Effective Date: [Month DD, YYYY]
Last Updated: [Month DD, YYYY]
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.
• Dynamic take rate 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, 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” means a business using the Platform to manage campaigns for Advertisers. “Partner” means a reseller or white-label entity operating under a Partner Agreement. “Media Spend” means total advertising spend through the Platform. “Take Rate” means the dynamic platform fee applied to Media Spend.
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.
4. Customer Type-Specific Terms
4.1 Advertisers: Direct advertisers may use the Platform to execute and measure campaigns.
4.2 Agencies: Agencies may use the Platform on behalf of multiple Advertisers and must ensure all Advertisers comply with these Terms.
4.3 Partners: Partners may offer the Platform as a white-label or reseller solution under additional Partner 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.
8. Payment, Invoicing, and Taxes
Fees are billed monthly in advance via Stripe or invoice. 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, Platform Fees, and Dynamic Take Rate
9.1 Advertiser Pricing:
– Under 25k households: $1,000/month
– 25k+: $1,500/month
– 50k+: $3,000/month
– 100k+: $5,000/month
9.2 Partner Bundles:
– Starter: $5,000/month (10 advertisers, $500/additional)
– Small: $10,000/month (35 advertisers, ~$286/additional)
– Medium: $15,000/month (65 advertisers, ~$231/additional)
– Large: $20,000/month (100 advertisers, $200/additional)
9.3 Dynamic Take Rate Table:
| Monthly Media Spend | Automation Tier | Take Rate | Example Monthly Cost |
|———————-|—————–|———–|———————-|
| <$10,000 | Self-Service | 25% | $8,000 spend → $2,000 platform fee |
| $10,000–$50,000 | Co-Managed | 20% | $40,000 spend → $8,000 platform fee |
| $50,000–$100,000 | Managed | 15% | $75,000 spend → $11,250 platform fee |
| $100,000+ | Enterprise | 10% | $150,000 spend → $15,000 platform fee |
Take rates adjust dynamically based on total monthly Media Spend.
10. 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.
11. Privacy and Security
fullthrottle.ai complies with CCPA, GDPR, and related privacy laws. Data is encrypted at rest and in transit. Annual penetration testing is conducted. Subprocessors are held to equivalent standards. Breaches will be reported without undue delay.
12. 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.
13. 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.
14. 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.
15. 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.
16. Term, Termination, and Suspension
Terms continue until terminated. fullthrottle.ai may suspend access for non-payment or violation. Either party may terminate with 30 days’ notice. Data deleted within 30 days post-termination.
17. Governing Law and Venue
These Terms are governed by Pennsylvania law. Venue lies in Chester County, PA.
18. Updates and Notices
fullthrottle.ai may update these Terms via https://fullthrottle.ai/terms. Continued use constitutes acceptance. Notices should be sent to legal@fullthrottle.ai.
19. 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, 11–13 survive termination.
Acceptance
By accessing or using the fullthrottle.ai Platform, the Customer acknowledges that it has read, understood, and agrees to these Terms.