Terms of Service
Last updated: October 14, 2023
Thank you for using our products! Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Search Ads Optimization.
When we say “Services”, we mean our websites, including searchadsoptimization.com (SAO) and app.searchadsoptimization.com, and any product created and maintained by Search Ads Optimization.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.
We may update these Terms of Service ("Terms") in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.
If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust.
Account Terms
- You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Services for any purpose other than it's intended use and you may not permit any of your users to do so, either.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Free plan eligibility and fair use
From time to time, we may offer new users Free plan, the following terms apply for the free plan users subjected to fair use.
Who are eligible?
Any app company or developer that are currently running Apple Search Ads campaigns (subjected to fair use).
Additionally, they have to be a "valid user" meaning the user has to sign up to the SAO platform and integrate their ASA account to the SAO platform while the Free Forever plan is available.
Who are not eligible?
In order to accommodate as many eligible users as possible, we've implemented some restrictions as specified below.
- Currently, the Free Forever plan is not applicable to agencies and consultants. If you are an agency or consultant, please contact us on the pricing page for volume pricing.
We also reserve the right to remove Free plan access to any users that fit the below criteria.
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We may prompt any user in the future to a paid plan who has a large number of apps, campaigns, ad groups, and keywords that are disproportionately consuming our resources allocated for our free plan users. For example, an ASA account with a large size such as more than 5 apps, or 50 campaigns, or 100 ad groups, or 1000 keywords is not considered "fair use".
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Inactive and/or invalid users such as user who hasn't logged in for more than 6 months or users with no ASA ad spend in 6 months.
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Users with more than two ASA accounts or campaign groups.
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Any user that are breaking our terms and conditions or engaging in abusive practices such as scraping, DDOS, reverse engineering, etc.,
In case of questions, please contact us regarding the Free Forever plan in the channels in the footer section.
In case of questions, please contact us regarding the Free Forever plan in the channels in the footer section.
Payment, Refunds, and Plan Changes
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For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
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All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Customer Restrictions
Customer shall not, and shall not permit any other Person to, access or use the Services or Provider Materials except as expressly permitted by these Terms and, in the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, Customer shall not, except as these Terms expressly permits:
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engage in abusive practices such as scraping, DDOS, reverse engineering, etc.,
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access or use the Services or Provider Materials in any manner that may: be defamatory of any person; obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; be likely to deceive any person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be in contempt of court; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; give the impression that the contribution emanates from Provider, if this is not the case; advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; contain a statement which Customer knows or believes, or has reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
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copy, modify or create derivative works or improvements of the Services or Provider Materials;
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rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or Provider Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
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reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or Provider Materials, in whole or in part;
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bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials;
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input, upload, transmit or otherwise provide to or through the Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
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damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Provider Systems or Provider’s provision of services to any third party, in whole or in part;
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remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or Provider Materials, including any copy thereof;
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access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Provider customer), or that violates any applicable Law;
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access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider’s detriment or commercial disadvantage; or
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access or use the Services or Provider Materials in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage;
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access or use the Services or Provider Materials in any manner that may harm minors;
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access or use the Services or Provider Materials to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There may be some cases where we may send your data through our network unencrypted.
- When you use our Services, you entrust us with your data. We take that trust to heart. We as humans can access your data for the following reasons:
- To help you with support requests you make.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard our service. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary.
- To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches Search Ads Optimization for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Search Ads Optimization is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
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We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Some of the vendors who handle personal data include Firebase and Stripe.
Copyright and Content Ownership
- The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
Liability
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.
If you have a question about any of these Terms, please contact our Support team.