Last updated: July 20, 2026
These Terms of Service, including any policies referenced herein (collectively, the "Terms" or the "Agreement"), form a binding agreement between Affect Group Inc., a company registered at 1401 21st ST, STE R, Sacramento, CA 95811, USA, operator of the DataMind platform ("DataMind", "we", "us", or "our"), and the person or entity agreeing to them ("Customer", "you", or "your"). DataMind and you are each a "Party" and together the "Parties."
This Agreement governs all access to and use of the DataMind website located at datamind.affectgroup.com (the "Site") and the DataMind platform — an AI-assisted software service for auditing, analyzing, and generating optimization recommendations for digital advertising accounts — together with all related tools, reports, data, documentation, and materials (collectively, the "Services"). This Agreement is effective as of your first access to or use of the Services (the "Effective Date").
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT: (I) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, AS WE MAY AMEND IT FROM TIME TO TIME; (II) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY AND, IF APPLICABLE, ON BEHALF OF THE ENTITY YOU IDENTIFY AS THE CUSTOMER. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
The Services are intended for business and professional use only and are not offered to consumers.
2.1 Description. The Services allow you to connect Ad Accounts via the Ad Networks' official authorization flows (e.g., OAuth), retrieve advertising performance data through official APIs, compute metrics and analyses, and generate Outputs — including AI-assisted audits and optimization recommendations — based on that data and the business context you provide.
2.2 Analysis only — no account management. The Services are an analytical and decision-support tool. The Services do not autonomously create, modify, pause, delete, or otherwise manage campaigns, budgets, bids, or any other settings in your Ad Accounts. Any change to your Ad Accounts is made by you (or persons acting for you), outside the Services, at your own discretion and risk. DataMind is not an advertising agency, is not managing your campaigns, and does not act as your agent, fiduciary, or advisor.
2.3 Modifications. We may modify the Services from time to time, including adding, changing, or removing features, in our sole discretion. We may provide elements of the Services through third-party providers. We are not obligated to provide any support, updates, or enhancements except as we may decide.
To use the Services you must register for an account with accurate and complete information and keep it up to date. You are responsible for all activity under your account, including activity of any additional users you invite, and for maintaining the confidentiality of login credentials. Notify us promptly at hello@affectgroup.com of any unauthorized access. You are responsible for the equipment, software, and connectivity needed to access the Services.
4.1 Authority. You represent and warrant that, for every Ad Account you connect, you own the account or have obtained all necessary rights, permissions, and consents (including from your clients, if you act for them) to connect it and to authorize DataMind to access its data via the applicable API.
4.2 Ad Network compliance. Your use of Ad Networks remains governed by their own terms and policies (e.g., Google Ads Terms, Google APIs Terms of Service, Meta Platform Terms, TikTok terms). You will comply with all applicable Ad Network terms, both when using the Services and when acting directly in the Ad Networks. You acknowledge that DataMind is not affiliated with, endorsed by, or sponsored by any Ad Network.
4.3 API availability. The Services depend on Ad Network APIs, which may be modified, rate-limited, delayed, suspended, or discontinued by the Ad Networks at any time. We are not responsible for any unavailability, inaccuracy, incompleteness, or delay of data caused by Ad Networks or their APIs, nor for any actions an Ad Network takes with respect to your Ad Accounts (including suspensions or policy enforcement).
4.4 Revocation. You may disconnect an Ad Account at any time in the Services or via the Ad Network's security settings. Upon disconnection, we cease retrieving new data for that account.
THIS SECTION IS A MATERIAL PART OF THE AGREEMENT. READ IT CAREFULLY.
5.1 Informational purposes only. All Outputs — including audits, scores, verdicts, hypotheses, forecasts, projections, and recommendations — are automatically generated informational suggestions provided for general informational and decision-support purposes only. Outputs do not constitute, and must not be relied upon as, professional, marketing, financial, investment, accounting, tax, or legal advice, and no professional-client, agency, or fiduciary relationship is created by your use of the Services.
5.2 Nature and limitations of AI. Portions of the Outputs are formulated by large language models and statistical methods. Such technology is probabilistic by nature and can produce results that are inaccurate, incomplete, outdated, misleading, or wrong, including plausible-sounding statements that are factually incorrect. Outputs are based solely on the data available to the Services at the time of retrieval, which may be delayed, sampled, estimated, restated by the Ad Network, or otherwise imperfect, and on the business information you provide, which we do not verify. Different runs of an analysis may produce different Outputs.
5.3 No guarantee of results. DataMind makes no representation, warranty, or guarantee whatsoever regarding the outcome of implementing (in whole or in part) any Output. Advertising performance depends on numerous factors outside our knowledge and control — including auction dynamics, competitor behavior, seasonality, market conditions, Ad Network algorithms and policy changes, your bids and budgets, your website and landing pages, your products, prices, and creative assets. You acknowledge that implementing any Output may fail to improve — and may worsen — your advertising performance, costs, conversion rates, revenue, or any other metric, and that any figures, estimates, targets, or projections in Outputs are hypothetical illustrations, not promises or predictions of actual results. Past performance does not indicate future results.
5.4 Your independent judgment is required. You agree that you will:
5.5 Assumption of risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF OUTPUTS, INCLUDING WITHOUT LIMITATION THE RISK OF INCREASED ADVERTISING COSTS, DECREASED PERFORMANCE, LOST REVENUE OR PROFITS, WASTED ADVERTISING SPEND, MISSED OPPORTUNITIES, AND ANY ACTION TAKEN BY AN AD NETWORK WITH RESPECT TO YOUR AD ACCOUNTS (INCLUDING DISAPPROVALS, LIMITATIONS, OR SUSPENSIONS). DATAMIND SHALL HAVE NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN (OR NOT TAKEN) BY YOU OR ANY THIRD PARTY IN RELIANCE ON ANY OUTPUT.
5.6 No reliance. You acknowledge that you have not relied on any statement, promise, or representation about the Services or Outputs — including any marketing materials, case studies, or examples of results achieved by other customers — other than as expressly set out in this Agreement.
5.7 Acknowledgment. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE FEES DO NOT INCLUDE ANY INSURANCE OR GUARANTEE OF ADVERTISING OUTCOMES, THAT THE PROVISIONS OF THIS SECTION 5 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND DATAMIND, AND THAT DATAMIND WOULD NOT PROVIDE THE SERVICES AT THE CURRENT FEES WITHOUT THEM.
6.1 Plans and limits. The Services are offered under a free plan and paid Subscription plans. Each plan includes usage limits — for example, the number of connected Ad Accounts, the number of manual data fetches per period, the number of AI audits per calendar month, the number of included re-formulations per audit run, and the data retention window for retrieved data. Current plans, prices, and limits are described on the Site's pricing page and are incorporated into this Agreement by reference. Usage is measured by our systems, whose records are authoritative; when a limit is reached, the corresponding feature is unavailable until the limit resets, you purchase additional capacity (e.g., audit packs), or you upgrade.
6.2 How quotas work. Unless stated otherwise on the pricing page: fetch limits are measured over a rolling window; audit quotas reset at the start of each calendar month (UTC) and unused quota does not roll over; one AI audit is counted per audit run, and re-formulations of the same run beyond the included number are counted as additional audits; one-time welcome credits on the free plan do not renew; purchased usage packs are consumed after the plan's included quota. Account limits are counted across your organization by unique connected Ad Accounts.
6.3 Payment. Paid Subscriptions are billed in advance on a recurring basis (e.g., monthly) via our payment processor, Stripe. You authorize us and Stripe to charge your payment method for all Fees due for the duration of your Subscription, and you will keep your billing information current. Applicable taxes are your responsibility and may be added to Fees.
6.4 Automatic renewal. Subscriptions renew automatically at the end of each billing period until cancelled. You may cancel at any time in your account settings; cancellation takes effect at the end of the current billing period, and you retain access until then.
6.5 No refunds. Except where required by applicable law or expressly stated otherwise, all Fees are non-cancelable and non-refundable, including for partial billing periods, unused quotas, or downgrades. If you dispute a charge in good faith, notify us in writing within fifteen (15) days of the charge; the Parties will cooperate to resolve the dispute. Initiating a chargeback for a valid charge is a material breach of this Agreement.
6.6 Non-payment. If Fees become overdue, we may suspend or terminate the Services and/or downgrade your account to the free plan, and we may charge interest on overdue amounts at the lesser of 1% per month or the maximum rate permitted by law.
6.7 Price changes. We may change plan prices and limits from time to time. Changes take effect at your next renewal, and we will provide reasonable advance notice (e.g., by email or in-product notice) of any price increase affecting your Subscription.
Free Services are provided "as is" without any commitment. We may modify, limit, suspend, or terminate Free Services (or your access to them), and may change free plan limits, at any time, with or without notice, and without liability. Customer Data associated with Free Services may be subject to shorter retention windows as described on the pricing page, and may be deleted after prolonged inactivity or upon termination of the Free Services. We recommend exporting anything you need to keep.
8.1 Your data, our license. You retain all rights in your Customer Data. You grant DataMind and its service providers a non-exclusive, worldwide, royalty-free license to host, access, use, process, reproduce, display, and transmit Customer Data solely (i) to provide, secure, and support the Services (including generating Outputs by transmitting relevant portions of Customer Data to our AI providers as described in the Privacy Policy), (ii) as permitted by this Agreement and the Privacy Policy, and (iii) as required by law.
8.2 Responsibility for your data. You are responsible for the accuracy, quality, and legality of Customer Data, and represent that you have obtained all rights and consents necessary for us to process it as described. You will not submit to the Services any credit card numbers, government identifiers, health data, data of children, or other special categories of regulated sensitive data; the Services are not designed for such data, and we disclaim all liability arising from your submission of it.
8.3 No AI training on your data. We do not use Customer Data to train generalized artificial intelligence or machine learning models, and our AI providers are engaged under API terms that do not permit them to train their models on data submitted through the Services.
8.4 Usage Data; aggregated data. We own Usage Data and may use aggregated, de-identified data (which does not identify you or any individual) for purposes such as improving the Services, benchmarking, and analytics.
8.5 Privacy Policy. Our processing of personal data is described in the DataMind Privacy Policy, which is incorporated into this Agreement by reference.
9.1 Our IP. We retain all right, title, and interest in and to the Services, the underlying software, models, prompts, analytical methodologies, DataMind content, documentation, and all related intellectual property. You receive only the limited right to access and use the Services during the Term in accordance with this Agreement; no other license is granted, whether by implication or otherwise.
9.2 Outputs. Subject to your compliance with this Agreement, you may use Outputs generated from your Customer Data for your internal business purposes (including sharing them with your clients whose Ad Accounts are analyzed). You may not resell Outputs as a standalone service or use them to build or train a competing product. Outputs are subject in all cases to Section 5 (No Guarantees).
9.3 Feedback. If you provide feedback, ideas, or suggestions about the Services, we may use them without restriction or obligation to you, and we own all resulting improvements to the Services.
You will not, and will not permit anyone to: (a) use the Services in violation of applicable law, this Agreement, or the rights of any third party; (b) copy, modify, translate, or create derivative works of the Services; reverse engineer, decompile, or attempt to extract the source code, models, or prompts of the Services, except to the extent such restriction is prohibited by law; (c) sell, resell, sublicense, rent, lease, or provide the Services to third parties, or use them to operate a service bureau or a competing product; (d) circumvent or attempt to circumvent usage limits, quotas, plan restrictions, or security or access controls (including by creating multiple accounts or organizations to multiply free quotas); (e) probe, scan, or test the vulnerability of the Services, or interfere with their operation (including via viruses, overloading, or scraping by automated means); (f) access the Services to monitor their availability or functionality for competitive purposes; (g) submit to the Services any data or content that is unlawful, infringing, or malicious; (h) remove or alter any proprietary notices or disclaimers in the Services or Outputs; or (i) misrepresent your identity or affiliation.
We may monitor use of the Services for operation, security, and compliance purposes, and may suspend or terminate access, with or without notice, for any actual or suspected violation of this Section. We may also impose reasonable technical limits (e.g., rate limits) to protect the integrity of the Services.
Each Party will protect the other Party's confidential information with at least reasonable care, use it only to perform under this Agreement, and not disclose it to third parties except to employees, contractors, and service providers who need it and are bound by confidentiality obligations at least as protective. Confidential information does not include information that is or becomes public without breach, was lawfully known before disclosure, is received from a third party without duty of confidentiality, or is independently developed. A Party may disclose confidential information when legally required, with prior notice to the other Party where lawful. Customer Data is your confidential information; the non-public elements of the Services and this Agreement's commercial terms are ours.
The Services interoperate with third-party services (including Ad Networks, payment processing, hosting, and AI providers). Third-party services are governed by their own terms, and we make no warranties and accept no liability with respect to them. Availability of the Services on or in connection with a third-party service does not imply any affiliation or endorsement.
13.1 Term. This Agreement applies from the Effective Date and continues until terminated as provided herein.
13.2 Termination by you. You may stop using the Services and delete your account at any time. Cancelling a Subscription takes effect per Section 6.4.
13.3 Termination and suspension by us. We may suspend or terminate the Services or this Agreement: (i) upon material breach by you that remains uncured ten (10) days after notice (or immediately for breaches of Sections 4, 10, or 11, or non-payment); (ii) if an Ad Network requires us to cease providing Services to you or you breach Ad Network terms; (iii) if required by law; or (iv) for Free Services, at any time for any reason. We may also discontinue the Services in whole or in part with reasonable advance notice, in which case we will refund any prepaid Fees covering the period after discontinuation — this is your sole remedy for discontinuation.
13.4 Effect of termination. Upon termination: your access ends; all unpaid Fees accrued become due; and we will delete or de-identify Customer Data in accordance with the Privacy Policy and our retention schedules (subject to backups and legal requirements). Sections 5, 6.5, 8.4, 9, 11, 14, 15, 16, and 17 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, ALL OUTPUTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DATAMIND DOES NOT WARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (III) ANY DATA, METRIC, ANALYSIS, OR OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (IV) IMPLEMENTING ANY OUTPUT WILL PRODUCE ANY PARTICULAR RESULT OR IMPROVEMENT; OR (V) THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATAMIND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY AD NETWORK OR OTHER THIRD-PARTY SERVICE, OR ABOUT THE OPERATION, FUNCTION, OR RESULTS OF ANY ADVERTISING CAMPAIGN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15.1 No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATAMIND, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, OR FOR WASTED OR INEFFECTIVE ADVERTISING SPEND, DECLINE IN ADVERTISING PERFORMANCE, COST OF SUBSTITUTE SERVICES, OR ACTIONS TAKEN BY AD NETWORKS WITH RESPECT TO YOUR AD ACCOUNTS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF DATAMIND AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO DATAMIND FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU USE ONLY FREE SERVICES, DATAMIND'S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
15.3 Basis of the bargain. THE LIMITATIONS IN THIS SECTION 15 AND THE DISCLAIMERS IN SECTIONS 5 AND 14 REFLECT AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES, ARE AN ESSENTIAL BASIS OF THE BARGAIN, AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend, indemnify, and hold harmless DataMind, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers from and against any third-party claims, actions, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your Customer Data; (ii) your breach of this Agreement or violation of applicable law; (iii) your use of any Ad Network, including any breach of Ad Network terms; (iv) any decision you make or action you take (or refrain from taking) with respect to your Ad Accounts or advertising activities, including the implementation of any Output; or (v) any claim by your client or other third party on whose behalf you use the Services. We will give you prompt notice of any such claim and reasonable cooperation at your expense; you may not settle a claim in a manner imposing obligations on us without our prior written consent.
17.1 Governing law. This Agreement is governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17.2 Informal resolution first. Before filing any claim, you agree to contact us at hello@affectgroup.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
17.3 Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Sacramento County, California, and each Party consents to the personal jurisdiction and venue of those courts. Either Party may bring qualifying claims in small claims court.
17.4 Class action waiver; time limit. To the maximum extent permitted by law: (i) all claims must be brought in the Parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding; and (ii) any claim arising out of or related to this Agreement or the Services must be filed within one (1) year after the cause of action arose, or it is permanently barred.
We may amend this Agreement from time to time by posting a revised version on the Site. For material changes, we will provide reasonable advance notice by email or in-product notification. The revised Terms take effect on the date stated in the notice (or, if none, upon posting for new customers and at the next renewal for existing Subscriptions). If you do not agree to the revised Terms, you must stop using the Services and may cancel your Subscription before they take effect; continued use after the effective date constitutes acceptance.
Affect Group Inc. Email: hello@affectgroup.com Address: 1401 21st ST, STE R, Sacramento, CA 95811, USA