Terms of Service

The NowAds.ai service (the “Service”) is provided by 1st Agentic Engineering, s. r. o., with its registered office at Čajakova 2173/4, 010 01 Žilina, Slovensko, IČO 57 542 031, DIČ 2122810778, entered in: Obchodný register Okresného súdu Žilina, oddiel Sro, vložka č. 90781/L (the “Provider”).

Contact for all matters, including invoicing and complaints: [email protected], telephone +421 908 537 299. The postal address for complaints and for notice of termination is the registered office of the Provider, that is Čajakova 2173/4, 010 01 Žilina, Slovensko.

The Provider is not a VAT payer; the prices stated in these terms are final and value added tax is not added to them.

The Service is software available over the internet (SaaS). It makes it possible to connect the Customer’s advertising and analytics accounts (Google Ads, Meta, Microsoft Advertising, Sklik, Google Analytics 4), to read data from them, to build reports from that data and, once the Customer has confirmed it, to make changes in them. Part of the Service is an assistant that prepares and explains these operations.

The Provider does not sell advertising space. The Customer pays campaign budgets directly to the advertising platforms under those platforms’ own terms; the Provider does not receive them, does not re-invoice them, does not broker them and is not liable for them. The same applies to fees charged by suppliers of artificial intelligence where the Customer uses their own access key.

The Provider is not liable for the amounts, budgets, bids and other values the Customer sets. They are values in the Customer’s advertising account and are governed by the rules of that advertising platform, not by the rules of the Provider. How much is spent, when an advertisement is shown and what it will cost is determined by the platform under its own rules and its auction; the Provider does not enter into that and cannot influence it.

No value is written without the Customer’s confirmation. This applies equally whether the Customer operates the Service through the interface, through the assistant or through a connector in their own AI tool: before every write the Service shows exactly what will change and from which value to which, and carries it out only after express confirmation. Where the assistant proposed a value, it is a proposal; it becomes a decision upon the Customer’s confirmation and the Customer is liable for it just as if they had entered it by hand.

Every write that is carried out is recorded together with the original value and can be undone. Undoing removes the change for the future; money that the advertising platform has spent in the meantime cannot be recovered by the Provider or by the Service.

The Service is neither an advertising agency nor an advisory service. The Customer is responsible for the content of advertisements, for what is published, for the choice of keywords and targeting and for compliance with the terms of the individual advertising platforms. An advertising platform may reject an advertisement or restrict an account under its own rules; that is not a defect of the Service.

The Service is intended exclusively for traders within the meaning of § 2(2) of the Slovak Commercial Code (in particular persons entered in the commercial register and holders of a trade licence) and for foreign persons in a comparable position who order it in the course of their business. The Service is not provided to consumers, that is natural persons who, when ordering, are not acting in the course of their business or profession.

When registering, the Customer declares that they are ordering the Service in the course of their business, and in the invoicing details gives their business name, registered office or place of business, IČO and DIČ (a foreign Customer gives, instead of the IČO, their registration number under the law of the state of their seat and, instead of the DIČ, their VAT number or tax number). No proforma invoice is issued without these details. The Customer is responsible for the truth of the declaration and of the details. The Provider may verify the details in a public register.

The contract is concluded when the Provider confirms the order, at the latest when the Service is made available. Registration with a verified e-mail address is a condition.

The contract is governed by the Slovak Commercial Code.

Where it turns out that the Customer was not acting in the course of their business when ordering, or gave untrue identification details, the Provider may withdraw from the contract; it will refund the price for any period that has not yet begun.

The price of the Service is 49,00 € per month or 490,00 € per year. The Customer chooses the period when ordering; the annual subscription corresponds to ten months, so two months of the year are not charged.

It is the only price the Provider charges: there are no subscription tiers and no further paid features. Should any arise, they will be the subject of a separate notice under Art. 7. The price is final; the VAT regime is stated in Art. 1. The cost of advertising and of any own key to artificial intelligence is not included in the price (Art. 2).

Fair use of artificial intelligence (FUP). The price includes use of the assistant on the Provider’s key up to 50 % of the monthly price in a calendar month, that is, at the list price, up to €24.50 a month, and with an annual subscription up to €20.42 a month (from one twelfth of the annual price); usage is counted at the prices of the artificial intelligence supplier. With a different agreed price, the percentage is taken from that price; with an individual agreement on the limit, the limit agreed with the Customer applies. Once the limit is used up, the assistant does not continue on the Provider’s key until the end of the month; the workspace administrator may agree a higher limit (a higher plan at a different agreed price under the next paragraph) with the Provider, and the Customer may use their own key at any time, to which the limit does not apply.

