Terms of Service

BY ACCEPTING THESE TERMS OF SERVICE, EITHER BY CLICKING A BOX ONLINE INDICATING YOUR ACCEPTANCE, EXECUTING AN ORDER THAT REFERENCES THEM, OR BY USING OUR SERVICES, YOU AGREE TO ALL OF THE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND YOU MAY NOT USE THE SERVICES.

This Terms of Service (“Agreement” or “Terms”) is entered into by and between Full Throttle Technologies, LLC, a Delaware limited liability company, and its affiliates and subsidiaries (collectively, the “Company”), which operates under the trade name fullthrottle.ai.
For the purposes of these Terms, “fullthrottle.ai” shall refer to Full Throttle Technologies, LLC, and all references to “we,” “our,” or “us” mean fullthrottle.ai.

Questions, notices, or legal correspondence related to these Terms may be directed to:
legal@fullthrottle.ai or Full Throttle Technologies, LLC, Attn: Legal Department, 985 Old Eagle School Road, Suite 510, Wayne, PA 19087.

Effective Date: October 01, 2025

Last Updated: October 08, 2025

Summary of Key Commercial Terms

• Applies universally to all fullthrottle.ai customers: Advertisers, Agencies, and Partners.
• Core services: identity resolution, AI-driven audience building, omnichannel activation, and transaction-level measurement.
• Household-based advertiser pricing and bundled partner pricing options.
• AI Worker Fee applied to monthly media spend, automatically adjusted by total spend.
• Payment: billed monthly in advance, net 30; late fees accrue at 1.5% per month.
• Customer owns all input data; fullthrottle.ai retains anonymized aggregated data for analytics.
• Agreement renews automatically unless terminated with 30 days’ notice.
• Governing Law: Commonwealth of Pennsylvania; Venue: Chester County, PA.
  

1. Overview and Applicability

These Terms of Service (“Terms”) govern access to and use of the fullthrottle.ai advertising and measurement platform (“Platform”) by all customers, including Advertisers, Agencies, Media Companies and Partners. By using the Platform, you agree to be bound by these Terms.

2. Definitions

“Advertiser” means a business using the Platform for its own marketing. “Agency” or “Partner” means a business using the Platform to manage campaigns for Advertisers. “Media Spend” means total advertising spend through the Platform. “AI Worker Platform Fee” means the embedded compute-and-automation charge applied to Media Spend as described in Section 10.

3. Platform and Services

fullthrottle.ai provides identity resolution, AI-driven audience building, omnichannel activation, and transaction-level measurement. The Platform automates campaign setup, audience enrichment, and cross-channel attribution.

3.1 Right to Access and Use the Platform

Subject to these Terms, fullthrottle.ai grants Customer a limited, non-exclusive, non-transferable (except as permitted under Section 19), and revocable right, during the Term, to access and use the Platform and related Services solely for Customer’s internal business purposes, including managing advertising campaigns, building audiences, and measuring performance.

Customer represents and warrants that it will not collect, process, or transmit any personal data from individuals located outside the United States, nor permit any other party to do so on its behalf, unless explicitly authorized in writing by fullthrottle.ai.

To use the Platform, Customer must create and maintain an account (“Account”). Access credentials (“Account Credentials”) must be kept confidential and used only by authorized personnel. Customer may access the Platform through a web-based dashboard (“Dashboard”) or via an authorized application programming interface (“API”), if enabled.

3.2 Right to Use API

If fullthrottle.ai provides Customer with an API in connection with the Services, fullthrottle.ai grants Customer a limited, non-exclusive, non-assignable, non-transferable license to use that API solely to connect with and utilize the Platform or Dashboard as permitted by these Terms.

Customer may allow a pre-approved Third-Party Reporting Provider—a company engaged by Customer to deliver campaign reporting—to access the API solely to retrieve reporting data available to Customer through the Dashboard. Such access requires prior written approval from fullthrottle.ai (email suffices).

Customer is fully responsible for all acts and omissions of any Third-Party Reporting Provider it engages. Any breach of these Terms by such provider is deemed a breach by Customer, and Customer shall indemnify and hold harmless fullthrottle.ai from any resulting loss, liability, or damages, including violations of confidentiality obligations.

