Terms of Service

These Terms of Service ("Terms") govern your access to and use of the GetAdly service, which provides an AI-powered virtual marketing assistant that creates and publishes social media content (the "Service"). You accept these Terms, and confirm you are 18 or older, when you sign up (with Google, Apple or email) or pay for a plan, and we keep a record of it. By using the Service you also agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.

These Terms are provided by Adly Technologies Ltd as the operator of getadly.com.

Please also review our Privacy Policy, Refund Policy, Cancellation Policy and Data Processing Agreement (which covers the personal data of your own customers that you handle through Adly) to understand how we collect and use your information and how cancellation/refund requests are handled. Your acceptance of these Terms also signifies your acceptance of these policies.

1. The Service and Usage

Description

GetAdly is an AI-driven service that acts as a social media agency replacement. It can generate marketing content such as social media posts, images, designs, content strategies, and ad creatives based on the information and requests you provide. The Service can also, with your authorization, publish content directly to your social media accounts (for example Facebook Pages, Instagram professional accounts, TikTok, LinkedIn and X) and support paid advertising campaign management through connected advertising platforms.

Accessing the Service

You can access the Service through our website or through the Adly iOS app, by creating an account with your email address or by signing in with Google or Apple. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. Do not share your account credentials with unauthorized persons, as any actions taken via your account will be presumed to be by you.

Account Information

You agree to provide accurate and complete information during onboarding (such as your business name, industry, logo, etc., as requested). You are responsible for keeping your information up to date by communicating any changes to us.

Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement. The Service is intended for business use by adults; we do not allow children to use the Service.

2. User Content and Intellectual Property

Your Inputs

You may provide content to the Service, including text, images, logos, and other materials ("User Content"), in order for the AI to generate marketing content. You retain ownership of all intellectual property rights in the User Content you provide. By submitting User Content, you grant GetAdly a limited license to use, reproduce, modify, and process that content for the purpose of providing the Service (for example, to create designs or posts based on your input). We will not use your User Content for any purpose outside the scope of delivering and improving the Service, except as described in "Showing Your Work" below and in our Privacy Policy.

Showing Your Work

You allow Adly to use the designs, videos, copy and landing pages you create with the Service, together with your brand name, logo, country and general results (for example how many posts you published), as examples and case studies: on our website, blog, help center, social media, emails, presentations and ads, and in the Inspiration Board other Adly users see. This permission is worldwide and free of charge, and it continues after your account ends for material we have already published. We never show your private messages, your customers' data or your payment details. If you want a specific piece of content or your brand left out of future use, email [email protected] and we will stop using it.

Generated Outputs

The Service will produce AI-generated content ("Output") such as text, images, or campaign materials based on your inputs. GetAdly does not claim ownership of the Output it generates for you. As between you and GetAdly, and to the extent permitted by law, you have the right to use, edit, publish, distribute, or otherwise utilize the AI-generated Output for your own legitimate purposes. However, you acknowledge that AI-generated content may not be subject to traditional intellectual property protections or may include elements (like stock images or templates) that are licensed. It is your responsibility to review the Output and determine if it is suitable and permissible for your intended use.

Adly provides access to AI generation tools and models. Generated outputs may vary and are not guaranteed to be perfect, final, error-free, or suitable for every use case. Poor, unexpected, or unsatisfactory AI results do not automatically qualify for a refund. Usage may be returned at Adly's discretion when there is a clear technical failure or system error.

Service Intellectual Property

All rights, title, and interest in and to the Service itself (including the software, algorithms, models, website content, trademarks, and branding of GetAdly) are owned by GetAdly or its licensors. We only grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not duplicate, distribute, modify, create derivative works from, or reverse-engineer any part of the Service, except as authorized by us in writing.

Third-Party Content and Integrations

In the course of providing content, the Service might utilize third-party content or APIs (for example, posting to Facebook or using design templates). All third-party platforms (such as Facebook and Instagram) and their content are subject to their own terms and intellectual property rules. These Terms do not grant you any rights to third-party trademarks or content. You are responsible for complying with the terms of use of any third-party platforms you engage with through our Service, including Facebook's Terms of Service, Community Standards, and Platform Policy, as well as Instagram's Terms of Use and Community Guidelines.

