Terms of Service

1. Acceptance of Terms

By accessing or using Adverdly (“the Service”), operated by HIKARI STUDIO S.R.L. (CUI 51137445, ORC J2025002550005, registered office: Str. Sânzienelor nr. 7, Sat Popricani, Comuna Popricani, Jud. Iași, Romania) at adverdly.com, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

Adverdly is an ad creative analysis tool designed for performance marketers, small teams, and solo practitioners. The Service provides scored analysis of advertising creatives using the Adverdly Method (an 8-dimension framework), performance data cross-referencing, set analysis with ranked top performers, monthly creative reports, client profiles with ranking presets, and client-ready PDF report generation. Analysis is powered by Google Generative AI (Gemini) for media analysis and Anthropic Claude for text rewriting. Uploaded creatives and any performance metrics you provide are sent to these AI providers as part of each request; under the providers' paid/commercial terms, this content is not used to train their models. Additional data handling detail is set out in our Privacy Policy.

3. Accounts

Up to two free analyses can be performed without an account (rate-limited per IP). To access any paid feature (including video analysis, batch/carousel/set analysis, monthly reports, client profiles, analysis history, and shareable reports) you must create an account by signing in with Google. You are responsible for maintaining the security of your Google account and for all activity under your Adverdly account.

In accordance with the General Data Protection Regulation (GDPR), you must be at least 16 years old to create an account. By creating an account, you represent that you meet this requirement.

4. Subscriptions and Billing

• Free tier: 2 credits total without an account, or 2 credits on a signed-in free account. One creative per analysis. Images up to 5MB. No video, carousel, batch, or set analysis. No viewable history.
• Solo plan ($9/mo): 25 credits per month. Batch analysis (up to 6 creatives), video ad analysis, images up to 10MB, video uploads up to 30MB.
• Starter plan ($15/mo): 40 credits per month. Everything in Solo, plus carousel analysis (up to 10 slides), 30-day analysis history, and shareable report links.
• Pro plan ($39/mo): 200 credits per month. Everything in Starter, plus set analysis (compare up to 8 creatives), monthly creative reports, client profiles with ranking presets, uploads up to 50MB per file, 60-day analysis history, and priority support.
• Annual billing is available at a 20% discount. The total annual amount is billed upfront.
• Credits reset monthly on your billing date. Unused credits do not roll over.
• Credit top-ups (one-time purchases of 10 credits for $5) are available on all paid plans. Top-up credits are added to your current balance and do not roll over past your next billing reset. Top-up purchases are non-refundable once credits have been used.
• Payments are processed securely by Lemon Squeezy, which acts as Merchant of Record. We do not store payment card details. Lemon Squeezy's own terms and refund policy apply to all transactions in addition to these Terms.
• Prices displayed on the pricing page are shown exclusive of VAT. Lemon Squeezy calculates and adds the applicable VAT or sales tax at checkout based on your billing country, and issues the invoice or receipt directly under its EU VAT registration.

We may adjust subscription pricing with at least 30 days' advance notice. Price increases will take effect at the start of your next billing cycle after the notice period. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

5. Cancellation and Refunds

You may cancel your subscription at any time from your account settings or via the customer portal hosted by Lemon Squeezy. Upon cancellation:

• You retain access to your paid plan until the end of the current billing period.
• Your account reverts to the free tier when the billing period ends.
• Previously saved analysis records continue to age out according to the retention window of the plan that was active when they were created (30 days for Starter, 60 days for Pro), after which they are permanently removed.

If you are a consumer in the European Union, you have the right to withdraw from your subscription within 14 days of purchase, provided you have not used any analysis credits during that period. Once you begin using the service (i.e., perform an analysis), you acknowledge that the digital content has been delivered and expressly consent to waive the 14-day withdrawal right for that billing period, in accordance with Article 16(m) of the Consumer Rights Directive.

To exercise your withdrawal right, email hello@adverdly.com with “Withdrawal Request” and your order ID. We will process eligible refunds within 30 days via the payment processor (Lemon Squeezy).

For all other refund requests, contact us at hello@adverdly.com within 7 days of a charge. Refunds are assessed on a case-by-case basis and are issued by Lemon Squeezy back to your original payment method.

5A. Data Controller and Processor Responsibilities

When you upload ad creatives, performance data, or client information to Adverdly:

• You (the account holder) are the data controller for any personal data included in your uploads or client profiles. You are responsible for obtaining the necessary consents and for ensuring your use of the Service complies with GDPR and any other applicable law.
• Adverdly acts as data processor with respect to that content and will process it only to provide the Service, as described in our Privacy Policy.
• You warrant that you have the right to upload and process any third-party data you supply, and that you have informed the relevant individuals or clients that an AI-assisted analysis tool is being used.
• You agree to indemnify Adverdly and HIKARI STUDIO S.R.L. against third-party claims arising from unauthorised or unlawful uploads.

