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Terms of Service

Version1.0 (draft)
Last updated2026-05-15
Effective fromPending legal review
Governing lawUSA · EU · UK · India · UAE · Global
This is a working draft. The terms below set out the agreement between Adfinia and the customer that uses the platform. Final wording is pending external legal review and may change before commercial publication. The structure follows benchmarks set by leading marketing-platform terms in the EU and India and incorporates UAE law required for an Abu Dhabi-headquartered entity. For negotiated enterprise terms or to suggest edits, contact support@adfinia.com.

About these terms

These Terms of Service are a binding contract between you and Adfinia. By creating an account, accessing the platform, or otherwise using the service, you agree to be bound by them.

The service is operated by Infinia Technologies LLC ("Adfinia", "we", "us"), an entity registered in Abu Dhabi, United Arab Emirates. These terms apply to anyone who uses Adfinia — whether on a self-service subscription, a free trial, or a negotiated enterprise agreement.

If you are entering into these terms on behalf of an organisation, you confirm you have authority to bind that organisation. In that case, "you" and "Customer" refer to that organisation.

Where you and Adfinia have signed a separate written order form, master services agreement, or enterprise agreement, that document controls to the extent it conflicts with these terms.

Definitions

Capitalised terms used in these Terms of Service have the meanings below. References to a regulation are to that regulation as amended from time to time.

  • "Adfinia" or "we" — Infinia Technologies LLC and any of its affiliates that we permit to provide the service.
  • "Customer" or "you" — the legal entity that has registered an Adfinia tenant.
  • "User" — any individual authorised by the Customer to access the platform.
  • "Service" or "Platform" — the Adfinia products you have access to under your subscription, together with any associated APIs, documentation, support, and updates.
  • "Customer Data" — all data, content, and information the Customer or its Users upload to, transmit through, or generate on the Platform, including contact records, segments, campaign content, audience definitions, ad-account data, attribution events, AI-prompt history, and audit logs.
  • "Order" — an online sign-up flow or signed order form that identifies the subscription plan, term, fees, and tenant metadata.
  • "DPA" — the Data Processing Addendum at adfinia.com/legal/dpa, automatically incorporated into these Terms.
  • "AUP" — the Acceptable Use Policy in §5.
  • "SLA" — the Service Level Agreement at adfinia.com/legal/sla, applicable to paid tiers.

Account & access

Eligibility

You must be at least the age of majority in your jurisdiction (18 years in the UAE) and capable of entering into a binding contract. The Service is intended for business use; consumers should not register accounts.

Registration

You provide accurate and complete registration information and keep it current. You are responsible for all activity on your tenant, including activity by your Users and by anyone using their credentials. You will notify Adfinia promptly of any unauthorised access.

Security of credentials

You must use strong, unique credentials and, where available, multi-factor authentication. You agree not to share credentials between Users; each User must have their own login.

Authorised resellers and partners

Where you obtain access via an authorised reseller or partner, your subscription is procured on these Terms and the additional terms of your reseller order form. Adfinia remains the service provider.

Subscription, billing & refunds

Tiers and pricing

The Platform is offered in multiple subscription tiers, published at adfinia.com/pricing or set out in your Order. The applicable tier, fees, billing cycle, and term are those in your Order at the date you accept these Terms. Adfinia may change list prices with at least 30 days' notice; price changes take effect at your next renewal.

Pass-through costs

Where the Platform passes through third-party costs — for example, AI inference fees charged to us by an LLM provider, ad spend you authorise on a connected ad account, or per-message activation costs — those costs are billed at-cost plus a stated margin documented on your Order. We will not bill pass-through costs that are not itemised.

Auto-renewal

Subscriptions auto-renew for successive periods equal to the initial term unless either party gives written notice of non-renewal at least 30 days before the end of the current period.

Payment

Invoices are payable in the currency stated on the invoice within the period stated (30 days unless your Order says otherwise). Late payments accrue interest at the lower of 1% per month or the maximum permitted by law. We may suspend the Service if invoices remain unpaid 30 days past their due date — see §10.

