Terms of Service

Last updated: November 2024

1. Acceptance of Terms

By accessing and using Prismatics ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. We reserve the right to modify these terms at any time. Continued use of the Service after such modifications indicates your acceptance of the updated terms.

2. Service Description

Prismatics is a SaaS (Software-as-a-Service) platform designed to help businesses manage digital marketing campaigns, analyze performance metrics, and integrate with third-party advertising platforms including Google Ads and Meta Ads. The Service includes campaign management, analytics reporting, integrations, and related features.

3. User Eligibility

By using Prismatics, you represent and warrant that:

  • You are at least 13 years of age (or the applicable age of majority in your jurisdiction)
  • You are not prohibited by law from using the Service
  • You have the authority to enter into this agreement
  • You will comply with all applicable laws and regulations
  • You will not use the Service for any unlawful or unauthorized purpose
  • All information you provide is accurate and truthful

4. Account Registration and Security

4.1 Account Creation

You are responsible for maintaining the confidentiality of your account login credentials and password. You agree not to share your password with anyone and to immediately notify us of any unauthorized access to your account.

4.2 Account Responsibility

You are solely responsible for all activities that occur on your account, whether authorized or not. You agree to maintain accurate, complete, and current account information.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these terms or engaged in prohibited activities.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Transmitting malware, viruses, or harmful code
  • Attempting to gain unauthorized access to any part of the Service
  • Reverse engineering, decompiling, or attempting to derive the source code of the Service
  • Using the Service for spam, phishing, or other abusive purposes
  • Harassing, intimidating, or threatening other users
  • Creating misleading or fraudulent campaigns or content
  • Violating intellectual property rights of others
  • Excessively taxing the resources of the Service
  • Using automated systems to scrape or extract data without permission
  • Reselling or redistributing the Service without authorization

6. Intellectual Property Rights

6.1 Platform Ownership

All content, features, and functionality of the Prismatics platform, including but not limited to software, design, text, graphics, logos, icons, and images, are owned by Prismatics or its content providers and are protected by copyright, trademark, and other intellectual property laws.

6.2 User Content

You retain ownership of all content you create, upload, or submit through the Service ("User Content"). By submitting User Content, you grant Prismatics a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute your User Content for the purpose of providing and improving the Service.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your authorized business purposes. This license does not include the right to modify, reproduce, distribute, or create derivative works.

7. Third-Party Integrations

The Service includes integrations with third-party platforms including Google Ads, Meta Ads, and other services. Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or security of third-party services.

You are responsible for obtaining and maintaining all necessary authorizations from third-party platforms to use their services through Prismatics.

8. Payment and Billing

8.1 Subscription Fees

If you choose a paid subscription plan, you agree to pay the subscription fees at the rate and frequency specified at the time of purchase.

8.2 Billing Information

You authorize us to charge your specified payment method for all fees and charges incurred through your account. You agree to maintain accurate and current billing information.

8.3 Renewal and Cancellation

Your subscription will automatically renew at the end of each billing period unless you cancel. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

8.4 No Refunds

Subscription fees are non-refundable except as required by law. In the event of service interruptions or issues, we may provide account credits at our discretion.

8.5 Price Changes

We reserve the right to modify our subscription prices with 30 days' notice. Price changes will take effect at your next billing period.

9. Service Availability and Support

9.1 "As-Is" Service

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted or error-free operation.

9.2 Maintenance and Downtime

We reserve the right to perform maintenance and updates that may result in temporary service interruptions. We will attempt to provide advance notice when possible.

9.3 Support

We provide customer support during business hours. Support may be available via email, chat, or ticket system.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PRISMATICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO PAYMENT HAS BEEN MADE, $100.

11. Disclaimers

THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Prismatics and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, violation of these terms, or infringement of any third-party rights.

13. Data Protection and Confidentiality

You are responsible for maintaining the confidentiality of any data, credentials, or API keys you store in the Service. We implement industry-standard security measures, but cannot guarantee absolute security. You assume full responsibility for any loss or unauthorized use of your data.

14. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards when using the Service. You are solely responsible for ensuring that your use of the Service and any campaigns created comply with GDPR, CCPA, CAN-SPAM, FTC guidelines, and other relevant regulations in your jurisdiction.

15. Termination

We reserve the right to terminate or suspend your account and access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately, and you remain liable for any outstanding fees.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve disputes informally by contacting us at support@prismatics.co.

16.2 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to its conflicts of law provisions.

16.3 Arbitration

Any dispute shall be resolved by binding arbitration, except for claims of intellectual property infringement or breach of confidentiality, which may be brought in court.

17. Contact Us

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

Prismatics Legal Team

Email: legal@prismatics.co

Website: www.prismatics.co

We will respond to your inquiries within 30 days of receipt.

18. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated via email or through a prominent notice on our platform. Your continued use of the Service after such modifications indicates your acceptance of the updated terms.

19. Severability

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

20. Entire Agreement

These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and Prismatics regarding the Service and supersede all prior agreements and understandings.