User Content Warranty

By providing any User Content, you represent and warrant that you have all necessary rights and permissions to provide that content to us and to use it with the Service. This means, for example, that if you upload an image for editing or inclusion in a design, you either own that image or have obtained permission to use it. You also promise that your User Content, and our use of it as permitted by you, will not infringe or violate the rights of any third party (including intellectual property rights and privacy rights) or any applicable laws.

3. Acceptable Use Policy

We are committed to maintaining a respectful, lawful, and safe environment for all users. When using GetAdly, you agree to the following acceptable use conditions and acknowledge that any violation may result in suspension or termination of your access:

• Lawful Purposes Only: You will not use the Service for any purpose that is unlawful or that violates any local, national, or international laws or regulations. This includes all advertising standards and regulations (e.g., you will not create ads that are fraudulent or violate consumer protection laws).
• Prohibited Content: You will not use the Service to generate or disseminate content that is harmful, offensive, or violates the rights of others. Prohibited content includes, but is not limited to:
  • Sexually explicit or pornographic material;
  • Violent or graphic content that incites harm;
  • Hate speech, harassment, or content that promotes discrimination against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
  • Content that promotes illegal activities or self-harm;
  • Defamatory or libelous statements;
  • Misleading or false information, including fake news or fraudulent advertising material;
  • Any content that violates Facebook's Community Standards, Facebook's Advertising Policies, or the content policies of any platform where the content might be published.
• No Misuse of AI or Platform: You will not attempt to misuse or exploit the Service in ways it is not intended. This includes trying to bypass content filters, attempting to generate disallowed content by tricking the AI (e.g., using coded language to evade restrictions), or using the Service to spam or phish others. You also agree not to use the Service to deceive people into thinking the AI-generated content was written by a human when it is intended to manipulate or mislead.
• Platform Compliance: If you use GetAdly to post content on third-party platforms like Facebook or Instagram, you must abide by those platforms' terms of service and community guidelines. We reserve the right to refuse or cancel any request that we believe would violate such platform rules or put us or the user at risk of violating them.
• No Reverse Engineering or Abuse: You will not interfere with or disrupt the Service, for example by transmitting viruses, overloading, or spam. You also agree not to reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying models of our AI systems, nor to use any automated systems (like bots or scripts) to excessively request data or content from the Service.
• No Competitor Use, Cloning, or Feature Fishing: Use of the Service by competitors of GetAdly, or by anyone acting on behalf of a competitor, is strictly forbidden. You may not access, use, evaluate, scrape, probe, or explore the Service (including its features, workflows, interfaces, prompts, outputs, pricing, or product behavior) for competitive intelligence, product research, benchmarking against a competing product, cloning, copying, imitating, or building a similar product or feature set. Creating an account, signing up for a trial or paid plan, or otherwise using the Service for these purposes is a material breach of these Terms and may result in immediate suspension or termination without refund, as well as any other remedies available to us at law or in equity.
• Real People and AI Actors: You will not use the Service to create content that shows, imitates or speaks as a real, identifiable person (including their face, voice or name) unless you are that person or have their permission. You will not create content that impersonates a public figure, a brand or an official body, or that presents AI-generated people as real customers giving a real testimonial when they are not. Adly's built-in AI actors and characters are synthetic and may be used for your own marketing as allowed by these Terms.
• No Data Misuse: You will not use any data or output from the Service in a manner that violates privacy laws or any individual's privacy rights.
• Monitoring and Enforcement: GetAdly reserves the right (but has no obligation) to monitor interactions and content requests in order to ensure compliance with these Terms and to maintain the integrity of the Service. We may filter or moderate content generated by the AI, and we may refuse to fulfill a request or remove content if we deem it violates this Acceptable Use Policy.

4. WhatsApp Business Features

If you connect a WhatsApp Business Account to Adly, you confirm that you are authorized to manage that WhatsApp Business Account and phone number.

