EXOD Terms of Service

Effective as of October 11, 2019

  1. Terms and acceptance
  2. Use license
  3. Payment, refund and cancellations
  4. Account set up and form submission
  5. Accuracy of provided information
  6. Approval of submitted ads
  7. Beta services
  8. User access and permissions
  9. User content
  10. Custom audiences
  11. Monitoring of content
  12. Availability of web site and services
  13. Restrictions
  14. Changes
  15. Accuracy of materials
  16. Governing Law
  17. Limitations
  18. Other terms
  19. Disclaimer
  20. Shutterstock Terms Of Use - Digital

1. Terms and acceptance

The following terms and conditions govern all use of the Exod.ai website, and all digital advertising platforms and software managed by Exod and all content, services, features, activities, and products available at or through the Website. By accessing our services and web sites, you are agreeing to be bound by these terms of service, our Privacy policy, our Cookie policy, our Community Standards and our Advertising Policy as well as; all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and our services. The materials contained in this website are protected by applicable copyright and trademark laws.

Exod allows you to access certain ad management services in exchange for a one-time or a recurring fee, as applicable to the relevant ad creation and ad management services (collectively, each a “Paid Service” and collectively the "Paid Services"). The Paid Services include Exod automated machine learning ad management services and additional add-ons or content.

By using a Paid Service, you signify your agreement to Exod’s Terms of Service and Data and Privacy Policy, Cookies policy, advertising guidelines and Facebook advertising policies applicable to your geographic location, and all other terms and conditions that generally apply to Business Facebook policies. We’ll refer to these documents together as the “Terms”. Please read the Terms carefully. If you do not understand the Terms, or do not accept any part of them, then you may not use the Paid Services.

Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.

2. Use License

  1. License to Access  You are receiving a non-exclusive license to access the Paid Service and all rights, title and interest in the Paid Services not expressly granted to you in these Terms are reserved by Exod and its licensors. If Exod reasonably determines that you have violated any of the terms and conditions of the Paid Service Terms, your rights under this Section will immediately terminate and Exod may terminate your access to the Paid Service and/or your Exod account without notice and without refund to you.

  2. License to feedback and improvements If you provide feedback, ideas, or suggestions to EXOD in connection with our Paid Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

  3. License to Client Data  
    You shall not retain ownership of any information, data, and statistics that Exod obtains from you or through your website, Exod account or Facebook Ad account, such as (but not limited to) raw data, users behavior, patterns and log files generated by or provided our platform or websites. Exod shall have all rights, titles, and interests in and to such information, data, and statistics. You hereby grant to Exod a royalty-free, nonexclusive, irrevocable, limited right and license to access your registered web page(s) and to access and log any information concerning users’ actions, entries, or activities on your web page(s), any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) or any data or other information you provide to Exod or that is provided to Exod on your behalf or by your users, including without limitation browser usage and screen resolution, and any customer resource management (CRM) data, including customer names, emails, phone numbers, addresses, and zip codes (collectively “Client Data”) for the purposes of (but not limited to) reporting, analyzing and improving our services; or compiling aggregate data derived from your use of our services to compile statistics, metrics, insights and general trend data about our services for use in our discretion, and otherwise providing you the services.     You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Exod on these terms, with the rights to use the Client Data has authorized under these terms, and further represent and warrant that the Client Data does not infringe the rights of any third party or violate any applicable law or regulation. You acknowledge that we may require access to certain software or platforms of you or your providers in order to access and use the Client Data, and you represent and warrant that you have the ability and full right to grant us access to such software and platforms to access the Client Data and use the Client Data in accordance with this Agreement.    

  4. License to Material Which You Post :  By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the Platform or Service, you hereby grant Exod an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material for the purpose of providing you the Services. You further represent and warrant that you own all rights to such Material and that the Materials do not infringe the rights of any third party or violate any applicable law or regulation.

  5. We may use your name, logos, content, and information, including materials you submit for review, screenshots and video captures of your app and your Facebook Page, for distribution, marketing, and promotional purposes, to demonstrate or feature your use of Facebook, worldwide and royalty-free in all formats and media. You also represent that you have the right to grant this permission.

3. Payment, Refund and Cancellation

EXOD accepts payment via the current payment methods indicated prior to purchase, which may include credit card methods and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase Paid Services or participate in free trial offers or other free offers related to the Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement (including without limitation the Stripe payment Terms of Service), whether with EXOD or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and EXOD does not provide price protection or refunds in the event of a price change, price reduction or promotional offering. You agree to pay for any Paid Service that you order. EXOD will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that EXOD will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reasons and we are unable to charge you on the next billing period, EXOD reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, EXOD may cancel your subscription.

If EXOD is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Paid Service. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

Payments are non-refundable, including fees and other charges. Please see additional details below. All sales are final. All services are non-transferable and non-refundable.

Subscription Cancellations
If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.

Free Trials
Exod may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. Exod may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. We require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Service on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you. If you do not want this charge, you must cancel the applicable paid subscription before the end of the trial by clicking here if you signed up for the trial through EXOD, or if you received your trial through a third party, you must cancel the applicable paid subscription through the third party.

4. Account set up and form submission

To get your services running you must follow all registration steps which may include (but are not limited to) :

  1. Fill out mandatory information form with (but not limited to) your name, company name, email address, monthly ad budget
  2. Create your Facebook Business Manager
  3. Create your Business Facebook Page
  4. Create your Facebook Ad Account
  5. Create your Facebook Pixel
  6. Add a payment method to your Facebook Ad Account
  7. Upload your content and assets
  8. Connect EXOD as Business Partners on your Business Manager

To activate the services and maximize the performance of the services, you are responsible to follow each step. To use our services you acknowledge that you will need a valid Facebook profile, a valid Business Manager account, an active Business Facebook page, a valid Facebook Ad Account and a valid payment method accepted on Facebook Business Manager Account. We are not responsible if one or more steps of the set up is not completed before the end of your monthly cycle and services cannot be delivered.  All sales are final. All services are non-transferable and non-refundable.

To maximize your Facebook Campaigns results in website traffic, e-commerce, bookings, or anything exterior of the Facebook platform, Facebook Pixel must be integrated to your website. You acknowledge the campaign performance and results could be largely decreased if this step is not completed.

5. Accuracy of provided information

In order to access our services, you will have to create an Account and fill out the mandatory information form. You represent and warrant to Exod that all information you submit when you create your Account and fill out the mandatory information form is accurate, current and complete, and that you will keep your Account information accurate, current and complete.

If Exod has reason to believe that the information you submitted is untrue, inaccurate, out-of-date or incomplete, Exod reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s) and ad account management settings and preferences such as (but not limited to) copyright, texts, content, monthly ads spent budget, desired targeted audiences. You must notify Exod immediately of any breach of security or unauthorized use of your Account. Exod will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Exod or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.  

Our team will spend the budget specified in the mandatory information form. You must make sure to input the correct monthly amount to be spent and ad management settings. We are not responsible for any mistakes or false information filled in the form.

6. Approval of submitted ads

Our paid services cover ad creation, ad management and ad optimization. Ads must be approved by Facebook review team before being published. Ads review may take 24 hours or longer. Facebook or Instagram will start running your ads once they are approved. We do not guarantee the approval of your ads by Facebook and we are not responsible for any delays caused by Facebook review team. If your ad isn't approved for not fully complying with our policies or Facebook’s policies, you can edit it and resubmit it for review.

Prohibited ads content :

1. Community Standards
Ads must not violate the Facebook Community Standards. Ads on Instagram must not violate the Instagram Community Guidelines.

2. Illegal Products or Services
Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.

3. Discriminatory Practices
Ads must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.

4. Tobacco Products
Ads must not promote the sale or use of tobacco products and related paraphernalia.

5. Drugs & Drug-Related Products
Ads must not promote the sale or use of illegal, prescription, or recreational drugs.

6. Unsafe Supplements
Ads must not promote the sale or use of unsafe supplements, as determined by Facebook in its sole discretion.

7. Weapons, Ammunition, or Explosives
Ads must not promote the sale or use of weapons, ammunition, or explosives. This includes ads for weapon modification accessories.

8. Adult Products or Services
Ads must not promote the sale or use of adult products or services, except for ads for family planning and contraception. Ads for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older.

9. Adult Content
Ads must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.

Ads that assert or imply the ability to meet someone, connect with them or view content created by them must not be positioned in a sexual way or with an intent to sexualise the person featured in the ad.

10. Third-Party Infringement
Ads must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please visit our Intellectual Property Help Center.

11. Sensational Content
Ads must not contain shocking, sensational, disrespectful or excessively violent content.

12. Personal Attributes
Ads must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.

13. Misinformation
Facebook prohibits ads that include claims debunked by third-party fact checkers or, in certain circumstances, claims debunked by organizations with particular expertise. Advertisers that repeatedly post information deemed to be false may have restrictions placed on their ability to advertise on Facebook. Find out more about Fact Checking on Facebook here.

14. Controversial Content
Ads must not contain content that exploits controversial political or social issues for commercial purposes.

15. Non-Functional Landing Page
Ads must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.

16. Surveillance Equipment
Ads may not promote the sale of spy cams, mobile phone trackers or other hidden surveillance equipment.

17. Grammar & Profanity
Ads must not contain profanity or bad grammar and punctuation. Symbols, numbers and letters must be used properly without the intention of circumventing our ad review process or other enforcement systems.

18. Nonexistent Functionality
Ads must not contain images that portray nonexistent functionality. This includes imagery that replicates play buttons, notifications, or checkboxes, as well as ads containing features that do not work, such as multiple choice options in the ad creative itself.

19. Personal Health
Ads must not contain "before-and-after" images or images that contain unexpected or unlikely results. Ad content must not imply or attempt to generate negative self-perception in order to promote diet, weight loss, or other health related products.

20. Payday Loans, Paycheck Advances, and Bail Bonds
Ads may not promote payday loans, paycheck advances, bail bonds, or any short-term loans intended to cover someone's expenses until their next payday. Short term loan refers to a loan of 90 days or less.

21. Multi Level Marketing
Ads promoting income opportunities must fully describe the associated product or business model, and must not promote business models offering quick compensation for little investment, including multi level marketing opportunities.

22. Penny Auctions
Ads may not promote penny auctions, bidding fee auctions, or other similar business models.

23. Counterfeit Documents
Ads may not promote fake documents, such as counterfeit degrees, passports or immigration papers.

24. Low Quality or Disruptive Content
Ads must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines or prompts for users to inauthentically interact with the ad, and leading people to landing pages that contain minimal original content and a majority of unrelated or low quality ad content

25. Spyware or Malware
Ads must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.

26. Automatic Animation
Ads must not contain audio or flash animation that plays automatically without a person's interaction or expands within Facebook after someone clicks on the ad.

27. Unauthorized Streaming Devices
Ads must not promote products or items that facilitate or encourage unauthorized access to digital media.

28. Circumventing Systems
Ads must not use tactics intended to circumvent our ad review process or other enforcement systems. This includes techniques that attempt to disguise the ad's content or destination page.

29. Prohibited Financial Products and Services
Ads must not promote financial products and services that are frequently associated with misleading or deceptive promotional practices.

30. Sale of Body Parts
Ads must not promote the sale of human body parts or fluids.

31. Misleading Claims
Ads must not contain deceptive, false, or misleading claims like those relating to the effectiveness or characteristics of a product or service or claims setting unrealistic expectations for users such as misleading health, employment or weight-loss claims.

32. Unacceptable Business Practices

Ads must not promote products, services, schemes or offers using deceptive or misleading practices, including those meant to scam people out of money or personal information.

33.  Activities contrary to our interests

Don't promote content, services, or activities contrary to our competitive position, interests, or advertising philosophy or contrary to a third party such as (but not limited to) Facebook, Instagram.

Ads for the following must comply to specific conditions :

  1. Alcohol : Ads that promote or reference alcohol must comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals, and include age and country targeting criteria consistent with Facebook's targeting guidelines and applicable local laws.

  2. Dating : Ads for online dating services are only allowed with prior written permission from Facebook.

  3. Real Money Gambling : Ads that promote or facilitate online real money gambling, real money games of skill or real money lotteries, including online real money casino, sports books, bingo, or poker, are only allowed with prior written permission by Facebook and must target people 18 years or older who are in jurisdictions for which permission has been granted.

  4. State Lotteries : Lotteries run by government entities may advertise on Facebook, provided the ads are targeted in accordance with applicable law in the jurisdiction in which the ads will be served and only target people in the jurisdiction in which the lottery is available.

  5. Online Pharmacies : Ads must not promote the sale of prescription pharmaceuticals. Ads for online and offline pharmacies are only permitted with prior written permission by Facebook.

  6. Promotion of Over-The-Counter Drugs : Ads that promote over-the-counter medicines must comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals, and include age and country targeting criteria consistent with applicable local laws.

  7. Subscription Services: Ads for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to our subscription services requirements.

  8. Financial and Insurance Products and Services : Ads promoting credit card applications, or financial services with accredited institutions must clearly provide sufficient disclosure regarding associated fees, including APR percentages, transaction fees, interest rates and the physical address of the entity offering the product within the ad's landing page. Ads promoting credit cards, loans or insurance services must be targeted to people 18 years or above. Ads promoting credit cards, loans or insurance services must not directly request the input of a person’s financial information, including credit card information.

  9. Branded Content : Ads promoting branded content must tag the featured third party product, brand or business partner using the branded content tool. Branded content within ads is defined as a creator or publisher's content that features or is influenced by a business partner for an exchange of value. When promoting branded content integrations, advertisers must use the branded content tool.

  10. Ads About Social Issues, Elections or Politics : Advertisers can run ads about social issues, elections or politics, provided the advertiser complies with all applicable laws and the authorization process required by Facebook. Where appropriate, Facebook may restrict issue, electoral or political ads.

  11. Cryptocurrency : Ads may not promote cryptocurrency trading or related products and services without prior written permission. Details on the requirements for permission can be found, here.

  12. Drug and Alcohol Addiction Treatment : Facebook requires advertisers who wish to run addiction treatment ads targeting the USA to be certified with LegitScript, and apply to Facebook for permission to advertise. Addiction treatment ads include, but are not limited to: Clinical addiction treatment services or websites providing information about in-person treatment, online and in-person support groups, and crisis hotlines for those in recovery or who are seeking information about addiction treatment.

  13. Weight Loss Products and Plans : Ads marketed at or for weight loss must be targeted to people 18 years or older.

7. Beta Services

We may offer services paid or free (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:

  1. You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;

  2. The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments;

  3. Exod reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;

  4. Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;

  5. Exod may limit availability of customer service support time dedicated to the support of the Beta Services;

  6. You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Exod;

  7. You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Exod

  8. The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Exod disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

8. User access and permissions

By using our services, you give full consent to Exod to post, manage and modify content and/or ads on your behalf on a third party platform such as (but not limited to) : Facebook, Instagram, Snapchat or Tiktok. To active the services and  in order for us to provide you with our services, you need to give us a Business Partnership access to third-party platform. You are responsible for providing those access.

9. User content

We may allow Users to view, post, publish, share, store, or manage :

  1. ideas, opinions, recommendations, or advice via forum posts, content submitted, contest participation, product reviews or recommendations, or photos to be incorporated into your social media (“User Submissions”), or literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).

  2. All content submitted through your Account is considered User Content.

By posting or publishing User Content, you represent and warrant to Exod that

  1. You have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.  User Submissions.

  2. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Exod to treat your User Submissions as confidential or secret, that Exod has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Exod may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.  

  3. Exod shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.  User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Exod to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Exod a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.

10. Custom audiences

Through our services you can create custom audiences. This feature enables you to create an audience using your data such as email addresses and phone numbers. When using this feature through Exod, your data is locally hashed on your system before you upload and pass such data to Exod and third-parties to be used to create your custom audience (the “Hashed Data”) on the third-parties platforms. Without limiting any agreement between you and Exod, by clicking “I accept” passing to Exod the Hashed Data, or using custom audiences for advertising, you agree to the following:

  • You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

  • If you are providing Hashed Data on behalf of an advertiser, you represent and warrant that you have the authority as agent to the advertiser to disclose and use such data on their behalf and will bind the advertiser to these terms.

  • You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.

  • You instruct Exod to use the Hashed Data for the matching process on a third-party platform. We will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Exod’s systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Exod’s systems.

  • When using Exod to create a custom audience on a third-party such as Facebook, we will give access to or information about the custom audience(s) only to that specific third-party, we will not use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.

  • Exod may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Exod system at any time through your account tools.

  • You may not use the custom audiences feature unless you are an advertiser (or an agency acting on behalf of an advertiser), Ads API or Custom Audiences API partner, a data partner uploading an audience on behalf of that advertiser.

  • You may not sell or transfer your custom audiences, or authorize any third party to sell or transfer custom audiences. If you have entered into an independent agreement with a partner for licensing marketing information, you may use the custom audiences tools and sharing functionality to create and provide custom audiences for advertising based on that information, subject to the requirements of these terms and applicable law.

11. Monitoring of content

Exod reserves the right (but undertakes no duty) to monitor content and decide whether any item of User Content is appropriate and/or complies with this Agreement. We may remove any item of User Content and/or terminate a User’s access to this website or the paid services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Exod in its sole and absolute discretion), at any time and without prior notice. Exod may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

You will not use this web site or the services to :

  1. promotes or encourages illegal activity;

  2. Promotes, encourages or engages in child pornography or the exploitation of children;

  3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;

12. Availability of the website and services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Paid services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time, this web site and/or Paid services may be inaccessible or inoperable for any reason including, but not limited to, Facebook Business services interruption, failure or shutdown, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable.

You acknowledge and agree that we have no control over the availability of this web site or our Paid services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

13. Restrictions

When you use the Paid Service, you may not (or may not attempt to):

  • use the Paid Service in an illegal manner or for an illegal purpose;

  • share your Exod account password with someone else to allow them to access any Paid Service that such person did not order;

  • copy, sell, rent, or sublicense the Paid Services to any third party;

  • circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Exod uses to protect the Paid Service or encourage or help anyone else to do so;

  • access the Paid Service other than by means authorized by Exod; or remove any proprietary notices or labels on Paid Services.

14. Changes

Changes or Discontinuation of Paid Services. Exod reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.

Changes to the Paid Service Terms. If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.

EXOD may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

15. Accuracy of materials

The materials appearing on EXOD's website could include technical, typographical, or photographic errors. EXOD does not warrant that any of the materials on its website are accurate, complete or current. EXOD may make changes to the materials contained on its website at any time without notice. However EXOD does not make any commitment to update the materials.

EXOD has not reviewed all of the sites linked to its website and is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by EXOD of the site. Use of any such linked web site is at the user's own risks.

16. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Quebec and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

17. Limitations

In no event shall EXOD or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials or services on EXOD's website, even if EXOD or a EXOD authorized representative has been notified orally or in writing of the possibility of such damage.

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the EXOD service is to uninstall any EXOD software and to stop using the service. You agree that Exod has no obligation or liability arising from or related to third party applications or the content thereof made available through or in connection with the Exod service, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Exod, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications. In no event will Exod, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:

  1. Any loss or damage (including any indirect, special, incidental, punitive or exemplary, damages) which is not foreseeable. loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might;

  2. Any loss of use; loss of data; loss of business; loss of profits; or damage to devices, to the extent you could have avoided such damage by following our advice to apply updates to the services or content or if such damage is caused by you failing to correctly follow installation instructions or have in place the minimum system requirements advised by us, in all cases arising out of the use of or inability to use Exod service, devices, third party applications, or third party application content, regardless of legal theory, without regard to whether Exod has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose;

  3. Aggregate liability for all claims relating to the paid services, third party applications, or third party application content more than the amounts paid by you to Exod during the prior twelve months in question; or

  4. Non-performance or inadequate performance or delay to the obligations deriving from the agreements caused by force majeure or any cause which is not reasonably foreseeable or beyond Exod’s reasonable control.

18. Other Terms

  1. The Paid Services are being provided by Exod, reachable via email online form. Complaints and/or feedback about your Paid Service experience may be sent to the address above or provided online as described above. You may also contact our customer support team by contacting the team.

  2. You agree that you are solely responsible for (and that Exod has no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which Exod may suffer) of any such breach.

  3. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Exod. Your online acceptances constitute a binding agreement between you and Exod and signify your intent to be bound to such online acceptances.

  4. Unless not permitted by applicable law, you acknowledge and agree that these Paid Service Terms, your transaction for the Paid Service, and your relationship with Exod under these Paid Service Terms shall be governed by the laws of Canada, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Exod Website and the Paid Services will be decided exclusively by a court of competent jurisdiction located in Canada.

  5. You acknowledge and agree that your transaction for the Paid Service is with Exod.

  6. We may access your account, for support, maintenance or security-related reasons.
  7. By using our services to manage ads on Facebook, you agree to Facebook’s Statement of Rights and Responsibilities, including the Advertising Policies.

19. Disclaimer

  1. The materials and services on EXOD's website are provided on an 'as is' basis. EXOD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, EXOD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

20. Shutterstock Terms of Use - Digital

  1. Content is for digital use within EXOD.ai only and may not be used for printing.
  2. You may not use the content as a trademark for a business.
  3. You may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment.
  4. You may only use the content in campaigns and content created on EXOD.ai, and not with other website or content services.