Terms of Service
Effective October 21, 2026
These Terms of Service ("Terms") govern the advertising and email marketing services provided by AdWhip ("AdWhip," "we," "us") and your use of adwhip.com. By purchasing or using our services, you ("Client," "you") agree to these Terms.
1. Services
AdWhip provides performance marketing services, which may include managing advertising campaigns on Google, Meta (Facebook and Instagram) and TikTok, conversion tracking, creative testing, reporting, and customer email services ("Email Butler"). The specific services you receive are those you purchase or that we agree on in writing, including by email.
2. Fees and billing
- Service fees are billed monthly in advance through our payment processor, Stripe, at the prices shown at checkout or agreed in writing.
- Our fees cover management only. Advertising spend is paid by you directly to each ad platform and is not included in our fees.
- Standard pricing applies to total ad spend under $10,000 per month. Higher spend may require a custom rate, which we will agree with you before it applies.
- We may change our prices with at least 30 days' notice. Changes apply from your next billing period.
- If a payment fails or is late, we may pause services until the account is paid.
3. Term and cancellation
Services run month to month. You may cancel at any time by emailing team@adwhip.com or through your billing portal. Cancellation takes effect at the end of the current billing period, and fees already paid are not refunded for partial periods, except where required by law. We may end services with notice if you breach these Terms or if continuing would violate a platform's policies or the law.
4. Your responsibilities
- Give us the account access, information and approvals we reasonably need to deliver the services.
- Make sure your products, offers, claims, landing pages and any content you provide are accurate, lawful and that you have the rights to use them.
- Comply with each ad platform's policies and with applicable laws, including advertising, privacy and email marketing laws.
- For Email Butler, have permission to contact the customers you ask us to email.
5. Accounts, content and ownership
You own your ad accounts, your business data and the content you provide. Ad creative, copy and campaign assets we make for you become yours once the related fees are paid. We keep ownership of our own methods, tools, templates and know-how. We may describe results we achieved for you in anonymous form, without naming your business, unless you agree otherwise.
6. No guarantee of results
Advertising results depend on many factors outside our control, including market conditions, competition, your products, pricing and website, and platform algorithms. We work to improve your performance, but we do not guarantee any specific sales, revenue, return on ad spend, ranking or other result. Past results are not a promise of future results.
7. Third-party platforms
Our services run on third-party platforms such as Google, Meta, TikTok and Stripe, each with its own terms. We are not responsible for their outages, policy changes, ad disapprovals, account restrictions or suspensions, or changes to how they measure or report results.
8. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only to perform or receive the services, except where disclosure is required by law.
9. Limitation of liability
To the fullest extent allowed by law, AdWhip will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim related to the services is limited to the fees you paid us in the three months before the claim arose.
10. Indemnification
You agree to defend and indemnify AdWhip against claims, losses and costs arising from your products, your content, your claims to customers, or your breach of these Terms, platform policies or the law.
11. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in California.
12. Changes to these Terms
We may update these Terms from time to time. The current version is always posted on this page with its effective date. Continuing to use our services after a change means you accept the updated Terms.
13. Contact
Questions about these Terms: team@adwhip.com.