Terms

These Terms are a binding agreement between you and DesignSpark Studio LLC, an Ohio limited liability company (“DesignSpark”, “we” or “us”). DesignSpark runs AdSitter, the website at getadsitter.com and the AdSitter dashboard (together, the “Service”).

By creating an account, connecting an Apple Ads account, starting a plan or otherwise using AdSitter, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use AdSitter.

Section 19 says that most disputes are settled by individual arbitration, not in court, and that you give up class actions. You can opt out of it within 30 days.

1. What AdSitter does

• AdSitter is software with an AI agent that runs your Apple Ads for you. You give it your app, your website and a monthly limit.
• Once you connect your Apple Ads account, AdSitter reads your ad results. For the campaigns you let it manage, and only after you go live, it can create campaigns and ad groups, add and remove keywords and blocked searches, change bids and daily budgets, and pause or turn back on campaigns, ad groups and keywords.
• Watching mode. Until you go live, AdSitter only watches. It reads your results, works out what it would do, and shows you, but it changes nothing in Apple Ads. It can still email or text you alerts, for example when Apple stops showing your ads.
• Going live. AdSitter makes changes only after you go live, and going live needs an active plan (see Section 8). It never changes a campaign you told it to leave alone.
• AdSitter also writes notes that explain what it did and why, answers your questions in its chat, and suggests changes you can choose to apply.
• We may add, change or remove features. Some features are marked as early or not yet open. Those may change or be withdrawn, and may be less reliable than the rest of the Service.
• AdSitter is not made by, affiliated with, or endorsed by Apple (see Section 23).

2. Your monthly limit and your ad money

• You choose a monthly limit, from $50 up to $10,000 on the plans we sell today. It is the most AdSitter aims to let your Apple Ads account spend in a calendar month. That includes campaigns you told it to leave alone, because Apple spends that money too.
• AdSitter enforces the limit in its code, not by leaving it to the AI. It checks your spend during the day and cuts back before the month’s spend could pass the limit.
• Apple, not AdSitter, decides when your ads show and what each one costs. Apple can spend somewhat more than a daily budget on a given day, and its reports arrive with a delay. So your actual spend can briefly go over your limit before AdSitter can react. Changes you or anyone else make directly in Apple Ads can also push spend over it. We work to keep you under your limit, but we don’t promise that Apple will never charge more.
• Apple bills your ad spend directly, to the payment method in your Apple Ads account, under Apple’s own terms. AdSitter never receives, holds or pays your ad money. AdSitter only charges for its own plan.

3. No promise of results

We work to make your ads pay off, but we don’t promise any number of downloads, trials, subscribers, revenue, rankings, cost per download or return on your ad spend. Results depend on your app, your market, Apple and many other things outside our control. Ads can lose money. Any example or estimate we show is not a promise. You decide whether running ads makes sense for your business.

4. Who can use AdSitter, and your account

• AdSitter is a service for businesses and people running app businesses. You must be at least 18 years old and able to form a binding contract.
• If you use AdSitter for a company, you confirm that you are allowed to accept these Terms for it. “You” then means both you and that company.
• You sign in with Google or your email address. Keep your sign-in secure. You are responsible for everything done through your account. Tell us straight away at hello@designspark.studio if you think someone else has used it.
• Give us accurate details about yourself, your app and your website, and keep them up to date.
• Don’t share your account, sell it or let someone else use it.