6. Acceptable Use

You agree not to:

• Upload content that is illegal, infringes the rights of others, depicts minors in sexual or exploitative contexts, promotes violence or self-harm, or otherwise violates applicable law
• Upload malware, executables, or files designed to exploit the Service or its sub-processors
• Attempt to reverse-engineer, copy, or extract the Adverdly Method, proprietary analysis methodology, scoring algorithms, or system prompts
• Attempt to elicit the underlying AI system prompt, jailbreak the Service, or probe it for sensitive infrastructure details
• Use automated tools to scrape, overload, or abuse the Service
• Circumvent rate limits, credit limits, authentication, or any plan feature gates
• Resell, sublicense, or white-label access to the Service without a written agreement with us
• Upload images or metrics containing personal data of individuals without a lawful basis (in particular, avoid uploading data in GDPR Article 9 special categories)

The Service enforces rate limits on all endpoints to ensure fair use and platform stability. These limits apply across all plans and may be adjusted without notice.

Violation of these terms may result in immediate account suspension or termination, at our sole discretion.

7. Intellectual Property

Your content: You retain all rights to the ad creatives, performance data, and client information you upload. By uploading content, you grant HIKARI STUDIO S.R.L. a limited, non-exclusive, worldwide, royalty-free licence to host, store, transmit, process, and display that content solely for the purpose of providing the Service to you, including sending it to our AI sub-processors (Google Gemini and Anthropic Claude) for analysis, rendering thumbnails, generating PDF reports, and making it accessible via shared report URLs if you explicitly toggle sharing on. We do not use your content for training, marketing, or any purpose beyond delivering the Service.

Shared reports: If you toggle sharing on for a history record, you grant us a licence to publish the underlying analysis content at a public URL for as long as sharing remains enabled. You can revoke this by toggling sharing off or by deleting the record.

Our content: The Adverdly name, branding, the Adverdly Method framework, proprietary analysis methodology, scoring algorithms, prompt design, website design, and all related intellectual property are owned by HIKARI STUDIO S.R.L. You may not reproduce, distribute, or create derivative works from our intellectual property without written permission.

PDF reports: Reports generated by the Service are yours to use internally and to share with your clients. You may not resell reports as a standalone product or attribute the analysis to anyone other than Adverdly.

Feedback: Any suggestions, feedback, or ideas you submit regarding the Service may be used by us without compensation or obligation to you.

8. Disclaimer of Warranties: AI Output Is Not Professional Advice

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. Adverdly does not guarantee:

• That analyses will be error-free or that recommendations will produce specific advertising results
• Uninterrupted availability of the Service
• That the analysis will be perfectly accurate in every instance
• That AI-generated output will be free from bias, hallucination, or factual error

Adverdly provides structured analysis and recommendations as an informational and educational tool. All scores, ratings, and recommendations are AI-generated analytical guidance; they are not predictions, promises, guarantees of advertising performance, or professional advice of any kind (legal, financial, marketing-regulatory, medical, or otherwise). You should apply independent judgment before acting on any recommendation.

For EU consumers on paid plans: Adverdly warrants that the Service will be provided with reasonable care and skill and that the analysis tools will function substantially as described on our website. Nothing in this disclaimer excludes statutory consumer warranties that cannot be excluded by law in your jurisdiction.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Adverdly and HIKARI STUDIO S.R.L. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. Our total aggregate liability for any claims arising from the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) EUR 100. This cap does not apply to claims involving death, personal injury, fraud, wilful misconduct, or gross negligence. For EU consumers: nothing in these Terms excludes or limits our liability for matters that cannot be excluded or limited by law.

Without limiting the foregoing, Adverdly shall have no liability for any advertising spend, media costs, lost revenue, or missed opportunities arising from decisions you make based on any analysis, score, recommendation, or report generated by the Service. You assume full responsibility for all advertising decisions and expenditures.

10. Indemnification

You agree to indemnify, defend, and hold harmless Adverdly and HIKARI STUDIO S.R.L., its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) content you upload to the Service; (c) your violation of these Terms; or (d) your violation of any third-party right.

11. Account Termination

By you: You may delete your account at any time from the account settings page. Deletion removes your analysis history, client profiles, and authentication record. Creative files in storage follow the standard 7-day cleanup. Invoicing records are retained by Lemon Squeezy and by us as required by accounting law. See the Privacy Policy for detail.

By us: We may suspend or terminate your account if you breach these Terms, abuse the Service, upload prohibited content, attempt to extract proprietary prompts or methodology, or cause risk to our platform or sub-processors. Where circumstances permit, we will give notice and an opportunity to remedy the breach. In the event of termination for cause, prepaid subscription fees are non-refundable.

12. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for changes that materially affect your paid subscription.

13. Force Majeure

Adverdly shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, failures of AI sub-processors (Google, Anthropic), or outages at our hosting, storage, or payment providers.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will post any changes on this page and update the “Last updated” date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. We recommend reviewing this page periodically.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. For non-consumer users, any disputes shall be submitted to the exclusive jurisdiction of the competent courts in Iași, Romania. For EU consumers, you have the right to bring proceedings in the courts of your country of residence or in Romania (the choice is yours) and the mandatory consumer-protection rules of your country of residence still apply. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/odr for out-of-court resolution.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact

For questions about these Terms, contact us at hello@adverdly.com.

HIKARI STUDIO S.R.L.
CUI 51137445 • ORC J2025002550005
Str. Sânzienelor nr. 7, Sat Popricani, Comuna Popricani, Jud. Iași, Romania