3.3. Restrictions.
Except as expressly permitted under these Terms, Customer shall not:
(i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Platform, Services, APIs, data feeds, software, or any other technology or content used by fullthrottle.ai (collectively, “fullthrottle.ai Technology”);
(ii) modify, adapt, translate, or create derivative works based upon fullthrottle.ai Technology;
(iii) reverse engineer, disassemble, decompile, or attempt to derive source code from any portion of fullthrottle.ai Technology;
(iv) copy, reproduce, or publicly display any portion of the Platform or its data;
(v) upload, send, or store infringing, unlawful, or tortious material, including material that violates intellectual property, privacy, or publicity rights;
(vi) upload or transmit viruses, worms, Trojan horses, scripts, bots, or other harmful code (“Harmful Code”);
(vii) interfere with or disrupt the performance, integrity, or security of the Platform or its data;
(viii) access or attempt to access the Platform, APIs, or reporting dashboards by any method other than the authorized interfaces and credentials provided by fullthrottle.ai;
(ix) attempt to gain unauthorized access to fullthrottle.ai systems or impersonate another user or entity;
(x) use the Platform for any unlawful purpose, in violation of these Terms, or in a manner inconsistent with industry standards;
(xi) publicly disseminate benchmark tests, competitive analyses, or performance data about fullthrottle.ai Technology;
(xii) share, disclose, or allow third parties to use its Account or credentials except for authorized employees, vendors, or contractors under written confidentiality obligations; or
(xiii) permit or authorize any third party to engage in any of the foregoing.

Any violation of this Section may result in immediate suspension or termination of Customer’s access at fullthrottle.ai’s discretion.

3.4. Use of the Services.
Customer is responsible for all activity occurring under its Account and agrees to:
(i) comply with all applicable federal, state, and local laws, industry guidelines, and regulations in connection with its use of the Platform, including those governing digital advertising, data privacy, and communications;
(ii) comply with the California Consumer Privacy Act (“CCPA”), and all similar laws and self-regulatory frameworks (including IAB and DAA standards);
(iii) not use the Services in any way that may impair their functionality, overload system capacity, or negatively impact other users; and
(iv) promptly notify fullthrottle.ai of any unauthorized access to its Account, credentials, or data.

If Customer becomes aware of unauthorized activity or a breach involving its Account, it must immediately notify fullthrottle.ai and take reasonable steps to stop the misuse or copying of data, ads, or other platform content.

If Customer is an Agency or Partner, it is responsible for ensuring all Advertisers comply with this Section.

3.5. Provision of Services.
fullthrottle.ai shall provide the Services in accordance with these Terms and the applicable pricing plan or order form. Customer acknowledges that:
• The Platform uses automated bidding and audience activation through multiple third-party media exchanges and data partners, which may be subject to network and inventory availability.
• fullthrottle.ai does not guarantee the delivery of impressions, reach, conversions, or results at any particular level.
• fullthrottle.ai and its licensors reserve all rights not expressly granted hereunder, including the right to evolve, upgrade, or discontinue features of the Platform at any time.

Platform Performance Management:
fullthrottle.ai may monitor and regulate system usage to maintain platform performance and security, including throttling data traffic or suspending activity in the event of:
(i) unusual or suspicious spikes in bidding or data activity;
(ii) poor-quality or invalid traffic from specific sources;
(iii) use patterns that degrade platform stability; or
(iv) compliance risks detected in the course of AI-driven or identity data processing.

In such cases, fullthrottle.ai will notify Customer as soon as practicable if access or delivery is materially impacted.

3.6. Campaigns.
Customer may set up Campaigns within the fullthrottle.ai Platform to plan, bid on, purchase, and deliver digital and offline advertisements (“Ads”). Campaign setup may involve uploading creative assets, entering targeting parameters, adjusting budgets, setting audience segments, and configuring channels through the Platform interface (“Dashboard”) or API.

