Terms of service

Who is bound, when the agreement is formed, and how it relates to the mutual NDA executed at the start of intake.

• Formation at checkout, not at account creation.
• Relationship between these terms, the NDA, and the privacy policy.
• Eligibility: business use, age, and authority to bind a company.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

A definition of the deliverable so there is no ambiguity about what was bought: an independent market test run to a specification, ending in a written verdict measured against a benchmark the customer sealed.

• Definitions: test, flight, sealed benchmark, verdict, ad spend, service fee.
• We are an independent testing service. We are not an agency, a marketing retainer, or a fulfilment partner.
• Targeting, creative, platform selection, and measurement methodology are ours to set; the customer's audience hypothesis informs but does not direct them.
• Scope of a single test: one decision, one sealed benchmark, one verdict.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

The central term of this agreement, and the one most likely to be tested. It must be unambiguous, prominent, and separately acknowledged at checkout.

We guarantee the test runs as specified — the ad spend goes out, the audiences are cold, the measurement is honest, and the verdict is delivered. We never guarantee the outcome. A fail is a delivered result, not a failure to deliver.

• A verdict of fail or inconclusive is full performance of this agreement.
• No representation is made that a test will produce a pass, a sale, a customer, or any commercial result.
• No representation is made that a passing test predicts commercial success at scale.
• The customer remains solely responsible for every decision taken on the basis of a verdict.
• Signal volume depends on the ad spend chosen; the honest expectations copy shown at purchase is part of this term.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

How money is taken and what each part of it buys. Service fee and ad spend are collected together, in advance, in one Stripe transaction.

No payment, no test. Nothing runs before payment clears, and the benchmark is sealed at the moment payment succeeds.

• Itemisation: service fee and ad-spend budget, both disclosed at checkout. Every cent of the ad-spend budget goes to the ad platforms.
• Ad spend is passed to the advertising platforms and is consumed once the campaign is live.
• Currency, taxes, and who bears payment-processing fees.
• What happens to unspent ad budget if a flight ends early.
• Prices are those displayed at the time of purchase; changes are not retroactive.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Precisely which stage a test is at when a refund is and is not available, tied to the pipeline stages the customer can see in their dashboard.

• Refundable before creative production begins, less any costs already incurred.
• Once a campaign is live, ad spend is not recoverable — it has been paid to the platforms.
• If we fail to run the test as specified, the customer is refunded. This is the only outcome-independent refund trigger.
• The kill/adjust rule: what happens when a test is stopped in flight, and when that results in a relaunch versus a refund.
• Refund method, timing, and the effect of a refund on the sealed benchmark record (the record persists — sealed data is permanent).
• Any statutory cancellation rights that cannot be excluded.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Chargeback exposure is structural for a service whose customers sometimes receive news they do not want. This clause must make the no-results-guarantee acknowledgement, the delivery evidence, and the dispute path explicit.

A verdict the customer disagrees with is not a failure of delivery. Dissatisfaction with the outcome of a test is not grounds for a chargeback, because the outcome was never what was sold.

• Customer agrees to raise any billing concern with us before initiating a chargeback, and to a defined good-faith response window.
• Evidence we retain and will submit: the sealed benchmark with its immutable timestamp, the intake record, the acceptance record for these terms and the no-results-guarantee, campaign and delivery records, the activity feed, and the delivered verdict.
• Consequences of a chargeback filed contrary to this clause: recovery of processor fees and administrative costs, and suspension of the account.
• Fraudulent or unauthorised transactions are excluded from this clause and handled separately.
• Governing dispute path and escalation before any card-network dispute.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

The mechanic is a product guarantee enforced in the database, and the terms should say so rather than merely promise it.

Once sealed, a benchmark cannot be edited or deleted — by the customer or by us. The verdict is measured against the sealed line and nothing else.

• Sealing occurs at successful payment and is timestamped.
• Neither party may amend a sealed benchmark; a changed benchmark requires a new test.
• Activity shown during a flight is volume only and is never a partial or forming verdict.
• The measured value reported in a verdict is the value observed, reported without adjustment.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

The customer keeps everything they bring. We take only the narrow licence needed to run their test.

• Customer retains all rights in ideas, descriptions, images, video, trade marks, and product designs supplied.
• Limited, revocable licence to use that material solely to produce creative and run the customer's test.
• No licence to manufacture, distribute, resell, sublicense, or use the material to train any model.
• Customer warrants they own or are licensed to use everything they upload.
• Deletion and retention on request, and the interaction with records we must keep.
• Interaction with the mutual NDA, which governs disclosure and survives this agreement.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

What we own, and what the customer may do with the report they receive.

• We retain rights in the platform, the methodology, and the ad creative we produce.
• Customer receives a perpetual right to use their verdict report for their own business purposes, including sharing it with investors, suppliers, and co-founders.
• Attribution and restrictions on public use of the report or our name.
• Case-study publication is opt-in and requires separate written consent. We publish only tests we have actually run.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

A market test is run in public by design. This must be disclosed as an accepted characteristic of the service, not a defect.

• Ads are shown to cold audiences who are not bound by any confidentiality obligation.
• We minimise disclosure to what the test requires and honour written exclusions given at intake.
• Customers pursuing patent protection are responsible for their own disclosure timing; we recommend they take advice before any public test.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Categories we will not test, and the consequences of misrepresenting one at intake.

• Anything unlawful, infringing, or prohibited by Meta or TikTok advertising policies.
• Regulated categories requiring approvals we do not hold.
• Our right to decline or stop a test on these grounds, and the refund position when we do.
• Platform policy rejection: what happens when an ad account or creative is rejected by a platform for reasons outside our control.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Account security, permitted users, and grounds for suspension.

• One account per customer; credentials are not to be shared.
• Customer is responsible for activity under their account.
• Suspension and termination grounds, notice, and the effect on a test in flight.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

What we commit to on uptime and timing, expressed honestly for a service with a manual operational layer.

• Target flight window and verdict timing are targets, not warranties.
• Causes of delay outside our control, including platform review and account issues.
• Notice we give when a timeline moves.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Statutory disclaimers, scoped so that they do not contradict the specific promise we do make about how the test is run.

• Service provided without implied warranties to the extent permitted by law.
• No professional, legal, financial, or investment advice is given.
• Third-party platform performance is outside our control.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Cap and exclusions, sized against a fixed-fee service and drafted so the cap survives a challenge.

• Aggregate cap referenced to fees paid for the test giving rise to the claim.
• Exclusion of lost profits, lost opportunity, and consequential loss — including losses said to arise from acting or not acting on a verdict.
• Carve-outs that cannot be limited by law.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Customer indemnity for claims arising from the material they supply and the products they sell.

• Third-party IP claims arising from customer material.
• Regulatory claims arising from the customer's product or claims made about it.
• Conduct-of-claim mechanics.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

How these terms sit alongside the mutual NDA signed at step zero of intake.

• The NDA governs and survives; these terms do not narrow it.
• The NDA version accepted at intake is the version that binds, and the countersigned copy stays available in the dashboard.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

How amendments are made and which version applies to a test already purchased.

The version in force when a test is purchased governs that test. Changes are never applied retroactively to a sealed test.

• Notice period and method.
• Versioning and archive of past terms.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Jurisdiction, venue, and the escalation path before formal proceedings.

• Governing law and courts.
• Good-faith negotiation window before any claim.
• Whether arbitration or a class-action waiver applies, and any consumer carve-outs.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Standard boilerplate.

• Entire agreement, severability, waiver, assignment, force majeure, notices, and survival.

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.

Where legal notices are sent and how to reach a human about a bill.

• [Registered company name pending]
• [Registered address pending]
• [Legal contact email pending]

[PENDING LEGAL REVIEW] — operative text for this clause has not been drafted.