1. Agreement

These Terms of Service form a binding agreement between Noa Digital ("Freshlytics", "we", "us") and the individual or entity that creates a Freshlytics workspace ("you", "Customer"). By creating a workspace, connecting an ad account or using the service, you accept these terms. If you accept them on behalf of a company, you confirm that you are authorized to bind it.

2. The service

Freshlytics is a software-as-a-service platform that reads advertising data from TikTok Ads accounts you authorize, through the official TikTok Marketing API, and provides reporting, analysis, alerting and optional automation based on that data. The service is provided over the internet and evolves continuously.

3. Beta service

Freshlytics is currently offered as a closed beta. Beta access is provided free of charge, may be limited or withdrawn, and may contain defects. Features can change or be removed. We will give you at least 30 days' notice before beta access ends or before charges begin, and beta customers keep beta pricing for twelve months after general availability.

4. Accounts and eligibility

You must be at least 18 years old and legally able to enter into contracts. You are responsible for the accuracy of your account information, for keeping credentials confidential, for all activity under your workspace, and for the actions of users you invite. Tell us immediately at support@freshlytics.site if you suspect unauthorized access.

5. Your TikTok accounts and authorizations

You confirm that you are authorized to grant Freshlytics access to each TikTok ad account you connect, whether it belongs to you or to a client you act for. You are responsible for having the necessary permissions from the account owner. Your use of TikTok remains subject to TikTok's own terms; nothing here overrides them, and we may suspend features if TikTok changes or restricts API access.

Freshlytics is not affiliated with, endorsed by or sponsored by TikTok, TikTok For Business or ByteDance Ltd.

6. Acceptable use

You agree not to:

use the service to access data you are not authorized to access
reverse engineer, resell, sublicense or white-label the service without our written agreement
circumvent rate limits, security controls or usage limits, or interfere with the service's operation
use the service in breach of TikTok's terms, advertising policies or applicable law
upload malicious code, or use the service to send unlawful, deceptive or infringing content
use the service to promote products or campaigns that are illegal in the markets you target

We may suspend a workspace that breaches this section, and will tell you why.

7. Automation and responsibility for your campaigns

Freshlytics can, at your instruction, send budget, bid and status changes to your TikTok ad accounts. You decide which rules to enable, what thresholds to set and whether changes require approval. Recommendations are analytical suggestions, not advice, and outcomes depend on factors outside our control — your creatives, offers, landing pages, market conditions and TikTok's own delivery systems.

You remain solely responsible for your advertising campaigns and for all advertising spend, including spend that occurs while an automation rule is active. We strongly recommend running a rule in dry-run mode, and using change limits and protected entities, before enabling it.

8. Fees

The beta is free. After launch, fees are those shown on our pricing page or in your order form, are charged in advance for the billing period, and are non-refundable except where required by law. Taxes are added where applicable. We will give at least 30 days' notice of a price change, effective from your next billing period.

9. Intellectual property

We own the Freshlytics service, software, design and documentation. You get a non-exclusive, non-transferable right to use the service during your subscription. You own your data. You grant us a limited licence to process your data solely to provide and support the service.

10. Your data

Our handling of data is described in the Privacy Policy and the Security & data page, which form part of these terms. Where we process personal data on your behalf we act as your processor; a Data Processing Agreement is available on request. You can export your data at any time and request deletion as described on the data deletion page.

11. Third-party services

The service depends on the TikTok Marketing API and on the sub-processors listed on our security page. We are not responsible for outages, changes, rate limits, data discrepancies or policy decisions of those third parties. If TikTok restricts or removes access to data the service depends on, we may modify or discontinue affected features.

12. Availability and support

We aim for high availability but do not offer a contractual uptime guarantee during the beta. Planned maintenance is announced in advance where practical. Support is provided by email at support@freshlytics.site during business days.

13. Disclaimer

To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, or that reporting figures will match TikTok's interface exactly. Advertising platforms restate metrics; figures may differ between sources and over time.

14. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost advertising spend, lost data or business interruption. Our total aggregate liability arising out of or related to these terms is limited to the fees you paid us in the twelve months before the event giving rise to the claim, or, where the service was provided free of charge, to EUR 100. Nothing in these terms excludes liability that cannot be excluded by law, including for fraud, wilful misconduct or death or personal injury caused by negligence.

15. Indemnity

You will defend and indemnify us against third-party claims arising from your use of the service in breach of these terms, your advertising content, or your lack of authorization for an ad account you connected.

16. Term and termination

These terms apply while you use the service. You may stop at any time by disconnecting your ad accounts and closing your workspace. We may terminate or suspend for material breach, for non-payment after notice, or if required by law or by TikTok's terms. On termination your right to use the service ends; you can export your data before closing the workspace, and we delete data as described in the Privacy Policy.

17. Changes to these terms

We may update these terms as the service changes. We will notify workspace owners by email at least 30 days before a material change takes effect. Continuing to use the service after that means you accept the updated terms.

18. Governing law

These terms are governed by the laws of the jurisdiction in which Noa Digital is established, without regard to its conflict-of-law rules, and the competent courts of that jurisdiction have exclusive jurisdiction over disputes. Consumers keep the protection of mandatory provisions of the law of their country of residence. Before starting formal proceedings, please contact us at support@freshlytics.site — most issues are resolved that way.

19. General

If a provision is held unenforceable, the rest remains in force. Failure to enforce a right is not a waiver. You may not assign these terms without our consent; we may assign them to an affiliate or acquirer. These terms, together with the Privacy Policy, the Security & data page and any order form, are the entire agreement between us.

20. Contact

Noa Digital — Freshlytics
support@freshlytics.site
freshlytics.site