Terms of Use

These Terms are a binding agreement between you and Combined Intelligence (Pty) Ltd ("AdBinge", "we", "us"). Please read them carefully. Clauses that limit our liability, place risk or responsibility on you, or require you to indemnify us are shown in bold, as South Africa's Consumer Protection Act requires.

1. About these terms

These Terms apply to the AdBinge apps, the website at adbinge.io and related services (the Service), together with our Community Guidelines, Privacy Policy and Cookie Policy. By creating an account or using the Service, you agree to them. If you use AdBinge for a business (for example as a brand or agency), you confirm that you are authorised to bind that business, and "you" includes the business. Nothing in these Terms removes rights you have under mandatory consumer law in your country (section 13).

2. Eligibility and accounts

• You must be at least 13, or the minimum age in your country if higher (for example 16 in some EU countries), to use AdBinge. In South Africa, users under 18 need a parent or guardian's consent. Brand accounts are for adults (18+) acting for a business.
• Give accurate information, keep your login secure, and tell us promptly about any unauthorised use. You are responsible for activity on your account that results from your failure to keep your login secure.
• One personal account per person. Accounts may not be sold or transferred.
• You may not use AdBinge if you are barred from doing so by law, including applicable sanctions.

3. The Service

AdBinge is a feed made entirely of ads that a human has reviewed and approved. Viewers can watch, like, save, rate and share ads and earn points. Brands and agencies can submit ads for review and see aggregated performance statistics. The Service is free for viewers. Brands can post for free during the launch period. If we introduce fees, we will give brands clear notice and the prices first, and fees will apply only once you accept them.

We may change, add or remove features. If a change materially reduces what you get, we will give reasonable notice where practicable.

4. How the feed works

Only ads approved by our reviewers appear in AdBinge. The feed is ordered using recency, category, award status and aggregate engagement, such as watch completion, likes, saves and shares. You can browse by category instead of using the main feed. Ad placement in the feed is not paid for [update if paid placement or promoted ads are introduced]. Every item on AdBinge is a commercial communication from the brand shown, and the brand is identified on each ad.

5. Points

• You earn points for activities shown in the app, for example watching most of an ad, liking or saving, sharing an ad with a friend, or inviting a friend who joins. Daily limits apply.
• Points have no cash value, are not money, e-money or a financial product, and cannot be sold, transferred or exchanged for cash. Any future rewards will have their own terms, and we will tell you about them before they apply.
• We may cancel points earned through fraud, bots, fake accounts, self-referrals or other abuse, and we may suspend accounts involved.
• We may change how points are earned or end the points programme. Where that is material, we will give reasonable notice in the app.

6. Brands and advertisers

If you submit an ad, you represent and warrant that:

• you own, or have licensed, all rights in the ad and everything in it (footage, music, voices, likenesses, trade marks, fonts and the like), for worldwide online use on AdBinge, including in shared links and previews;
• everyone identifiable in the ad has given any consent needed, including the consent of a parent or guardian for minors;
• the ad and its landing page comply with all laws and advertising codes that apply where the ad can be seen. Examples include South Africa's Advertising Regulatory Board Code and the Consumer Protection Act, the UK CAP Code, EU consumer law and the US FTC Act and Endorsement Guides;
• claims in the ad are truthful and can be substantiated, prices and offers are accurate, and any endorsements, sponsorships or AI-generated people are disclosed as required;
• ads for age-restricted products (such as alcohol or gambling) are labelled as such when you submit them, so we can restrict who sees them, and comply with the rules for those products;
• the ad contains no malware, tracking pixels or tracking parameters that collect personal information from AdBinge users without a lawful basis.

Approval by our reviewers is not legal clearance, and it does not move responsibility for the ad to us. Performance statistics and attention scores are estimates provided for information only. We do not guarantee any number of views, any level of engagement or any results.

