Terms and Conditions of Service
Advertwize, operated by YAKIMELEMPIRE LLC. Last updated: October 29, 2026
1. Introduction and Acceptance of Terms#
Welcome to Advertwize (“Advertwize,” “Company,” “we,” “us,” or “our”). Advertwize is the brand name of YAKIMELEMPIRE LLC, a company registered under the laws of New York, with its principal business address at Garnerville, NY. References to “Advertwize” mean that legal entity.
These Terms and Conditions (“Terms”) govern your access to and use of the Advertwize website, platform, applications, software, artificial intelligence tools, APIs, integrations, subscription services, and related products and services (collectively, the “Services”). Advertwize is an artificial intelligence platform designed to provide individuals, professionals, businesses, organizations, and other authorized users with access to AI-powered tools and digital solutions.
By accessing, registering for, subscribing to, or using any part of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our applicable Privacy Policy and other policies incorporated by reference.
If you do not agree to these Terms, you must not access or use the Services.
If you use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such circumstances, “you” includes both you and the entity you represent.
2. Eligibility and Account Registration#
2.1 Eligibility
You must be legally capable of entering into a binding agreement to use the Services. If you are acting on behalf of a business, you must have the authority to accept these Terms on its behalf.
You must not use the Services if doing so would violate applicable law or a legal restriction that applies to you.
2.2 Account Creation
Certain features may require you to create an account and provide accurate, current, and complete registration information.
You agree to:
- Provide truthful and accurate account information.
- Keep your account information up to date.
- Maintain the confidentiality of your login credentials.
- Take reasonable steps to prevent unauthorized access to your account.
- Notify us promptly if you suspect unauthorized access, fraud, or a security breach involving your account.
You are responsible for activities conducted through your account, except to the extent that applicable law provides otherwise or the activity results from our own breach or failure for which we are legally responsible.
2.3 Account Restrictions
We reserve the right to reject registration requests, require verification, restrict access, or suspend accounts where reasonably necessary to protect the platform, its users, our business, or compliance with applicable law.
We will exercise these rights in accordance with applicable legal requirements.
3. Description of Services#
Advertwize may offer a range of artificial intelligence and technology services, including, without limitation, subject to the features actually made available under your account or plan:
- AI-powered conversational assistants.
- Text, writing, and content generation.
- Image, audio, video, and other media generation, where available.
- Research, summarization, and information analysis.
- Business productivity and workflow automation.
- Coding, software development assistance, and technical support.
- Document processing and data analysis.
- Business, marketing, and customer-support tools.
- AI integrations, APIs, and third-party service connections.
- Subscription-based professional and enterprise features.
The specific features available to you may depend on your subscription, location, account status, technical requirements, and the products we make available.
We may introduce, modify, improve, replace, or discontinue features as our technology and business evolve, subject to applicable law and any contractual commitments that apply to your subscription. Advertwize does not guarantee that every feature will always be available, uninterrupted, error-free, or compatible with every device, application, or external service.
3A. Feature-specific Terms#
APIs and Third-Party Integrations
API access and integrations may be subject to separate technical documentation, rate limits, credentials, third-party terms, and additional fees. You must protect API keys and tokens, monitor usage, revoke compromised credentials promptly, and ensure that connected services are used lawfully. We may impose reasonable rate limits or suspend credentials to protect security and service stability.
File Uploads and Data Analysis
You must have the rights and legal authority to upload and analyze each file or dataset. You are responsible for checking uploaded files for malware, removing unnecessary sensitive information, verifying analytical results, and ensuring that any resulting decisions comply with applicable law. Do not upload regulated or confidential data unless the applicable service and written agreements support that use.
AI Coding Tools
Code generated by the Services may contain defects, vulnerabilities, licensing issues, or unsuitable dependencies. You are responsible for reviewing, testing, securing, and validating generated code before deploying it, and for complying with applicable open-source and third-party license terms.
