Managed program scope, deliverables, costs, and responsibilities are set out in your agreed Order Form or statement of work. Access to supporting tools does not establish a managed service engagement.
1. Acceptance and contracting authority
These Terms of Service govern access to and use of AmpTrend websites, applications, dashboards, APIs, analytics, automation tools, AI-assisted workflows, campaign services, and related support materials. By creating an account, accessing the Service, accepting an order form, inviting users, or using the Service on behalf of an organization, you agree to these Terms.
If you use the Service for a company, agency, client, or other organization, you represent that you have authority to bind that organization. In that case, "Customer," "you," and "your" refer to both the organization and each authorized user who accesses the Service.
If you do not agree to these Terms, do not access or use the Service.
2. Key definitions
- "AmpTrend," "we," "us," and "our" mean the provider of the AmpTrend Service.
- "Service" means AmpTrend's websites, software, APIs, workflows, reports, support, and any managed marketing services included in an agreed Order Form or statement of work.
- "Customer Data" means data, content, files, prompts, campaign materials, audience information, contacts, analytics, instructions, and other materials submitted to or processed through the Service by or for Customer.
- "Input" means prompts, instructions, reference materials, campaign requirements, and other content submitted to AI-assisted features.
- "Output" means text, insights, recommendations, summaries, briefs, plans, creative concepts, reports, or other materials generated or returned by the Service.
- "Usage Data" means technical, diagnostic, performance, security, feature, and aggregate analytics data generated from use of the Service.
- "Order Form" means a written or electronic ordering document, checkout flow, subscription page, statement of work, or similar document referencing the Service.
3. Service overview
AmpTrend supports managed marketing programs and the tools used to operate them. A managed engagement may include campaign planning, creative preparation, delivery coordination, lead follow-up, qualification, and reporting. The agreed Order Form or statement of work defines the included channels, deliverables, responsibilities, approvals, costs, and engagement period.
Campaign tools support the operating process. They do not replace professional judgment, legal review, brand governance, regulatory review, platform-policy review, or required human approval before a campaign or customer communication is published or sent.
4. Accounts, users, and administration
- You are responsible for maintaining accurate account, billing, organization, and user information.
- You are responsible for all activity under your accounts, workspaces, API keys, credentials, connected integrations, and authorized users.
- You must keep passwords, authentication factors, access tokens, and integration credentials confidential and secure.
- Administrators are responsible for assigning roles, removing users who no longer need access, monitoring authorized use, and maintaining appropriate internal approvals.
- You must promptly notify us of suspected unauthorized access, credential compromise, security incidents, or misuse involving the Service.
5. Customer campaign and compliance responsibilities
Customer is solely responsible for the legality, accuracy, substantiation, targeting, timing, approvals, disclosures, consents, and governance of all campaigns, communications, advertisements, promotions, claims, offers, audiences, and materials created, reviewed, scheduled, exported, or published using the Service.
Customer must maintain its own policies, review processes, records, opt-out mechanisms, consent records, brand approvals, legal approvals, and platform compliance controls appropriate for its business, industry, customers, and jurisdictions.
- You must comply with applicable marketing, advertising, privacy, data protection, consumer protection, intellectual property, telemarketing, text messaging, email, anti-spam, competition, and platform rules.
- You must not use the Service to send unlawful, deceptive, misleading, fraudulent, harassing, discriminatory, infringing, harmful, or non-consensual communications.
- You are responsible for ensuring that promotional emails, SMS messages, push notifications, retargeting audiences, lead lists, lookalike audiences, and customer segments are used only with required rights, permissions, notices, and legal bases.
- You are responsible for claim substantiation, required disclaimers, influencer or endorsement disclosures, sweepstakes or promotion rules, pricing disclosures, and compliance with industry-specific requirements.
- You must not rely on the Service as legal, financial, tax, medical, employment, insurance, or regulated professional advice.
6. AI-assisted features and generated output
Some Service features may use artificial intelligence, machine learning, language models, recommendation systems, or automated analysis. AI-assisted features can produce inaccurate, incomplete, biased, outdated, duplicative, or otherwise unsuitable Output. Similar or identical Output may be generated for other users.
You are responsible for reviewing, testing, editing, approving, and validating all Output before using it. You must not represent AI-generated material as human-created when doing so would be unlawful, deceptive, or inconsistent with applicable platform policies or disclosure requirements.
AI-assisted image, video, asset-generation, trend-analysis, and campaign-planning workflows may use third-party AI providers, asynchronous jobs, cost estimates, quotas, safety checks, retries, and human review gates. You are responsible for confirming that any generated asset, claim, audience, caption, reference image, prompt, or scheduled message is authorized, accurate, compliant, and appropriate for your intended channel before use.
