AdBeacon Terms of Use

AdBeacon Terms of Service

Updated October 2, 2025

These Terms of Service (“Terms”) form a legally binding agreement between AdBeacon, Inc. (“AdBeacon,” “we,” “us,” or “our”) and the individual or entity agreeing to these Terms (“Customer,” “you,” or “your”). These Terms govern your access to and use of AdBeacon’s website at www.adbeacon.com, applications, dashboards, APIs, analytics, reports, and all associated services (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are legally able to enter into binding contracts and, if acting on behalf of an organization, that you have authority to bind such organization.

2. Definitions

  • Customer Data: Data you submit to the Services, including ecommerce transaction data, campaign data, or account information.
  • End-User Data: Information relating to your customers, website visitors, or users that you process through the Services.
  • Outputs: Reports, recommendations, attribution models, metrics, analytics, forecasts, optimization suggestions, and other informational content generated by the Services.
  • Aggregated Data: De-identified, anonymized, or statistical data derived from Customer Data or End-User Data, which cannot reasonably identify any individual or Customer.
  • Order: A signed agreement, online checkout, or subscription specifying your plan, fees, and usage rights.

3. License & Access

AdBeacon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes, subject to compliance with these Terms.

You may not:

  • Reverse engineer, copy, or create derivative works of the Services;
  • Resell or sublicense the Services;
  • Use the Services for benchmarking or competing purposes;
  • Misuse, overload, or attempt unauthorized access to the Services.

4. Data Handling & Privacy

4.1 Customer Responsibilities

You are solely responsible for obtaining all required notices, consents, and legal authorizations for Customer Data and End-User Data. You must ensure your collection and use of such data complies with all applicable laws (including GDPR, CCPA/CPRA, CalOPPA, COPPA, CAN-SPAM, TCPA, HIPAA if applicable, and other state or federal privacy laws).

4.2 AdBeacon’s Role

AdBeacon acts only as a service provider/processor. We will not “sell” or “share” Customer Data or End-User Data as defined under the CCPA/CPRA. We process Customer Data only to provide the Services, maintain/improve functionality, detect and prevent fraud/security issues, comply with law, and generate Aggregated Data.

4.3 Aggregated & Benchmark Data

AdBeacon may collect, create, and use Aggregated Data for analytics, benchmarking, industry reports, marketing insights, and improving Services. Aggregated Data will not identify Customer, its users, or individuals.

4.4 Data Processing Addendum

Our Data Processing Addendum (“DPA”), including GDPR Standard Contractual Clauses, UK IDTA, and Swiss equivalents, is incorporated by reference. In the event of conflict, the DPA governs.

4.5 Subprocessors

Customer authorizes AdBeacon to engage subprocessors for the provision of Services, provided each is bound by written obligations no less protective than these Terms. A current list is available on request.

5. Prohibited Uses

The Services may not be used for, or in connection with, activities involving:

  • Illegal conduct of any kind;
  • Pornography or sexually explicit content;
  • Hate speech, racism, or discrimination;
  • Unlicensed pharmaceuticals, narcotics, cannabis;
  • Cryptocurrency offerings, unlawful gambling, pyramid schemes;
  • Misleading, defamatory, or infringing content;
  • Click-farms, bots, spam, or fraudulent ad activity.

AdBeacon may suspend or terminate your access for prohibited use.

6. Customer Responsibilities

You are solely responsible for:

  • The accuracy, legality, and sufficiency of Customer Data;
  • Configuring and maintaining your accounts, credentials, and permissions;
  • Reviewing and validating all Outputs before acting on them;
  • All campaign, spend, targeting, and budgetary decisions made using the Services.

7. Fees & Payments

Fees are set forth in your Order.

  • Fees are billed monthly or annually in advance and are non-refundable, except where expressly stated.
  • Late payments may incur interest and suspension of Services.
  • Subscriptions auto-renew unless cancelled with at least thirty (30) days’ written notice.
  • Taxes are your responsibility (except AdBeacon’s net income taxes).

8. California Privacy Compliance (CCPA/CPRA & Related Laws)

8.1 Service Provider Status

For purposes of the CCPA/CPRA, Customer is the “business” and AdBeacon acts solely as Customer’s “service provider.” AdBeacon shall:

  • Process Customer PI only as necessary to provide the Services;
  • Not “sell” or “share” Customer PI;
  • Not use Customer PI for cross-context behavioral advertising;
  • Bind subcontractors to equal restrictions;
  • Promptly notify Customer if AdBeacon determines it can no longer meet CCPA obligations.

8.2 Consumer Requests

Customer is responsible for honoring consumer requests under the CCPA/CPRA. AdBeacon will, to the extent legally required and technically feasible, assist Customer in fulfilling such requests and will pass through requests it receives directly.

