Terms of Service

1. The agreement

These Terms of Service (“Terms”) are an agreement between you and Vencire (“we”, “us”), which operates AdViper at adviper.io. Our Privacy Policy and Payment and Refund Policy are part of these Terms. By creating an account, ticking the box at sign-up, or using AdViper, you agree to them. If you use AdViper for a business, you agree on behalf of that business and confirm you have authority to do so; “you” then means both you and the business.

2. Who can use AdViper

You must be at least 18 and able to form a binding contract. AdViper is a business tool, provided for advertising your business, not for personal, family or household use. You are responsible for keeping your login details secret and for everything done in your account, and you must tell us promptly at contact@vencire.com if you think someone else has accessed it.

3. What AdViper does

AdViper uses software, including artificial intelligence, to plan advertising campaigns from the information you give it, launch them on supported ad platforms, review their performance, and make or propose changes within the limits and approval settings you choose. Which platforms and features you can use depends on your plan and on what is currently available; today campaigns run on Meta (Facebook and Instagram).

We work to keep AdViper available and accurate, but we may change, add or remove features, and the service may occasionally be unavailable for maintenance or reasons outside our control. Spending limits and approval rules are enforced by our software; they depend on ad platforms reporting spend accurately and on time, and a small amount of spend may be recorded after a campaign is paused.

4. No guaranteed results

Advertising results depend on many things outside our control, including your offer, prices, market, competition, ad platforms and their auctions. We do not guarantee any sales, leads, customers, return on ad spend or other outcome. Forecasts, targets and predictions shown in AdViper are estimates, not promises. You decide whether to advertise, how much to spend and which changes to approve.

5. Your responsibilities

You are responsible for your business and your ads. In particular, you:

• give us accurate information about your business, offer and pricing, and keep it up to date;
• approve, and are the advertiser of, the ads that run for you, including their claims, images, landing pages and the products or services they promote;
• make sure your ads, offers and business comply with the law, including advertising, consumer protection, privacy, anti-discrimination and industry rules, and with each ad platform’s policies;
• hold the rights to everything you upload or ask us to use, including logos, images, videos and testimonials;
• only advertise in special categories such as health, finance, housing, employment, alcohol or politics where you are allowed to, and follow the extra rules that apply; and
• set spending limits you can afford, and keep your ad budget and payment method in order.

We may refuse, pause or remove any ad or campaign we believe breaks the law, these Terms or a platform’s policies. Ad platforms may also reject ads or restrict accounts under their own rules; we can’t override their decisions.

6. Your content and data

You keep ownership of the content and information you provide (“Your Content”). You give us a worldwide, non-exclusive, royalty-free licence to host, copy, adapt, display and transmit Your Content, including to ad platforms and our service providers, only as needed to provide and improve AdViper and as described in our Privacy Policy. This licence ends when Your Content is deleted from our systems, except for copies in backups kept for a limited time and where the law requires us to keep it.

You may use campaign plans, ad copy and images that AdViper produces for you (“Output”) for your business. We may use aggregated and de-identified information about how campaigns perform to improve AdViper; it won’t identify you or your business.

7. AI-generated material

Output is produced by AI models and can be inaccurate, incomplete, similar to material produced for others, or unsuitable for your business. Review Output before approving it, especially claims about your products, prices, results and qualifications. We don’t guarantee that Output is original or free of third-party rights, and you are responsible for the ads you approve.

8. Ad platforms and Whop

AdViper works with third-party services, including Meta for advertising and Whop, Inc. for payments and the delivery of Meta campaigns. Your use of those services is also subject to their terms and policies, including Whop’s Terms of Service. We aren’t responsible for third-party services, their availability, their decisions about your ads or accounts, or changes they make that affect AdViper. If a platform changes or ends our access, we may have to change or stop a related feature.