Ads may be served by fullthrottle.ai, by Customer, or through authorized third-party supply partners, depending on the campaign configuration. fullthrottle.ai will use commercially reasonable efforts to match Customer’s campaign parameters, audience criteria, and targeting preferences; however, fullthrottle.ai does not guarantee that inventory or audience segments matching all specified criteria will be available at any given time or that any minimum performance or delivery levels will be achieved.

3.7. License to Ads.
Customer grants fullthrottle.ai, its affiliates, and authorized media and technology partners a limited, royalty-free, non-exclusive, non-transferable (except in connection with a permitted assignment) license during the Term to use, reproduce, distribute, display, transmit, and publish Customer’s Ads, creatives, trademarks, and related materials solely as necessary to perform the Services.

fullthrottle.ai will not alter the substantive content of Ads without Customer’s prior written approval. However, fullthrottle.ai may modify technical attributes, formatting, or size parameters as needed for ad delivery, platform compliance, or to improve performance within media exchanges or connected devices. Customer reserves the right to request reasonable changes or modifications to any Ad or Campaign at any time during the Term.

3.8. Ad Requirements.
Customer represents and warrants that all Ads, creative materials, and linked landing pages (“Landing Pages”) provided by Customer or its Advertisers:
(i) are not misleading, libelous, obscene, defamatory, or otherwise unlawful;
(ii) do not infringe upon or misappropriate any third-party intellectual property or proprietary rights;
(iii) do not contain or deploy Harmful Code, tracking technologies, or scripts that could disrupt or degrade the Platform or any user device;
(iv) do not falsely imply endorsement, partnership, or affiliation with any third party without express written consent;
(v) comply with all applicable laws, regulations, and industry standards, including those governing advertising, privacy, and consumer protection (e.g., CAN-SPAM, COPPA, CCPA, DAA/IAB self-regulatory principles); and
(vi) promote products and services that are lawfully offered and appropriately disclosed to consumers.

fullthrottle.ai reserves the right, in its sole discretion, to reject, suspend, or disable the delivery of any Ad or Campaign at any time, including but not limited to situations involving:
• exchange or supply partner complaints;
• policy or legal compliance concerns;
• technical delivery issues; or
• reputational or brand-safety risks.

In such cases, fullthrottle.ai will provide notice to Customer as soon as practicable.

3.9. License to Aggregated Data.
Customer acknowledges and agrees that fullthrottle.ai may collect, process, and use aggregated and anonymized data derived from Customer’s use of the Platform, provided that such data cannot reasonably identify Customer, Advertiser, or any individual consumer (“Aggregated Data”).

Customer hereby grants fullthrottle.ai a worldwide, perpetual, royalty-free, fully paid-up, non-exclusive license to use, analyze, copy, and distribute Aggregated Data for purposes including, without limitation:
(i) operating, maintaining, and improving the Platform;
(ii) developing analytics, insights, and benchmarks;
(iii) publishing aggregated statistics and industry trends to clients, partners, and the general public; and
(iv) training and optimizing AI models used within the Platform.

Under no circumstances will fullthrottle.ai use Customer Data in a manner that identifies Customer, its Advertisers, or end users, or disclose non-aggregated data without written consent.

3.10. Intellectual Property Ownership.
(a) Ownership by fullthrottle.ai.
fullthrottle.ai and its licensors exclusively own all rights, title, and interest in and to the fullthrottle.ai name, logo, trademarks, service marks, and any associated branding, as well as all software, algorithms, AI systems, data models, interfaces, documentation, dashboards, APIs, creative automation tools, and any other technologies, inventions, or content used in connection with the Services (“fullthrottle.ai Technology”).

This is an agreement for access to Services, not a sale or license of software. No ownership rights or title to the fullthrottle.ai Technology are transferred to Customer under these Terms, regardless of the use of words such as “purchase” or “sale.”

(b) Ownership by Customer.
Customer and its licensors retain all rights, title, and interest in and to the Customer’s Ads, creative assets, Customer Data, and all associated intellectual property. No right or license to such materials is granted to fullthrottle.ai except as expressly set forth herein.

(c) Feedback and Improvements.
If Customer or its Advertisers provide suggestions, enhancement requests, or other feedback regarding the Platform (“Feedback”), fullthrottle.ai may use such Feedback without restriction or obligation. Customer acknowledges that all such improvements or derivative works made by fullthrottle.ai are owned solely by fullthrottle.ai.

