Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Outage Manager ("Company," "we," "us," or "our") governing your access to and use of the Outage Manager platform, website, and related services (collectively, the "Service").

By registering for an account, clicking "I agree," or otherwise accessing or using the Service, you represent that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them.

2. Description of Service

Outage Manager provides an analytics and campaign management platform for media buying teams, including:

• Cross-platform advertising analytics and reporting (Facebook Ads, TikTok Ads, Google Ads, and others).
• Campaign management tools including creation, duplication, and optimization.
• Automated rules and alerting systems.
• Financial tracking, spend verification, and reconciliation tools.
• Multi-user team management with role-based access control.
• Integration with third-party advertising platforms via their APIs.

3. Account Registration

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized use of your account at alex@outage-manager.cloud.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Authorized Use & Restrictions

4.1 Permitted Use

You may use Outage Manager solely for lawful business purposes — specifically, to manage and analyze your own (or your clients') advertising campaigns on connected platforms.

4.2 Prohibited Activities

You must not:

• Use the Service for any illegal purpose or in violation of applicable laws.
• Violate the terms of service of connected advertising platforms (Facebook, TikTok, Google, etc.).
• Attempt to reverse engineer, decompile, or extract source code from the platform.
• Use automated means to scrape, crawl, or extract data beyond intended API use.
• Interfere with or disrupt the Service's infrastructure or servers.
• Share account credentials with unauthorized parties.
• Resell, sublicense, or transfer access to the Service without prior written consent.
• Use the Service to manage advertising that violates any platform's advertising policies.
• Upload or transmit malicious code, viruses, or harmful content.
• Impersonate any person or entity or misrepresent your affiliation.

5. Third-Party Platform Integrations

Outage Manager integrates with third-party advertising platforms including Facebook/Meta, TikTok, and Google. By connecting these platforms:

• You authorize Outage Manager to access and process data from those platforms on your behalf.
• You confirm you have the right and authority to grant such access.
• You remain responsible for complying with each platform's own terms of service.
• You acknowledge that platform API changes may affect Service functionality.
• Outage Manager is not responsible for the availability, accuracy, or changes in third-party platforms.

6. Subscription & Payment

Access to Outage Manager requires a paid subscription. By subscribing:

• You authorize us to charge your payment method on a recurring basis for the selected plan.
• Fees are non-refundable except as required by applicable law or as described in our refund policy.
• We may change subscription pricing with 30 days' notice.
• Failure to pay may result in suspension or termination of your account.
• Taxes may apply depending on your location and will be added to the invoice.

7. Intellectual Property

7.1 Our Rights

Outage Manager and its licensors own all rights in the Service, including software, trademarks, trade dress, user interface design, documentation, and underlying technology. These Terms do not grant you any ownership rights.

7.2 Your Data

You retain ownership of the data you bring to Outage Manager (your advertising account data, campaign configurations, etc.). You grant Outage Manager a limited license to process this data solely to provide the Service to you.

7.3 Feedback

If you provide us with feedback or suggestions, you grant us the right to use it without restriction or compensation.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other's non-public information and to use it only for purposes of these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Data Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described therein.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADNEXUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses. Analytics data is provided for informational purposes; we do not guarantee the accuracy of data retrieved from third-party platforms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADNEXUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADNEXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

12. Indemnification

You agree to indemnify, defend, and hold harmless Outage Manager and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your violation of applicable law.

13. Term & Termination

• These Terms are effective upon your acceptance and continue until terminated.
• You may terminate your account at any time by contacting us.
• We may suspend or terminate your access immediately for material breach of these Terms.
• Upon termination, your right to use the Service ceases and we may delete your account data after 90 days.
• Sections on intellectual property, disclaimers, liability, and indemnification survive termination.

14. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification at least 14 days in advance. Continued use of the Service after changes constitutes acceptance of the revised Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by applicable law. Any disputes shall be resolved through good-faith negotiation first. If unresolved within 30 days, disputes shall be submitted to binding arbitration. Class action waiver: you waive any right to participate in class action proceedings related to the Service.

16. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Outage Manager.
• Severability: If any provision is found unenforceable, the remainder stays in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign your rights under these Terms without our consent.
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

17. Contact

For questions about these Terms:

• Email: alex@outage-manager.cloud
• Subject line: "Terms of Service Inquiry"