9. Plans, billing and cancellation

Paid plans are subscriptions that renew automatically until cancelled. Ad budget is paid in advance, with a processing fee. Payments are processed by Whop. To avoid a renewal charge you must cancel at least 24 hours before your renewal date, and all payments are non-refundable. The full terms, including cancellation, ad budget, failed payments and price changes, are in our Payment and Refund Policy.

10. Acceptable use

You must not:

• use AdViper for anything illegal, deceptive, fraudulent or harmful;
• advertise prohibited or counterfeit goods, or make false or misleading claims;
• infringe anyone’s intellectual property, privacy or other rights;
• try to get around spending limits, approvals, usage limits or security, or access accounts or data that aren’t yours;
• copy, resell, reverse engineer or scrape AdViper, or use it to build a competing product, except where the law allows this despite this restriction;
• upload malware or interfere with the service or its infrastructure; or
• share your account with people outside your business, except as your plan allows.

11. Our property

AdViper, including its software, design, planning rules, knowledge base and branding, belongs to Vencire and its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use AdViper during your subscription, and no other rights. If you send us feedback, we may use it without obligation to you.

12. Copyright complaints

We respect copyright. If you believe material on AdViper infringes your copyright, send a notice to our designated agent at contact@vencire.com (Copyright Agent, Vencire). Under the Digital Millennium Copyright Act your notice must include: your physical or electronic signature; identification of the work you say is infringed; identification of the material you want removed and where it is; your contact details; a statement that you believe in good faith the use is not authorised by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.

We will remove or disable material in response to a valid notice and tell the customer who uploaded it. If you believe your material was removed by mistake, you may send a counter-notice to the same address with the information the DMCA requires, including your consent to the jurisdiction of the federal court for your district. We end the accounts of customers who repeatedly infringe.

13. Suspension and termination

You can stop using AdViper and cancel at any time as described in our Payment and Refund Policy. We may suspend or end your access, and pause your campaigns, if you break these Terms, don’t pay, create legal or security risk, or if an ad platform or payment provider requires it. Where reasonable we will tell you first. Sections that by their nature should continue after termination, including 4, 6, 7 and 13 to 17, continue.

14. Disclaimers

AdViper is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranty that AdViper will be uninterrupted, error-free or produce any particular result.

15. Limitation of liability

To the fullest extent the law allows, Vencire will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, data, goodwill or business opportunities, or for ad spend, arising out of or relating to AdViper or these Terms, even if we were told they were possible. Our total liability for all claims arising out of or relating to AdViper or these Terms is limited to the subscription fees you paid us in the 12 months before the event giving rise to the claim.

Some jurisdictions don’t allow some of these exclusions or limits, so they apply to you only as far as the law permits.

16. Indemnity

You will defend and indemnify Vencire, and its owners, employees and agents, against any third-party claims, and related losses, damages, fines and reasonable legal costs, arising from your ads, Your Content, your products or services, your breach of these Terms, or your violation of any law or third-party right.

17. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or to AdViper, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before starting any proceeding, you agree to contact us at contact@vencire.com and try to resolve the dispute informally for at least 30 days.

If it isn’t resolved, the dispute will be brought only in the state or federal courts located in the State of Delaware, and you and we consent to their jurisdiction and venue. To the extent the law allows, each of us waives any right to a jury trial, and claims may be brought only individually and not as a plaintiff or class member in any class or representative proceeding.

18. General

• Changes: we may update these Terms. We will post the new version with a new effective date and, for significant changes, notify you before they take effect. Continuing to use AdViper after that means you accept them.
• Notices: we may notify you by email to your account address or in the app. You can notify us at contact@vencire.com.
• Assignment: you may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Force majeure: we aren’t liable for delays or failures caused by events outside our reasonable control, including outages at ad platforms, payment providers or hosting providers.
• Entire agreement and severability: these Terms, with the policies they include, are the whole agreement between us about AdViper. If any part is unenforceable, the rest stays in effect. Not enforcing a right isn’t a waiver of it.