3.11. Confidential Information.

(a) Definition.
“Confidential Information” means:
(i) all non-public business, technical, or financial information disclosed by either party, including trade secrets, product designs, data models, algorithms, product roadmaps, pricing, client data, and marketing plans; and
(ii) the fullthrottle.ai Technology and any non-public portions of the Platform.

(b) Exclusions.
Confidential Information does not include information that:
(i) becomes publicly known through no breach of this Agreement;
(ii) was lawfully known to the receiving party prior to disclosure;
(iii) is independently developed without use of the disclosing party’s Confidential Information; or
(iv) is lawfully obtained from a third party without restriction.

(c) Obligations.
During the Term and for five (5) years following termination, each party shall:
(i) protect the other’s Confidential Information using the same degree of care it uses to protect its own (but not less than reasonable care);
(ii) use Confidential Information only to fulfill obligations under these Terms; and
(iii) restrict disclosure to employees, contractors, or advisors with a legitimate need to know and who are bound by equivalent confidentiality obligations.

(d) Permitted Disclosures.
A party may disclose Confidential Information:
(i) as required by law, subpoena, or government order, provided it gives reasonable notice (if legally permissible) to the disclosing party to contest such disclosure; or
(ii) to its legal, accounting, or financial advisors on a confidential basis.

(e) Return or Destruction.
Upon termination, each party must promptly return or securely destroy all copies of the other party’s Confidential Information, except that one copy may be retained solely for legal or archival purposes.

4. Customer Type-Specific Terms

4.1 Advertisers: Direct advertisers may use the Platform to execute and measure campaigns.
4.2 Agencies & Partners: Agencies & Partners may use the Platform on behalf of multiple Advertisers and must ensure all Advertisers comply with these Terms.

5. Acceptable Use Policy

Customers shall not upload malware, infringing content, or deceptive materials. Use of the Platform must comply with applicable laws, ad exchange standards, and industry regulations.

6. Account Setup and Security

Customers must maintain secure credentials and limit access to authorized personnel. fullthrottle.ai reserves the right to suspend access for security violations or non-payment.

7. Data Ownership and Use

Customers own their Customer Data. fullthrottle.ai owns derived, anonymized, and aggregated data for analytics. No Customer Data is sold or shared outside the performance of contracted services. See more details on Data Usage and Compliance at https://www.fullthrottle.ai/compliance/.

8. Payment, Invoicing, and Taxes

Fees are billed monthly in advance via Stripe for recurring subscriptions and/or invoice method covering user generated media campaigns in the platform. Taxes are the Customer’s responsibility. Disputes must be raised within 15 days of invoice. Late fees accrue at 1.5% per month or the legal maximum.

9. Pricing and Fixed Platform Fees

9.1 Pricing Overview.
Access to the fullthrottle.ai Platform is offered through subscription plans and product modules displayed at the time of signup or order. Current pricing, plan tiers, and available add-on products are published on fullthrottle.ai’s pricing tables and personalized checkout pages. The specific pricing applicable to each Customer is determined by the products, media volumes, and service tiers selected during signup or in any subsequent order.

9.2 Fixed Platform Fees and Examples.
Each Customer’s total monthly subscription fee includes a Core Platform fee and any selected media or automation modules. The following are illustrative examples only—actual pricing is confirmed at checkout or in your order summary.

Advertiser Tiers (sample pricing):
• Core: Up to 25k households – $1,000 per month
• Plus: 25k + households – $1,500 per month
• Pro: 50k + households – $3,000 per month
• Enterprise: 100 k + households – $5,000 per month

Partner Bundles (sample pricing):
• Core Partner: $5,000 per month (includes 10 advertisers)
• Plus Partner: $10,000 per month (includes 35 advertisers)
• Pro Partner: $15,000 per month (includes 65 advertisers)
• Enterprise Partner: $20,000 per month (includes 100 advertisers)

Example Add-On Modules (subject to availability):

• Media Activation Channels: Display Ads, Connected TV Ads, FreeTV (FAST) Ads, Online Video, SmartMail, and similar omnichannel ad-delivery tactics.
• AI Generated Video: Creative asset generation for CTV and FreeTV campaigns.

