Legal

Terms of Service

Last updated: November 2024


01

Acceptance of Terms


By accessing or using Supercurve's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use our services. Supercurve reserves the right to update these Terms at any time; continued use of the services after changes constitutes acceptance.

02

Services


Supercurve provides AI-powered marketing services including paid media management, content and creative production, demand generation, and analytics. The specific services, deliverables, and performance expectations for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement. Supercurve reserves the right to modify, suspend, or discontinue any aspect of its services with reasonable notice. We do not guarantee specific outcomes — we commit to applying our best efforts and methodology.

03

Payment & Billing


Fees are specified in your Service Agreement or Statement of Work. Invoices are due within 30 days of issuance unless otherwise agreed in writing. Supercurve reserves the right to suspend services for accounts more than 15 days past due. All fees are exclusive of applicable taxes. Client is responsible for all advertising media spend billed directly by platforms (Google, Meta, etc.); these are pass-through costs, not Supercurve fees. Refunds are not provided for services already rendered.

04

Intellectual Property


Work product created by Supercurve specifically for a client engagement (creative assets, custom reports, custom code) becomes the client's property upon full payment. Supercurve retains ownership of its proprietary technology, methodologies, tools, and frameworks, including SupercurveOS and all underlying AI systems. Client grants Supercurve a limited license to use client brand assets, trademarks, and advertising account data solely for the purpose of delivering agreed services.

05

Confidentiality


Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation survives termination of the engagement for a period of three years. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law. Supercurve's confidentiality obligations extend to all client advertising data, performance metrics, and business information.

06

Termination


Either party may terminate the engagement with 30 days written notice, unless otherwise specified in the Service Agreement. Supercurve may terminate immediately for non-payment, material breach, or conduct that poses legal or reputational risk. Upon termination, Supercurve will provide a final report and transition assistance as specified in the SOW. Client remains responsible for fees incurred through the termination date. Media campaigns will be paused or wound down within a commercially reasonable timeframe.

07

Limitation of Liability


To the maximum extent permitted by applicable law, Supercurve's total liability for any claim arising from these Terms or the services shall not exceed the fees paid by client in the three months preceding the event giving rise to the claim. In no event shall either party be liable for indirect, incidental, special, consequential, or punitive damages. These limitations apply regardless of the theory of liability and even if a party has been advised of the possibility of such damages.

08

Governing Law


These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, with proceedings conducted in English. The parties waive any right to a jury trial. Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.