Taxes

Fees are exclusive of VAT and other applicable taxes, which you are responsible for paying. Where Adfinia is required by law to collect tax, we will add it to your invoice.

Refunds

Except where required by mandatory consumer law, subscription fees paid in advance are non-refundable. If we materially breach these Terms and fail to cure within 30 days of your written notice, you may terminate the affected subscription and we will refund the pro-rated unused portion of fees pre-paid for that subscription.

Acceptable use

You agree that you (and your Users) will not:

  • Use the Service for unlawful purposes or in violation of any applicable law — including anti-spam law (CAN-SPAM, ePrivacy, India DPDP Section 7 consent rules, UAE TDRA / TRA regulations), consumer-protection law, sanctions law, export controls, or anti-money-laundering rules.
  • Send unsolicited commercial communications to contacts who have not given the required consent or who have opted out. The Platform's consent and suppression features are mandatory pre-send gates and may not be circumvented.
  • Upload personal data without a lawful basis, or upload special-category data (Art. 9 GDPR / DPDP sensitive personal data) without the additional safeguards required by law.
  • Use the Service to send phishing, malware, scam, or fraud-related communications, or to defame, harass, threaten, or impersonate any person.
  • Reverse engineer, decompile, or attempt to extract source code or model weights of the Service, except to the extent permitted by mandatory law.
  • Circumvent or attempt to circumvent the rate limits, tenant-isolation, suppression, or billing gates of the Service.
  • Use the Service to build or train a competing product, or to benchmark the Service without our prior written consent.
  • Use Adfinia-generated AI output as part of a deepfake, biometric-identification, or other use case prohibited under the EU AI Act, the UAE AI regulatory framework, or other applicable AI law.
  • Probe, scan, or test the vulnerability of the Service except under a coordinated programme we have authorised in writing.

We may, in our sole reasonable judgement, suspend a tenant that breaches the AUP — see §10. Repeated or material breach is a ground for termination.

Customer data & ownership

You own your data. Adfinia processes it on your instructions.

Ownership

As between you and Adfinia, you retain all right, title, and interest in Customer Data. You grant Adfinia a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and otherwise process Customer Data solely to provide the Service and the support functions described in the DPA.

Aggregated and de-identified data

Adfinia may use aggregated, statistical, or fully de-identified data derived from Customer Data — provided the result cannot be re-identified — to operate, secure, and improve the Service and to publish industry benchmarks. We will not publish anything that identifies you or your customers without your written consent.

AI training

Adfinia does not use Customer Data to train any foundation model or general-purpose AI system, and we contractually prohibit our LLM sub-processors from using your prompts and completions to train their models. Per-tenant AI configuration, including the Sovereign mode that pins inference to your own GPU, is described in your Order and at adfinia.com/features/sovereign-ai.

Compliance posture

You represent that you have a lawful basis (GDPR Art. 6 / DPDP Section 7 / PDPL Article 4) for the Customer Data you upload and the campaigns you run through the Platform. You are responsible for honouring data-subject rights with respect to Customer Data; the Platform provides tooling that helps, but cannot determine the underlying lawful basis for you.

Data return and deletion

On termination of your subscription, Adfinia will make Customer Data available for export in a structured machine-readable format for 30 days. After that period — and in any case within 60 days of termination — Adfinia will permanently delete Customer Data from production systems, analytical stores, and backups, except where retention is required by law. The full procedure is in the DPA.

Intellectual property

Adfinia retains all right, title, and interest in the Service, the Adfinia software, Adfinia trademarks, Adfinia documentation, and any improvement, derivative, or feedback-derived enhancement to the Service. No rights are granted except those expressly set out in these Terms.

If you provide feedback or suggestions, you grant Adfinia a perpetual, irrevocable, royalty-free licence to use that feedback to improve the Service. You may indicate that feedback is confidential at the time of giving it; we will treat it as such if you do.