These categories are representative examples. Specific product names, prices, and availability are published in the Customer’s account, order form, or checkout summary and are subject to change without notice as fullthrottle.ai evolves its offerings.

All pricing is displayed in USD and billed monthly in advance unless otherwise specified. Taxes and regulatory fees, if applicable, are the responsibility of the Customer.

9.3 Media Campaign Billing

Customers may create and launch media campaigns within the Platform at any time by selecting audience sizes, targeting tactics, channels, and budget allocations. Each campaign constitutes a separate order within the Platform.

Media campaigns may be billed in one of two ways, as specified in the Customer’s account settings or order summary:
• Prepaid Campaigns: Media spend is charged upfront at the time of campaign creation. Actual delivery is reconciled automatically as the campaign executes.
• Post-Campaign Billing: Media spend is invoiced after campaign completion based on actual delivery, pacing, and optimization parameters defined in the campaign setup.

All campaign charges are typically processed through fullthrottle.ai’s integrated payment system (e.g., Stripe) and displayed in the Customer’s billing dashboard.

However, fullthrottle.ai reserves the right to issue direct invoices outside of Stripe in certain situations, including but not limited to:
(i) month-end consolidated billing,
(ii) campaigns that exceed predefined spend thresholds,
(iii) enterprise or agency accounts operating under custom payment terms, or
(iv) technical or operational circumstances requiring alternative billing methods.

Payment terms for such invoices will be defined on the face of the invoice (e.g., net 30 days).
fullthrottle.ai may require prepayment, adjust credit limits, or suspend campaign delivery if payment is not received when due or if a payment method fails.

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9.4 Pricing Updates and Billing Authority

Published pricing may be updated periodically. Revised rates apply only to new subscriptions or renewals unless otherwise agreed in writing.
The order confirmation, checkout flow, or executed invoice presented by fullthrottle.ai’s billing system constitutes the binding pricing and payment agreement between the Customer and fullthrottle.ai.

9.5 Credit Terms and Threshold Management
fullthrottle.ai may establish or revise credit limits at its discretion. If a Customer’s cumulative Media Spend exceeds its credit limit or preauthorized threshold, fullthrottle.ai may (i) require prepayment, (ii) pause campaigns pending payment, or (iii) issue a mid-cycle invoice. Failure to maintain a valid payment method or to pay invoices when due may result in suspension or termination of Services.

10. AI Worker Platform Fees, Bidding, and Billing Mechanics

10.1 Overview of Bidding and Delivery
Each bid opportunity within the fullthrottle.ai Platform represents a single advertising impression or eligible media event. To operate efficiently within dynamic real-time bidding and omnichannel media environments, fullthrottle.ai employs predictive AI models that autonomously evaluate, bid, and optimize delivery across connected supply sources.

When a campaign wins an auction or triggers a direct media execution, the Platform automatically reconciles the applicable costs to reflect the actual clearing price of the impression (“Clearing CPM”) and corresponding Media Spend. This ensures billing accuracy based on verified delivery and transparent performance reporting.

10.2 AI Worker Compute and Embedded Platform Fee Model
Each campaign executed within the Platform leverages AI Worker Compute—a distributed system of automated tasks that power:
• audience resolution and identity matching,
• creative and channel optimization,
• real-time bidding decisions,
• pacing and frequency management,
• media delivery verification, and
• transaction-level attribution and measurement.

The cost of these AI Worker Compute tasks is represented by the AI Worker Platform Fee, which is embedded within the Platform’s pricing model. It reflects the operational compute resources, data processing, and automation required to execute campaigns at scale.

The AI Worker Platform Fee:
• is not a separate itemized charge or post-bid markup;
• is incorporated directly into the media cost reflected in campaign reporting and monthly invoicing;
• adjusts automatically based on campaign complexity, scale, and automation tier; and
• funds the continuous optimization, orchestration, and measurement performed by fullthrottle.ai’s systems.