5. Your Apple Ads account and your permission

• You need your own Apple Ads account with a payment method on file with Apple. That account, its campaigns and its billing belong to you, not to us.
• When you connect it through Apple’s own sign-in, you authorize DesignSpark, as your service provider under Apple’s terms, to access your Apple Ads account on your behalf. That lets us read your account’s data and, once you go live, make the changes described in Section 1 to the campaigns you let AdSitter manage, following your instructions and your limit.
• You confirm that you have the right to give us that access, for example because the account is yours, or you are an admin on it with its owner’s permission.
• This permission lasts until you disconnect Apple Ads in AdSitter, remove AdSitter’s access in Apple Ads, or your AdSitter account ends.
• You remain responsible for your Apple Ads account and its settings, for your app and its App Store page, for what your ads say and show, for your payment method and every charge Apple makes, and for following Apple’s Ads policies and terms and the law.
• Apple can reject ads, stop showing them, or limit or close accounts. Those are Apple’s decisions, and we aren’t responsible for them.
• If you change something yourself in Apple Ads, AdSitter notices and leaves it alone for a while instead of changing it back.
• AdSitter never uses age or gender targeting, because it stops Apple from reporting which ads led to downloads.

6. You stay in charge

• Pause. One tap on your Overview. AdSitter stops making changes and pauses the campaigns it runs. When you resume, it turns back on only what was running before.
• Disconnect. In Settings. AdSitter pauses the campaigns it was running, then stops reading and changing your account. Your campaigns stay in your Apple Ads account. To remove access fully, also remove AdSitter in Apple Ads.
• Choosing campaigns. You decide which campaigns AdSitter may manage, and you can change that in Settings at any time.
• When your plan ends while AdSitter is running your ads, AdSitter pauses the campaigns you let it manage so they don’t keep spending, and goes back to watching. Campaigns you told it to leave alone are not touched. They keep running in Apple Ads and Apple keeps billing you for them. If you choose a plan again, AdSitter turns back on the campaigns it paused. If AdSitter cannot pause them, for example because Apple Ads refuses the change, it tells you, and you should pause them in Apple Ads. A pause you make yourself is never undone by a payment.

7. AI features

• AdSitter uses AI models, currently from Anthropic, to judge your results, write its notes, answer your questions and suggest changes. AI can be wrong, incomplete or out of date. We build in checks, but mistakes are still possible, so read what it says with care.
• Fixed safety rules in AdSitter’s code, such as your limit and your choice of campaigns, always win over the AI and over anything you write in your notes or requests.
• Suggestions in the chat change nothing until you press Apply, or reply YES to a text that offers the change. A YES reply counts the same as pressing Apply.
• Notes, chat answers and suggestions are general information about your ads. They are not financial, investment, legal, tax or accounting advice. Talk to a qualified professional before relying on them for those decisions.
• We may limit how much you can use the AI features, for example how many questions you can ask in a day.

8. Plans, billing and cancelling

Plans and prices. AdSitter charges a flat monthly plan per app, priced by that app’s monthly limit. Every plan does the same things. Today’s plans are:

• Mini costs $29 a month per app, for a monthly limit up to $200.
• Starter costs $49 a month per app, for a monthly limit up to $500.
• Growth costs $99 a month per app, for a monthly limit up to $2,500.
• Scale costs $199 a month per app, for a monthly limit up to $10,000.
• For more than $10,000 a month, or many apps, email hello@designspark.studio.

Current prices are always on the pricing page, and the price shown when you check out is the one that applies. Your plan follows the app’s monthly limit, and you change plans by changing the limit in Settings. We show the price before anything changes.

• Raising the limit. If the new limit is more than your plan covers, your plan moves to the one that covers it, and Stripe charges the difference for the rest of that billing month right away. The new plan and limit apply only once that payment goes through.
• Lowering the limit. If a cheaper plan covers the lower limit, your plan moves down. The unused part of that month becomes a credit on your next bill, not a cash refund. A plan that covers more than your limit is never moved down on its own.
• During the free trial. A plan change charges nothing. It only changes the price the trial turns into.