7. Your content and our licence

You keep ownership of the ads and other content you submit (Your Content). You grant us a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers) licence to host, store, reproduce, transcode, resize and crop for different screens, create thumbnails and previews of, display, stream and distribute Your Content on and through the Service. This includes shared links, link previews, social cards and the AdBinge website. The licence also lets us show Your Content in promotion of AdBinge itself. You can opt out of that promotional use by telling us.

The licence ends when you remove the content or close your account. We may keep backup copies for a limited time, as well as copies needed for legal, moderation or record-keeping reasons, and copies that users have already shared may remain accessible for a short time.

Viewers may share ads only using the share tools in the Service. Downloading, re-uploading or commercially re-using ads is not allowed unless the brand permits it.

8. Acceptable use

You must not:

• break the law, infringe anyone's rights, or post content that breaks our Community Guidelines;
• game points or metrics with bots, scripts, fake accounts, click farms, self-referrals or paid engagement;
• scrape, copy or bulk-download the Service or its content, or use it to train AI models, without our written permission;
• interfere with or probe the Service's security, overload it, or get around rate limits or access controls;
• impersonate a person or a brand, or misrepresent your affiliation with one;
• harass or abuse others, or use AdBinge to send spam.

9. Reports, moderation and appeals

Reporting (notice and action)

Anyone can report an ad or account they believe is illegal or breaks our rules, in the app or by emailing info@combinedintelligence.ai. Include the link, explain why, give your name and email (unless the report concerns child sexual abuse material), and confirm that the report is made in good faith. We confirm receipt, review reports promptly, diligently and objectively, and tell you what we decided.

Our decisions and statement of reasons

We review every ad before it is published, and we may refuse, label, age-restrict, limit, remove or suspend content or accounts that break the law, these Terms or our Guidelines. When we do, we tell the affected user what we did and why. We cite the rule or law concerned, the facts relied on, and whether automated tools were involved, and we explain how to appeal. Where the EU Digital Services Act applies, we publish our statements of reasons as that Act requires [confirm DSA obligations and transparency-database submissions].

Appeals and out-of-court settlement

You can appeal a moderation decision, or our decision on your report, within six months by replying to our decision or emailing info@combinedintelligence.ai. Appeals are reviewed by a person who was not involved in the original decision. If you are in the EU, you can also use a certified out-of-court dispute settlement body. Nothing here stops you from going to court.

Repeat infringers

We may suspend or terminate accounts that repeatedly post infringing or illegal content, or that repeatedly submit manifestly unfounded reports.

10. Copyright notices

We respect intellectual property and respond to notices of alleged infringement under the US Digital Millennium Copyright Act (DMCA), section 77 of South Africa's Electronic Communications and Transactions Act (ECTA), and similar laws.

Takedown notice

Send a notice to our designated agent, [Designated copyright agent name, address and email (registered with the US Copyright Office)], that includes:

1. your physical or electronic signature, and your full name and contact details (address, phone and email);
2. identification of the copyright work (or other right) you say is infringed;
3. the AdBinge link(s) to the material you want removed;
4. a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law;
5. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorised to act for them.

Notices that knowingly misrepresent infringement may expose the sender to liability, for example under 17 U.S.C. §512(f) in the US and section 77(2) of ECTA in South Africa.

Counter-notice

If your content was removed and you believe that was a mistake or that you are authorised to use it, you can send a counter-notice to the same agent. It must include your signature, name, address, phone and email, identify the removed material and where it appeared, and state, under penalty of perjury, that you have a good-faith belief it was removed by mistake or misidentification. It must also include your consent to the jurisdiction of the appropriate courts, and that you will accept service from the person who sent the original notice. We forward valid counter-notices to that person, and may restore the material after 10 to 14 business days unless they tell us they have filed a court action.

Trade mark, privacy or other rights complaints can be sent to info@combinedintelligence.ai and are handled under section 9. [Confirm ISPA / industry representative body membership for ECTA safe-harbour purposes]

11. Our intellectual property

The AdBinge name, logo, apps, website and software belong to us or our licensors. We give you a personal, revocable, non-exclusive, non-transferable licence to use the Service for its intended purpose under these Terms. All other rights are reserved. If you send us feedback, we may use it without obligation to you.