10.3 Dynamic AI Worker Fee Tiers (Example Illustration)

These tiers are illustrative. Actual compute allocation adjusts dynamically based on the number of campaigns, tactics, and AI workload required to deliver outcomes.

10.4 Billing and Reporting
All media costs, including embedded AI Worker Compute, are reflected in the Customer’s billing dashboard and consolidated in the monthly invoice cycle.
Example:
If the Platform places a bid at an estimated $18 CPM and wins the impression at $12 CPM, the final Media Spend is calculated at the $12 clearing rate, inclusive of all embedded AI Worker Compute and automation costs. No additional platform surcharge is added or broken out separately.

10.5 AI Worker Compute Scaling and Agent Activity
Each Customer campaign utilizes one or more AI Media Agents within the fullthrottle.ai Platform. These Agents perform ongoing compute-driven tasks, including syncing household/audience data, optimizing bids and pacing, refreshing creatives and targeting, executing attribution analyses, and maintaining cross-channel delivery. The Platform surfaces these operations in the AI Media Agent Enclosure (e.g., “Agent Actions Taken” and “Human Hours Saved”). The scale and frequency of these compute tasks directly influence the embedded AI Worker Platform Fee, ensuring charges correspond to the actual automation workload performed on the Customer’s behalf.

11. Bidding, Optimization, and Attribution

The Platform uses automated bidding, pacing, and AI optimization to deliver efficient media performance across channels. Attribution uses transaction-level matching to link ad exposure to verified outcomes.

12. Privacy, Data Protection, and Compliance Oversight

12.1 Definitions.
“Personal Information” means information that identifies or is reasonably linkable to an individual or household.
“Customer Data” means data you (or your Advertisers) provide or make available to fullthrottle.ai in connection with the Services.
“Process” means any operation performed on Personal Information.
“Security Breach” means unauthorized access to Personal Information in fullthrottle.ai’s possession or control that compromises its confidentiality, integrity, or availability.

12.2 Roles.
For Processing of Personal Information, Customer is the business/controller, and fullthrottle.ai is the service provider/processor. fullthrottle.ai will Process Personal Information only (i) to provide, maintain, and improve the Services, (ii) as permitted by these Terms, or (iii) as required by law.

12.3 Security Program.
fullthrottle.ai maintains administrative, technical, and physical safeguards aligned with recognized industry standards (e.g., SOC 2, ISO 27001), including encryption in transit and at rest, access controls, vulnerability management, and at least annual penetration testing to ensure data confidentiality and integrity.

12.4 Monitoring and Compliance Oversight.
fullthrottle.ai reserves the right to monitor and audit Customer’s use of the Platform and Services to ensure compliance with these Terms, applicable laws, and industry standards. Such monitoring may include review of campaign configurations, data usage, and delivery patterns solely to confirm adherence to platform policies, fraud-prevention standards, and security protocols.
If fullthrottle.ai determines, in its sole discretion, that Customer’s activities or data usage violate these Terms, applicable law, or present a risk of harm to the Platform, its users, or third-party partners, fullthrottle.ai may take appropriate remedial actions, including suspension, restriction, or termination of access.
fullthrottle.ai may, in its sole discretion, disclose relevant information about Customer’s use of the Platform to law-enforcement authorities, data-protection regulators, or affected third parties (including supply-side platforms, media exchanges, and network partners) when such disclosure is reasonably necessary to protect users, enforce legal compliance, or prevent fraud, abuse, or data-security incidents.

12.5 Security Breach Notification.
fullthrottle.ai will notify Customer of a confirmed Security Breach without undue delay, provide available details, and reasonably cooperate with Customer’s investigation and remediation. Notification timelines will comply with applicable law.

12.6 Subprocessors.
Customer authorizes fullthrottle.ai to engage subprocessors to deliver the Services. fullthrottle.ai will impose obligations materially equivalent to this Section 12 on all subprocessors and will remain responsible for their performance. A current list of subprocessors may be maintained at fullthrottle.ai/compliance or provided upon request.