• Billed monthly, in advance. Our payment processor, Stripe, charges your card at the start of each monthly billing period. We never see or store your full card number. By starting a plan you authorize these charges.
• Automatic renewal. Your plan renews every month at the then-current price until you cancel. By starting a plan you agree to the renewal terms shown at checkout.
• How to cancel. Open Billing in the AdSitter dashboard, which takes you to Stripe’s billing page, and cancel there. You can also email hello@designspark.studio. Cancelling stops the next renewal. You keep your plan until the end of the period you already paid for. After that, AdSitter pauses the campaigns it manages and goes back to watching (see Section 6).
• Refunds. Plan fees are not refundable, except where the law requires a refund. We don’t give cash refunds for part of a month or for time you didn’t use. Moving to a cheaper plan gives a credit on your next bill instead. If you think we charged you by mistake, email hello@designspark.studio within 30 days of the charge and we’ll look into it.
• Free trials. We may offer a free trial, for example for 7 days. To start one, you choose a plan and add a card. You are not charged during the trial, and AdSitter only watches your ads. When the trial ends, it turns into that paid plan automatically and we charge your card the plan’s price, unless you cancel before the trial ends. We email you a reminder before that first charge, with the date and the amount. You can cancel during the trial on the Billing page, and then you won’t be charged. There is one trial per person and one per Apple Ads account, and we may refuse a trial that looks like a repeat. If a trial ends without a paid plan, AdSitter goes back to watching and stops making changes (see Section 6). Any terms shown when you start a trial also apply.
• Promo codes. We may offer promo codes. Each works only as described when we give it, may expire, has no cash value, and can’t be combined with other offers unless we say so. We may cancel a code that is shared without our permission or used against these Terms.
• Price changes. We will email you at least 30 days before a new price applies to your plan. The new price applies from your first billing period after that notice. If you don’t want to pay it, cancel before then.
• Failed payments. If a payment fails, Stripe tries again over the following days and we email you. While a payment is overdue, AdSitter keeps running as normal. If it still fails after those tries, your plan ends. AdSitter pauses the campaigns it manages and goes back to watching (see Section 6).
• Chargebacks. If you dispute or reverse a payment that was properly charged, we may suspend your account and recover what you owe, including fees.
• Taxes. Prices don’t include taxes. You pay any sales tax, VAT or similar tax that applies to your plan, except taxes on our own income.
• Mistakes. If a price or plan is shown wrongly because of an error, we may correct it and cancel a purchase made at the wrong price.

9. Using AdSitter fairly

You agree not to:

• advertise anything illegal, misleading or harmful, or an app you don’t have the right to promote;
• break Apple’s Ads policies or terms, or help anyone else do so;
• connect an Apple Ads or RevenueCat account you aren’t allowed to use;
• copy, resell or reverse-engineer AdSitter, or use it to build a competing product, except where the law allows it despite this rule;
• scrape AdSitter, overload it, get around its limits or security, or try to reach anyone else’s data, including by trying to trick the AI assistant;
• upload viruses or other harmful code;
• make extra accounts to get more free trials or promo codes;
• harass or abuse our team; or
• use AdSitter against any law, from a country under U.S. embargo, or while you are on a U.S. government restricted-party list.

We may suspend an account that breaks these rules (see Section 15).

10. Other companies’ services

AdSitter works with services run by other companies, including Apple (Apple Ads and Sign in with Apple), RevenueCat, Stripe, Google sign-in, and Photon for text messages. Your use of them is governed by their own terms and privacy policies. We aren’t responsible for those services, for whether they are available, or for the accuracy of the data they send us. If one of them changes or ends the access we rely on, some AdSitter features may stop working. AdSitter only reads from RevenueCat, through a read-only key you create, and never changes anything there.

11. Text messages

• Text alerts are optional. You turn them on in Settings by entering your mobile number, agreeing to texts, and texting the code we show you to our number. Agreeing is not a condition of buying anything.
• We text you about your ads: for example when Apple stops showing them, billing problems in your Apple Ads account, changes AdSitter suggests, and replies to your texts. How often depends on what happens with your ads.
• Texts are sent by iMessage through our provider Photon, so your phone needs iMessage turned on. Your carrier’s message and data rates may apply.
• Reply STOP at any time to stop texts, START to turn them back on, and HELP for help. You can also turn texts off in Settings or email hello@designspark.studio.
• Texts can be late or not arrive, so important alerts also come by email. Tell us if you change or give up your number.

12. Emails and notices

You agree that we can send you notices, agreements and other messages electronically, and that these count as “in writing”. We send them by email to the address on your account or show them in the dashboard, so keep your email address current. Account, billing and alert emails are part of the Service. You can unsubscribe from marketing emails at any time with the link in each one. You can send us notices at hello@designspark.studio or by mail to the address in Section 24.

13. Your data and how we keep it confidential

• Your Apple Ads data, your RevenueCat data, your instructions and notes, and what you tell the assistant (“Your Data”) stay yours. You let us use Your Data only to run AdSitter for you, support you, keep the Service secure, and as our Privacy Policy describes.
• We treat your ad results, keywords, spend and revenue numbers as confidential. We don’t show them to other customers, publish them, or use your name or app in our marketing without your permission. We share them only with the providers listed in our Privacy Policy that help us run AdSitter, when the law requires it, or when you ask us to.
• We never sell Your Data, and we never use it to train AI models.
• Keys and sign-in tokens you give us, such as your RevenueCat key and your Apple Ads authorization, are stored encrypted.
• Apple Ads remains the official record of your campaigns and your ad spend. Keep your own copies of anything important.

14. Our property, and your feedback

AdSitter, including its software, design, text and the AdSitter name and logo, belongs to DesignSpark or its licensors and is protected by law. While you follow these Terms, we give you a limited, non-exclusive, non-transferable right to use AdSitter for your own apps and business. You get no other rights in it. If you send us ideas or feedback, we may use them freely, without owing you anything.

15. Ending your account

• You can stop using AdSitter at any time. Cancel your plan on the Billing page. To delete your account and your data, email hello@designspark.studio from the address you signed up with. Deleting your account disconnects Apple Ads and RevenueCat and stops texts.
• We may suspend or end your account if you break these Terms, don’t pay, put other people or the Service at risk, or if the law or Apple requires it. Where we reasonably can, we will tell you first and give you a chance to fix the problem.
• If we decide to stop offering AdSitter, we will give you at least 30 days’ notice by email and refund any plan fee you paid for time after the Service stops.
• If AdSitter is running your ads when your account ends, it pauses the campaigns you let it manage, then stops making changes. Campaigns you told it to leave alone are untouched. All your campaigns stay in your Apple Ads account, and any that are running keep spending under Apple’s billing until you pause them there.
• Sections 2, 3, 7, 8 (for amounts owed), 13, 14 and 16 to 22 still apply after your account ends.

16. Disclaimers

ADSITTER IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T PROMISE THAT ADSITTER WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ITS DECISIONS OR AI OUTPUT WILL BE CORRECT, THAT DATA FROM APPLE OR OTHER SERVICES WILL BE ACCURATE, OR THAT YOUR ADS WILL PERFORM WELL. SOME PLACES DON’T ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

17. Limits on our responsibility

TO THE FULLEST EXTENT THE LAW ALLOWS, DESIGNSPARK AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR LOST GOODWILL. THIS INCLUDES MONEY SPENT ON ADS, CHARGES APPLE MAKES (INCLUDING SPEND ABOVE YOUR LIMIT OR A DAILY BUDGET), AND ADS THAT DON’T PERFORM, EVEN IF WE WERE TOLD THESE LOSSES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT ADSITTER OR THESE TERMS WILL NOT BE MORE THAN THE GREATER OF (A) THE PLAN FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Nothing in these Terms limits liability for gross negligence, willful misconduct or fraud, or any other liability the law does not allow us to limit. To the extent the law allows, any claim about AdSitter or these Terms must be filed within one year after it arose, or it is permanently barred.

