Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") form a binding agreement between you and A Digital Motive, a business registered in Pakistan ("ADigitalMotive", "we", "us" or "our"). They govern your access to and use of our websites at adigitalmotive.com, our web application, our mobile applications for Android and iOS, our WhatsApp and messaging channels, the business websites we host for you, the AI assistant known as ADM Assistant, and every related feature, tool and support service (together, the "Service").

By creating an account, starting a free trial, connecting a website or using any part of the Service, you confirm that you have read these Terms and agree to them. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" refers to it.

Several other documents form part of this agreement and apply as if written here: the Privacy Policy, the Acceptable Use Policy, the Billing, Refunds and Cancellation Policy, the AI Notice and, where relevant to the features you use, the Websites, Hosting and Domains Terms, the Messaging Policy, the Website Care Terms, the Data Processing Addendum and the Partner Program Terms. If any of those documents conflicts with these Terms on a matter it specifically addresses, that document wins for that matter.

2. Eligibility and your account

You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract. The Service is built for businesses, professionals, freelancers and creators. It is not intended for personal, household or consumer use, and you agree that you are using it for business purposes.

You can sign up with a mobile number and a one-time code, an email address, or another sign-in method we offer. You agree to give accurate information, to keep it up to date and to keep your sign-in method secure. Everything done through your account is treated as done by you, unless you tell us promptly that your account has been used without your permission.

You may add team members on plans that allow it. You decide what each team member can see and do, and you remain responsible for their use of the Service. When a team member leaves your business, remove their access.

We may refuse to open an account, or ask for more information before activating features such as custom domains, messaging to customers or Care plans, where we need it to prevent fraud, meet the rules of our providers or comply with the law.

3. What the Service does

ADigitalMotive helps you create and manage your business presence and day-to-day tools. Depending on your plan, this includes a website, graphic design (such as a logo, brand kit, posters, social posts and print files), search engine optimisation and Google tools, marketing (such as offers, social publishing, review requests and messages to customers who have agreed to receive them), and business tools such as bookings, orders, invoices, quotes, customer records and reports. Care plans add monitoring, backups, security checks, fixes and growth actions for websites, stores and apps that you already own.

You can give instructions by message, voice note or in the app. The ADM Assistant, an artificial intelligence system, plans and prepares the work. Our team reviews selected work and handles requests that need a person. The features, limits and prices of each plan are shown on our Pricing page and in your account, and may differ by country.

We improve the Service continually. We may add, change or retire features. If we retire a feature that is a core part of a plan you have paid for, we will give you reasonable notice and, where the change materially reduces what you receive, offer a suitable alternative or a pro-rata credit.

4. Previews, approval and publishing

Work prepared for you is shown as a preview before it goes live, unless you have switched on automatic publishing for a specific type of task. You decide what is published. When you approve a website, design, post, message, offer, invoice or any other output, you confirm that its content is accurate and lawful and that you are allowed to publish it.

You can undo or change published work. Some actions cannot be reversed once they leave our systems, for example a message already delivered to a customer's phone or a post already seen on a social network. Review previews with care before approving them.

Where you enable automatic publishing (for example a scheduled weekly post), you accept responsibility for that content as if you had approved each item individually. You can switch automatic publishing off at any time.

5. Your content and ownership

"Your Content" means everything you or your team provide to the Service, such as your business name, logo, photos, product and service details, prices, texts, voice notes, customer lists and documents, and everything the Service produces specifically for your business from that material, such as your website pages, brand kit, posters, posts, invoices and reports.

As between you and us, you own Your Content. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt, translate, display, publish and transmit Your Content only as needed to provide, secure and improve the Service for you, including sharing it with the providers that help us deliver it. This licence ends when Your Content is deleted from our systems, except for copies we must keep by law, copies in backups that expire on a normal cycle, and content you have already published to third-party platforms.

