1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services provided by Setter AI ("we," "us," or "our"), including the website getsetter.ai and all related AI-powered services for lead reactivation, sales automation, and advertising campaign management across WhatsApp and Meta platforms (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Setter AI provides a managed, done-for-you AI-powered lead reactivation and sales automation service that:

• Deploys AI chatbots via WhatsApp Business API to reactivate dormant CRM leads and convert them into booked sales calls

• Manages Meta Ads campaigns, including Facebook and Instagram Lead Ads, for lead generation and retargeting

• Sets up and manages WhatsApp Business API infrastructure, including Meta Business Manager configuration, phone number verification, and template approval

• Integrates Meta Lead Ads with automated WhatsApp follow-up sequences and AI-driven qualification

• Manages Custom Audiences, Lookalike Audiences, and conversion tracking via Meta Pixel and Conversions API

• Handles ongoing campaign management, A/B testing, optimization, and performance reporting across all channels

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3. Client Obligations

3.1 Account and Data Responsibility

As a client, you are responsible for:

• Providing accurate and complete business information for WhatsApp Business API and Meta Business Manager registration

• Granting Setter AI appropriate access to your Meta Business Manager, ad accounts, Facebook Pages, and Instagram accounts as required for service delivery

• Ensuring that all leads — whether from your CRM, Meta Lead Ads, or other sources — have been collected lawfully and that you have an appropriate legal basis to contact them

• Maintaining compliance with all applicable data protection laws, including GDPR, when providing lead data or running advertising campaigns

• Ensuring Meta Lead Ad forms include proper privacy disclosures and, where required, consent mechanisms

• Keeping your account credentials confidential across all platforms

3.2 Acceptable Use

You agree not to use the Service to:

• Send unsolicited messages (spam) or contact individuals who have not had a prior business relationship with you or who have not submitted their information through a lead form

• Run ads or send messages containing content that is unlawful, misleading, threatening, abusive, defamatory, or otherwise objectionable

• Violate WhatsApp's Business Policy, Meta's Advertising Standards, Commerce Policy, or any other applicable Meta platform terms

• Create misleading ads, use deceptive targeting practices, or misrepresent products or services in ad creatives

• Engage in any activity that could damage, disable, or impair the Service or our clients' Meta accounts

• Misrepresent the nature of AI-generated messages or impersonate individuals

• Use the Service for any purpose that violates applicable laws or regulations

4. Platform Compliance

4.1 WhatsApp Business API

Our Service operates through the WhatsApp Business API. Both you and Setter AI must comply with Meta's WhatsApp Business Messaging Policy and WhatsApp Commerce Policy. You acknowledge that:

• Message template approval is subject to Meta's review and may be rejected or revoked

• WhatsApp may restrict or suspend Business API access for policy violations

• Leads may opt out of communications at any time, and opt-out requests must be honored immediately

4.2 Meta Advertising Platforms

Where the Service includes Meta Ads management, both you and Setter AI must comply with Meta's Advertising Standards, Business Tools Terms, Lead Ads Terms, and Custom Audience Terms. You acknowledge that:

• Ad account approval, ad creative review, and audience availability are subject to Meta's policies and may change without notice

• Meta may reject, pause, or disable ads, ad accounts, or Business Manager assets for policy violations

• Advertising costs for Meta Ads are your responsibility and are separate from Setter AI service fees, unless otherwise specified in your service agreement

• Campaign performance depends on factors outside our control, including Meta's ad auction, algorithm changes, audience behavior, and market conditions

4.3 Platform Changes

We are not liable for service interruptions, performance changes, or feature deprecations caused by WhatsApp, Meta, or any other third-party platform. We will use commercially reasonable efforts to adapt the Service to material platform changes and will notify you of any significant impact on service delivery.

5. Intellectual Property

5.1 Our IP

All intellectual property in the Service, including AI models, prompt engineering, campaign strategies, audience strategies, ad creative frameworks, software, and documentation, remains the exclusive property of Setter AI. Nothing in these Terms grants you any right, title, or interest in our intellectual property beyond the limited right to use the Service.

5.2 Client Content

You retain ownership of any content, data, or materials you provide to us ("Client Content"), including ad creatives, brand assets, lead lists, and CRM data. You grant us a limited, non-exclusive license to use Client Content solely for the purpose of providing the Service, including training AI models on your brand voice, creating campaign-specific content, and running advertising campaigns on your behalf.

