Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Marketing Systems AU Pty Ltd (“Marketing Systems AU”, “we”, “us” or “our”), an Australian company and the operator of Advec (the “Service”), available at getadvec.com.

By creating an account or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Service on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and “you” refers to both you and the organisation. If you do not agree to these Terms, do not use the Service.

Advec is a change-tracking tool for digital marketers. With your permission, it connects to your Meta Ads and Google Ads accounts and to landing pages you nominate, records changes over time (such as budgets, statuses, targeting, schedules, creatives and page content), and presents that change history to you through dashboards, notifications and reports.

The Service is a monitoring and record-keeping aid. It does not provide marketing, financial or legal advice, and it does not modify your ad accounts or websites.

The Service is intended for use by professionals in a business context. You must be at least 16 years old and capable of forming a binding contract to use the Service. To the extent permitted by law, you agree that you are acquiring the Service for business purposes.

When you register for an account, you agree to:

• provide accurate, current and complete information;
• keep your password secure and confidential;
• notify us promptly at dinesh@marketingsystems.com.au if you suspect any unauthorised use of your account; and
• take responsibility for all activity that occurs under your account, except to the extent caused by our breach of these Terms.

The Service works by connecting to your Meta Ads and Google Ads accounts through each platform’s authorisation (OAuth) process. When you connect an account, you:

• warrant that you are authorised to connect that account and to give us access to its data — for example, that it is your account or that your client or employer has permitted you to connect it;
• authorise us to access the account under the permission scopes you approve during the consent flow, solely to provide the Service;
• agree to comply with the applicable platform terms, including Meta’s and Google’s terms of service and developer policies.

You can disconnect a connected account at any time from the Service, and we will delete the associated access tokens as described in our Privacy Policy.

You may ask the Service to monitor web pages by nominating their URLs. You must only nominate pages that you own, operate or are otherwise authorised to monitor (for example, a client’s landing page with the client’s permission). You are responsible for ensuring your use of website monitoring complies with applicable law and any terms that apply to the monitored site.

You must not, and must not attempt to:

• use the Service in breach of any applicable law or regulation;
• access or monitor accounts, data or websites that you are not authorised to access or monitor;
• interfere with or disrupt the Service, or circumvent its security or access controls;
• reverse engineer, decompile or disassemble the Service, except to the extent permitted by law;
• resell, sublicense or provide the Service to third parties as a service bureau without our prior written consent;
• use the Service to store or transmit malicious code, or material that is unlawful, infringing or defamatory;
• impose an unreasonable load on our infrastructure, including through automated bulk access outside the Service’s intended use.

We may suspend or limit your access while we investigate a suspected breach of this section.

The Service is currently provided at no charge. We may introduce paid plans or fees in the future. If we do, we will give you at least 30 days’ notice, and continued use of paid features after that notice period will require a subscription. We will not charge you without your agreement.

Any fees we introduce will be stated in Australian dollars and inclusive or exclusive of GST as indicated at the time.

You retain all ownership rights in the data and content that you submit to the Service or that we retrieve from your connected accounts and monitored pages on your behalf (“Your Data”).

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and display Your Data solely as needed to provide, maintain, secure and improve the Service. This licence ends when Your Data is deleted from the Service, subject to the retention periods described in our Privacy Policy.

You are responsible for Your Data, including its accuracy and legality, and for maintaining your own copies. The Service is not a backup service.

We (and our licensors) own all intellectual property rights in the Service, including its software, design, branding and documentation. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms for your internal business purposes. Nothing in these Terms transfers any of our intellectual property to you.

Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these Terms. We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

The Service depends on third-party platforms and providers, including Meta, Google and our hosting providers. We do not control those services. Their availability, their APIs and the data they return may change without notice, which may affect the Service. Your use of Meta and Google platforms remains subject to their own terms, and we are not responsible for those platforms or for the accuracy of the data they provide.

We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free or that change detection will capture every change (detection depends on polling intervals and on data made available by third-party platforms).

We may change, suspend or discontinue features of the Service. If we discontinue the Service entirely or materially reduce its core functionality, we will give you reasonable notice so you can export or record any information you need.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified.

Where our liability for breach of a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having the Service resupplied.

To the extent permitted by law, and subject to Section 14:

• the Service is provided “as is” and “as available”, and we exclude all conditions, warranties and guarantees not set out in these Terms;
• we are not liable for any loss of profits, revenue, goodwill, data or anticipated savings, or for any indirect or consequential loss, arising out of or in connection with the Service;
• our total aggregate liability arising out of or in connection with these Terms or the Service in any 12-month period is limited to the greater of (a) the amount you paid us for the Service in that period, and (b) AUD $100;
• we are not liable for decisions you or others make in reliance on information shown in the Service, including missed, delayed or inaccurate change detections.

You indemnify us against any loss, damage, cost or expense (including reasonable legal costs) we incur arising out of a third-party claim relating to (a) Your Data, (b) your connection of an account or monitoring of a website that you were not authorised to connect or monitor, or (c) your breach of these Terms — except to the extent the loss is caused by our own breach of these Terms, negligence or wilful misconduct.

You may stop using the Service and delete your account at any time. We may suspend or terminate your account if you materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within 14 days of our notice, or immediately if the breach is serious or incapable of remedy, or if we are required to do so by law or by a platform provider.

On termination, your right to use the Service ends and we will handle Your Data as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 9, 10 and 14 to 16) survive.

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. If you do not agree to the updated Terms, you should stop using the Service and may delete your account. Your continued use of the Service after the changes take effect indicates your acceptance.

• Governing law. These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales.
• Severability. If any provision of these Terms is invalid or unenforceable, it is severed and the remaining provisions continue in force.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms as part of a sale, merger or restructure of our business.
• No waiver. A failure to enforce a provision of these Terms is not a waiver of it.
• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.

If you have any questions about these Terms, please contact us:

• Email: dinesh@marketingsystems.com.au