Terms of service

These Terms of Service govern your access to and use of Dactyl OS and the related websites and services operated by Dactyl Media. By accessing the platform, connecting an account to it, or receiving services from us, you agree to these terms. If you do not agree, do not use the service.

If you accept these terms on behalf of a company, you confirm that you are authorized to bind that company, and references to you mean that company.

Dactyl OS is a marketing intelligence platform. It connects to advertising and content accounts you authorize, retrieves data from them, produces research, strategy, copy, and creative assets, and can publish or schedule content and advertising on your behalf. Services may also include consulting, campaign management, and reporting delivered under a separate written agreement.

Where a signed services agreement, statement of work, or order form exists between us, that document controls if it conflicts with these terms.

• You are responsible for the accuracy of the information you provide and for keeping your login credentials secure.
• You must have the right to grant us access to any advertising account, business page, analytics property, or customer record you connect to the platform.
• You may withdraw that access at any time through the relevant platform, and doing so may limit or end our ability to deliver the service.
• You are responsible for activity that occurs under accounts you control.

You agree not to use the service to:

• Advertise products or make claims that are false, deceptive, or unlawful.
• Violate the advertising policies or terms of any connected platform, including Meta and Google.
• Infringe intellectual property rights, or upload content you do not have the right to use.
• Attempt to gain unauthorized access to the platform, other customer accounts, or the underlying systems.
• Resell or redistribute the service without our written permission.

We may decline or discontinue work that we believe is deceptive, unlawful, or harmful, and we reserve the right to end an engagement on those grounds.

The service depends on platforms we do not control, including Meta, Google, and other advertising and analytics providers. Your use of those platforms remains subject to their own terms and policies. We are not responsible for their availability, for changes they make to their interfaces or policies, for their pricing or ad delivery decisions, or for their suspension of any account. Media spend is billed by the platform to the payment method on file unless a separate agreement says otherwise.

You retain ownership of the brand assets, content, and data you provide to us and of the data held in your connected accounts. You grant us a limited license to use that material solely to deliver the service to you.

We retain ownership of the Dactyl OS platform itself, including its software, models, frameworks, templates, and methodologies. Deliverables produced specifically for you become yours upon payment in full, except for the underlying platform and methods, which remain ours.

Fees, billing frequency, and payment terms are set out in your services agreement or order form. Invoices are due on the terms stated there. Late amounts may result in suspension of the service after written notice. Advertising spend paid to third-party platforms is separate from our fees unless expressly stated otherwise.

Each party may receive confidential information from the other. Both parties agree to protect that information, to use it only to perform under these terms, and not to disclose it to third parties except to employees, contractors, and subprocessors bound by similar obligations. This does not apply to information that is public, already known without obligation, independently developed, or required to be disclosed by law.

The service is provided on an as is and as available basis. We do not warrant that the service will be uninterrupted or error free. Advertising and marketing results depend on many factors outside our control, including market conditions, platform algorithms, and your own products and pricing. We do not guarantee any specific level of revenue, leads, ranking, or return on advertising spend.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. Our total liability arising out of or relating to the service is limited to the amount of fees you paid to us in the three months immediately before the event giving rise to the claim. These limits do not apply to a breach of confidentiality, to indemnification obligations, or to gross negligence or willful misconduct.

Either party may terminate an engagement in accordance with the notice terms in the applicable services agreement. We may suspend or terminate access immediately for a material breach of these terms, for non-payment after notice, or where continued service would violate law or platform policy. On termination we stop accessing your connected accounts, and you may request deletion of your data as described on our data deletion instructions page.

We may update these terms from time to time. Changes are posted on this page with an updated date. Material changes affecting an active engagement will be communicated to you directly. Continued use of the service after a change takes effect constitutes acceptance of the revised terms.

These terms are governed by the laws of the State of Nevada, without regard to its conflict of laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.