12.7 Assistance with Data-Subject Requests.
Taking into account the nature of Processing, fullthrottle.ai will provide reasonable assistance so Customer can respond to verifiable consumer or data-subject requests (access, deletion, correction, opt-out) where required by law. fullthrottle.ai will not directly respond to such requests except as legally required or at Customer’s written instruction.

12.8 Audit Evidence.
Upon reasonable written request, not more than once per year, fullthrottle.ai will provide available third-party security attestations or summaries (e.g., SOC 2 report letter, ISO certificate) under a confidentiality agreement. Any such materials constitute fullthrottle.ai Confidential Information.

12.9 External Policies and Order of Precedence.
Detailed information on data collection, processing, and protection practices is available at the fullthrottle.ai Data Privacy Hub and Privacy Policy, which are incorporated by reference into these Terms.
If Customer requires a jurisdiction-specific Data Processing Addendum (DPA) (e.g., GDPR/UK/EU SCCs), the parties may execute a separate DPA. In the event of conflict between a signed DPA and these Terms with respect to Personal Information, the DPA will control.

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13. Indemnification

Each party agrees to indemnify, defend, and hold harmless the other from claims arising from its own breach, negligence, or unlawful actions. Agencies and Partners additionally indemnify fullthrottle.ai against claims from their Advertisers.

14. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. fullthrottle.ai’S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

15. Warranties and Disclaimers

fullthrottle.ai warrants that the Platform will perform materially as described. EXCEPT AS STATED, THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

16. Force Majeure

Neither party is liable for failures due to events beyond control, including war, natural disasters, labor strikes, or internet outages. Performance resumes once the event subsides.

17. Term, Renewal, and Termination

17.1 Term and Commitment Periods.
The Term of this Agreement begins on the Effective Date (or the Customer’s initial signup date, if later) and continues for the period specified in the Customer’s Order Form, Product Schedule, or personalized payment link (collectively, the “Order”).

Subscription and service commitment lengths may vary by Customer, including but not limited to:
• Monthly plans with the ability to cancel upon thirty (30) days’ written notice after the initial commitment period;
• Initial three (3) month programs converting to month-to-month thereafter;
• Six (6) month or twelve (12) month annual commitments with no early termination rights unless explicitly stated in the Order; or
• Custom enterprise or partner agreements with negotiated renewal and termination provisions.

The specific commitment term, renewal schedule, and cancellation rights applicable to each Customer are those reflected in that Customer’s personalized Order or payment link at the time of signup.

17.2 Renewal.
Unless otherwise stated in the Customer’s Order, subscriptions automatically renew for successive terms equal in length to the immediately preceding term at then-current pricing. Either party may provide written notice of non-renewal at least thirty (30) days prior to the renewal date.

17.3 Suspension or Termination by fullthrottle.ai.
fullthrottle.ai may suspend or terminate Customer’s access to the Platform upon written notice if Customer:
(i) fails to pay undisputed amounts when due and does not cure within ten (10) days of notice;
(ii) breaches these Terms and fails to cure within fifteen (15) days of written notice; or
(iii) engages in unlawful or abusive use of the Platform that poses risk to fullthrottle.ai or third parties.

17.4 Termination for Convenience.
If the Customer’s Order explicitly provides for month-to-month or terminable-for-convenience service, either party may terminate with thirty (30) days’ written notice.

17.5 Effect of Termination.
Upon termination, Customer’s access to the Platform will cease. Customer remains responsible for all amounts incurred through the effective termination date. Customer data will be deleted within thirty (30) days post-termination unless retention is required by law.

18. Governing Law and Venue

These Terms are governed by Pennsylvania law. Venue lies in Chester County, PA.

19. Updates and Notices

fullthrottle.ai may update these Terms of Service by posting an updated version at https://www.fullthrottle.ai/terms. Continued use constitutes acceptance. Notices should be sent to legal@fullthrottle.ai.

20. Miscellaneous

Entire Agreement: These Terms constitute the full agreement. Assignment: Only with written consent except in acquisition. Severability: Invalid clauses reformed. Waiver: Must be in writing. Survival: Sections 7, 9, 12–13 survive termination.

Acceptance

By accessing or using the fullthrottle.ai Platform, the Customer acknowledges that it has read, understood, and agrees to these Terms.