5.3 Ad Creatives

Unless otherwise agreed in writing, ad creatives developed by Setter AI as part of the Service are owned by Setter AI and licensed to you for the duration of the service agreement. You may continue to use ad creatives created during the engagement after termination, provided all outstanding fees have been paid.

6. Fees and Payment

Fees for the Service are as specified in your individual service agreement or order form. Unless otherwise agreed:

• Service fees are quoted in Euros (€) and exclusive of applicable VAT

• Advertising spend (Meta Ads budget) is separate from service fees and is charged directly by Meta to your ad account, unless a different arrangement is specified

• Invoices are due within 14 days of issuance

• Late payments accrue interest at the statutory rate under § 288 BGB (German Civil Code)

• We reserve the right to suspend the Service, including pausing ad campaigns, for overdue payments after providing 7 days' written notice

7. Confidentiality

Both parties agree to keep confidential any proprietary or non-public information received from the other party, including campaign performance data, ad account details, audience insights, and business strategies. This obligation does not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law.

Confidentiality obligations survive termination of these Terms for a period of two (2) years.

8. Data Protection

Our collection and use of personal data is governed by our Privacy Policy, available at getsetter.ai/privacy. Where we process personal data on your behalf — whether through WhatsApp campaigns, Meta Lead Ads, or other channels — we will enter into a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR. Both parties agree to comply with all applicable data protection laws, including requirements specific to Meta's Business Tools and Custom Audience Terms.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• The Service will be provided with reasonable skill and care

• We will use commercially reasonable efforts to maintain Service availability and campaign performance

• We will comply with applicable data protection laws and platform policies in providing the Service

9.2 Disclaimers

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of merchantability or fitness for a particular purpose

• We do not guarantee specific results, conversion rates, cost-per-lead, return on ad spend (ROAS), or revenue outcomes from campaigns

• We do not warrant uninterrupted or error-free operation of the Service, Meta Ads platforms, or WhatsApp Business API

• AI-generated responses may contain inaccuracies; we are not liable for the content of automated messages beyond implementing reasonable safeguards

• Ad performance metrics provided by Meta (impressions, clicks, conversions) are controlled by Meta and we do not guarantee their accuracy

10. Limitation of Liability

To the maximum extent permitted by German law:

• Our total aggregate liability under or in connection with these Terms shall not exceed the total service fees (excluding advertising spend) paid by you in the twelve (12) months preceding the claim

• We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or advertising spend

• We are not liable for any losses arising from Meta ad account suspensions, policy enforcement actions, or platform changes beyond our reasonable control

• This limitation does not apply to liability for intentional misconduct (Vorsatz), gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, or mandatory statutory liability

11. Term and Termination

11.1 Term

These Terms take effect when you first access or use the Service and remain in effect for the duration specified in your service agreement. If no duration is specified, these Terms continue on a month-to-month basis.

11.2 Termination

Either party may terminate these Terms:

• For convenience with 30 days' written notice

• Immediately for material breach that remains uncured for 14 days after written notice

• Immediately if the other party becomes insolvent or enters insolvency proceedings

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be deactivated

• Active ad campaigns will be paused; ongoing management of your Meta Ads account will cease

• Setter AI's access to your Meta Business Manager, ad accounts, and WhatsApp Business API will be revoked by you

• We will delete or return your data within 30 days, unless retention is required by law

• Outstanding fees for services rendered remain due and payable

• Sections on Confidentiality, Intellectual Property, Limitation of Liability, and Governing Law survive termination

12. Indemnification

You agree to indemnify and hold harmless Setter AI from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: your breach of these Terms; your violation of applicable law or Meta platform policies; your provision of lead data without appropriate legal basis; or ad content you provide or approve that infringes third-party rights.

13. Force Majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party platforms (including WhatsApp, Meta, Facebook, and Instagram). The affected party must notify the other promptly and use reasonable efforts to mitigate the impact.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany, unless mandatory consumer protection laws require otherwise.

15. Miscellaneous

Entire Agreement: These Terms, together with any applicable service agreement, DPA, and Privacy Policy, constitute the entire agreement between the parties.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor entity.

Amendments: We may amend these Terms by providing written notice at least 30 days in advance. Continued use of the Service after the amendment takes effect constitutes acceptance.

No Waiver: Failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16. Contact Us

For questions about these Terms:

Email: support@getsetter.ai
Website: https://getsetter.ai