Terms of Service (TOS)

Welcome to Ampd!

Ampd (“Ampd”, “we” or “us”) develops and operates a cloud-based ad management and analysis platform (“Platform”). Our platform makes it easy for customers of Ampd (“Customers” or “you”) to manage and optimize their digital ad campaigns across ad networks, including Google Ads.

This document, the Ampd Terms of Service ("Terms"), outlines the terms regarding your use of our Services. These Terms are a legally binding contract between you and Ampd, so please read carefully. If you do not agree with these Terms, please do not register for or use our Services.

By using our Platform or any of our other services via any websites, applications, mobile applications, software or other properties operated by Ampd, or by registering for an Ampd account (our Platform and all such other services, collectively, "Services"), you are agreeing to be bound by these Terms.

If you are accessing or using our Services on behalf of an organization, you are agreeing to these Terms for that organization and warranting to Ampd that you have the authority to bind that organization to these Terms.

Privacy

In order to operate our Services and maintain contact with Customers, Ampd collects, maintains and uses certain personal information. How we collect, use, store and protect this information is detailed in our Privacy Policy. You acknowledge that your use of our Services is subject to this privacy policy.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the most current version of these Terms at Ampd.io. If we make any material changes to these Terms, we will notify you via email to the address associated with your Ampd account. If you do not accept these changes, you must stop using our Services and cancel your Ampd account by emailing info@ampd.io. Your continued use of our Services after we publish or send notice about changes to these Terms means that you are consenting to the updated terms.

Your Account

Use of our Services requires you to create an Ampd account by completing a registration form and designating an email and password. You are responsible for any content that you upload, post or otherwise transmit via our Services. Only you may use your Ampd account and you are responsible for your Ampd account. If you become aware of any unauthorized use of our Services or your Ampd account, please email info@ampd.io.

Ampd reserves the right to refuse registration of any accounts, or cancel passwords for any accounts, that it deems inappropriate in its sole discretion.

Services and Support

The general service descriptions and specifications of our Services and the applicable price list can be found on our website at Ampd.io and in our mobile applications. Broadly, the Platform manages, measures, and optimizes digital advertising sales through algorithmically-driven copywriting, targeting and conversion optimization on behalf of our customers, based on goals set by the customers in the apps.

The main service that Ampd provides is access to our Platform and our other Services via the Internet through our website or mobile apps. Subject to these Terms, Ampd will use commercially reasonable efforts to provide the Customer the Services. Any other services, including support, are only provided as accompanying services after prior agreement on the use of the Platform. Ampd may, but is not obliged to, provide any support services to customers, unless obliged to by law.

The Customer recognizes that Ampd is designed to act as the exclusive digital marketing and technology solution in relation to Amazon.com and affiliated sites, and that engaging any other third parties or software solutions to carry out services that are the same or similar to the Services provided by Ampd may prevent Ampd from providing the Customer the Service.

The Customer must create its own Ampd account for use of the Platform. Ampd will grant the Customer through this Ampd account, the contractually agreed access to use the Platform and our other Services.

Ampd may, but is not obliged to, at any time extend the Platform with additional software features, adapt and improve features and introduce additional security measures.

Certain features that Ampd offers in the Platform and our other Services depend on data provided by Amazon and other sources. It is possible that Ampd may need to change or reduce functionality as a consequence of changes to the data made available by Amazon or such other sources. If such a change is required, and such change significantly impedes the Customer's ability to use the Platform, an extraordinary right to terminate its subscription will be provided to Customer.

Details on the prices, terms of agreement and scope of access to the Platform and our other Services granted to Customer may also be agreed to in individual contracts between Ampd and Customer. Those terms apply in addition to the more general terms of these Terms. In the case of contradictions between the individual contracts and these Terms, the provisions of the individual contracts take precedence.

Restrictions and Responsibilities

Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform and our other Services or any software, documentation or data related to the Platform and our other Services (“Software”); modify, translate, or create derivative works based on the Platform, our other Services or any Software (except to the extent expressly permitted by Ampd or authorized within the Services); or use the Platform, our other Services or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. Further, Customer may not remove or export from the United States or allow the export or re-export of the Platform, our other Services, the Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.

Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer accounts, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer accounts or the Equipment with or without Customer’s knowledge or consent.

You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Ampd or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Ampd) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you do not have the right to or is illegal.

Suspension and Termination of the Service

We reserve the right to suspend or terminate your access to the Services at any time in our sole discretion, including if we believe you have violated these Terms.

Consent to Electronic Communications and Solicitation

By registering with Ampd, you understand that we may send you, including via email, information regarding the Services including notices about your use of the Services, updates to the Services including new products or features, and promotional materials. Your message settings can be controlled through our web and mobile applications, or you can unsubscribe by following instructions in the message you receive.

Notices emailed to you concerning your Ampd account will be considered given and received when the email is sent. If you do not consent to receiving notices electronically (not including promotional materials), you must stop using the Services.

Content

Any electronic documents, images or strings uploaded or entered into your Ampd account by you is considered "Content". All Content uploaded into your Ampd account is yours. You are responsible for all Content you upload to your Ampd account and making sure you have all the rights you need to the Content. By storing, using or transmitting Content, you cannot and will not violate any law or these terms.