The Provider may agree a price with a Customer other than the one stated above. Such a price applies only to that Customer, is stated in that Customer’s invoice and does not otherwise affect these terms.

Payment is made by bank transfer on the basis of a proforma invoice. The Provider does not use a payment gateway, does not accept payment cards and does not store any payment details of the Customer.

The Service is available during the trial period and during a paid period. The trial period lasts 7 days from the day the workspace is set up and is free of charge. For a workspace set up before the Provider began to apply suspension under this article that on that day has neither a paid period nor a terminated contract, the trial lasts at least 7 days from that day. During the trial period and after it until the subscription is paid, these daily caps apply to the workspace’s assistant, connector and reports: Google Ads API operations 100, Meta Graph API calls 100, Microsoft Ads API calls 100, GA4 API calls 100; every platform call made on behalf of the workspace counts towards them. They do not apply in a paid period or in a period made available by the Provider. Until the subscription is paid, at most 10 confirmed writes in total can be made in advertising accounts (one write may contain several changes; undoing a change does not count). Campaigns, ad groups and ads are not switched on or created switched on during that time, except by undoing the Customer’s own change, and the assistant prepares a new campaign only as a preview; creating it in the advertising account will be possible once the subscription has been paid. Artificial intelligence on the Provider’s key is limited during the trial period to €3.50 per 7 days; after the trial ends without payment, the assistant does not provide it on the Provider’s key. These artificial intelligence limits do not apply with the Customer’s own key. In a period made available by the Provider, the limits on writes do not apply; artificial intelligence on the Provider’s key is then limited under Art. 4 (promotional access) or by a limit the Provider sets for such access (demo account, individual agreement). The Service is also available without payment when the Provider makes it available itself, in particular as promotional access or a demo account; nothing is invoiced for a period made available in this way.

Before the end of a period during which the Service is available, the Provider issues a proforma invoice for the next period and delivers it electronically to the Customer’s e-mail address: 7 days before the end of a monthly period and 14 days before the end of an annual one, and after the trial period 2 days before its end. The proforma invoice is issued to the invoicing details the Customer has entered in the Service (Art. 3); until they are filled in, it cannot be issued. A proforma invoice is neither a tax document nor an accounting document; it is a request for payment, and an unpaid proforma invoice does not constitute a debt. It falls due on the last day of the current period (for a suspended workspace on the day it is issued; where the Provider extends or shortens the current period, the due date is aligned with its new last day). Payment is made on the day it is credited to account SK9083300000002603473332. When paying, the variable symbol stated on the proforma invoice must be given; without it the payment cannot be matched automatically.

The Provider checks for incoming payments automatically and repeatedly, so nothing has to be sent or reported. The Provider issues the invoice only after the payment has been received and sends it to the Customer by e-mail.

If the Provider introduces payment by payment card, it will give notice of it under Art. 19 and, from its introduction, the following applies to Customers who choose it: the price is charged to the card upon ordering and upon each renewal, the Customer consents to this by choosing that method of payment, the Service is made available upon the charge being taken, and the card details are processed by the payment gateway provider, not by the Provider. Until cards are introduced, payment is made solely by transfer under this article and this paragraph does not apply.

If the next period has not been paid for by the end of the current period, the Service is suspended from 00:00 on the following day (Slovak time). The suspension applies to the whole workspace, to all of its members and to every means of access, including the connector in the Customer’s own AI tool: it is not possible to read data, to build or export reports, to use the assistant or to write to advertising accounts, scheduled reports are not sent and shared links do not open. Only what serves to pay and to leave remains available: signing in, the subscription page with the proforma invoice and the documents, the invoicing details, the profile (password, two-step verification, deleting the profile), the Customer’s own AI keys, disconnecting the Customer’s own platform connections and the connector, for the administrator also disconnecting the workspace’s platform connections and removing the workspace’s AI key, and the help pages and the support form. Suspension is not a termination of the contract and nothing is deleted by it (Art. 18).

Access is restored once a payment bearing the variable symbol of the proforma invoice, for exactly the amount still outstanding on it, has been credited to the Provider’s account and matched with the proforma invoice; any other payment is matched by the Provider manually, and access is restored once the proforma invoice has been paid in full. The Provider does not promise when that will be: a transfer from another bank or from abroad may take longer. A period paid for after a suspension begins on the day the payment is credited (Art. 6).