- We do not guarantee that Output is accurate, unique, lawful, non-infringing, suitable for your brand, compliant with platform rules, or appropriate for any particular use.
- You must not submit sensitive personal information, regulated data, confidential third-party data, or high-risk content to AI-assisted features unless you have authority to do so and appropriate safeguards are in place.
- You remain responsible for human oversight, final approvals, publication decisions, and business outcomes.
- We may use automated and manual systems to detect abuse, enforce these Terms, improve safety, protect the Service, and comply with law.
7. Customer Data, Output, and licenses
As between Customer and AmpTrend, Customer retains ownership of Customer Data. Subject to these Terms, AmpTrend assigns to Customer any ownership interest we may have in Output generated for Customer by the Service, to the extent such ownership interest exists and is transferable under applicable law.
Customer grants AmpTrend and its service providers a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, reproduce, modify, create technical derivatives from, and otherwise use Customer Data and Output as necessary to provide, secure, support, improve, and enforce the Service; comply with law; and perform obligations under these Terms.
AmpTrend may use Usage Data and aggregated or de-identified data for analytics, benchmarking, security, product development, reporting, and business purposes, provided it does not identify Customer or any individual in a manner prohibited by applicable law.
8. Feedback
If you provide ideas, suggestions, requests, comments, or other feedback about the Service, you grant AmpTrend a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use that feedback without restriction or obligation to you.
9. Acceptable use
You must use the Service responsibly and only for lawful business purposes. You may not attempt to interfere with, abuse, reverse engineer, evade controls of, or gain unauthorized access to the Service.
- Do not upload or generate content that is unlawful, exploitative, deceptive, defamatory, hateful, discriminatory, harassing, violent, sexually exploitative, or otherwise harmful.
- Do not use the Service for phishing, malware, credential harvesting, spam, unlawful scraping, bot activity, platform manipulation, fake engagement, impersonation, or deceptive account creation.
- Do not use the Service to make unlawful eligibility, credit, housing, employment, insurance, healthcare, lending, or similarly sensitive decisions.
- Do not target or exclude individuals in a discriminatory manner, including based on protected characteristics or sensitive personal information.
- Do not submit data you do not have the right to use, including third-party confidential information, personal information collected without required notices or consents, or infringing materials.
- Do not bypass rate limits, security features, access controls, usage limits, or billing controls.
- Do not use the Service in a way that could damage AmpTrend, other customers, third-party platforms, or the public.
10. Third-party services and integrations
The Service may connect with third-party platforms, AI providers, hosting providers, analytics tools, payment processors, communications providers, social networks, advertising networks, CRM systems, email providers, SMS providers, app stores, and other services. Your use of third-party services is governed by their terms, policies, and permissions.
By enabling an integration, you authorize AmpTrend to access, exchange, transmit, and process data with that integration as needed to provide the Service. You are responsible for permissions, credentials, platform compliance, connected accounts, and any actions taken through those integrations.
AmpTrend is not responsible for third-party services, platform policy changes, outages, content moderation decisions, account suspensions, rate limits, rejected campaigns, integration failures, or third-party data practices.
11. Subscriptions, fees, taxes, and payment
Fees, subscription terms, usage limits, billing intervals, renewal terms, and included features are described in the applicable Order Form or checkout flow. Unless otherwise stated, subscriptions renew automatically until canceled in accordance with the applicable Order Form or account settings.
You authorize AmpTrend and its payment processors to charge all applicable fees, taxes, overages, and renewal amounts using your selected payment method. Fees are non-refundable except where required by law or expressly stated in an Order Form.
We may suspend or downgrade access for overdue amounts, failed payments, excessive usage, suspected fraud, or violation of these Terms.
12. Beta, preview, and experimental features
We may offer beta, preview, early-access, experimental, or evaluation features. These features may be incomplete, changed, suspended, or discontinued at any time. They are provided for evaluation and may be subject to additional terms, usage restrictions, reduced support, and separate data-handling practices.
During private beta, access may be invitation-only, operator-approved, plan-limited, quota-limited, or disabled for accounts that create security, compliance, platform, billing, or abuse risk. Some workflows may prepare a campaign for scheduling, download, review, or export without directly publishing to a third-party platform unless the relevant integration is enabled and approved.
Private beta users should treat analytics, attribution, cost estimates, trend scoring, AI quality, scheduling status, and provider readiness indicators as validation signals rather than final business, financial, legal, or performance guarantees.
13. Confidentiality
Each party may receive non-public business, technical, financial, product, security, customer, or operational information from the other party. The receiving party must use reasonable care to protect confidential information and may use it only to perform under these Terms, exercise rights under these Terms, or comply with law.