You confirm that you own Your Content or have every permission needed to use it in this way, and that it does not infringe anyone else's rights or break any law. If you upload a photo of a person, you confirm you have their permission where the law requires it.

Designs produced for you are made for your business and, under our uniqueness rules, are not given to a competing business of the same type in your area. The underlying layouts, components, illustrations, fonts, code and design system remain ours or our licensors' and are licensed to you for use within the Service and in materials you export. Fonts and stock elements we include carry their own licences, which we will tell you about if they restrict use.

6. Our platform and intellectual property

The Service, including its software, AI prompts and models we develop, design engine, templates, illustrations, graphics, text written by us, trademarks such as "ADigitalMotive", "ADM Assistant" and our logo, and all improvements, belongs to us or our licensors and is protected by intellectual property laws. Except for the rights expressly given to you in these Terms, no rights are transferred to you.

You may not copy, modify, reverse engineer, decompile or create derivative works of the platform, attempt to extract our source code or models, use the Service to build a competing product, remove our notices, or access the Service by automated means other than through features and interfaces we provide.

If you send us ideas or suggestions, we may use them without obligation to you.

7. Free trial

We may offer a free trial of a plan. The current trial length, included features and limits are shown on our Pricing page and when you sign up, and are set by us for each plan and country. During the trial some features may be limited or locked, for example connecting your own domain or publishing to social networks. No payment card is required to start a trial unless the sign-up page says otherwise.

When the trial ends, your account moves to read-only or a limited state until you choose a paid plan. Your work is kept for the period stated in the Billing Policy, so you can continue where you left off. We may end or change trial offers, and we may refuse trials to anyone who has used one before or appears to be abusing them.

8. Plans, fees and taxes

Paid plans are charged in advance for each billing period (monthly or yearly, as you choose) and renew automatically at the end of each period until you cancel. Prices are shown in your local currency where available and may include or exclude taxes depending on your country; the checkout always shows the final amount before you pay.

Payments for your subscription may be processed by a payment partner acting as our reseller or merchant of record. Where that is the case, your purchase contract for billing purposes is with that partner, and their terms apply to the payment itself. Full details about renewals, plan changes, failed payments, refunds and cancellation are in the Billing, Refunds and Cancellation Policy.

We may change prices for future billing periods. We will tell you at least 30 days before a price increase affects you, and you can cancel before it takes effect.

9. Payments from your customers

ADigitalMotive is not a bank, payment institution, money transmitter or marketplace. We never receive, hold, process, transfer or take a commission on money that your customers pay you.

You choose how your customers pay you, for example bank transfer, mobile wallet, cash, card terminal or your own account with a payment provider. The Service can display those payment details on your invoices, booking pages, orders and reminders, record when you mark something as paid, and track balances and deposits. Where you connect your own payment provider account, money flows directly from your customer to that account under your agreement with the provider; we only read the payment status you allow us to see.

You are solely responsible for your prices, taxes, receipts, refunds and disputes with your customers, and for complying with the laws that apply to your sales.

10. Your responsibilities as a business

You are responsible for your business, your products and services, your relationships with your customers and everything you publish through the Service. In particular you agree to:

• make sure your prices, offers, opening hours, qualifications, licences and other claims are true and kept up to date;
• hold any licence, registration or permission your business needs, and display it where the law requires;
• follow consumer protection, advertising, distance-selling, privacy and tax rules in the places where you trade;
• obtain your customers' consent before sending them marketing messages, and honour requests to stop, as set out in the Messaging Policy;
• follow the Acceptable Use Policy and the extra safeguards for regulated professions described in it.

If you work in a regulated field such as health, law, finance or property, the Service applies extra care to the content it prepares, but it does not give professional advice and you remain responsible for meeting your professional rules.

