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Terms of Service

Last updated: March 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Since Kindly, Inc. ("Company", "we", "us", or "our"), governing your access to and use of ASA Agent ("the Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Service Description

ASA Agent is an AI-powered tool that provides automated management of Apple Search Ads campaigns. The Service may perform actions including, but not limited to, bid adjustments, keyword management, budget allocation, campaign creation, geographic expansion, and campaign optimization on your Apple Search Ads account. You understand and acknowledge that the Service uses artificial intelligence and automated algorithms to make decisions, and that such decisions are made without direct human oversight for each individual action.

2. Eligibility and Account

You must be at least 18 years of age and have the legal authority to enter into these Terms. If you are entering into these Terms on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. By using the Service, you represent that you have the authority to grant us access to your Apple Search Ads account and that doing so does not violate any agreement you have with Apple or any third party.

3. Authorization and Consent

By connecting your Apple Search Ads account to the Service, you explicitly authorize us to act as your agent and service provider to access, read, and modify your campaigns, ad groups, keywords, bids, budgets, and related settings on your behalf through Apple's Search Ads Campaign Management API. You grant this authorization voluntarily and understand that the Service will make automated changes to your account that may result in increased or decreased advertising spend. You may revoke this authorization at any time by revoking API credentials or disconnecting your account.

You acknowledge and agree that Apple may contact you directly to verify the authorization you have granted to us and the scope of our access to your Apple Search Ads account. You agree to cooperate with any such verification requests from Apple.

4. Apple Advertising Services

The Service operates on and interacts with Apple's Advertising Services, which are governed by Apple's Advertising Services Terms of Service (available at ads.apple.com/terms-of-service). By using the Service, you agree to be bound by Apple's Advertising Services Terms of Service as they apply to your use of Apple Search Ads, including any future amendments thereto. You are responsible for reviewing Apple's terms regularly. In the event of any conflict between these Terms and Apple's terms with respect to your use of Apple Search Ads, Apple's terms shall prevail.

You acknowledge and agree that:

  • Targeting responsibility: All decisions relating to targeting, including keyword selection, bid amounts, geographic territories, and audience segments, are your sole responsibility, whether made directly by you or through the Service's automated actions on your behalf. You shall comply with all applicable legal and regulatory requirements in each jurisdiction where your campaigns or ad content are displayed.
  • Ad content and intellectual property: You are solely responsible for ensuring that your ad content and the products or services advertised do not infringe on any third party's intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
  • Apple's right to reject: Apple reserves the right to reject, remove, or suspend any ad content, campaign, or targeting at any time and for any reason. The Service cannot guarantee that campaigns created on your behalf will be approved by Apple.
  • Confidential information: Campaign performance data, reporting metrics, and other non-public information provided by Apple in connection with your use of Apple Search Ads constitute Apple's Confidential Information. You agree to treat such information in accordance with Apple's Advertising Services Terms of Service.
  • Service availability: Apple may modify, suspend, or terminate access to Apple Search Ads or any features thereof at any time and at its sole discretion. We are not liable for any impact on the Service resulting from Apple's actions.

5. Your Responsibilities

You are solely responsible for:

  • Providing valid and current API credentials.
  • Maintaining sufficient funds or credit limits in your Apple Search Ads account to cover advertising spend.
  • Monitoring your campaigns and advertising spend on a regular basis.
  • Setting appropriate budget limits directly in your Apple Search Ads account to cap maximum spend.
  • Reviewing and understanding the automated actions performed by the Service on your account.
  • Complying with all applicable Apple Search Ads terms, policies, content guidelines, and technical specifications.
  • Ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction and in each jurisdiction where your campaigns are displayed.
  • Ensuring that your ad content, keywords, and targeting do not infringe on any third party's rights, including intellectual property rights.
  • Not using the Service for generating fraudulent or otherwise invalid clicks, impressions, or other actions.
  • Maintaining all necessary rights, authorizations, licenses, and permits for your advertised products and services.

6. No Guarantee of Results

THE SERVICE IS PROVIDED FOR CAMPAIGN MANAGEMENT PURPOSES ONLY. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO: INCREASED REVENUE, IMPROVED RETURN ON AD SPEND (ROAS), LOWER COST PER ACQUISITION (CPA), INCREASED APP DOWNLOADS, OR ANY OTHER PERFORMANCE METRIC. Past performance is not indicative of future results. Advertising outcomes depend on numerous factors beyond our control, including market conditions, competition, app quality, seasonality, and Apple's platform changes.

7. Automated Decision-Making and AI Disclaimer

You acknowledge and accept that the Service relies on artificial intelligence algorithms that may occasionally make suboptimal decisions, produce unexpected outcomes, or take actions that result in increased advertising expenditure. AI-driven systems are inherently probabilistic and are not infallible. We do not warrant that the automated decisions made by the Service will always be accurate, optimal, or beneficial. By using the Service, you accept full responsibility for enabling automated management of your advertising account and the financial consequences thereof.