You are responsible for ensuring that your use of WhatsApp messaging through Adly complies with applicable laws, Meta/WhatsApp policies, consent requirements, and messaging rules, including the use of approved message templates where required.

Adly may suspend or limit WhatsApp messaging features if we believe they are being used for spam, unauthorized outreach, abuse, policy violations, or unlawful activity.

4A. Instagram and Facebook Messaging Automations

If you enable Instagram or Facebook messaging automations in Adly, you confirm that you are authorized to manage the connected Facebook Page and Instagram Professional account, including messaging and comment moderation tasks.

You are responsible for ensuring that automated public replies, private replies, Direct Messages, follow gates, and any promotional content comply with applicable laws and Meta Platform policies, including messaging windows, opt-out handling, disclosure that the experience may be automated, and prohibited content rules.

Adly may suspend or limit messaging automation features if we believe they are being used for spam, cold outreach, scraping, unauthorized contact of people who have not initiated an eligible interaction, abuse, policy violations, or unlawful activity.

4B. Live Chat Support

Our website and app include a chat window (the "Chat") for questions and support. The following applies when you use it or when it is loaded on a page you visit:

AI Assistant

Some replies in the Chat are written by an AI assistant, and the Chat shows when a reply comes from it. AI replies are provided for convenience and may be inaccurate or incomplete. Nothing an AI reply says creates an offer, a promise or a commitment by us, and no AI reply changes these Terms, your plan, your usage limits or our Refund Policy. Refunds, usage compensation, discounts and billing or plan changes take effect only when they are confirmed by a member of our team or appear in your account.

How Support Works

Conversations are recorded and kept as your support history, and replies may also be sent to the email address you give us. To help you, our team may see the text you are typing before you send it, the page you are on, and, while the Chat is loaded on a page, a live view of that page with form fields and editors hidden. Our team can only click or scroll on your page if you allow it in the Chat. Our Privacy Policy explains what we collect through the Chat and how long we keep it.

Acceptable Use of the Chat

You agree not to use the Chat to harass, threaten or abuse our team, to send spam, malware or unlawful content, to impersonate anyone, or to try to make the AI assistant reveal internal information, ignore its instructions or make commitments on our behalf. Do not share passwords, full payment card numbers or other sensitive information in the Chat; we will never ask you for them there. We may limit, pause or block access to the Chat for anyone who breaks these rules.

Records and Payment Disputes

Chat conversations, together with your account, usage, device, session and payment records, may be used as evidence when we respond to a payment dispute or chargeback.

5. Subscription, Fees, and Payments

Subscription Model

GetAdly operates on a subscription basis. By subscribing to our Service, you agree to pay the periodic fees associated with the plan you select. Fees for plans bought on getadly.com are shown and charged in US dollars ($) unless stated otherwise. Plans bought in the Adly iOS app are priced by Apple in your local currency. Fees are charged monthly, or annually if you choose an annual plan.

Usage Limits

Each subscription plan includes a monthly usage limit (for example, a number of images, videos, or posts that can be generated in each billing cycle). These limits are shown in the plan details. Unused usage resets at the end of each billing cycle and does not roll over to the next period, unless explicitly stated otherwise for your plan.

Your usage limit gives access to AI generation tools and related outputs. Because AI outputs can vary, unsatisfactory results alone do not automatically qualify for a refund or for usage to be returned. We may return usage at our discretion when there is a clear technical failure or system error.

Billing and Payment

You must provide a valid payment method (such as credit card or other payment details) to subscribe. By subscribing, you authorize us or our payment processor to charge the applicable subscription fee to your payment method on a recurring basis (e.g., monthly or annually, depending on your plan). Unless you cancel, your subscription will auto-renew at the end of each billing cycle, and you will be charged in advance for the next cycle. If a payment fails, we may attempt to re-charge after a short period or suspend your access until payment is resolved.

Refund Policy

Cancellation

You can cancel at any time from your profile: Plan and Usage, then Cancel plan. Cancelling stops the next renewal; you keep access and any remaining usage until the end of the period you already paid for, and that payment is not refunded except as described in the Refund Policy above. Subscriptions renew automatically until cancelled. Where the law of your country lets you cancel another way, you can also email [email protected] from your account email and we will cancel it for you. Before an annual plan renews, we email you a reminder 30 to 60 days ahead with the renewal date and how to cancel.