12. Links and brand offers

Ads link to brands' own websites and offers. Those are provided by the brand, not by us, and the brand's own terms and privacy policy apply. We are not a party to any purchase you make from a brand, and we are not responsible for the brand's products, offers or websites. This does not affect any rights you have against the brand.

13. Your consumer rights

If you use AdBinge as a consumer, you keep all rights that the mandatory law of your country gives you. This includes South Africa's Consumer Protection Act and ECTA, the EU and UK consumer protection rules, and similar laws. Anything in these Terms that would limit those rights does not apply to the extent the law does not allow it. Where ECTA applies to you, we provide the supplier information it requires in section 22.

14. Disclaimers

To the extent permitted by law, the Service is provided "as is" and "as available", and we do not promise that it will be uninterrupted, error-free or always available. Ads are the brands' statements, not ours. We do not exclude any guarantee or warranty that cannot be excluded by law, including your rights under sections 54 to 56 of the Consumer Protection Act, where they apply.

15. Liability

To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, and our total liability to you for all claims relating to the Service is limited to [liability cap, e.g. R1,000 or the fees you paid us in the past 12 months, whichever is greater]. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for gross negligence or wilful misconduct, or for anything else that cannot be limited or excluded by law. For consumers in the EU or UK, we are responsible for foreseeable loss caused by our breach of these Terms or our failure to use reasonable care and skill.

16. Indemnity (business users)

If you use AdBinge as a brand, agency or other business, you will indemnify us against third-party claims, losses and reasonable legal costs arising from Your Content, your ads and landing pages, or your breach of these Terms or the law. This section does not apply to consumers.

17. Suspension and termination

You can stop using AdBinge and delete your account at any time in the app (Profile, then Delete account; see adbinge.io/delete-account). Deletion is permanent, and a brand's ads are removed with it. We may suspend or end your access, or remove content, if you seriously or repeatedly breach these Terms, if the law requires it, or to protect users or the Service. Where reasonable, we give advance notice and our reasons (section 9). If we close the Service entirely, we will give reasonable notice where practicable. Sections that by their nature should survive (for example licences already granted for shared content, liability, indemnity and disputes) continue after termination.

18. Governing law

These Terms are governed by the laws of [governing law, default: the Republic of South Africa]. If you are a consumer, you also benefit from the mandatory protections of the law of the country where you live, and nothing in these Terms takes those away. Consumers in the EU and UK can bring claims in the courts of their home country.

19. Disputes

1. Talk to us first. Email info@combinedintelligence.ai with a description of the dispute. We will try to resolve it in good faith within 30 days.
2. Consumers may then approach a competent court, an ombud or another forum available under their local law. For example, in South Africa this includes the Consumer Goods and Services Ombud, the National Consumer Commission and the small claims court. We will not require consumers to use arbitration.
3. Business users agree that disputes not resolved under step 1 will be finally resolved by arbitration under [arbitration rules and seat, e.g. AFSA rules, Johannesburg] in English, or in the courts of [jurisdiction, e.g. Gauteng, South Africa]. Either party may seek urgent interim relief from a competent court.

20. Changes

We may update these Terms, for example to reflect new features or legal requirements. We will post the new version here with a new version date and, for material changes, notify you in the app or by email at least [30 days] before they take effect, unless a change is legally required sooner. If you don't agree, you can close your account before the change takes effect.

21. General

These Terms, together with the policies they refer to, are the whole agreement between us about the Service. If any part is unenforceable, the rest remains in force. If we don't enforce a right immediately, we have not waived it. We may transfer our rights and obligations to a successor that will protect your rights at least as well, and we will tell you if we do. You may not transfer yours without our consent. We are not responsible for delays caused by events beyond our reasonable control. These Terms are written in English. Any translation is for convenience only.

22. Who we are and contact