Terms of Service

1. Acceptance of Terms

By accessing or using the Dubinga platform at dubinga.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update these Terms at any time. Material changes will be communicated via email or an in-app notification at least 14 days before they take effect.

2. Description of Service

Dubinga is an AI-powered marketing intelligence platform that allows you to:

• Connect advertising accounts from Meta (Facebook & Instagram), Google Ads, TikTok Ads, LinkedIn Ads, and Microsoft Advertising (Bing)
• Sync campaign data, performance metrics, and creative assets from connected platforms
• Run multi-agent AI discussions where specialized AI agents analyze, debate, and generate recommendations for your campaigns
• View unified dashboards and analytics across all connected platforms
• Manage multiple brands and collaborate with team members

The Service is provided on a subscription basis. Available features depend on your chosen plan. We may modify, enhance, or discontinue features at any time with reasonable notice.

3. Account Responsibilities

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security of your password and account credentials
• Enable two-factor authentication (strongly recommended for all accounts)
• Notify us immediately at privacy@dubinga.com if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 18 years old to create an account. One person or organization may not maintain more than one free-tier account. We reserve the right to suspend or terminate accounts that violate this provision.

4. Subscription and Billing

4.1 Plans and Pricing

The Service offers multiple subscription tiers (Free, Basic, Pro, and Enterprise), each with defined limits on the number of brands, platforms, AI analyses per month, agents per discussion, and discussion loops. Current pricing is available at dubinga.com/pricing.

4.2 Billing Cycle

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Annual subscriptions are billed as a single payment at the start of each annual period. All payments are processed through Stripe.

4.3 Free Trial

The Free plan is available indefinitely with reduced limits. No credit card is required to sign up for the Free plan. Paid plans may include a trial period, the terms of which will be disclosed at the time of signup.

4.4 Upgrades, Downgrades, and Cancellation

You may upgrade or downgrade your plan at any time from your account settings. Upgrades take effect immediately and are prorated for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. Cancellation takes effect at the end of the current billing period — you retain access to paid features until then.

4.5 Refund Policy

Payments are non-refundable except where required by law. If you believe you have been charged in error, contact us at privacy@dubinga.com within 14 days of the charge.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to the Service, other user accounts, or our infrastructure
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use the Service to transmit malware, viruses, or other malicious code
• Scrape, crawl, or use automated means to access the Service beyond normal API usage
• Resell, sublicense, or redistribute the Service or any output generated by the Service without our written consent
• Use the Service to generate misleading, fraudulent, or deceptive advertising content
• Exceed the usage limits of your subscription plan through technical workarounds
• Share account credentials or allow multiple individuals to use a single-user account

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated any of these restrictions.

6. Your Data and Content

You retain ownership of all data you provide to the Service, including marketing data synced from connected platforms ("Your Data"). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, and display Your Data solely to provide and improve the Service.

You are responsible for ensuring that you have the necessary rights and permissions to share Your Data with the Service, including any data synced from third-party advertising platforms. You represent that your use of the Service does not violate the terms of service of any connected advertising platform.

We do not use Your Data to train AI models. Campaign data is processed in real-time to generate analysis and recommendations and is not retained by AI model providers. For more details, see our Privacy Policy.

7. Intellectual Property

The Service, including its design, code, features, algorithms, documentation, brand assets, and all related intellectual property, is owned by Dubinga and protected by copyright, trademark, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the subscription term. This license does not include the right to modify, distribute, sell, or create derivative works of the Service.

AI-generated recommendations and analysis outputs are provided for your use. You may act on, share, and reference these outputs within your organization. However, the underlying algorithms, agent architectures, and discussion frameworks remain our intellectual property.

8. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

AI-generated recommendations are advisory in nature. They are based on analysis of available data and should not be treated as guaranteed strategies. You are solely responsible for all decisions made based on AI recommendations, including changes to advertising campaigns, budgets, and targeting. We do not guarantee specific marketing outcomes, including improvements in ROI, ROAS, CTR, or any other metric.

We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components. We are not responsible for delays or failures caused by third-party services, including advertising platform APIs, payment processors, or AI model providers.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Dubinga, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of (or inability to use) the Service.

Our total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Dubinga and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your marketing data or content.

11. Termination

You may terminate your account at any time by canceling your subscription and deleting your account from the account settings page. Upon termination:

• Your access to paid features ends at the conclusion of the current billing period
• Your data will be deleted within 30 days, in accordance with our Privacy Policy
• Connected platform integrations will be disconnected
• Any outstanding balance remains payable

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees when due, or engage in activity that threatens the security or integrity of the Service. We will provide notice of termination unless immediate action is required to prevent harm to the Service or other users.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 14 days before they take effect, via email or in-app notification. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

14. Contact Us

If you have questions about these Terms of Service, please contact us at:

• Email: privacy@dubinga.com
• Website: dubinga.com/contact