In some cases content (images, strings, keyword lists, etc) uploaded to Ampd may be propagated to Amazon's advertising networks or other marketing platforms at your instruction. In these cases, your Content will be subject to the terms and rules of those platforms. Although our Platform may provide some assistance in validating content before submission to those platforms, it is ultimately your responsibility to ensure that you are not violating any content guidelines of those sites and we assume no responsibility for issues that may arise as a result of your uploaded content to other platforms via Ampd's integrations.

Content Storage

The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.

Copyright Complaints and Removal Policy

Ampd respects the intellectual property rights of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.

If you believe there has been a violation of your intellectual property rights, please email info@ampd.io.

Data Access

The Customer is obliged to provide Ampd with all data necessary for performance of the Services as contractually agreed upon.

The data will usually be delivered by connecting the advertising and or retail accounts of the Customer (e.g. Amazon MWS, Amazon Seller Central, Amazon AMS, Amazon Advertising API) to the Customer's Organization account on the Platform via an application programming interface (API). This linking will give the Platform access to the available advertising and retail sales data to allow its analysis. Once an account has been connected to the Ampd platform, advertising and retail sales data will be synced to Ampd’s databases on an ongoing basis, regardless of whether the Customer is then currently a paid subscriber, until such time that the Customer revokes API access or that the Customer requests the deletion of their Ampd account by emailing info@ampd.io. 

Customer warrants that the data supplied by the Customer for analysis will not violate any laws or infringe on the rights of third parties. In the event of a violation, Ampd may suspend the Customer's access to the Services.

The Customer grants Ampd the required rights to use the provided data for the purpose of analysis to provide the Services in accordance with these Terms.

Miscellaneous. 

Subscriber agrees that AMPD may use Subscriber’s name and logo in AMPD’s marketing materials or communications for the sole purpose of indicating Subscriber as a AMPD customer.

Confidential Information

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Ampd includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Ampd to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. Each Party remains sole owner of the intellectual property rights it owned prior to Customer agreeing to these Terms. Customer authorizes Ampd to collect, use, analyze and process Customer Data and to combine the Customer Data with Ampd Data in order to perform the Service for the Customer. Ampd shall own and retain all right, title and interest in and to (a) the Services and Software, and all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with any implementation services or support that it provides to Customer, and (c) all intellectual property rights related to any of the foregoing. Notwithstanding anything to the contrary, Ampd shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Ampd will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Ampd offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

Customer permits Ampd a royalty-free license to use Customer trademarks, service marks, slogans, artwork, written materials, drawings, photographs, graphic materials, film, music, transcriptions, or other materials that are subject to copyright, trademark, or similar protection materials in order to perform the Services for the Customer.

Fees

If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. Fees are exclusive of taxes and we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Ampd quoted at the time of purchase. Ampd reserves the right to change the eligible currencies at any time.

Each subscription allows one brand to be advertised. If you have multiple brands, you will need to purchase multiple subscriptions.

In addition to the subscription fee which you will automatically be billed in advance, you will be charged a % of ad spend at the end of the calendar month if you spend over the ad spend limit for that month. The ad spend limit and associated fee for each product is:

• Ampd Starter or Ampd Connect: $2,000 ad spend limit 10% for ad spend over $2,000.
• Ampd Scale or Ampd Automation $10,000 ad spend limit plus 5% for ad spend over $10,000
• Ampd Pro or Ampd Management $10,000 ad spend limit plus 7% for ad spend over $10,000 

Each plan term has a corresponding onboarding fee. This fee is non-refundable.

If you are using a coupon that you received from Ampd for a discount on the Fees for a Service, the discount shall expire on the date set forth on the coupon.  If no expiration date is set forth on the coupon, the coupon, and discount, shall expire on the date which is twelve months from the activation date for the Service using the coupon.

Ampd reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of a Service, we agree that the Fee will remain in force for such Service for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s) for the Service. If you do not agree to the changes, you must stop using the Service and cancel by emailing info@ampd.io (with cancellation confirmation from an Ampd representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

Billing and Payment

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Ampd has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Services and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

Subscription Period

You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available, depending on the Service purchased):

• A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
• A quarterly subscription plan (“Quarterly Subscription Plan”). The subscription period for the quarterly Subscription Plan will be for three months and will automatically renew in three months on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed every 3 months on or about the same day each year until such time that you cancel. Note that under the Quarterly Subscription Plan, you will not be permitted to cancel or downgrade the Ampd Service you have selected, or switch to the Monthly Subscription Plan, until the anniversary date. Be aware that you are committing to a three-month plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
• An 6-month subscription plan (“Annual Subscription Plan”). The subscription period for the 6-month Subscription Plan will be for 6-months and will automatically renew each 6-months on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed each 6-months on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan, you will not be permitted to cancel or downgrade the Ampd Service you have selected, or switch to the Monthly or Quarterly Subscription Plan, until the anniversary date. Be aware that you are committing to a 6-month plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
• An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan, you will not be permitted to cancel or downgrade the Ampd Service you have selected, or switch to the Monthly Subscription Plan, until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.

If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.

Governing Law

These Terms shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions.