These terms are a working draft and have not been reviewed by a lawyer. They are not yet in force.
These terms are an agreement between you (or the organisation you represent, "Customer") and Buildberg Pty Ltd, operating Fovea ("Fovea", "we"). By creating an account or using the service you agree to them.
1. The service
Fovea is a web application for storing, tagging, searching and analysing advertising creative, linked to your product catalog and advertising performance data. Features differ by plan, as described on our pricing page. Features marked "Coming soon" are not part of the service until released.
2. Accounts and workspaces
You must give accurate account information and keep your login secure. You are responsible for activity in your workspaces, including by people you invite. Workspace owners decide who has access and what role each person has.
3. Trials, plans and billing
- New accounts can start a 14-day free trial with no card required. Trial limits are shown at sign-up.
- Paid plans are billed in advance, monthly or annually, through our payment processor. Prices exclude taxes unless stated.
- Plans have limits (for example workspaces, seats, assets and tracked competitor brands). If you exceed a limit we may ask you to upgrade before adding more.
- You can cancel at any time. Cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable.
- We may change prices with at least 30 days' notice before your next renewal.
4. Your content
You keep all rights to the content you upload, import or connect ("Customer Content"). You give us permission to host, copy, process and display it only as needed to provide and support the service, including sending it to our AI provider to generate tags, transcripts and suggestions for you. We do not use Customer Content to train AI models.
You confirm you have the rights and permissions needed for the content you upload and the accounts (such as Meta and Shopify) you connect.
5. Third-party services
Fovea connects to services such as Meta and Shopify using credentials you provide. Your use of those services is governed by their terms. We are not responsible for changes to or outages of third-party services, including changes to the data they make available.
6. Competitor ad archive
The competitor ad archive contains ads published in Meta's public Ad Library, collected and refreshed by Fovea. It is provided for research and inspiration. You are responsible for how you use it, including respecting the intellectual property of the brands whose ads appear in it.
7. Acceptable use
Do not use Fovea to break the law, infringe others' rights, upload malware, attempt to access other customers' data, overload or reverse engineer the service, or resell it without our written agreement.
8. Confidentiality and data protection
Each party will protect the other's confidential information with reasonable care. Our handling of personal data is described in the Privacy Policy, and our processing of personal data in Customer Content is governed by the Data Processing Addendum.
9. Availability and support
We work to keep Fovea available and secure but do not guarantee uninterrupted service except where a separate service level agreement applies (Enterprise).
10. Termination
You can stop using Fovea at any time. We may suspend or terminate accounts that breach these terms or fail to pay. After termination you will have a reasonable period to export your Customer Content, after which it will be deleted.
11. Disclaimers and liability
The service is provided "as is". Analytics, AI tags and suggestions are aids to your judgement, not guarantees of advertising results. To the extent permitted by law, neither party is liable for indirect or consequential losses, and each party's total liability is limited to the fees paid by Customer in the 12 months before the claim.
12. General
These terms are governed by the laws of the jurisdiction in which Buildberg Pty Ltd is incorporated, unless agreed otherwise in writing. We may update these terms; material changes will be notified to account owners in advance.
Questions: legal@foveahq.com.