A paid period lasts one month or one year from the day on which it begins (for example from 15 October to 14 November inclusive), depending on which period the Customer chose when ordering (Art. 4). At the end of the period the contract is renewed for the same period unless one of the parties terminates it under Art. 8; the Service is, however, provided in the next period only once the proforma invoice for it has been paid (Art. 5).

Where the Customer pays the proforma invoice by its due date, the new period follows on from the end of the current one, so paying in advance does not cost a single day. Where the Customer pays it only after a suspension, the new period begins on the day the payment is credited.

The Provider sends the proforma invoice for the next period by e-mail within the time stated in Art. 5 and states in it the amount, the period and the due date, so that the Customer has time to prepare the payment or to terminate the contract. Until it is paid, the Provider will also remind the Customer of it by e-mail before the end of the period.

The Provider may change the price for the future. It will notify the Customer of the change by e-mail at least 30 days before it takes effect and will state in that notice both the old and the new amount and the day from which the new price applies.

The new price does not apply to a period that has already been paid for. If the Customer does not agree with the change, they may terminate the contract under Art. 8 by the day the change takes effect; until then the original price applies and the termination carries no penalty.

The Customer may terminate the contract at any time by notice sent to the contact e-mail address; closing the workspace in the Service is governed by Art. 18. The termination takes effect at the end of the last period during which the Service is available under Art. 5 (paid, trial or made available by the Provider), unless the parties agree otherwise. After termination the subscription is not renewed: the current period runs out, no further proforma invoice is issued and a proforma invoice already issued and not yet paid is cancelled.

The Provider may terminate the contract with a notice period of 30 days. It may withdraw without a notice period only upon a material breach of these terms by the Customer, in particular upon conduct that endangers the operation of the Service or the accounts of other Customers; it must notify the Customer of the reason in writing.

After the contract ends, the Service is suspended in the same way as for an unpaid period (Art. 5) and the Provider will make an export of the Customer’s data available on request under Art. 18.

The Service is provided only to traders (Art. 3), so the statutory right of a consumer to withdraw from the contract within 14 days does not apply; the contract may be terminated at any time under Art. 8.

Except in the cases under Art. 3, Art. 8 (where the Provider terminates or withdraws from the contract, it refunds the price for the unused part of the period paid for) and Art. 12, the Provider offers no refund of the price paid. Upon termination by the Customer the Service remains available until the end of the period paid for and no proportionate part of the price is refunded.

The risk before the purchase is carried by the free trial period of 7 days under Art. 5: the Customer tries the Service to the extent the trial period allows before paying for it for the first time.

The Provider operates the Service with professional care and strives for its uninterrupted availability. It gives notice of planned outages in advance and carries them out at the times of lowest traffic.

Availability is not guaranteed by a percentage. To promise a figure that is neither measured nor reported would be a commitment without cover. The Provider may agree a level of availability with a Customer separately; such an agreement applies only to that Customer.

Outages on the side of the advertising and analytics platforms, changes to their interfaces and restrictions of their daily limits are not outages of the Service. The Provider informs the Customer of them and deals with them without undue delay.

Where the Service does not work as described, the Customer shall report it to [email protected]. The Provider will acknowledge receipt of the complaint, assess it and settle it without undue delay, at the latest within 30 days of the day it was made.

Where a defect cannot be remedied and the Customer therefore cannot use the Service, the Customer has the right to a reasonable discount from the price for the period concerned or to withdraw from the contract.

The details, that is what is and what is not regarded as a defect, what a complaint has to contain, what the periods are and how a complaint is settled, are governed by the complaints procedure, which forms an inseparable part of these terms.

The Provider is liable for the Service doing what is described about it. It is not liable for the results of advertising campaigns, for the decisions the Customer makes on the basis of data from the Service, or for the conduct of the advertising platforms.

The Service makes changes in advertising accounts on the Customer’s instruction and after the Customer has confirmed them. The Customer is responsible for whom they grant write permission within their workspace.

Limit of damages. Except for damage under “What cannot be limited”, the total damages from all claims are limited to the amount the Customer paid for the Service over the twelve months preceding the event from which the claim arose. Where the Customer has not yet paid for the Service, the limit is the price of one monthly subscription.

What is not compensated. No compensation is provided for lost profit, loss of income, loss of a business opportunity, loss of goodwill, advertising spend used up by an advertising platform, or indirect or consequential damage. These are losses whose amount is determined by the market and by the Customer’s decisions, not by the functioning of the software.

What cannot be limited, and what we do not try to limit. Liability for damage caused intentionally or by gross negligence, for damage to health and for loss of life cannot be excluded.

Backups and data. The Provider backs up the data of the Service and does so with professional care; it is not, however, an archive of the Customer’s data: the Customer has the right to an export under Art. 18 and it is for the Customer to decide whether to use it.

The Service accesses the advertising and analytics platforms on behalf of the Customer on the basis of an authorisation the Customer granted and which the Customer may revoke at any time in the settings of the Service or directly with the platform.

The daily limits of third-party interfaces are a property of those platforms, not of the Service. Some of them are shared by several of the Provider’s Customers; where such a limit is exhausted, the function concerned temporarily does not work even for a Customer who did not exhaust it themselves. The Provider monitors consumption and gives notice when a limit is exhausted.

Where the Customer uses their own key to artificial intelligence, the relationship with its supplier is the Customer’s own, including the price and the terms.

The Customer is responsible for the security of their account and access credentials and for the conduct of the persons they invite into their workspace.

The Customer must not use the Service for unlawful purposes, attempt to access the data of other Customers, circumvent operational restrictions or burden the Service in a way that endangers its availability for others.

The Customer is obliged to comply with the terms of the advertising platforms they use through the Service.

The processing of personal data is described in the Privacy Policy. Access tokens to advertising accounts and any key to artificial intelligence are stored encrypted.

Where the Provider processes personal data of third parties for the Customer (for example data from the Customer’s advertising and analytics accounts), it does so as a processor. That relationship is governed by a separate data processing agreement under Art. 28 of the GDPR, which is not part of these terms and is concluded separately. These terms do not replace it.

Files the Customer uploads for processing (spreadsheets and exports in .xlsx, .csv and .tsv format) are not kept permanently. The Provider keeps them for at most 24 hours from upload, solely so that the Service can process them, and then deletes them automatically, including the file on disk. The Customer may delete them sooner at any time. Their content is passed to the artificial intelligence provider on whose key the assistant is running (the Customer’s, the workspace’s or the Provider’s); whatever is produced from the file (for example a report in a Google spreadsheet) remains the Customer’s and this period does not apply to it.

The Provider keeps confidential the data of the Customer that it comes into contact with while providing the Service and will not use it for any purpose other than providing the Service and improving it in relation to that Customer.

The data of the Customer is not provided to third parties for marketing purposes and is not used to train artificial intelligence models.

After the contract ends, the Provider will make an export of the Customer’s data available on request for 30 days. After that time it will delete the data, including access tokens and keys; it will keep only what it has to keep by law, in particular accounting records, and what the paragraph on closing the last profile below and the Privacy Policy list.

A suspension of the Service for an unpaid period (Art. 5) is not a termination of the contract and no data is deleted by it. During a suspension the Service including export is unavailable, except for what Art. 5 lists; whatever the Customer does not disconnect or remove themselves remains stored and is available again once access is restored, except uploaded files, which are deleted under Art. 16.

If the Customer deletes in the Service the profile of the last person in the workspace, the whole workspace is closed with it and the contract ends immediately; no export under paragraph 1 and Art. 8 is provided in that case. The workspace’s data is deleted from the production database at once. What remains: the documents issued (invoices and proforma invoices, including cancelled ones, with the Customer’s invoicing details), records of payments and of payment e-mails sent, operational records (logs), e-mails exchanged between the Customer and the Provider, the record of the trader declaration at registration (Art. 3) and the price and limits the Provider set for the workspace, and the record of the day the workspace ceased and its name; database backups keep all data until they are deleted. How long each of these is kept is set out in the Privacy Policy. An unpaid proforma invoice is cancelled.

The Provider may amend these terms. It will give notice of the change by e-mail or by a notice within the Service at least 30 days before it takes effect, together with what the change concerns.

Where the Customer does not agree with the change, they may terminate the contract by the day it takes effect; until then the existing wording applies. A change that worsens the position of the Customer does not apply to a period already paid for.

Disputes are resolved primarily by agreement. A complaint may be sent to [email protected]; the Provider will answer it without undue delay.

The supervisory authority for the obligations under Act No. 22/2004 Coll. on electronic commerce is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), for the registered office of the Provider its Inšpektorát SOI pre Žilinský kraj, Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, odbor výkonu dohľadu.

The contract is governed by the law of the Slovak Republic and disputes fall to the Slovak courts; no arbitration is agreed.

The contract and these terms are governed by the law of the Slovak Republic. Where any provision is invalid, the remaining provisions stay in force.

These terms take effect on the day this wording is published at nowads.ai/terms and replace the previous wording.