Business Automation
Automation features may perform actions, trigger workflows, or interact with connected systems according to your configuration. You are responsible for reviewing permissions, testing workflows, maintaining appropriate human oversight, and verifying actions before enabling automation that can affect customers, employees, finances, records, or external systems. Do not connect systems or authorize actions unless you have authority to do so.
Image, Audio, and Video Generation
Generated or edited media may depict real or fictional people, places, events, or products. You are responsible for having the rights and permissions needed for materials you upload or request, for complying with applicable disclosure and labeling rules, and for avoiding deceptive, defamatory, infringing, or unlawful uses.
Text, Chat, and Generated Content
Text and chat tools may produce drafts, summaries, recommendations, translations, code, and other responses. Outputs may be incomplete or incorrect and should be reviewed before use or publication.
4. Acceptable Use Policy#
You agree to use Advertwize responsibly, lawfully, and in accordance with these Terms.
You must not use the Services to:
- Violate any applicable local, state, federal, national, or international law or regulation.
- Commit fraud, deception, identity theft, impersonation, or other unlawful activity.
- Generate, distribute, or facilitate unlawful content or content that violates the rights of others.
- Harass, threaten, stalk, exploit, defame, or unlawfully discriminate against another person.
- Develop, distribute, or facilitate malware, ransomware, credential theft, phishing, or other malicious cyber activity.
- Attempt to gain unauthorized access to accounts, systems, networks, data, or infrastructure.
- Circumvent security controls, usage restrictions, authentication mechanisms, or technical safeguards.
- Scrape, harvest, or extract data from the Services through unauthorized automated means.
- Reverse engineer, decompile, or attempt to discover the source code, model weights, or underlying architecture of our proprietary systems, except where such restrictions are prohibited by applicable law.
- Use the Services to infringe copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other legal rights.
- Upload or process personal information, confidential information, or regulated data without the legal authority and permissions required to do so.
- Misrepresent AI-generated content as verified fact, professional certification, or human-authored work where such misrepresentation is unlawful or otherwise prohibited.
- Use the Services to make consequential decisions about individuals in ways that violate applicable law.
- Overload, disrupt, impair, or interfere with the performance, security, or availability of the platform.
- Resell, sublicense, or commercially exploit access to the Services except as expressly authorized by us or permitted under your applicable plan.
- Remove proprietary notices or bypass licensing, usage, or access restrictions.
- Use the Services in a manner that creates a reasonably foreseeable and unlawful risk of harm to individuals, organizations, or the public.
We may investigate suspected violations and take proportionate action, including warnings, content restrictions, rate limits, suspension, termination, or referral to appropriate authorities where legally required or justified.
Nothing in this section is intended to prohibit lawful activities or restrict rights that cannot legally be waived.
5. Artificial Intelligence Disclaimer#
5.1 AI-Generated Results
The Services may generate text, recommendations, summaries, code, images, analyses, predictions, and other outputs using artificial intelligence models.
AI-generated results may be inaccurate, incomplete, outdated, misleading, biased, inappropriate, or unsuitable for your intended purpose.
You acknowledge that AI-generated content is not guaranteed to be correct, complete, original, reliable, or fit for a particular purpose.
You are responsible for reviewing and independently verifying AI-generated results before relying on, publishing, distributing, implementing, or acting upon them.
5.2 No Professional Advice
Unless expressly agreed in a separate written agreement, the Services do not provide a substitute for qualified professional advice.
AI-generated content should not be treated as a replacement for legal, medical, psychological, financial, tax, accounting, engineering, cybersecurity, or other professional advice.
You should consult an appropriately qualified professional before making decisions that could materially affect your rights, finances, health, safety, business, or legal obligations.
5.3 Human Oversight
You are responsible for determining whether and how AI-generated results should be used.
Where decisions may materially affect a person or organization, you should implement appropriate human review, verification, testing, and safeguards.
5.4 No Guarantee of Originality
AI-generated content may resemble content created by other users or third parties. We do not guarantee that any output is unique, non-infringing, or eligible for copyright, trademark, patent, or other intellectual property protection.
