Terms of Use — Adtelie

1. Agreement

These Terms of Use (the “Terms”) form a binding agreement between you (“you”, “your”) and COOLAGENCY — Lioumpov Kiourtzidou, Immenhofer Str. 25, 70180 Stuttgart, Germany (“coolagency”, “we”, “us”), the operator of the Adtelie service at adtelie.com(the “Service”).

By creating an account, logging in, or otherwise using the Service, you confirm that you have read, understood and agree to these Terms and the linked Privacy Policy. If you do not agree, do not use the Service.

2. Who can use Adtelie

Adtelie is built for businesses, brands, creators, and other professional users. You can use the Service if:

you are at least 18 years old, or older if your jurisdiction requires it;
you have the legal capacity to enter into a binding contract;
you are using the Service for your own business or on behalf of a company you are authorised to bind;
you are not based in, or acting on behalf of any party located in, a country subject to EU or German export sanctions.

3. Accounts & access

You need an account to use the Service. You must give us accurate information, keep your credentials secret and notify us immediately if you suspect unauthorised access. You are responsible for everything that happens under your account, including actions by people you invite into your workspace.

We may add or remove features, change the user interface, and adjust limits (e.g. monthly generation quotas) as the product evolves. Where a change materially reduces a feature you actively rely on, we will give you reasonable notice.

4. Subscriptions & billing

Adtelie is offered as a recurring subscription. The plan, price, billing cycle and included usage are shown to you at checkout and on your billing page inside the product. Payments are processed by Stripe Payments Europe Ltd. on our behalf.

Renewal. Subscriptions renew automatically at the end of each billing cycle for the same length and price unless you cancel beforehand.
Cancellation. You can cancel at any time from your billing page. Cancellation takes effect at the end of your current billing period; you keep access until then.
Price changes. We may change subscription prices on renewal. We will notify you by email at least 30 days before any increase, so you can cancel before it takes effect.
Taxes. Prices are exclusive of VAT and other applicable taxes, which we add at checkout based on your billing country.
Failed payments. If a payment fails, we may suspend access until it is resolved. After 14 days of failed attempts we may downgrade or close the account.
Refunds.Subscription fees are non-refundable except where required by law, e.g. under the consumer withdrawal right in §6.

5. Trials & promotional credits

We sometimes offer free trials or promotional generation credits. They are personal to your account, cannot be transferred or cashed out, and expire on the date stated when they are granted. We can change or end trial programmes at any time.

6. Right of withdrawal (consumers)

If you are a consumer in the EU under § 13 BGB (i.e. you signed up for purposes outside your trade, business or profession), you have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the conclusion of the contract. To exercise the right, send us an unambiguous statement (for example by email to hello@adtelie.com) saying that you wish to withdraw.

Important:by starting to generate creatives before the 14-day period ends, you expressly request immediate performance and acknowledge that your right of withdrawal lapses once we begin delivering the generation services to you (§ 356(4) BGB).

7. Acceptable use

You agree not to use the Service to:

break any law, infringe anyone's rights, or generate material that is defamatory, hateful, harassing or sexually explicit involving minors;
impersonate another person or brand without authorisation;
upload malware, attempt to access other users' data, probe our infrastructure, or interfere with the Service's integrity;
scrape, mirror or resell the Service or any part of it;
train competing AI models on outputs generated by Adtelie;
circumvent generation quotas, rate limits, or paywalled features.

8. Your content

You keep all rights in the briefs, brand assets, product images and other inputs you upload (“Your Content”). You grant coolagency a worldwide, non-exclusive, royalty-free licence to host, store, transmit and process Your Content for the sole purpose of operating the Service for you (including by forwarding it to the AI sub-processors listed in the Privacy Policy).

You confirm that you have the rights necessary to upload Your Content and that doing so does not infringe any third-party rights or applicable laws.

9. Generated content

Subject to your continued compliance with these Terms, coolagency assigns to you, to the maximum extent permitted by law, all rights it may hold in the creatives generated for you through the Service (“Generated Content”). You can use Generated Content for any lawful purpose, including commercial use, subject always to §10 below.

AI-generated outputs are produced probabilistically. They may, depending on prompts and inputs, resemble outputs other users receive, incorporate elements similar to existing works, or be reproduced in part across generations. We do not guarantee the uniqueness, originality, copyrightability or non-infringement of Generated Content. Your duties before using any Generated Content publicly are set out in §10 and form a core part of this agreement.