Plans Bought in the Adly iOS App

Plans bought inside the Adly iOS app are auto-renewable subscriptions sold and billed by Apple through your Apple Account, under Apple's Media Services Terms. The price, billing period and any free trial are shown before you confirm the purchase.

Your subscription renews automatically at the end of each period, and your Apple Account is charged for the next period, unless you turn off automatic renewal at least 24 hours before the current period ends. If your plan starts with a free trial, it becomes a paid subscription when the trial ends unless you cancel before then.

You can cancel or change an app subscription at any time in your iPhone Settings: tap your name, then Subscriptions. Deleting the app or your Adly account does not cancel it. After you cancel, you keep access until the end of the period you already paid for.

Refunds for purchases made in the iOS app are decided and issued by Apple, not by Adly. You can request one at reportaproblem.apple.com. Our Refund Policy applies only to plans bought on getadly.com.

A plan is managed on the platform where you bought it. A plan bought on getadly.com works in the app, and a plan bought in the app works on getadly.com, but each can only be cancelled or changed where it was bought.

Payment Disputes

If you believe a charge is wrong, you agree to tell us through the chat on any Adly page before disputing it with your bank. Payments on getadly.com are processed by Stripe and authenticated with 3D Secure by your bank where supported. We keep records of your subscription, your agreement to these Terms, the devices, IP addresses and locations used to access your account, session recordings, your usage and generated outputs, your support conversations and your payment history, and we may share them with your bank when we contest a dispute we believe is unjustified. We may pause an account while a dispute is open. See our Refund Policy.

Changes in Fees

Our pricing, subscription plans, usage limits, features, add-ons, eligibility rules, and related limitations may change from time to time in response to market conditions, competition, product changes, legal requirements, operational needs, or other business considerations. Unless applicable law requires otherwise, we are not obligated to provide advance notice of changes that apply prospectively to new customers, new purchases, optional add-ons, or newly offered plans or features.

Where a change affects your existing paid subscription, recurring charges, or other material rights, we will provide notice, an opportunity to cancel, or both, to the extent required by applicable law. No change will apply retroactively unless permitted by law. If you do not agree to an applicable change, you may cancel your subscription before the change takes effect.

Ambassador Program Commissions

If you participate in the Adly ambassador program, you act as an independent promoter and not as our employee, agent, partner, or representative. Unless we agree otherwise in writing, ambassador commissions are calculated at 50% of the applicable subscription payment for up to twelve (12) months per referred customer, subject at all times to these Terms and any prospectively updated program rules we publish.

Eligible commissions are earned only on new customer subscription payments that: (a) come from a new customer who signed up through your referral link, or who entered your code within seven (7) days of signing up; (b) occur within the applicable attribution window we state for the program, currently thirty (30) days from the first click on a referral link unless we update the program prospectively; and (c) are actually received by us and remain successfully settled. A customer who already had an Adly account or had already paid for a plan is not a new customer. We do not owe commissions on free plans, trials, taxes, processor fees, refunded amounts, internal test transactions, or any amount we do not actually receive and retain.

Only one ambassador may receive credit for a referred customer or payment. If multiple referral sources, devices, discount codes, channels, or ambassadors are involved, the first valid referral link the customer followed within the applicable attribution window counts, as shown by our records; a later link or code does not replace it. If you believe a valid referral was missed solely because of our technical error, you must notify us within thirty (30) days of the transaction and provide reasonably requested evidence. We will investigate such reports in good faith, but we are not required to credit referrals that we cannot reasonably verify.

No commission is due or payable on self-referrals or transactions made by you, your household, your employees, your contractors, your agents, or any business or account you own, manage, control, or materially influence. We also do not owe commissions on transactions that are fraudulent, duplicated, cancelled, unpaid, refunded, reversed, disputed, charged back, generated through fake accounts, or obtained through abusive methods such as misleading claims, impersonation, unauthorized coupon or discount promotion, spam, cookie stuffing, forced clicks, hidden redirects, hidden iframes, software interception, trademark infringement, or prohibited search advertising on our brand terms, trade names, or domain names. If a commission was previously credited or paid on such a transaction, we may cancel, reverse, or offset it against future commissions.