You are responsible for assessing the legal suitability of your intended use.
6. User Content and Data#
6.1 Your Content
“User Content” means the information, prompts, files, text, images, code, documents, data, and other materials that you submit, upload, transmit, or otherwise provide through the Services.
As between you and Advertwize, you retain the rights you hold in your User Content, subject to third-party rights, applicable law, and the licenses necessary to operate the Services.
6.2 Limited License to Operate the Services
You grant Advertwize a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display your User Content solely as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Services, comply with legal obligations, and enforce these Terms.
This license lasts only for the period and purposes reasonably necessary for those activities, subject to applicable retention obligations, backups, and your rights under our Privacy Policy.
We will not obtain ownership of your User Content merely because you use the Services.
Any use of User Content for AI model training or improvement must be governed by the disclosures, settings, consent mechanisms, or separate agreements applicable to your service and account.
6.3 Your Responsibilities
You represent and warrant that you have the rights, permissions, consents, and legal authority necessary to submit your User Content and authorize its processing as described in these Terms.
You must not submit content that unlawfully discloses another person’s confidential information, personal data, trade secrets, or intellectual property.
6.4 Confidential Information
You are responsible for evaluating whether the Services are suitable for sensitive or confidential information.
Unless we expressly agree otherwise in writing, you should not submit information that requires specialized contractual, regulatory, or security protections that the Services have not been represented as providing.
Enterprise or business customers requiring enhanced confidentiality, data processing, security, or compliance commitments may need a separate written agreement.
7. Intellectual Property Rights#
7.1 Company Ownership
Except for rights expressly granted to you, Advertwize and its licensors retain all rights, title, and interest in and to the platform and its proprietary components, including:
- Software, source code, and system architecture.
- Platform design, interfaces, and functionality.
- Company names, trademarks, logos, and branding.
- Proprietary documentation and materials.
- Proprietary workflows, technology, and infrastructure.
- Platform-related intellectual property and improvements.
These rights are protected by applicable intellectual property laws.
Nothing in these Terms transfers ownership of Advertwize’s intellectual property to you.
7.2 Limited Right to Use the Platform
Subject to your compliance with these Terms and any applicable subscription agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.
This license does not authorize you to copy, distribute, modify, sell, sublicense, or commercially exploit our proprietary platform except as expressly permitted by us.
7.3 AI-Generated Outputs
As between you and Advertwize, and to the extent permitted by applicable law and the rights of third parties, we do not claim ownership of your generated outputs solely because they were generated through the Services.
You may use generated outputs for lawful personal or commercial purposes, subject to your subscription terms, third-party rights, applicable law, and any restrictions disclosed for the relevant feature.
We do not guarantee that generated outputs are eligible for intellectual property protection or that you will obtain exclusive rights over them.
7.4 Feedback
If you voluntarily submit suggestions, ideas, or feedback regarding the Services, you grant us permission to use that feedback to improve our products and business without compensation to you, to the extent permitted by law.
This provision does not grant us ownership of your confidential information or your independently owned intellectual property contained in such feedback.
8. Subscriptions, Fees, and Payments#
8.1 Paid Services
Certain Services may require payment through a subscription, usage-based fee, one-time purchase, enterprise agreement, or another disclosed pricing arrangement.
Applicable fees, billing intervals, usage limits, and plan features will be presented at the time of purchase or in your applicable agreement.
8.2 Recurring Billing
If you purchase a recurring subscription, you authorize Advertwize or its designated payment processor to charge the applicable fees and taxes using your selected payment method at the disclosed intervals until the subscription is canceled. Before purchase, we will disclose the price, billing frequency, renewal terms, material limitations, and cancellation method as required by applicable law.
You are responsible for maintaining valid payment information.
8.3 Price Changes
We may change our prices or subscription structures prospectively, subject to applicable law and any contractual commitments.