The Adfinia name, logo, and brand assets are trademarks of Infinia Technologies. You may not use them except to identify Adfinia as your vendor, and only in line with published trademark guidelines at adfinia.com/legal/brand-use.

Confidentiality

Each party may receive confidential information from the other in the course of these Terms. The receiving party agrees to:

  • Use confidential information only to perform under these Terms.
  • Protect it with at least the same degree of care it uses for its own confidential information, and never less than a reasonable standard.
  • Disclose it only to employees, contractors, and advisors who need it and who are bound by confidentiality obligations no less protective than these.
  • Return or destroy it on the other party's written request after termination, except for one archival copy retained for legal or audit purposes.

Confidential information does not include information that is or becomes publicly available without breach of these Terms, was rightfully known before disclosure, or was independently developed without use of the disclosing party's confidential information. Disclosure required by law is permitted, with prior notice to the other party where lawful.

Service availability & SLA

Adfinia aims to make the Platform available 24/7. The applicable uptime commitments, service-credit mechanism, planned-maintenance windows, and incident communication policy are set out in the SLA, which applies to paid tiers.

Service credits are your exclusive remedy for any failure to meet the SLA, except where mandatory law provides otherwise.

Suspension

Adfinia may suspend the Service, in whole or in part, with notice that is reasonable in the circumstances, if:

  • You materially breach these Terms, including the AUP, and do not cure within 7 days of our written notice (or immediately, in the case of breaches that cause harm to others — for example, spam, abuse, or active security incidents).
  • An invoice remains unpaid more than 30 days past its due date.
  • Your account presents a security or legal risk to Adfinia, our other customers, or the recipients of your communications.
  • We are required by law, court order, or regulator instruction to suspend.

Suspension does not relieve you of the obligation to pay fees. We will restore the Service once the cause of suspension is resolved.

Term & termination

Term

These Terms apply from the date you create your account or accept them and continue until terminated.

Termination for convenience

Either party may terminate at the end of the current subscription term by giving at least 30 days' written notice of non-renewal. Pre-paid fees are non-refundable except as set out in §4.

Termination for cause

Either party may terminate immediately if the other party (a) materially breaches these Terms and fails to cure within 30 days of written notice; (b) becomes insolvent, files for bankruptcy, or ceases business; or (c) is subject to sanctions, export restrictions, or a court order that prevents performance.

Effect of termination

On termination: (i) your access to the Service ends; (ii) Customer Data export is available for 30 days; (iii) Customer Data is permanently deleted as set out in §6; (iv) any fees accrued through the termination date remain payable; (v) provisions of these Terms that by their nature should survive — including ownership, confidentiality, liability, indemnification, and governing law — survive.

Warranties & disclaimers

Each party warrants that it has the power and authority to enter into these Terms. Adfinia further warrants that the Service will perform materially in accordance with its published documentation. Your exclusive remedy for breach of this warranty is for Adfinia to use commercially reasonable efforts to remedy the non-conforming Service; if we cannot, you may terminate the affected subscription and receive a pro-rated refund of pre-paid unused fees.

Except as expressly set out in these Terms, the service is provided "as is" and "as available". to the maximum extent permitted by law, Adfinia disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Adfinia does not warrant that the service will be uninterrupted, error-free, or secure, or that any specific result will be achieved.

Limitation of liability

To the maximum extent permitted by law:

  • Neither party will be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
  • Each party's total aggregate liability arising out of or relating to these Terms — whether in contract, tort, or otherwise — will not exceed the fees paid or payable by you to Adfinia under these Terms in the 12 months preceding the event giving rise to the liability.

The exclusions and limitations in this section do not apply to: (a) either party's breach of confidentiality; (b) either party's indemnification obligations; (c) your obligation to pay fees; (d) Adfinia's gross negligence or wilful misconduct; or (e) any liability that cannot be excluded or limited as a matter of law.