Holding period. Each commission is held before it becomes available to you, to cover the time in which customers can request refunds and card issuers can raise chargebacks: sixty (60) days from the date of the underlying payment for monthly subscriptions, and one hundred and twenty (120) days for yearly subscriptions and for any single payment of one hundred and fifty US dollars (USD 150) or more. Your ambassador page shows when each held amount becomes available. We may change these periods prospectively, and we may extend them for a specific account while we investigate any of the concerns described below.

Refunds and chargebacks. If a payment that earned a commission is refunded, reversed, disputed, or charged back, the commission on it is cancelled, including after it became available, was moved to your Adly balance, or was paid out. We may recover a cancelled commission by deducting it from your available or future commissions, by reducing your Adly balance, or by asking you to repay it. Where a chargeback results from fraud or abuse connected to your referrals, we may also recover the related dispute fees. While a dispute on a payment by one of your referred customers is open, we may pause all payouts to you until it is resolved.

Using your commissions. Available commissions can be (a) moved to your Adly balance, or (b) paid in cash by bank transfer, PayPal, or Wise, with a minimum of fifty US dollars (USD 50) per cash payout. Cash payouts are made in US dollars in our regular monthly payout cycle. Fees charged by your bank or payment provider, and any currency conversion, are your responsibility. You must give accurate payout details for an account in your own name; we are not responsible for a payment sent to details you provided. We may require reasonable identity, tax, banking, and compliance verification before releasing any payout, and you are solely responsible for any taxes due on commissions you receive.

Adly balance. Amounts moved to your Adly balance become a service credit for Adly. It is applied automatically to your Adly subscription payments on getadly.com, including new plans, upgrades, and renewals, and it can pay for usage limit top-ups, until it is used up. An Adly balance has no cash value: it cannot be withdrawn, converted back into cash, refunded, or transferred to another person or account, and it cannot be used for purchases made through Apple or other third-party platforms. Moving commissions to your Adly balance is final.

Suspending payouts. We may delay, suspend, withhold, or cancel payouts and moves to your Adly balance, and may freeze an Adly balance that came from commissions, if we reasonably suspect fraud, self-referral, fake, duplicate, or related accounts, misuse of payment methods, abuse of the program, a breach of these Terms, or unusual refund or chargeback activity among your referred customers. We may do so while we investigate, and permanently where we confirm such conduct, to the extent permitted by law. We may change, pause, or end the ambassador program prospectively; commissions that are already available when we do so remain payable subject to these Terms.

Organic promotion only. You may share your referral link only through your own content and audience: your posts, videos, newsletters, website and communities. You may not: (a) run paid advertising of any kind (search, social, display, video, native or app ads, boosted posts or sponsored content) that links to getadly.com, our subdomains or any page that sends people to them, or that uses Adly, GetAdly or any misspelling of them in keywords, audiences, ad text or display URLs; (b) register or use domains, apps, social handles or pages that contain our names or misspellings of them; (c) post your code or link on coupon, deal, cashback, rebate or reward sites, or offer cash, gifts, refunds or discounts to the people you refer; (d) use bought, automated, incentivised or bot traffic, pop-ups, pop-unders, forced redirects, hidden frames, browser extensions, or anything that sets a referral without a real click by a real person; or (e) send unsolicited messages or spam. Referrals that come from paid advertising earn no commission. One person may hold one ambassador account. Accounts we reasonably consider related or controlled by the same person are treated as one, and referrals between them earn nothing. If we ask, you must show us where your traffic comes from; we may void commissions you cannot explain. You are responsible for every message you send to promote Adly, and you will cover any claim, fine or cost Adly faces because of messages you sent without the recipient's consent or in breach of these rules.

When promoting Adly, you must accurately describe the Service, comply with applicable advertising, privacy, anti-spam, platform, and consumer-protection laws, and clearly disclose your material relationship with Adly wherever required by law or guidance. You may not present yourself as Adly, imply that you are our official representative, use our trademarks in domain names, social handles, ad copy, or search keywords without prior written approval, or advertise offers that we have not expressly authorized.

We may suspend or terminate your participation in the ambassador program if we reasonably believe you violated these Terms, created legal or reputational risk, or engaged in deceptive, abusive, or unlawful conduct. If we end your ambassador participation for convenience and not for cause, we will pay any valid, cleared, unpaid commissions in the next normal payout cycle, subject to these Terms. If we end your participation for cause, or if commissions are tied to conduct under investigation, we may permanently withhold unpaid amounts to the extent permitted by law.

6. Termination of Service

By the User

You are free to stop using GetAdly at any time. You may also delete your account if you no longer wish to use the Service. Before you delete your account, cancel any plan bought on getadly.com. Deleting the account ends any paid time left on that plan at once, without a refund; a plan bought in the iOS app must be cancelled in your Apple account. Your account is closed immediately and you have 30 days to contact us to restore it. After 30 days it is erased as described in our Privacy Policy and cannot be recovered. If you wish for us to delete your data, please refer to the Privacy Policy for data deletion requests.

By GetAdly

We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, if we reasonably believe: (a) you have violated these Terms (or any applicable law or regulation); (b) you are using the Service in a manner that could cause us legal liability or disrupt others' use of the Service; or (c) we need to do so to protect the security or integrity of the Service or our infrastructure.

In addition, if at any point we decide to discontinue the Service or a particular feature, we may terminate the Terms with respect to all users. If feasible, we will provide advance notice of a broad service discontinuation.

Effect of Termination

Upon termination or expiration of your access, your right to use the Service will immediately cease. We may deactivate or delete your account and all associated data (including content, outputs, or settings) from our systems, in accordance with our data retention practices. We are not liable to you or any third party for termination of your access or deletion of your account or data, provided we have adhered to our Privacy Policy and these Terms. If we terminate your account due to a violation of these Terms, you will not be entitled to any refunds for any subscriptions or unused usage.

7. Disclaimer of Warranties

Service Provided "As Is"

GetAdly provides the Service on an "as is" and "as available" basis. While we strive to offer the best possible experience, we cannot guarantee that the Service will be uninterrupted, error-free, or meet all of your expectations. The nature of AI-generated content means results may vary and may occasionally be imperfect or require human review.

No Guarantee of Results

You understand that any content, designs, or campaigns generated by the Service are suggestions and tools to aid your marketing. We do not guarantee any particular outcome in your business metrics (such as specific increases in sales or engagement) as a result of using the Service. You are responsible for reviewing and deciding how to use the content we provide. Use your judgment, and consider the context and accuracy of any AI-generated text or images before publishing them as part of your official marketing.

No Other Warranties

To the fullest extent permitted by law, GetAdly disclaims all warranties and representations of any kind, whether express, implied, or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. No advice or information, whether oral or written, obtained from GetAdly or through the Service, shall create any warranty not expressly stated in these Terms.

Third-Party Services

Any third-party platforms or services that you use in connection with GetAdly (such as Facebook or Instagram) are not under our control, and we make no warranties or representations regarding those services. Your use of third-party services is subject to the terms and policies of those providers. We are not responsible for any acts or omissions of third-party platforms, even if our Service facilitates interactions with them.

Availability, Faults and Failed Posts

Like all software, the Service can have bugs, slowdowns, maintenance and outages, and it relies on services we do not control, such as hosting and internet providers, AI providers and social platforms (for example Meta, TikTok, X, LinkedIn and Google). As a result, a design, video or other output may fail or come out wrong, and a scheduled or automatic post may be published late, published incorrectly or not published at all. We do not promise any particular uptime, delivery time or publishing time.

If something fails because of a fault on our side, tell us in the chat. To the extent the law allows, our only obligation is to make reasonable efforts to fix it and, at our choice, to run the task again or restore the usage limit it used. Please check your scheduled and published content in your connected accounts, especially for time-sensitive campaigns.

