Effective Date: December 22nd, 2025
Welcome to Better Marketer (“Company,” “we,” “our,” or “us”), a software platform owned and operated by Digitino Emporium Marketing & Software.
These Terms of Service (“Terms”) govern your access to and use of our website, platform, software, tools, APIs, applications, and services (collectively, the “Platform”).
By accessing or using Better Marketer, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Platform.
1. Eligibility and Account Registration
To use Better Marketer, you must:
Be at least 18 years old or the age of majority in your jurisdiction
Provide accurate, complete, and current registration information
Maintain the confidentiality of your account credentials
Be fully responsible for all activity that occurs under your account
We reserve the right to suspend or terminate accounts if we suspect a violation of these Terms or misuse of the Platform.
2. Description of Services
Better Marketer is an AI-powered marketing automation platform that may include features such as:
Pre-trained AI agent workflows
Ad campaign management and optimization
Creative, copy, and content generation
Media buying automation
CRM, reporting, and funnel tools
API and third-party integrations (e.g., Google, Meta, payment processors)
We reserve the right to modify, enhance, or discontinue any aspect of the Platform at any time.
3. Subscription and Billing
A. Plans & Pricing
Aside to Free Trials - We offer two models, pay-per-result, and percentage of Ad Spend.
B. Payment Terms
Payments are processed through Stripe or other authorized payment processors
You are responsible for all applicable taxes and fees
C. Refund Policy
Except where required by law, all payments are non-refundable. Free trials or demos are provided to evaluate the Platform prior to billing.
4. Acceptable Use Policy
You agree not to use the Platform to:
Upload or distribute unlawful, harmful, defamatory, or obscene content
Infringe upon intellectual property or other third-party rights
Engage in spam, phishing, fraud, or deceptive marketing practices
Access or attempt to access data without authorization
Reverse engineer, decompile, or interfere with system security
Violate any applicable laws or regulations (including GDPR, CCPA, TCPA, CAN-SPAM)
We reserve the right to suspend or terminate accounts that violate this policy.
5. User Content and Data
A. Ownership
You retain ownership of all content, campaigns, data, and assets you upload or generate using the Platform.
B. License Grant
You grant Better Marketer a non-exclusive, worldwide, royalty-free license to:
Use your content solely to provide and improve the Platform
Perform internal processing, optimization, analysis, and debugging
We do not sell your data or use it for third-party advertising.
6. Third-Party Integrations and APIs
Better Marketer may integrate with third-party services, including but not limited to:
Google API Services
Meta (Facebook & Instagram) APIs
Stripe
GoHighLevel
YouTube Data API
By enabling these integrations, you agree to the applicable third-party terms and grant us permission to access necessary data. We comply with Google API Services User Data Policy, including Limited Use requirements.
7. Intellectual Property
All Platform content, software, systems, designs, and intellectual property (excluding user content) are:
Owned by Digitino Emporium Marketing & Software
Protected by copyright, trademark, and other applicable laws
You may not copy, modify, resell, distribute, or exploit any part of the Platform without our prior written consent.
8. Termination
We may suspend or terminate your account immediately, without notice, for reasons including:
Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment
You may cancel your subscription at any time through your account settings. Upon termination, access will be revoked, and we may delete associated data after 30 days.
9. Disclaimers
The Platform is provided “as is” and “as available.”
We do not guarantee:
Uninterrupted or error-free service
Accuracy or reliability of AI-generated outputs
Specific marketing or financial results
You assume full responsibility for decisions made using the Platform. We are not responsible for:
Loss of revenue, profits, or data
Third-party outages or API restrictions
Compliance failures caused by user actions
10. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, or consequential damages
Our total liability will not exceed the amount you paid us in the three (3) months prior to the claim
11. Indemnification
You agree to indemnify and hold harmless Digitino Emporium Marketing & Software and its affiliates from any claims, damages, or expenses arising from:
Your use of the Platform
Your violation of these Terms
Your violation of any law or third-party rights
12. Compliance with Laws
You are solely responsible for complying with all applicable advertising, marketing, and data privacy laws in your jurisdiction. We provide tools—not legal advice or compliance guarantees.
13. Changes to These Terms
We may update these Terms at any time. Changes will be communicated via email, in-app notice, or website posting. Continued use of the Platform constitutes acceptance of the updated Terms.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in [Insert Location] under the rules of the American Arbitration Association (AAA). You waive the right to class actions and jury trials.
15. Miscellaneous
Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement
No Waiver: Failure to enforce a provision is not a waiver
Severability: If one provision is unenforceable, the remainder remains in effect
Force Majeure: We are not liable for delays caused by events beyond our control
16. Contact Us
Digitino Emporium Marketing & Software
[email protected]