maintenance, updates or repairs. We accept no responsibility or liability for these disruptions or usage breaks in the service.
2. Registration, Trial periods and Payment
2.1 To access the service you will need to register with the Filed platform. Following this you will need to link your Facebook ad account to our service. We aim to get this service live for you immediately, or as soon as possible following your request.
2.2 The service is subject to a 14-day free trial, which will be integrated into your first month of service unless specified by us.
2.3 The fee to use our service is a percentage based on your advertising spend per ad account, or a minimum monthly fee. This can be discussed with your Client Success Manager or Client Growth Manager. Fees will be calculated automatically and charged after each calendar month based on the actual ad spend. You must pay fees on time and we may require you to provide us with a valid debit or credit card or other agreed payment method (E.g. by invoice). The fees shown or discussed are exclusive of any VAT/GST or additional government charges, taxes or levies imposed.
2.4 You are at all times directly responsible for the payment to Facebook and Instagram for ads placed on these platforms purchased via our service.
3. Third Party Services
3.1 We are not responsible for any of the services provided by Facebook or Instagram, or any other platforms whose services we may connect with in the future (i.e. LinkedIn). If you use our services to connect with these third-party services, you do so at your own risk and you must adhere to follow their terms and conditions and policies which they put forward to users of their platforms.
3.2 We are not responsible and take no liability for the ad content you choose to put on these third- party platforms and you must bear all the risks associated with publishing these ads. We however do have the right to review your ad content and may modify or notify you as deemed necessary.
3.3 You understand that the service is dependent on the functionality of the third-party services. We take no responsibility or liability for the reliability of the third-party platform, changes they make or restrictions they may impose, or the third-party services cease to provide access to their services or make these available to us.
3.4 We will make required updates to our service that third-party service providers release in terms of improved functionality, system improvements and lawful changes. We accept no responsibility or liability if these changes affect you or your ad campaigns.
4. Cancellation and Termination
These terms remain in effect till such time either you or; us cancel or terminate them in accordance with section 4 of these terms.
4.1 We or; you can cancel these terms of agreement at any time giving at least 30 days written notice. You will continue to pay throughout this notice period and are not entitled to any refunds.
4.2 We or; you may terminate these services immediately if:
a) either we or you commit a material breach of the obligations under these terms and fail to remedy this beach within 14 days following written notification of the said breach.
b) any fees payable for the service are outstanding by you which could fall under clause 4.2 a).
c) any action that you take through use of the services that could lead to a risk, or legal exposure to us.
4.3 Upon cancellation or termination you are obliged to cease use of the service provided by us. We will restrict access to your account and you shall be liable to pay us any outstanding payment owing for use of the service.
5.1 Any non-public information shared by us to you, or you to us which is marked confidential will be treated in confidence. You or us will use reasonable measures to ensure security of this information is maintained.
5.2 We may collect information to assist with market analysis and research to improve our product and our service to you. We may store this information as long as it does not identify any individual, business or organisation.
5.3 Upon cancellation or termination, you and; us agree to keep a copy of this agreement for 5 years and treat all terms of this agreement as confidential.
6. Data Protection
7. Disclaimer and Warranties
7.1 You understand that the service is dependent on the third-party services in which your advertising campaigns are carried out. We have no obligations to guarantee the performance of the service and cannot manage customer interaction with your ads.
7.2 We do not accept liability for the function of any third-party services that could affect the performance of the service.
7.3 Any information or advice given to you by us whether written or oral will not create any warranty or condition not stated within these terms.
8.1 We reserve the right to change the pricing, working methods, functions and terms within the service with or without notice.
8.2 We will be entitled to use your name and logo for advertising services.
8.3 These terms constitute the entire agreement and no right under these terms can be waived without written consent by us.
8.4 Upon registering for the service you will be agreeing to these terms as part of the Free Trial (if applicable) or onboarding sign up process.
9. Force Majeure
Apart from payment obligations neither you or us shall be liable for the failure to perform any obligations whereby delays, or failure results due to circumstances beyond your or our reasonable control. E.g. flood, fire, acts of terrorism, government or authority intervention, changes in law, civil or military action, acts of war, act of god, strikes and industrial action.
10. Applicable Law & Dispute Resolution
10.1 These terms and conditions will be governed by the Laws of England and Wales.