Where required, we will provide advance notice and obtain any legally required consent before implementing a price change.
8.4 Taxes
Unless otherwise stated, prices may exclude applicable taxes, duties, or government charges. You are responsible for applicable charges that you are legally required to pay, except for taxes imposed on our net income.
8.5 Failed Payments
If payment fails, we may notify you, request updated payment information, restrict paid features, or suspend the relevant subscription after any notice or cure period required by law or your agreement.
8.6 Cancellation
You may cancel a subscription through the cancellation method disclosed at signup or provided in your account, or by contacting the designated support channel. We will make cancellation reasonably accessible and will comply with applicable federal and New York automatic-renewal, subscription, and consumer-protection requirements.
Unless otherwise stated at purchase or required by law, cancellation will take effect at the end of the current paid billing period, and you will retain access to the applicable paid features until that period ends.
Canceling a subscription does not automatically entitle you to a refund for fees already paid.
8.7 Refunds
Except where required by law, expressly stated in a published refund policy, or agreed in writing, payments are non-refundable for partially used billing periods, unused usage allowances, or periods after cancellation.
Nothing in these Terms limits mandatory refund, withdrawal, chargeback, or consumer rights that apply under applicable law.
8A. Credits and Payments#
8A.1 Credits and One-Time Credit Packs
Advertwize uses credits for certain features, such as AI-generated text and images. A workspace can add credits by buying a one-time credit pack. When these Terms were last updated, the packs offered were Starter (200 credits for $19.99) and Pro (600 credits for $39.00), priced in U.S. dollars; the packs and prices available to you are shown before you pay. A credit pack is a single, one-time payment. It is not a subscription and does not renew automatically. Buying credits may not yet be available to every user, and the packs, prices and availability may change.
8A.2 Who Buys Credits, and When They Are Added
Credits belong to a workspace, not to an individual person. Only the workspace Owner can buy credits. Payments are processed by Stripe, our third-party payment processor (“Stripe”). Credits are added to the workspace only after Stripe confirms that the payment succeeded; if the payment is not confirmed, no credits are added. Advertwize does not see or store your full card number or other payment-card details. You enter them on Stripe’s payment page, and Stripe’s own terms and privacy policy apply to that payment.
8A.3 No Expiry and No Cash Value
Purchased credits do not expire. Credits have no cash value, cannot be transferred to another workspace, and cannot be exchanged or redeemed for money. Credits may be lost if the workspace is deleted, and may be removed if an account or workspace is terminated for violating these Terms. Free or promotional credits are not purchased credits and are covered by Section 9.
8A.4 Refunds
You can ask for a refund of a credit pack within 7 days of the purchase, but only if none of the credits from that purchase have been used. Once any credit from a pack has been used, that pack is not refundable. A charge made by mistake, or a duplicate charge, will still be corrected or refunded. To ask for a refund or a correction, email support_center@yakimelempire.com with the name of the workspace and the date of the purchase.
8A.5 Taxes
Prices for credit packs are shown without any applicable taxes, duties or government charges. As stated in Section 8.4, you are responsible for the taxes you are legally required to pay.
8A.6 Price Changes
We may change the credit packs, the number of credits in a pack and the prices at any time. A change applies only to purchases made after the change; it does not change credits you have already bought.
8A.7 Disputes and Chargebacks
If you believe a charge is wrong, please contact support_center@yakimelempire.com first so that we can look into it. If you dispute a payment with your bank or card issuer (a chargeback), we may suspend the affected account or workspace while the dispute is reviewed.
8A.8 Relationship to Other Sections
Credit packs are not subscriptions, so Sections 8.2 (Recurring Billing) and 8.5 (Failed Payments) do not apply to them. Where this Section 8A differs from Sections 8.3 or 8.7 for credit packs, this Section 8A applies.
9. Free Trials, Promotions, and Usage Limits#
We may offer free access tiers, free trials, promotional credits, limited-access accounts, discounts, or other promotional arrangements. A free tier may be subject to usage limits, feature restrictions, queues, or reduced service levels.
