Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the website at reallycoolads.com (the “Site”) and the ad creative subscription service provided by Really Cool Ads (“we,” “us,” or “our”) (the “Service”). By accessing the Site or subscribing to the Service, you agree to be bound by these Terms. If you do not agree, do not use the Site or Service.
The Service
Really Cool Ads provides a monthly subscription that delivers static ad creatives and user-generated content (UGC) videos. The number of deliverables, sizes, and turnaround times depend on the plan you select. Specific plan terms are described on the Site at the time you subscribe.
Accounts
You may need to create an account, including by signing in with Google, to use parts of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current information and to keep it updated.
Subscription, Billing, and Cancellation
The Service is billed on a recurring monthly basis at the rate corresponding to your selected plan. By subscribing, you authorize us to charge your payment method on each billing cycle until you cancel.
You may pause or cancel your subscription at any time, effective at the end of the current billing period. Pausing or cancelling does not entitle you to a refund of fees already paid.
We may change pricing or plan features with reasonable advance notice. Continued use of the Service after a change takes effect constitutes acceptance of the new terms.
Your Content and Materials
You retain all rights to the logos, brand assets, copy, images, and other materials you provide to us (“Client Materials”). You grant us a limited license to use Client Materials solely to provide the Service to you.
You represent and warrant that you own or have the necessary rights to all Client Materials and that our use of them as permitted by these Terms will not infringe the rights of any third party.
Deliverables and Ownership
Once payment is received for a given billing cycle, you own all rights to the final design and UGC deliverables produced for you under your subscription, in perpetuity. We retain the right to display deliverables in our portfolio and case studies unless you request otherwise in writing.
Third-party stock assets, fonts, or licensed content used in deliverables remain subject to their original licenses.
Refunds and Guarantees
We provide a 100% money back guarantee on your first round of deliverables for our Seed and Growth plans. If you aren't satisfied with your first round of ad creative, we will refund you in full within 21 days, less UGC creator costs. You are ineligible for a refund if you have already run any of the ad creatives, and upon receipt of the refund, you no longer have the right to run any of the ad creatives. If you have a billing concern, contact us at billing@reallycoolads.com.
UGC Creators
When the Service includes user-generated content, creator fees are billed separately from your Really Cool Ads subscription. Specific terms with creators may apply and will be communicated before production.
Acceptable Use
You agree not to:
- Use the Service for any unlawful, deceptive, harassing, or harmful purpose.
- Submit content that infringes intellectual property or violates the rights of others.
- Attempt to interfere with, reverse engineer, or disrupt the Site or Service.
- Resell or sublicense the Service without our written consent.
Intellectual Property
The Site, our trademarks, logos, written content, and any tooling we use to deliver the Service remain our property. Nothing in these Terms grants you any rights to our intellectual property except as expressly stated.
Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, fail to pay fees when due, or use the Service in a way we reasonably believe is harmful. Sections of these Terms that by their nature should survive termination will survive.
Disclaimers
The Service and Site are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any creative produced will achieve specific advertising results.
Limitation of Liability
To the fullest extent permitted by law, in no event will Really Cool Ads, its founders, or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising out of or relating to your use of the Service. Our total cumulative liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us in the three (3) months preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Really Cool Ads and its founders from any claims, damages, or expenses arising from your Client Materials, your use of the Service, or your violation of these Terms.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.
Changes to These Terms
We may update these Terms from time to time. When we make changes, we will update the “Last updated” date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Contact
Questions about these Terms? Email us at hello@reallycoolads.com.