10. AI output: nature, risks & your responsibilities

The Service produces Generated Content using generative AI models. Because those models are statistical and non-deterministic, the output cannot be guaranteed, replicated exactly, or pre-verified. You must read this section carefully. By using the Service you confirm that you have read, understood and accepted it.

a) Nature of AI output

Generated Content (including text, images, video, audio, voiceovers, captions, music, animations and any combination thereof) may:

contain factual errors, “hallucinations”, fabricated quotes, statistics or sources;
contain numerical, legal, medical, financial, scientific or technical inaccuracies;
include faces, bodies, voices, brand elements, slogans, logos, fonts, packaging or visual styles that resemble those of real persons, products or third-party brands the underlying model has been exposed to during training;
be reproduced, paralleled or closely matched in outputs delivered to other users with similar prompts;
behave inconsistently across runs, even when given identical inputs;
contain artefacts (extra fingers, distorted text, broken anatomy, mis-rendered logos) that make the output unsuitable for production without editing.

b) Mandatory human review before publication

Every piece of Generated Content is a draft until you have reviewed it. Before publishing, distributing, broadcasting, posting, sharing with a client, presenting to an end customer or otherwise making any Generated Content available outside your own workspace, you will, at your own cost:

review the output in full for accuracy, legality and brand safety;
verify any statement about products, prices, ingredients, performance, certifications, warranties, awards, endorsements, testimonials or comparative claims;
obtain rights clearance for any likeness, voice, logo, trademark, copyrighted work, music or other third-party element that appears in or could be perceived in the output;
confirm compliance with the publication policies of every platform on which the creative will run (including, where applicable, Meta, Google, TikTok, LinkedIn, Pinterest, Snap, X, YouTube, Reddit and any DSP, SSP or programmatic network);
keep your own audit record of the review where required by applicable law or your client agreements.

You are the publisher and advertiser of record for any creative you place into market. Adtelie is a creation tool. coolagency is not your editor, your legal counsel, your compliance officer or your media agency, and does not assume any of those roles by virtue of providing the Service.

c) Advertising, marketing and consumer-protection laws

You are solely responsible for ensuring that Generated Content, in the form in which you publish it, complies with all applicable advertising, marketing, e-commerce and consumer-protection laws in every jurisdiction where it is published or otherwise made available. This includes, without limitation:

Germany: Gesetz gegen den unlauteren Wettbewerb (UWG), Telemediengesetz / Digitale-Dienste-Gesetz (DDG), Heilmittelwerbegesetz (HWG), Jugendschutzgesetz (JuSchG), Preisangabenverordnung (PAngV);
EU: Unfair Commercial Practices Directive (2005/29/EC), Audiovisual Media Services Directive, Digital Services Act, Digital Markets Act, GDPR, and the AI Act (Regulation (EU) 2024/1689);
UK: CAP Code, BCAP Code, ASA rulings, Consumer Protection from Unfair Trading Regulations;
United States: FTC Act, FTC Endorsement Guides and Green Guides, CAN-SPAM, state consumer-protection statutes, and state AI-disclosure and political-advertising laws (including, where applicable, California AB 2655 and AB 2839);
any equivalent rules in any other market you address.

d) AI disclosure / labelling

Where applicable law, regulation, industry code or platform policy requires you to disclose that content was generated or materially altered by artificial intelligence — including under Article 50 of the EU AI Act for synthetic image, audio or video content, the disclosure rules of major ad platforms, and any national rules on synthetic political or deepfake content — you, and not coolagency, are responsible for adding the required disclosure or label to the Generated Content before publication.

e) Regulated and sensitive sectors

If you generate creatives for industries that are subject to heightened advertising rules — including alcohol, tobacco and vaping, gambling and lotteries, financial services and insurance, crypto-assets and digital-asset trading, pharmaceuticals, food supplements, medical devices, weapons and ammunition, adult content, political advertising, MLM and network-marketing schemes, or anything addressed to minors — you accept that you, and not coolagency, are responsible for sector-specific compliance, including but not limited to age-gating, mandatory disclaimers, licensing claims, claim substantiation, pre-clearance with competent authorities, and platform-specific approvals.

f) Prohibited uses of AI

In addition to §7 (Acceptable use), you must not use the Service to create or distribute outputs that:

depict identifiable real persons (including public figures, celebrities, politicians, employees, customers or any private individual) without their documented, valid, written consent;
create non-consensual sexual, nude, intimate or otherwise dignity-violating depictions of any person;
depict minors in any sexual, suggestive, violent or otherwise harmful context;
impersonate public officials, election candidates, government bodies, or authentic news organisations, or are intended to influence the outcome of an election, referendum or public vote;
mislead viewers about the identity, source, sponsorship or nature of products or services in a way that could constitute fraud or deceptive trade practice;
promote violence, terrorism, self-harm, suicide, illegal drugs, the illegal sale of firearms, or human trafficking;
infringe copyright, trademark, design rights, patent rights, trade-secret rights or the rights of publicity / personality of any third party;
breach the published policies of any platform on which the creative will be distributed.