Promotional offers may be subject to additional conditions, eligibility requirements, expiration dates, and usage restrictions.
Unless otherwise disclosed, promotional credits have no cash value, cannot be transferred, and may expire when the promotional period ends.
We may modify or discontinue a promotion prospectively, subject to applicable law and any specific commitments already made to eligible participants.
We may impose reasonable usage limits, rate limits, storage limits, or computational restrictions to protect service quality, security, and availability.
10. Third-party Services and Integrations#
The Services may integrate with, rely upon, or provide access to third-party software, AI models, cloud infrastructure, payment processors, APIs, applications, code execution environments, file-processing systems, and other external services.
Third-party services may be governed by separate terms and privacy policies. Advertwize does not control all third-party services and is not responsible for their independent practices, availability, content, or actions, except to the extent that applicable law or our own conduct makes us responsible.
You are responsible for reviewing applicable third-party terms and ensuring that your use of integrations is lawful.
A third-party service may change, restrict, or discontinue its functionality, which may affect corresponding features of the Services.
10A. Connected Social Accounts and Publishing#
You may connect third-party social media accounts (for example Instagram, Facebook Pages and Threads) to the Services. By connecting an account you authorize Advertwize to access it and to perform only the actions you request or approve, such as scheduling or publishing content and reading basic account information needed to provide the Services.
You are solely responsible for the content you create, approve, schedule or publish, and for complying with the terms, policies and community standards of each connected platform, as well as applicable advertising, disclosure and consumer-protection laws.
Advertwize is not affiliated with or endorsed by Meta, Instagram, Facebook, Threads or any other platform. Platforms may change or restrict their features at any time, which may affect the Services.
You may disconnect any account at any time in your settings. When you disconnect an account, we stop accessing it and delete the stored access credentials, subject to the retention described in our Privacy Policy.
We do not sell data obtained from connected platforms and use it only to provide the Services you request.
11. Privacy and Data Protection#
Your use of the Services is also subject to our Privacy Policy, which explains how personal information is collected, used, disclosed, retained, and protected.
We will handle personal information in accordance with our applicable privacy commitments and legal obligations.
Depending on the Services you use, we may process account information, usage information, submitted content, payment-related information, and technical or diagnostic data.
We may use service providers to support hosting, security, payment processing, customer support, analytics, and other legitimate operational functions, subject to applicable law and relevant contractual safeguards.
You must not use the Services to collect, process, or disclose personal information in violation of privacy, data protection, confidentiality, or consumer protection laws.
These Terms do not replace a separate Privacy Policy or any legally required data processing agreement.
Where required by law or contract, additional data protection terms will govern the relevant processing activities.
12. Security and Service Availability#
We will take reasonable measures appropriate to the Services to maintain platform security and reliability.
However, no digital service can guarantee absolute security or uninterrupted availability.
You acknowledge that internet-based services may experience downtime, technical errors, delays, maintenance, cybersecurity incidents, and disruptions caused by factors inside or outside our reasonable control.
You agree not to interfere with our security systems or attempt unauthorized access to any part of the platform.
If you discover a security vulnerability, you should report it through our designated security contact or support channel and avoid exploiting it, accessing other users’ data, or disclosing sensitive details before reasonable remediation.
13. Service Modifications and Discontinuation#
We may update, modify, replace, restrict, or discontinue portions of the Services to address technical developments, security risks, legal requirements, commercial considerations, or changes in third-party dependencies.
Where a change materially affects a paid service, we will provide notice or an appropriate remedy when required by applicable law or the applicable subscription agreement.
We will not use this provision to eliminate rights that cannot legally be excluded or to disregard an express contractual commitment.
14. Suspension and Termination#
14.1 Termination by You
You may stop using the Services at any time. You may also close your account using available account controls or by contacting us.
Any remaining payment obligations, data retention requirements, and other provisions that by their nature should survive termination will remain applicable.
14.2 Suspension or Termination by Us
We may suspend, restrict, or terminate your access if we reasonably determine that:
- You have materially violated these Terms.
- Your use presents a credible security risk or threatens the integrity of the platform.
- Your account is involved in fraud, abuse, unauthorized access, or unlawful conduct.
- You have failed to pay amounts properly due after any required notice.
- We are legally required to do so.
- Continued provision of the relevant Services is no longer commercially or technically feasible.
Where reasonably practicable and legally permitted, we will provide notice and an opportunity to remedy a violation before imposing suspension or termination for a remediable breach.
We may take immediate action where necessary to address serious security threats, suspected unlawful activity, or imminent harm.
14.3 Effects of Termination
Upon termination, your license to access the affected Services ends.
You remain responsible for outstanding amounts lawfully due before termination.
We will handle account data and User Content in accordance with our Privacy Policy, applicable agreements, and applicable law. We do not guarantee that deleted content can be recovered.
Nothing in this section limits rights to refunds, data access, data portability, or other remedies where required by law.
15. Disclaimers of Warranties#
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADVERTWIZE DISCLAIMS WARRANTIES THAT MAY LAWFULLY BE EXCLUDED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, ALWAYS AVAILABLE, OR FREE OF HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, UNIQUE, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
YOU ASSUME RESPONSIBILITY FOR EVALUATING THE SUITABILITY OF THE SERVICES AND VERIFYING OUTPUTS BEFORE RELYING ON THEM.
THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. THEY DO NOT EXCLUDE ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
16. Limitation of Liability#
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVERTWIZE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES MAY OCCUR, TO THE EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ADVERTWIZE FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT YOU PAID DIRECTLY TO ADVERTWIZE FOR THE RELEVANT SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED UNITED STATES DOLLARS (US $100).
THIS LIMITATION WILL NOT APPLY WHERE PROHIBITED BY LAW, INCLUDING TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Nothing in this section limits any mandatory consumer rights or remedies available to you under applicable law.
17. Indemnification#
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Advertwize and its affiliates, officers, directors, and employees from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising directly from:
- Your unlawful use of the Services.
- Your material violation of these Terms.
- Your infringement of a third party’s intellectual property, privacy, or other legal rights.
- Your User Content, where the claim results from your unlawful conduct or your breach of a representation made under these Terms.
This obligation does not apply to the extent a claim results from our own unlawful conduct, negligence where legally relevant, breach of these Terms, or other circumstances for which you cannot lawfully be held responsible.
We will provide reasonable notice of an indemnifiable claim where practicable. We will not agree to a settlement that imposes a material obligation or admission of liability on you without your consent, which will not be unreasonably withheld.
18. Dispute Resolution#
We encourage users to contact us first to attempt to resolve disputes informally.
Before initiating formal proceedings, you may send a written description of the dispute to our designated legal contact, including the relevant account details and requested resolution. Both parties may attempt in good faith to resolve the matter informally.
Any mandatory arbitration agreement, class-action waiver, or other restriction on access to courts must be expressly adopted in an appropriate, legally compliant provision and will apply only where valid and enforceable.
Unless a separate valid agreement provides otherwise, disputes will be resolved by the courts or other forums that have jurisdiction under applicable law.
Nothing in these Terms prevents either party from seeking urgent injunctive relief where legally available or limits a consumer’s non-waivable right to bring a claim before a competent court or regulatory authority.
19. Governing Law and Jurisdiction#
These Terms will be governed by the laws of the State of New York, United States, without regard to conflict-of-law principles, except where mandatory law requires otherwise.
Subject to applicable consumer protection laws and any valid separate dispute resolution agreement, disputes arising out of these Terms will be brought before the state or federal courts having jurisdiction in New York, New York, unless applicable law requires a different forum.
Nothing in this section deprives a consumer of mandatory legal protections or jurisdictional rights that cannot lawfully be waived.