Confidential information does not include information that is publicly available without breach, independently developed without use of confidential information, rightfully received from a third party without a duty of confidentiality, or approved for release in writing.
14. Security and service integrity
AmpTrend uses administrative, technical, and organizational safeguards designed to protect the Service. No system can be guaranteed to be perfectly secure, and Customer remains responsible for its users, endpoints, integrations, credentials, approval workflows, and data governance.
We may monitor the Service to operate, secure, troubleshoot, enforce limits, prevent abuse, comply with law, and protect AmpTrend, customers, third-party services, and the public.
15. AmpTrend intellectual property
AmpTrend and its licensors retain all rights, title, and interest in the Service, including software, workflows, user interfaces, designs, models, algorithms, documentation, templates, reports, analytics structures, trademarks, trade names, and other proprietary materials. No rights are granted except as expressly stated in these Terms.
16. Suspension and termination
We may suspend or terminate access to the Service, remove content, disable integrations, or restrict functionality if we reasonably believe that you violated these Terms, created security or legal risk, failed to pay fees, exceeded usage limits, used the Service unlawfully, or caused potential harm to AmpTrend, other customers, third-party platforms, or the public.
You may stop using the Service at any time. Termination does not relieve you of payment obligations, liability for prior activity, confidentiality duties, indemnity obligations, or other provisions that by their nature should survive.
17. Disclaimers
To the maximum extent permitted by law, the Service, beta features, integrations, recommendations, analytics, Output, and support are provided "as is" and "as available." AmpTrend disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted operation.
AmpTrend does not warrant that the Service will meet your requirements, prevent unlawful use, produce compliant campaigns, identify every trend, detect every error, preserve every item of data, or operate without delays, interruptions, vulnerabilities, or defects.
18. Limitation of liability
To the maximum extent permitted by law, AmpTrend will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost business; lost goodwill; data loss; campaign performance; advertising spend; platform penalties; account suspensions; or cost of substitute services, even if advised of the possibility of those damages.
To the maximum extent permitted by law, AmpTrend's total liability for all claims arising out of or relating to the Service or these Terms will not exceed the amounts paid by Customer to AmpTrend for the Service during the three months before the event giving rise to liability, or one hundred U.S. dollars if no amounts were paid.
These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
19. Customer indemnification
To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless AmpTrend and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against claims, damages, liabilities, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
- Customer Data, Input, Output as used by Customer, campaigns, advertisements, customer communications, audience lists, targeting, claims, offers, promotions, or materials created, imported, exported, published, scheduled, or sent by Customer.
- Customer's violation of these Terms, applicable law, third-party rights, platform terms, privacy obligations, consent requirements, or acceptable-use restrictions.
- Customer's products, services, business practices, marketing programs, data sources, integrations, connected accounts, or relationships with its own customers, clients, prospects, vendors, or end users.
- Unauthorized access caused by Customer's users, credentials, systems, devices, integrations, or failure to maintain appropriate access controls.
20. Intellectual property complaints
If you believe content available through the Service infringes intellectual property rights, contact legal@amptrend.com with enough information for us to evaluate the concern. We may remove or restrict content, disable accounts, or take other action when appropriate. Repeat infringers may be terminated.
21. Export controls and sanctions
You must comply with applicable export control, trade, anti-corruption, anti-bribery, sanctions, and anti-money laundering laws. You may not use the Service if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of a region or person subject to sanctions or restrictions that prohibit use of the Service.
22. Changes to the Service or Terms
We may update the Service and these Terms from time to time. If we make material changes, we will provide notice by posting an updated version, updating the effective date, sending notice through the Service, or using another reasonable method. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
23. Governing law and disputes
Unless an applicable Order Form states otherwise, these Terms are governed by the laws of the jurisdiction where AmpTrend's contracting entity is organized, without regard to conflict-of-law rules. The parties will attempt in good faith to resolve disputes informally before filing a claim.
Where permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in any class, consolidated, collective, or representative proceeding. Nothing in these Terms prevents either party from seeking injunctive or equitable relief for misuse of intellectual property, confidential information, security credentials, or the Service.
24. General terms
You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. AmpTrend may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or by operation of law.
If any provision is found unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. These Terms, together with any applicable Order Form, data processing addendum, product-specific terms, and policies referenced by the Service, form the entire agreement regarding the Service.
25. Contact
Questions about these Terms may be sent to legal@amptrend.com or support@amptrend.com. Notices to AmpTrend must include your name, organization, account email, a description of the request or dispute, and enough information for us to evaluate and respond.