18. Your responsibility for claims against us

To the extent the law allows, you agree to defend and indemnify DesignSpark and its members, officers, employees and agents against claims, losses and costs (including reasonable legal fees) that come from your app, your ads and their content, your Apple Ads account, your breach of these Terms or Apple’s policies, or your breach of any law or anyone’s rights. We may take over the defense of such a claim at your expense, and you agree to help us. We will tell you about any such claim when we reasonably can. This doesn’t apply to the extent a claim comes from our own negligence, misconduct, breach of law or a defect in AdSitter.

19. Settling disputes: arbitration and no class actions

Please read this section carefully. It affects your legal rights. It applies to the fullest extent the law allows, and it doesn’t take away any consumer rights you have under the mandatory laws of the country you live in.

• Talk to us first. Before starting an arbitration, email hello@designspark.studio and give us at least 60 days to try to settle the dispute informally.
• Arbitration. If we can’t settle it, you and DesignSpark agree that any dispute about these Terms or AdSitter will be settled by final and binding individual arbitration, not in court, except as described below. The Federal Arbitration Act governs this agreement.
• How it works. The American Arbitration Association (AAA) runs the arbitration under its rules then in effect, available at adr.org. It takes place in Ohio, by phone or video, or on written submissions, as you choose where the rules allow. The arbitrator decides all issues, except that a court decides whether the class action waiver below can be enforced.
• No class actions and no jury. YOU AND DESIGNSPARK MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY AS AN INDIVIDUAL, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS. YOU AND DESIGNSPARK GIVE UP ANY RIGHT TO A JURY TRIAL. If this waiver can’t be enforced for a particular claim, that claim alone goes to court, and the rest of this section still applies.
• Exceptions. Either of us may bring a claim in small claims court if it qualifies. Either of us may ask a court to stop someone misusing intellectual property or accessing the Service without permission.
• 30 days to opt out. You can opt out of this section by emailing hello@designspark.studio, or writing to the address in Section 24, within 30 days of first accepting these Terms. Include your name, the email on your account, and a clear statement that you opt out of arbitration. Opting out doesn’t change the rest of these Terms.
• Many similar claims. If 25 or more similar arbitration demands are filed by or with the help of the same or coordinated lawyers, they will be handled in batches of no more than 50, with test cases chosen from each batch. The time limit for the waiting demands is paused until their batch starts. We will work with the AAA in good faith on fair fees for batched cases.
• If part of this section fails. If a court finds part of this section can’t be enforced (other than the class action waiver, covered above), the rest still applies.

20. The law that applies

These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws rules. Subject to Section 19, any dispute that isn’t arbitrated will be brought only in the state or federal courts located in Ohio, and you agree to their jurisdiction. This doesn’t take away mandatory protections you have under the laws of the country you live in.

21. Changes to these Terms

We may update these Terms. When we do, we will post the new version here with a new date at the top. For important changes, we will email you before they take effect. If you keep using AdSitter after a change takes effect, you accept the updated Terms. If you don’t agree, stop using AdSitter and cancel your plan. Changes don’t apply to a dispute that arose before them.

22. General

• These Terms and our Privacy Policy are the whole agreement between you and us about AdSitter. If we sign a separate written agreement with you, it wins where the two conflict.
• If we don’t enforce a right straight away, we don’t give it up.
• If a court finds part of these Terms can’t be enforced, the rest still applies.
• You may not transfer these Terms without our consent. We may transfer them, for example if our business is sold.
• We aren’t responsible for delays or failures caused by events outside our reasonable control, including outages at Apple or our providers.
• Nobody else has rights under these Terms.
• Headings are only for convenience, and these Terms won’t be read against us because we wrote them.
• We run AdSitter from the United States. If you use it from elsewhere, you are responsible for following your local laws.
• California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

23. Apple

Apple, Apple Ads and App Store are trademarks of Apple Inc. AdSitter is not made by, affiliated with, or endorsed by Apple. Apple is not a party to these Terms and is not responsible for AdSitter.

24. Contact us