20. Changes to these Terms#
We may revise these Terms to reflect changes in our Services, business operations, security requirements, legal obligations, or applicable law.
We will publish updated Terms and revise the “Last Updated” date when changes are made.
Where required by law or where a change materially affects your contractual rights, we will provide appropriate notice and obtain any required consent.
Your continued use of the Services after updated Terms become effective constitutes acceptance only to the extent such acceptance is legally effective under applicable law.
If you do not agree to a material change, you should discontinue use of the affected Services and may cancel any applicable subscription in accordance with these Terms and applicable law.
21. Electronic Communications and Signatures#
You agree that we may communicate with you electronically regarding account administration, security, billing, service updates, legal notices, and other matters relating to your use of the Services, subject to applicable law.
Where legally permitted, electronic records, agreements, and signatures may satisfy requirements for written communications and signatures.
You are responsible for maintaining a valid email address and reviewing important communications sent to your registered contact information.
Marketing communications, where applicable, remain subject to consent, unsubscribe rights, and other requirements imposed by law.
22. Export Controls and Sanctions#
You must comply with applicable export control, trade sanctions, and economic restriction laws when accessing or using the Services.
You must not use or make the Services available in a manner prohibited by applicable sanctions or export restrictions.
You represent that your use of the Services will not violate applicable restrictions imposed by competent authorities.
We may restrict access where reasonably necessary to comply with applicable law.
23. Force Majeure#
Neither party will be liable for a delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, widespread internet or telecommunications failures, major cloud infrastructure disruptions, or similar events.
This provision does not excuse payment obligations already accrued, obligations that cannot legally be excused, or a party’s failure to take reasonable steps to mitigate the effects of such circumstances.
24. General Provisions#
24.1 Entire Agreement
These Terms, together with the applicable Privacy Policy, subscription terms, any AI-use or acceptable-use policy, and any other agreements expressly incorporated by reference, constitute the agreement governing your use of the Services.
If a separate signed agreement expressly conflicts with these Terms, the separate agreement will control to the extent of the conflict.
24.2 Severability
If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable where legally permissible. If that is not possible, the provision will be severed, and the remaining provisions will remain in effect.
24.3 No Waiver
A failure or delay in exercising a right under these Terms does not constitute a waiver of that right.
24.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where assignment is permitted by applicable law.
We may assign these Terms in connection with a merger, reorganization, corporate restructuring, financing, or sale of all or substantially all relevant business assets, subject to applicable law and any required notice or consent.
24.5 No Third-Party Beneficiaries
Except where expressly stated or required by law, these Terms do not create enforceable rights in favor of third parties.
24.6 Independent Relationship
Nothing in these Terms creates a partnership, joint venture, agency, employment relationship, or fiduciary relationship between you and Advertwize.
24.7 Language
These Terms may be translated into other languages for convenience. Unless otherwise required by applicable law or expressly agreed in writing, the English version will govern in the event of a discrepancy.
24.8 Survival
Provisions that by their nature should survive expiration or termination will remain in effect, including applicable provisions concerning intellectual property, outstanding payments, disclaimers, limitations of liability, indemnification, dispute resolution, and general contractual obligations.
25. Contact Information#
For questions, complaints, legal notices, or requests relating to these Terms, please contact:
Advertwize — Legal Department
- Legal Company Name: YAKIMELEMPIRE LLC
- Business Address: Garnerville, NY
- Legal Email: admin@yakimelempire.com
- Customer Support: support_center@yakimelempire.com
- Official Website: https://advertwize.com
Please include sufficient information to identify the relevant account and describe your inquiry. Do not send passwords, payment card numbers, or other unnecessary sensitive information through ordinary email.
Acknowledgment#
By creating an account, subscribing to, or using Advertwize, you acknowledge that you have had the opportunity to review these Terms and agree to the provisions applicable to your use of the Services, subject to any non-waivable rights under applicable law.
Advertwize
Intelligent Technology. Responsible Innovation. A More Connected Future.
END OF TERMS AND CONDITIONS