8. Advertising Spend

You acknowledge that use of the Service may result in charges to your Apple Search Ads account. These charges are between you and Apple. We are not a party to your billing relationship with Apple and bear no responsibility for any advertising spend incurred through your Apple Search Ads account, whether or not such spend was initiated or influenced by the Service. You are solely responsible for setting and maintaining daily and total budget caps in your Apple Search Ads account. We strongly recommend setting budget limits directly in Apple Search Ads as a safeguard.

9. Billing and Cancellation

The Service is billed on a monthly subscription basis at the then-current rate (currently $49 per app per month). All fees are non-refundable except where required by applicable law. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, ADVERTISING SPEND LOSSES, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; (d) any claim that your use of the Service caused damage to a third party; (e) any advertising spend incurred through your Apple Search Ads account while using the Service; or (f) any claim arising from your ad content, targeting, or advertiser data used in connection with Apple Search Ads through the Service.

13. Third-Party Services

The Service integrates with and depends on third-party services, including but not limited to Apple Search Ads, Apple App Store Connect, Apple's AdServices framework, and payment processors. We are not responsible for the availability, accuracy, or reliability of any third-party service. Changes to third-party APIs, terms of service, or policies may affect the functionality of the Service, and we shall not be liable for any such impact.

Your use of Apple Search Ads is governed by Apple's Advertising Services Terms of Service (available at ads.apple.com/terms-of-service) and Apple's Privacy Policy (available at apple.com/privacy). Your relationship with Apple is independent of your relationship with us. We are not an agent, partner, or representative of Apple.

14. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee any specific uptime or availability. Scheduled and unscheduled maintenance may temporarily interrupt the Service.

15. iOS SDK

If you use the ASA Agent iOS SDK ("SDK"), the following additional terms apply: The SDK is provided "as is" without any warranties. You are responsible for testing the SDK in your app before releasing to production. We are not liable for any issues caused by the SDK, including but not limited to app crashes, data loss, App Store rejection, or performance degradation. You are responsible for obtaining appropriate user consent for data collection as required by applicable privacy laws (including GDPR and CCPA) before initializing the SDK.

16. Publicity and Customer References

By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to display your app name, app icon, and a link to your App Store listing on our website and marketing materials as a customer reference ("Publicity Right"). This license is limited to identifying you as a customer of the Service and does not extend to any endorsement claims or testimonials attributed to you.

Performance data is confidential. Your campaign performance data, metrics, revenue figures, cost data, and any other results or statistics derived from your use of the Service or your Apple Search Ads account ("Performance Data") are treated as confidential. We will not publicly display, share, or reference your Performance Data in any form (including case studies, testimonials, aggregated statistics that could identify you, or marketing materials) without your separate, explicit, written consent.

You may revoke the Publicity Right at any time by sending a written request to support@asaagent.xyz. Upon receiving such request, we will remove your app name and icon from our website and marketing materials within 10 business days.

17. Relationship of the Parties

These Terms create an independent contractor relationship between you and the Company. No employment relationship, agency relationship (except as explicitly authorized herein for Apple Search Ads management), partnership, joint venture, fiduciary duty, or any other form of legal association is created by these Terms.

18. Termination and Suspension

Either party may terminate these Terms at any time by providing written notice to the other party. Upon termination, your access to the Service will cease and any pending campaigns managed by the Service will no longer be modified by us.

WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCOUNT AND ACCESS TO THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE REASONABLY BELIEVE THAT: (A) YOU HAVE ENGAGED IN FRAUDULENT, DECEPTIVE, OR ABUSIVE ACTIVITY IN CONNECTION WITH THE SERVICE OR YOUR APPLE SEARCH ADS ACCOUNT; (B) YOU HAVE USED THE SERVICE TO GENERATE FRAUDULENT OR INVALID CLICKS, IMPRESSIONS, INSTALLS, OR OTHER ACTIONS; (C) YOUR USE OF THE SERVICE VIOLATES ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT; (D) YOUR AD CONTENT OR ADVERTISED PRODUCTS OR SERVICES ARE UNLAWFUL, HARMFUL, OR OTHERWISE OBJECTIONABLE; (E) YOUR ACTIONS HAVE CAUSED OR MAY CAUSE HARM TO US, OUR PLATFORM, APPLE, OTHER USERS, OR ANY THIRD PARTY; OR (F) YOU HAVE MATERIALLY BREACHED THESE TERMS, INCLUDING ANY REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS SET FORTH HEREIN.

IN THE EVENT OF TERMINATION OR SUSPENSION UNDER THIS SECTION DUE TO YOUR BREACH OR PROHIBITED CONDUCT, YOU SHALL NOT BE ENTITLED TO ANY REFUND OF FEES PREVIOUSLY PAID, INCLUDING FEES FOR THE CURRENT OR ANY REMAINING BILLING PERIOD. ALL OUTSTANDING FEES SHALL BECOME IMMEDIATELY DUE AND PAYABLE. THIS REMEDY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO US UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING THE RIGHT TO SEEK DAMAGES AND INJUNCTIVE RELIEF.

19. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, third-party service outages, or cyberattacks.

20. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English in the State of Delaware, United States. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

22. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

24. Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

Contact

If you have any questions about these Terms, please contact us at support@asaagent.xyz.