Terms of Service — AscendFlare

These Terms of Service (the "Terms") are a binding agreement between you and Apex Root Solutions LLC, a limited liability company organised under the laws of the State of Delaware, with its registered office in Wilmington, New Castle County, Delaware, and its principal place of business in Cedar Hill, Dallas County, Texas ("Apex Root Solutions", "we", "us"). They govern your access to and use of AscendFlare, the web application, its APIs, and every related feature (together, the "Service").

By creating an account, accepting an invitation to a workspace, or using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organisation, you represent that you have authority to bind it, and "you" means that organisation. If you do not agree, do not use the Service.

1. What the Service does

AscendFlare is an app-marketing platform. It:

analyses public app-store listings and public reviews of apps you choose, and drafts recommendations, listing copy, advertising concepts and social posts;
after your explicit, per-item approval, publishes listing changes, creates and manages advertising campaigns, and publishes posts, through the official APIs of the platforms you connect (Google Play Console, Apple App Store Connect, Google Ads, Meta, Apple Ads, TikTok, YouTube, LinkedIn and others we may add); and
reports the performance those platforms return.

The Service never publishes, launches, activates, spends or posts without an individual confirmation from a person in your workspace, and every such action is written to an audit log you can export. Drafts are suggestions; you decide.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract.
Sign-in is by email link or Google account. You are responsible for the security of your email and Google accounts and for all activity under your AscendFlare account. Tell us at support@apsoluts.com immediately if you suspect unauthorised access; you can also revoke sessions yourself from the Account page.
Workspaces have roles: owner (connections, spend caps, kill switch, deletion, billing), editor (approve, publish, launch, post) and viewer. You are responsible for whom you invite and which role you give them; their approvals count as yours.
You must provide accurate information and keep it current.

3. Connected platform accounts

Connecting a platform account (via OAuth, an API key, or a platform-issued token) authorises AscendFlare to act on that account only to perform the actions you approve. You represent that you own the account or are authorised to act on it, including for any client whose account it is.
Your use of each platform remains subject to that platform's own terms and policies (for example the Google Play Developer Program Policies, Apple Developer Program License Agreement, Meta Platform Terms and Advertising Standards, TikTok Terms and Community Guidelines, YouTube Terms of Service, LinkedIn User Agreement). You are responsible for compliance with them. We may suspend a connection or the Service if a platform requires us to.
Platforms review, delay, reject, remove or restrict content and campaigns at their discretion. We do not control and are not responsible for those decisions, for platform outages or API changes, or for a platform's revocation of AscendFlare's access.
You may disconnect any account at any time from the Connections page; we revoke our access where the platform provides a revocation mechanism and delete the stored credential.

4. Approvals, publishing and spend

Your approval is your instruction. When you confirm a publish, launch, activation, pause or post, you instruct us to send that exact request to the platform. Once sent, the platform processes it under its own rules; we cannot recall a change the platform has already applied, and unpublishing is a new action you must approve.
Advertising spend is charged by the advertising platform directly to your advertising account under your agreement with that platform. AscendFlare never holds or bills ad spend. Campaigns are always created paused and activated only on a separate confirmation.
Safeguards are best-effort. Daily caps, automatic pauses, alerts and the kill switch rely on the spend data platforms return, which can be delayed or estimated. They reduce risk; they do not guarantee any spend limit. The platform's own budget controls remain authoritative and you should set them too.
You are responsible for the content you approve: its accuracy, its compliance with advertising and consumer-protection law, and its rights clearance.

5. AI-generated content

Recommendations, copy, concepts, posts and scripts are generated by automated systems, including large language models, grounded in the listing and reviews you supply. They can be inaccurate, incomplete or unsuitable. Review everything before you approve it.
We do not use your data to train models, and our model provider is contractually restricted from doing so (see the Privacy Policy).
As between you and us, you own the drafts generated for your workspace once you accept them, subject to third-party rights in any material they quote (for example, user reviews).

6. Acceptable use

You must not use the Service, and we will not build or run features, to:

create, purchase, incentivise, filter or gate reviews or ratings, or otherwise manipulate rankings or ratings;
stuff keywords, cloak content, or evade or circumvent a store's or advertising platform's policies, review processes or enforcement;
publish content you have no right to publish, that is unlawful, deceptive, defamatory, infringing, or that targets or discriminates against protected groups;
use platform data received through the Service for any purpose other than managing the connected accounts (including selling it, building profiles, or serving unrelated advertising);
probe, scan, overload, reverse-engineer or interfere with the Service or its security, or access it by automated means other than the documented APIs;
share credentials, sell access, or use the Service to provide a competing service.

We may suspend or terminate accounts that breach this section, and may remove content or pause campaigns to comply with law or a platform's requirements. Where practicable we will notify you first.

7. Fees and payment

Fees, plans and metered usage rates (for AI analysis and video generation) are those published on our pricing page or agreed in an order form at the time of purchase. Fees are exclusive of taxes; you are responsible for applicable sales, use, VAT or similar taxes other than taxes on our income.
Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date. Metered usage is billed in arrears. Fees paid are non-refundable except where required by law or stated otherwise in an order form.
We may change fees with at least 30 days' notice; changes apply from your next renewal.
If a workspace is offered free of charge (including trials and pilots), we may limit features, usage or duration and may end the free period with notice.