g) No professional advice

Generated Content is produced for advertising creative purposes only. It is not, and you will not present it as, legal, medical, financial, tax, regulatory, scientific or other professional advice. Any factual claim you choose to publish remains your statement to the public, not ours.

h) No editorial pre-review by coolagency

coolagency does not pre-review individual outputs before they are delivered to you. We supply the tooling; you supply the editorial judgement. If we become aware of Generated Content that we reasonably believe violates these Terms, applicable law, or the rights of a third party, we may, without prior notice, remove it from our systems, block its regeneration, suspend the account that produced it, and where required by law cooperate with competent authorities.

i) Acknowledgement of residual risk

You acknowledge that the use of generative AI in advertising involves residual technical, reputational, regulatory and legal risks that cannot be eliminated by the provider of the tool. You accept those risks for any Generated Content you decide to use, publish, distribute or otherwise act upon, and you confirm that no statement made by coolagency in marketing materials, in-product copy, support communications or sales conversations modifies this section.

11. Third-party AI models

The Service uses third-party AI models (e.g. OpenAI, Replicate). Your use of the Service through those models is also subject to those providers' usage policies, which we summarise inside the product where relevant. We choose providers whose terms allow commercial use and prohibit them from training on the data we send them.

12. Availability & support

We aim for high availability but do not guarantee uninterrupted access. The Service is provided as is and may be temporarily unavailable for maintenance, updates, or events outside our reasonable control.

Standard support is available by email at hello@adtelie.com. Priority support, where included in your plan, is described on the pricing page.

13. Suspension & termination

You can stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that creates legal or security risk for us or other users.

On termination, we will give you a reasonable window to export Your Content unless a court order or law prevents us. After that window, we will delete Your Content in line with the Privacy Policy retention rules.

14. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided as is and as available. We make no warranties — express, implied, or statutory — about merchant- ability, fitness for a particular purpose, non-infringement, or the accuracy or reliability of generated outputs.

Statutory consumer-protection rights under German law are not affected by this section.

15. Limitation of liability

coolagency is liable without limitation for damages caused intentionally or by gross negligence, for damages arising from injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).

For damages caused by simple negligence, coolagency is liable only for the breach of an essential contractual obligation (cardinal duty) and only up to the foreseeable damage typical for this type of contract. In any case, our aggregate liability per calendar year is capped at the fees you paid us in the 12 months preceding the event giving rise to the claim.

We are not liable for indirect or consequential damages, lost profits, loss of goodwill, or loss of data, except to the extent the above paragraphs require otherwise.

16. Your indemnity

You agree to defend, indemnify and hold harmless coolagency, its owners, employees, contractors and sub-processors from and against any third-party claim, demand, regulatory investigation, fine, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to:

(a) Your Content or your right to use it;
(b) Generated Content as published, distributed or otherwise used by you, including any claim of defamation, infringement of intellectual-property, personality, publicity or privacy rights, misleading advertising, unfair competition, sector-specific regulatory breach (e.g. UWG, HWG, FTC, ASA, FDA), AI disclosure failure, or platform-policy violation;
(c) your breach of these Terms, including the obligations in §7 (Acceptable use) and §10 (AI output);
(d) your violation of any applicable law, regulation, industry code or platform policy.

We will notify you of any such claim, give you reasonable cooperation, and let you control the defence with counsel of your choice, provided that we may, at our own cost, participate with separate counsel and refuse any settlement that imposes non-monetary obligations on us without our written consent.

17. Governing law & venue

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Stuttgart, Germany.

Consumers retain the right to bring proceedings in the courts of their habitual residence under mandatory rules of EU law.

18. Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us for the Service and supersede any prior communications.
No waiver. Our failure to enforce a right is not a waiver of that right.
Severability. If a clause is held unenforceable, the rest stays in effect and the clause is replaced with a valid one that comes closest to the original intent.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor in connection with a merger or sale of assets, with notice to you.
Updates.We may update these Terms; we will notify active users by email and post the new version with an updated “Last updated” date. Continued use after the effective date constitutes acceptance.

19. Contact

Questions about these Terms can be sent to hello@adtelie.comor by post to the address in §1.