Terms and Conditions for AIMEY Google Ads Management

1. Introduction and Acceptance

Welcome to AIMEY, an AI-powered Google Ads management platform operated by AIMEY GmbH ("AIMEY," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AIMEY regarding your access to and use of our website, platform, and services (collectively, the "Service").

By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. Service Description and Scope

AIMEY provides AI-powered Google Ads campaign management services, including but not limited to:

• Automated campaign creation and optimization
• Real-time bid management and budget allocation
• Performance analytics and reporting
• Keyword research and ad copy optimization
• 24/7 AI-powered campaign monitoring
• Conversion tracking setup and management
• Campaign strategy consultation

Our Service integrates with Google Ads through official APIs and requires users to maintain active Google Ads accounts. AIMEY does not replace Google Ads but enhances its functionality through artificial intelligence and automation.

The availability and functionality of our Service may vary based on your subscription plan, Google Ads account status, and other factors beyond our control. We strive to provide continuous service availability but cannot guarantee uninterrupted access.

AIMEY's AI algorithms are continuously learning and improving. Performance results may vary and are influenced by factors including market conditions, competition, ad quality, and user compliance with platform policies.

3. Account Registration and Security

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Provide truthful and accurate information during registration
• Maintain the security of your login credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities under your account
• Use strong passwords and enable two-factor authentication when available

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activities. You may not create multiple accounts or share account access with unauthorized users.

If you become aware of any security breach or unauthorized use of your account, you must immediately notify us at contact@echomotion.de.

4. Subscription Plans, Fees, and Payment

AIMEY offers various subscription plans with different features and pricing structures. All fees are clearly displayed on our website and are subject to change with prior notice.

Payment terms include:

• Monthly subscription fees are charged in advance
• Additional fees may apply based on advertising spend volume
• All payments are processed securely through third-party payment providers
• Refunds are subject to our refund policy as outlined separately
• Late payments may result in service suspension
• All fees are exclusive of applicable taxes unless otherwise stated

You are responsible for all charges incurred under your account, including applicable taxes. Payment methods must be valid and have sufficient funds available.

We reserve the right to change our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at your next billing cycle.

5. Cancellation and Termination

You may cancel your subscription at any time through your account dashboard or by contacting our support team. Cancellations are effective at the end of the current billing period.

Upon cancellation:

• You will retain access to the Service until the end of your current billing period
• No refunds will be provided for partial billing periods
• Your campaigns will continue running until you manually pause them
• Historical data and reports will remain accessible for 90 days

We reserve the right to terminate or suspend your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay subscription fees when due
• Misuse our Service or harm our systems
• Violate Google Ads policies resulting in account suspension

Upon termination, your access to the Service will cease, and we may delete your account data in accordance with our data retention policies.

6. Acceptable Use and Compliance

You agree to use our Service only for lawful purposes and in accordance with these Terms. Prohibited activities include:

• Creating misleading or deceptive advertisements
• Violating Google Ads policies or guidelines
• Attempting to circumvent our security measures
• Using our Service to promote illegal products or services
• Reverse engineering or copying our proprietary technology
• Interfering with other users' use of the Service
• Transmitting malware, viruses, or other harmful code

You are responsible for ensuring your advertising campaigns comply with all applicable laws, regulations, and advertising standards in your jurisdiction and target markets.

We reserve the right to monitor your use of the Service and take appropriate action if we detect violations of these Terms or applicable laws.

7. Intellectual Property and Content Ownership

AIMEY retains all rights, title, and interest in our Service, including our software, algorithms, artificial intelligence models, and any improvements or modifications thereof. Our Service is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of your advertising content, campaign data, and business information. By using our Service, you grant us a limited license to access and process this information solely for the purpose of providing our services.

This license includes the right to:

• Access your Google Ads account data
• Create and modify campaigns on your behalf
• Analyze performance data to improve our AI algorithms
• Generate reports and recommendations

You may not reproduce, distribute, modify, or create derivative works based on our Service without our express written permission. Any unauthorized use of our intellectual property may result in immediate termination of your account.

8. Privacy and Data Protection

We are committed to protecting your privacy and handling your data responsibly. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which complies with applicable data protection laws including GDPR.

Key privacy commitments include:

• Transparent data collection and usage practices
• Secure storage and transmission of your information
• Your rights to access, modify, and delete your data
• Limited data sharing only as necessary for service provision
• Regular security audits and compliance monitoring

We use industry-standard security measures to protect your data, including encryption, secure data centers, and access controls. However, no method of transmission over the internet is 100% secure.

By using our Service, you consent to the data practices described in our Privacy Policy. You have the right to withdraw consent at any time, though this may affect our ability to provide certain services.

9. Third-Party Services and Integrations

Our Service integrates with third-party platforms, primarily Google Ads, and may utilize other third-party services for enhanced functionality. These integrations are subject to the terms and policies of the respective third-party providers.

We are not responsible for:

• Changes to third-party APIs or services that affect our functionality
• Third-party service outages or performance issues
• Data practices of integrated third-party services
• Costs associated with third-party services (e.g., Google Ads spend)
• Policy changes by third-party providers

You acknowledge that your use of third-party services through our platform is subject to their respective terms and conditions. We recommend reviewing the terms of service for all integrated platforms.

If third-party integrations become unavailable or restricted, we will make reasonable efforts to provide alternative solutions or notify you of service limitations.

10. Disclaimers of Warranties

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee:

• Specific advertising performance or return on investment
• Uninterrupted or error-free service operation
• Compatibility with all systems or configurations
• Achievement of specific business outcomes
• Elimination of all campaign inefficiencies
• Compliance with all Google Ads policy changes

Advertising performance depends on numerous factors beyond our control, including market conditions, competition, seasonal variations, and the quality of your products or services.

Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations may not apply to you. In such cases, warranties are limited to the minimum extent required by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIMEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

Our total liability for any claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, or otherwise, and includes but not limited to:

• Campaign performance below expectations
• Technical errors or system downtime
• Loss of advertising spend due to system issues
• Business interruption or lost opportunities
• Data loss or corruption

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless AIMEY, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your advertising content or campaigns
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Claims related to your products or services being advertised

This indemnification obligation includes defending against any legal proceedings and paying any resulting judgments, settlements, or damages.

This indemnification obligation survives termination of these Terms and your use of the Service.

13. Changes to the Service and Terms

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice. We may also update these Terms periodically to reflect changes in our services, legal requirements, or business practices.

Material changes to these Terms will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• In-platform notifications
• Updates to this Terms page with revision dates

Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

We may also make changes to improve security, comply with legal requirements, or enhance functionality without prior notice.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Munich, Germany.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence for matters related to consumer protection laws.

Before pursuing legal action, we encourage you to contact us directly to resolve any disputes amicably. Many issues can be resolved through direct communication.

Any legal proceedings must be commenced within one (1) year after the cause of action accrues, except where prohibited by applicable law.

15. Miscellaneous Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIMEY regarding the Service and supersede all prior agreements.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, or government actions.

Language: These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of conflicts.

Contact Information: For questions about these Terms, please contact us at:

Effective Date: These Terms are effective as of January 15, 2025, and replace all previous versions.

Acknowledgment: By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.