8. Your content and data

You retain all rights in the content, listings, media, credentials and data you provide or generate through the Service ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, process, transmit and display Customer Data solely to provide, secure and improve the Service and to comply with law.
Our handling of personal data is described in the Privacy Policy. For customers subject to the GDPR or UK GDPR, the Data Processing Addendum available in the application forms part of these Terms.
You can export your workspace data and delete your workspace or account at any time from the Account page. The audit log of actions taken is retained as described in the Privacy Policy.
We may collect and use aggregated, de-identified usage information that does not identify you or any person.

9. Our intellectual property

The Service, its software, design, templates, scoring methods and documentation are owned by Apex Root Solutions or its licensors and are protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other rights are granted. Feedback you give us may be used without obligation to you.

10. Third-party services

The Service depends on third parties: the platforms you connect, our AI model provider, video-generation, hosting, storage, email and error-monitoring providers (listed in the application under Legal → Sub-processors). Their availability and terms are outside our control. Features may be limited, changed or withdrawn when a third party changes or revokes access; we will use reasonable efforts to notify you of material changes.

11. Availability, support and changes

We aim for high availability but do not guarantee uninterrupted or error-free operation. Planned maintenance will be announced where practicable.
Support is provided by email at support@apsoluts.com during business hours (Central Time), unless an order form provides otherwise.
We may modify, add or remove features. If a change materially reduces the Service's core functionality for a paid plan, you may terminate and receive a pro-rata refund of prepaid fees for the remaining term.

12. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform under these Terms, protecting it with at least reasonable care, for the term and three years after. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party; disclosures required by law are permitted with prompt notice where lawful.

13. Warranties and disclaimers

We warrant that the Service will perform materially as described in our documentation. Your sole remedy for breach of this warranty is that we correct the non-conformity or, if we cannot within a reasonable time, you may terminate and receive a pro-rata refund of prepaid fees for the remaining term.
You warrant that you have all rights, consents and authority needed for the accounts you connect and the content you approve, and that your use complies with applicable law and platform policies.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, THAT ANY PLATFORM WILL ACCEPT A SUBMISSION, THAT RANKINGS, CONVERSION, INSTALLS OR ADVERTISING RESULTS WILL IMPROVE, OR THAT SPEND SAFEGUARDS WILL PREVENT ANY PARTICULAR CHARGE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR ONE HUNDRED US DOLLARS IF YOU HAVE PAID NO FEES).
WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR ADVERTISING SPEND CHARGED BY ANY PLATFORM, FOR PLATFORM DECISIONS (REJECTIONS, SUSPENSIONS, REMOVALS, RANKING CHANGES, REVIEW OUTCOMES), OR FOR THE CONSEQUENCES OF CONTENT YOU APPROVED.
These limits do not apply to a party's breach of Section 6 (Acceptable use) or Section 12 (Confidentiality), to your payment obligations, to either party's indemnity obligations, or to liability that cannot be limited by law (including for fraud, or for death or personal injury caused by negligence).

15. Indemnity

You will defend and indemnify Apex Root Solutions and its officers, employees and contractors against third-party claims, and the resulting damages, costs and reasonable legal fees, arising from content you approved or published through the Service, your breach of Section 3 or 6, or your violation of a platform's terms or applicable law. We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes a US patent, copyright or trademark, excluding claims arising from Customer Data, third-party platforms, or modifications or combinations we did not make. The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defence to the indemnifying party (no settlement admitting fault without consent).

16. Term, suspension and termination

These Terms apply from your first use until your account is deleted.
You may stop using the Service and delete your workspace or account at any time from the Account page. Deleting a workspace revokes stored platform access where the platform supports it and deletes the workspace's data on the schedule in the Privacy Policy. Deletion does not pause live campaigns on the advertising platforms; pause them first, or use the kill switch.
We may suspend access immediately where necessary to prevent harm, comply with law or a platform's requirements, or address non-payment or a material breach, and may terminate with 30 days' notice for convenience or immediately for a breach that is not cured within 15 days of notice.
Sections that by their nature should survive (including 5, 6, 8, 9, 12–15, 17 and 18) survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state and federal courts located in Dallas County, Texas, and each party submits to their jurisdiction, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Nothing in these Terms displaces mandatory consumer-protection law of the country or state where you reside, to the extent it applies to you.
Before filing a claim, each party agrees to try in good faith to resolve the dispute by written notice to the other and a discussion within 30 days.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, TO THE EXTENT PERMITTED BY LAW.

18. General

Changes to these Terms. We may update these Terms. For material changes we will notify workspace owners by email or in the Service at least 14 days before they take effect; continued use after the effective date is acceptance. The current version is always at this address, with its effective date at the top.
Notices to us go to support@apsoluts.com; notices to you go to the email on your account.
Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor in a merger, acquisition or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages, internet failures, and acts of government.
Export and sanctions. You may not use the Service in violation of US export-control or sanctions laws, or if you are on a US government restricted-party list.
Entire agreement; severability; waiver. These Terms (with the Privacy Policy, the Data Processing Addendum and any order form) are the entire agreement about the Service and supersede prior agreements. If a provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. A failure to enforce is not a waiver. There are no third-party beneficiaries.
Independent contractors. Nothing creates a partnership, agency or employment relationship.

Contact

Apex Root Solutions LLC, a limited liability company organised under the laws of the State of Delaware, with its registered office in Wilmington, New Castle County, Delaware, and its principal place of business in Cedar Hill, Dallas County, Texas. Email: support@apsoluts.com.