Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Memosight AdAgent platform, website, and related services (collectively, the "Service"), operated by Decision Foundry™ ("Memosight", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you are acting on behalf of an organisation, you warrant that you have authority to bind that organisation.
If you do not agree to any provision of these Terms, you must discontinue use of the Service immediately.
1. Description of Service
Memosight AdAgent is an AI-powered campaign intelligence platform that connects to Google Ads accounts (and, in future, other advertising platforms) to surface performance anomalies, generate campaign action recommendations, and provide data-driven insights to marketing teams.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. Individual client engagements may be governed by separate Statements of Work or Master Service Agreements, which take precedence over these Terms where they conflict.
2. User Accounts and Obligations
To use the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the confidentiality of your account credentials
- Use the Service only for lawful purposes and in compliance with applicable law
- Refrain from attempting to gain unauthorised access to any part of the Service or its underlying infrastructure
- Not use the Service to transmit harmful, abusive, or unlawful content
- Take responsibility for all activities that occur under your account
Access to the Service is invite-only or subject to administrator approval. Accounts may be suspended or terminated for violations of these Terms.
3. Google Ads Integration
The Service integrates with Google Ads via the Google Ads API. By connecting your Google Ads account, you grant Memosight permission to access your campaign data as authorised through Google's OAuth 2.0 flow. You represent that you have the authority to grant this access. You may revoke access at any time through your Google account settings or by disconnecting the integration within the Service.
Your use of the Google Ads integration is also subject to Google's Terms of Service.
4. Intellectual Property
All content, software, designs, trademarks, and materials comprising the Service are the property of Decision Foundry™ or its licensors, protected by applicable copyright and intellectual property law. You may not reproduce, distribute, modify, or transmit any Service materials without prior written consent, except as permitted for temporary browser caching during normal use.
The Memosight name, logo, and associated marks are trademarks of Decision Foundry™. Use of these marks requires express written permission.
Data you upload to the Service (including media plans and campaign files) remains your property. You grant Memosight a limited licence to process that data solely to provide the Service to you.
5. Confidentiality
Each party agrees to maintain the confidentiality of non-public information shared for the purpose of using or providing the Service. Exceptions apply to information that is publicly available, previously known to the receiving party, independently developed, or disclosed with consent.
6. AI-Generated Recommendations
The Service uses AI and machine learning to generate campaign insights and action recommendations. These recommendations are informational only. You are solely responsible for reviewing, approving, or rejecting any action before it is applied to your advertising accounts. Memosight makes no guarantee that AI recommendations will achieve specific campaign outcomes.
7. Limitation of Liability
To the fullest extent permitted by law, Memosight and Decision Foundry™ disclaim liability for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of revenue, data, or business opportunity.
Our maximum aggregate liability for any claim arising from these Terms or your use of the Service shall not exceed the amounts paid by you in the twelve months preceding the claim, or USD $100, whichever is greater.
8. Indemnification
You agree to indemnify and hold harmless Memosight and Decision Foundry™, its officers, directors, employees, and agents from any claims, losses, or damages (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your infringement of any third-party rights.
9. Termination
Memosight may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, your right to use the Service ceases immediately. Provisions regarding intellectual property, confidentiality, limitation of liability, and governing law survive termination.
10. Governing Law
These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles. Exclusive jurisdiction for any dispute lies in the courts of New York County, New York.
11. Dispute Resolution
The parties will attempt to resolve disputes in good faith before initiating formal proceedings. Unresolved disputes shall proceed to binding arbitration under the rules of the American Arbitration Association in New York. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property.
12. Changes to Terms
We may modify these Terms at any time. Changes will be posted to this page with an updated date. Where changes are material, we will provide notice via email or a prominent in-app notification. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Contact
Memosight (a product of Decision Foundry™)
New York, NY
Email: legal@memosight.com
Phone: +1 646 396 0346