Indemnification

By Adfinia

Adfinia will defend, indemnify, and hold you harmless from third-party claims alleging that your authorised use of the Service infringes that third party's patent, copyright, trademark, or trade-secret rights. Our obligation does not apply where the alleged infringement results from your unauthorised modification of the Service, your combination of the Service with anything we did not supply, or your use of the Service after we have notified you to stop.

If we receive notice of an infringement claim, we may at our option (i) procure a right for you to continue using the Service, (ii) replace or modify the Service to make it non-infringing while preserving its material functionality, or (iii) terminate the affected subscription and refund pre-paid unused fees.

By you

You will defend, indemnify, and hold Adfinia harmless from third-party claims arising out of (i) Customer Data, including any claim that Customer Data infringes a third party's rights or violates applicable law; (ii) your breach of the AUP; (iii) your communications to your contacts; or (iv) your gross negligence or wilful misconduct.

Procedure

The indemnified party will give prompt written notice of any claim, provide reasonable cooperation in the defence, and allow the indemnifying party to control the defence and any settlement. The indemnifying party may not settle without the indemnified party's consent if the settlement requires admission of liability or any non-monetary obligation by the indemnified party.

Governing law & disputes

These Terms are governed by the laws of the Emirate of Abu Dhabi and the federal laws of the United Arab Emirates applicable therein, without regard to conflict-of-laws principles.

Where you are a consumer (as defined under applicable mandatory consumer-protection law) or where mandatory local law of your country gives you stronger rights, nothing in this section deprives you of those rights.

Disputes

The parties will first attempt to resolve any dispute by good-faith negotiation between executives with authority. If a dispute is not resolved within 30 days of written escalation, either party may commence formal proceedings.

Subject to mandatory law, any dispute arising out of or in connection with these Terms — including any question of its existence, validity, or termination — will be referred to and finally resolved by arbitration administered by the Abu Dhabi Global Market Arbitration Centre (ADGMAC) under the ADGMAC arbitration rules in force at the time. The seat of arbitration is Abu Dhabi Global Market; the language is English; the tribunal will consist of one arbitrator unless the dispute exceeds USD 1,000,000, in which case three arbitrators.

Either party may seek interim or injunctive relief from any court of competent jurisdiction to protect its intellectual property or confidential information pending arbitration.

Changes to these terms

We may update these Terms from time to time. The version number and last-updated date at the top of this page always reflect the current version. Where changes are material — for example, changes that expand your obligations, narrow our liability, or change governing law — we will give at least 30 days' notice before they take effect, by email to your billing contact and a notice in-app. If you do not accept the changes, your sole remedy is to terminate at the end of your current subscription term by giving notice before the changes take effect; you will not be charged for any subsequent term. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. Older versions are archived at adfinia.com/legal/terms/history.

General provisions

Entire agreement

These Terms, together with your Order, the DPA, the SLA, the AUP, and any other documents expressly referenced, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

Order of precedence

In the event of conflict: (1) any signed enterprise agreement; (2) your Order; (3) the DPA; (4) these Terms; (5) the SLA and AUP.

Assignment

You may not assign these Terms without our prior written consent (not unreasonably withheld). Adfinia may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force majeure

Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, or pandemics, provided the affected party takes reasonable steps to mitigate.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, severed; the remaining provisions will continue in full force.

No waiver

A failure or delay in exercising any right is not a waiver of that right.

Independent contractors

The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.

Notices

Notices to Adfinia must be sent to support@adfinia.com, with a copy to our registered office in Abu Dhabi (to be confirmed before publication). Notices to you will be sent to the billing email on your account and are deemed received on the next business day after sending.

Export controls

You will comply with all applicable export-control and sanctions laws, including those of the UAE, EU, UK, and (where applicable) the United States. You confirm you are not located in, and will not use the Service in, any country subject to comprehensive sanctions.

Contact

For commercial, contractual, legal, privacy, or security questions, write to us at the single support address below — mark the subject line so we can route it (e.g. "Legal", "Privacy", "Security"):