Events Beyond Our Control

We are not responsible for any delay or failure caused by events beyond our reasonable control, including outages or changes at hosting, internet, payment, AI or social media providers, changes to their rules or access, cyberattacks, power or network failures, natural disasters, epidemics, war, civil unrest, strikes or government action.

Keep Your Own Copies

The Service is not a backup or storage service. Keep your own copies of anything important you upload to or create with Adly. To the extent the law allows, we are not responsible for lost or deleted content.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall GetAdly or its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, business interruption, loss of data, or loss of goodwill, arising out of or in connection with your access to or use of (or inability to use) the Service or any content provided through the Service. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

To the extent that we may be found liable for any damages notwithstanding the foregoing, our total cumulative liability to you for any claim arising from or related to these Terms or the Service is limited to the amount you have paid to GetAdly in the twelve (12) months immediately preceding the event giving rise to the claim (or, if you have not paid anything, then $0).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow us to limit, and if you are a consumer nothing in these Terms affects your statutory rights. Some jurisdictions do not allow certain limitations of liability or exclusion of certain damages, so some of the above disclaimers or limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless GetAdly and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise from or relate to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your infringement or violation of any rights of a third party (including intellectual property rights or privacy rights) through your content or marketing activities conducted via the Service; or (d) any content you generate or publish using our Service (including any claims that such content is unlawful, misleading, or defamatory). We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you agree to cooperate with us in asserting any available defenses). This indemnification obligation will survive any termination of your account or this agreement.

9A. Additional Terms for the Adly iOS App

If you use the Adly iOS app downloaded from Apple's App Store, these additional terms apply, and they take priority over anything else in these Terms where they conflict:

• Parties: These Terms are between you and Adly Technologies Ltd only, not with Apple Inc. ("Apple"). Adly, not Apple, is solely responsible for the app and its content.
• Licence: You receive a limited, non-transferable licence to use the app on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms.
• Maintenance and support: Adly is solely responsible for maintenance and support of the app. Apple has no obligation to provide any maintenance or support. Contact us at [email protected].
• Warranty: Adly is solely responsible for any product warranties not effectively disclaimed under these Terms. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Product claims: Adly, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• Intellectual property: If a third party claims that the app or your possession and use of it infringes their intellectual property rights, Adly, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance: You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Third-party terms: You must comply with any applicable third-party terms when using the app, for example your mobile carrier's terms.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.
• Questions and complaints: Adly Technologies Ltd, 24-26 Arcadia Avenue, Fin009, London, United Kingdom, N3 2JU. Email: [email protected].

10. Miscellaneous

Not an Official Service of Any Platform

GetAdly is not affiliated with, endorsed by, or officially connected to Facebook, Meta, or any other third-party social media platform. While our Service may interact with Facebook's or others' systems (e.g., to post content), all content is provided by GetAdly or by users, not by those third-party platforms. Facebook and other platforms bear no responsibility for the content generated or published through our Service. You must comply with all third-party platform rules, as noted, and any issues or disputes related to content created by GetAdly should be addressed with us, not with Facebook/Meta.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Dispute Resolution

In the event of any dispute or claim arising out of or relating to these Terms or your use of the Service, you and GetAdly agree to first attempt to resolve the issue informally by contacting each other (you can reach us at the contact information below). If we cannot resolve the dispute informally, any legal action or proceeding shall be brought exclusively in the competent courts located in London, United Kingdom (unless another location is required by law), and the parties consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of GetAdly.

Entire Agreement

These Terms (together with the Privacy Policy and any additional guidelines or policies we provide) constitute the entire agreement between you and GetAdly regarding the Service and supersede any prior agreements or understandings (whether oral or written) relating to the subject matter hereof.

Assignment

You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms as part of a merger, acquisition, sale of assets, or by operation of law, or to any affiliate, without any consent or notice to you.

Changes to Terms

We may update or modify these Terms from time to time. If we make material changes, we will notify users via the Service interface, website, or email and update the "Effective Date" at the top. By continuing to use the Service after any changes become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.