11. Third-party services

The Service connects with services run by other companies, such as WhatsApp and other messaging channels, social networks, Google Business Profile, search consoles, domain registrars, hosting providers, website platforms and payment providers. Your use of those services is governed by their own terms and policies, which you agree to follow. We are not responsible for their availability, decisions or changes. If a provider changes or withdraws access (for example by changing its message prices or rules), we may need to change or suspend the related feature.

Connecting a third-party account gives us permission to access and act on it only as needed for the features you use. You can disconnect it at any time.

12. Availability and support

We work hard to keep the Service available and fast, but we do not promise that it will be uninterrupted or error-free. We may carry out maintenance, which we try to schedule at quiet times and announce in advance where it is planned. Our status page shows current availability.

Support is provided through the channels and within the response times described for your plan. Requests for custom work outside your plan, such as bespoke design or development, are quoted separately before any work begins.

13. Suspension and termination

You may stop using the Service and cancel your plan at any time, as described in the Billing Policy. You can also close your account from your settings.

We may suspend or limit your account, a website or a specific feature immediately if we reasonably believe that you have broken these Terms or the Acceptable Use Policy, that your use creates a security risk or legal liability, that payment has failed and not been corrected, or that we are required to do so by law or by a provider. Where it is reasonable and lawful, we will tell you why and give you a chance to fix the problem first.

We may end this agreement with 30 days' notice for any reason, or immediately for serious or repeated breaches. If we end it without cause, we will refund any prepaid fees for the unused period.

After your account ends, you can export Your Content for 30 days, after which we delete it as described in the Privacy Policy. Sections that by their nature should continue (such as ownership, payment obligations, disclaimers, limits of liability and disputes) survive termination.

14. Disclaimers

To the fullest extent the law allows, the Service is provided "as is" and "as available". We do not guarantee any particular business result, such as a number of visitors, enquiries, sales, search rankings, reviews or followers. Search engines, AI systems and social networks decide independently how to rank and show content.

Content prepared by AI can contain mistakes. You are responsible for reviewing it before approval. Nothing in the Service is legal, medical, financial, tax or other professional advice.

Some countries do not allow certain disclaimers. In those countries, the disclaimers apply only to the extent permitted, and you keep any rights you cannot lawfully give up.

15. Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect or consequential losses, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with this agreement, even if advised of the possibility.

Our total liability to you for all claims arising out of or in connection with this agreement in any twelve-month period is limited to the greater of (a) the fees you paid us for the Service in the twelve months before the event giving rise to the claim and (b) US$100.

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or for your obligations to pay fees and to indemnify us.

16. Indemnity

You agree to defend and compensate us, our staff and our providers against claims, losses and costs (including reasonable legal fees) brought by a third party that arise from Your Content, your products or services, your dealings with your customers, your breach of these Terms or the law, or your use of third-party services through ours. We will tell you promptly about such a claim, let you control the defence where appropriate, and cooperate reasonably at your cost.

17. Changes to these Terms

We may update these Terms to reflect changes to the Service, the law or our business. We will post the new version with a new "last updated" date and version number. If a change materially affects your rights, we will tell you at least 30 days in advance by email, in the app or by message, and where required we will ask you to accept the new Terms. If you do not agree, you can cancel before the change takes effect. Earlier versions remain available on request.

18. Governing law and disputes

These Terms are governed by the laws of England and Wales. Before starting any formal proceedings, both parties agree to try in good faith to resolve the dispute by contacting each other, starting with a message to support@adigitalmotive.com. If it is not resolved within 30 days, the courts of the courts of England and Wales have exclusive jurisdiction, unless the law of your country gives you a non-waivable right to bring proceedings where you are based.

19. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not transfer this agreement without our written consent; we may transfer it to a company that takes over all or part of our business, and we will tell you if we do. These Terms, with the documents they refer to, are the entire agreement between us about the Service. Notices to you may be sent to your account email, in the app or by message; notices to us must be sent to support@adigitalmotive.com. Translations are provided for convenience, and the English version prevails if there is a conflict.