8.3 “Do Not Sell/Share” Compliance

AdBeacon does not sell or share Customer PI. If Customer elects to implement a “Do Not Sell or Share” mechanism or GPC signal handling, Customer is responsible for configuration.

8.4 Other State Laws

AdBeacon will comply with CalOPPA, Shine the Light, and similar laws in its service provider capacity. Customer must provide notices and obtain end-user consents where required.

9. Intellectual Property

All intellectual property in the Services is owned by AdBeacon or its licensors. Customer retains ownership of Customer Data. AdBeacon retains ownership of Aggregated Data and any improvements, modifications, or derivative works to the Services.

10. Outputs & No Performance Guarantee

Outputs are for informational purposes only. They may be incomplete, inaccurate, or based on factors outside AdBeacon’s control.

  • No Guarantee: AdBeacon does not guarantee specific outcomes, revenues, conversions, ROI/ROAS, or cost reductions.
  • Customer retains full control over campaign strategy, spend, targeting, creative, and bidding.
  • Customer agrees not to represent to third parties that AdBeacon guarantees results.
  • Services and Outputs are not financial, legal, or compliance advice.

11. DMCA / Copyright Policy

AdBeacon complies with the DMCA. Notices of claimed infringement must be sent to:
[Insert DMCA Agent Contact Information].
Accounts of repeat infringers may be terminated.

12. Third-Party Services

The Services may interoperate with third-party platforms (e.g., Shopify, Meta, Google). AdBeacon is not liable for outages, policy changes, inaccuracies, or failures caused by third-party services.

13. Security; Incidents

AdBeacon uses commercially reasonable safeguards to protect Customer Data. If AdBeacon becomes aware of a confirmed unlawful or unauthorized access to Customer Data within its systems that is likely to result in a risk to individuals, AdBeacon will notify Customer without undue delay.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ADBEACON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR EXPECTATIONS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. Exclusion of Damages. AdBeacon shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, lost sales, lost data, business interruption, or loss of goodwill), even if advised of the possibility.
  2. Aggregate Cap. In no event shall AdBeacon’s total liability for all claims exceed the greater of (A) $200 or (B) the amount paid by Customer for the Services giving rise to the claim during the three (3) months immediately preceding the claim.
  3. Claim Window. No claim may be brought more than one (1) year after the event giving rise to it.
  4. Carve-Outs. These limitations do not apply to liability arising from AdBeacon’s gross negligence, willful misconduct, or non-excludable statutory obligations.

16. Indemnification

Customer agrees to defend, indemnify, and hold harmless AdBeacon and its officers, directors, employees, agents, affiliates, successors, and assigns from and against claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • Customer’s use or misuse of the Services;
  • Customer’s advertising or campaign performance;
  • Customer’s failure to obtain end-user consents or comply with privacy laws;
  • Customer’s breach of these Terms;
  • Third-party claims alleging infringement, misuse, or unauthorized processing of data provided by Customer.

17. Suspension & Termination

AdBeacon may suspend or terminate Services immediately if you breach these Terms, fail to pay fees, or engage in prohibited activity. Upon termination, you must stop using the Services.

Sections relating to IP, Disclaimers, Limitations of Liability, Indemnification, and Governing Law survive termination.

Data Return/Deletion: Upon termination or expiration, and upon written request, AdBeacon will provide Customer Data stored in its systems for 30 days. Thereafter, AdBeacon will delete or de-identify such data, except as legally required.

18. Governing Law & Miscellaneous

  • Governing Law: These Terms are governed by Delaware law, without regard to conflicts rules.
  • Arbitration: Disputes will be resolved by binding arbitration under AAA Commercial Rules in [Delaware or California]. Arbitration shall be individual only. YOU WAIVE ANY RIGHT TO CLASS ACTIONS OR JURY TRIALS.
  • Export/Compliance: Customer represents it is not in a restricted jurisdiction and will comply with applicable export, sanctions, and anti-corruption laws.
  • Open-Source Software: The Services may include OSS components. To the extent required, OSS licenses govern their use.
  • Order of Precedence: In case of conflict, the Order controls, then the DPA, then these Terms, then the Privacy Policy.
  • Entire Agreement: These Terms plus Orders/DPA constitute the full agreement.
  • Assignment: You may not assign without AdBeacon’s consent; AdBeacon may assign freely.
  • Force Majeure: AdBeacon is not liable for delays caused by events beyond reasonable control.
  • Severability: If any provision is invalid, the remainder remains enforceable.
No Waiver: Failure to enforce any provision shall not waive rights.