Terms of Service

These Terms of Service (the "Terms") govern your access to and use of all services, software, websites, platforms, applications, and digital tools (collectively, the "Services") made available by OXG Pte. Ltd., a company incorporated in Singapore, operating under the trade name "PotionAds" ("we", "our", or "us").

By accessing or using our Services, you agree to be bound by these Terms and comply with all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use our Services.

1. Nature of Services and Legal Disclaimer

PotionAds is an artificial intelligence ("AI")-powered software provider that enables users to create, optimize, and analyze advertising content and marketing creatives. All Services are powered by proprietary machine learning and generative AI technology.

Users acknowledge and agree that all content, media, or data generated through PotionAds is machine-generated and must be used in compliance with all applicable advertising laws, industry regulations, and platform-specific guidelines (including Meta, TikTok, and Google Ads policies).

PotionAds makes no representations or warranties regarding the accuracy, reliability, or compliance of AI-generated outputs. Users are solely responsible for how they use, publish, or distribute any outputs derived from the Services, including ensuring compliance with data protection, intellectual property, and consumer protection laws.

2. Licensing and Subscription Requirement

Access to AI-generated content—including ad scripts, video assets, copy, or data (collectively, "Content")—is granted only under an active paid subscription.

A valid license is automatically granted for the duration of your paid subscription, subject to these Terms. Upon expiration, cancellation, or suspension of your subscription, your license to use any generated Content immediately terminates.

You must cease all use of PotionAds-generated Content unless explicitly authorized under a separate written agreement.

3. User Eligibility and Account Responsibility

• You must be at least 13 years old (or the minimum legal age in your country) to use the Services.
• If you are under 18, you may use PotionAds only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

When registering for a PotionAds account, you agree to provide accurate and complete information. You are responsible for safeguarding your login credentials and for all activity under your account. If you register on behalf of a company or organization, you represent that you are duly authorized to bind that entity to these Terms.

4. Acceptable Use Policy

You agree to use the Services solely for lawful and authorized purposes. You must not engage in activities that interfere with the integrity or performance of our platform.

Specifically, you may not use PotionAds to:

• Create or promote pornography, adult, or sexually suggestive content
• Promote gambling, betting, or lottery services
• Market or distribute illegal drugs or controlled substances
• Engage in deceptive, misleading, or fraudulent practices
• Misrepresent AI-generated outputs as human-created
• Attempt to copy, reverse-engineer, or sublicense our technology
• Infringe on copyright, trademark, privacy, or publicity rights
• Bypass limitations, quotas, or usage restrictions

Violations may result in immediate account termination, legal action, or reporting to relevant authorities.

5. Ownership of Content and Intellectual Property

You retain ownership of the input materials you provide to the platform ("Input"). Subject to applicable law and compliance with these Terms, PotionAds assigns to you any rights it may hold in the resulting AI-generated outputs ("Output").

However, because AI models may generate similar outputs for different users, we do not guarantee exclusivity or uniqueness of any Output.

All other intellectual property—including our algorithms, source code, training data, UI, documentation, and brand assets—remain the exclusive property of OXG Pte. Ltd.

You may not use our name, logo, or brand assets without prior written consent or explicit Brand Guidelines authorization.

6. Billing, Payments, and Subscription Terms

Subscription fees and pricing are displayed at the time of purchase. By subscribing, you authorize PotionAds to charge your selected payment method on a recurring basis per your billing cycle. All payments are non-refundable, except where required by law. We may adjust pricing with 30 days' notice. You may cancel your plan before renewal if you do not agree to new rates. In case of payment failure or chargeback, access may be suspended until resolved.

You are responsible for all applicable taxes related to your purchase.

7. Service Availability and Termination

We may modify, suspend, or discontinue the Services at any time. If we terminate access for prepaid subscribers, a pro-rated refund may be issued where legally required.

We may suspend or terminate your account if:

• You violate these Terms
• Your use poses reputational, legal, or technical risk
• Your account remains inactive for 12+ months

You may close your account at any time by contacting our support team.

8. Disclaimer and Limitation of Liability

The Services are provided "as-is" and "as-available", without warranties of any kind. PotionAds makes no guarantees about the accuracy, reliability, or compliance of generated content.

To the fullest extent permitted by law, OXG Pte. Ltd. disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

OXG Pte. Ltd. shall not be liable for any indirect, incidental, or consequential damages, including loss of data, revenue, or reputation. Our total liability shall not exceed the greater of SGD $200 or the total amount you paid in the previous 12 months.

9. Indemnification

If you use PotionAds on behalf of a business or organization, you agree to indemnify and hold harmless OXG Pte. Ltd., its officers, and employees from any claims, damages, or expenses (including legal fees) arising out of:

• Your use of the Services
• Your breach of these Terms
• Any violation of law or third-party rights

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Singapore. You agree to attempt informal resolution before initiating legal proceedings.

If unresolved, disputes shall be submitted to binding arbitration seated in Singapore under the Singapore International Arbitration Centre (SIAC) rules.

Class or collective actions are not permitted. Claims must be brought in your individual capacity.

11. Copyright and DMCA Compliance

If you believe your intellectual property has been infringed through PotionAds, please contact us at legal@potionads.com with:

• Your full name and contact details
• A description of the copyrighted work
• A good-faith statement that the use is unauthorized
• Your electronic or physical signature

We will review and act on all legitimate takedown requests promptly.

12. General Provisions

These Terms constitute the entire agreement between you and OXG Pte. Ltd. regarding the Services. You may not assign your rights or obligations without our written consent. We may assign our rights to any affiliate or successor entity.

Failure to enforce any provision does not waive our rights. If any clause is deemed unenforceable, the remainder remains in effect.

13. Contact Information

For support, legal inquiries, or complaints, please contact:

📧 Email: help@potionads.com
🏢 Company Name: OXG Pte. Ltd.