Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the CMO Suite platform and related services operated by CMO Theory Inc. (“CMO Theory”, “we”, “us”, or “our”). By creating an account, accessing CMO Suite, or clicking “I agree,” you agree to be bound by these Terms.

If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree, do not use CMO Suite.

2. Description of Service

CMO Suite is a software-as-a-service platform that helps performance marketers generate AI-assisted ad creative and publish it to advertising platforms. Key capabilities include brand kit management, customer avatar definition, creative angle frameworks, AI image generation (via Anthropic and Google), text overlay rendering, and Meta Ads publishing via the Meta Marketing API.

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

3. Account Registration and Workspaces

• You must provide accurate, current, and complete registration information and keep it up to date.
• You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
• Each workspace is a separate tenant. You may not access or attempt to access another user’s workspace.
• You must be at least 18 years old to use CMO Suite. By registering you represent that you meet this requirement.
• Notify us immediately at hello@cmotheory.com if you suspect unauthorized access to your account.

4. Acceptable Use

You agree not to use CMO Suite to:

• Generate, store, or publish content that is illegal, fraudulent, deceptive, defamatory, obscene, or that infringes any third-party intellectual property rights.
• Violate Meta’s Advertising Policies, Community Standards, or any other platform policies applicable to advertising platforms you connect.
• Circumvent, disable, or interfere with security-related features of CMO Suite or attempt to gain unauthorized access to any part of our infrastructure.
• Use the Service to transmit malware, spam, or unsolicited communications.
• Reverse engineer, decompile, or attempt to extract the source code of CMO Suite.
• Resell or sublicense access to CMO Suite without our written permission.

We reserve the right to suspend or terminate accounts that violate these prohibitions without prior notice.

5. AI-Generated Content — Your Responsibility

• CMO Suite does not guarantee that AI-generated images or copy are accurate, original, non-infringing, brand-safe, or compliant with any advertising platform’s policies.
• You assume full responsibility for all content generated through your account, including content you modify or publish downstream.
• You must not publish AI-generated content that makes false factual claims, contains testimonials that are fabricated, or violates applicable consumer protection laws or advertising regulations (including FTC guidelines).
• CMO Theory is not liable for any third-party claims, platform policy violations, fines, or regulatory actions arising from content you generate or publish.
• You retain ownership of the output generated using your inputs, subject to the terms of the underlying AI model providers (Anthropic and Google).

6. Meta Ads Integration — Authorization and Disclaimer

6.1 Authorization

When you connect a Meta Ads account via OAuth, you authorize CMO Theory to act as your agent to: upload creative assets, create ad objects, and attach them to campaigns and ad sets you select. You may revoke this authorization at any time from Meta Business Settings or from the CMO Suite Settings page.

6.2 Your Responsibilities

• You are solely responsible for ensuring that all creatives published through CMO Suite comply with Meta’s Advertising Policies, Terms of Service, Community Standards, and all applicable laws and regulations in the jurisdictions where your ads run.
• You are solely responsible for reviewing creatives before publishing. CMO Suite does not review, pre-screen, or approve creatives for Meta policy compliance prior to submission.
• You are solely responsible for any ad spend incurred on your Meta Ads account as a result of ads published through CMO Suite. CMO Suite does not have access to, and is not responsible for, your Meta Ads billing or budget settings.
• You must hold all necessary rights, licenses, and permissions for any product images, logos, trademarks, or other third-party content included in creatives you publish.

6.3 Disclaimers Specific to Meta Publishing

• CMO Theory is not liable for ad account suspension, restriction, or termination by Meta Platforms, Inc., regardless of cause, including but not limited to policy violations by content published through CMO Suite.
• CMO Theory is not liable for the rejection, disapproval, or under-delivery of any ad by Meta.
• CMO Theory makes no representations or warranties regarding ad performance, return on ad spend (ROAS), conversion rates, or any other campaign metric.
• CMO Theory is not affiliated with, endorsed by, or a partner of Meta Platforms, Inc. The Meta Ads integration is provided as a convenience feature using Meta’s publicly available Marketing API.
• CMO Theory is not responsible for any disruption to the Meta Ads integration arising from changes Meta makes to its API, policies, or OAuth system.

6.4 Indemnification for Meta Publishing

You agree to defend, indemnify, and hold CMO Theory, its officers, directors, employees, and agents harmless from any claims, damages, fines, penalties, or expenses (including reasonable attorney’s fees) arising from: (a) ads published to your Meta account through CMO Suite; (b) your violation of Meta’s policies; or (c) your violation of applicable advertising laws or regulations.

7. Billing and Payment

• Paid plans are billed in advance on a monthly basis via Stripe. You authorize us to charge your payment method on a recurring basis.
• Plan limits (image generations, renders, products, avatars) reset at the start of each billing cycle. Unused quota does not roll over.
• You may upgrade, downgrade, or cancel your subscription at any time from the Settings page. Downgrades and cancellations take effect at the end of the current billing period. We do not issue prorated refunds for partial periods except as required by applicable law.
• If a payment fails, we will attempt to retry. If payment cannot be collected within 7 days your account may be downgraded to the Free tier.
• Prices are in USD and are subject to change with 30 days’ notice.

8. Intellectual Property

CMO Suite, including its underlying technology, design, and branding, is owned by CMO Theory Inc. and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

You retain ownership of all content you upload to CMO Suite (product images, brand assets, copy). You grant CMO Theory a limited license to store, process, and transmit your content solely to provide the Service. We do not claim ownership of your content and do not use it to train AI models.

9. Disclaimers of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED, ERROR-FREE OPERATION. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR FIT FOR ANY PARTICULAR PURPOSE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CMO THEORY INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST AD SPEND, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF CMO SUITE OR FROM CONTENT PUBLISHED TO ANY ADVERTISING PLATFORM THROUGH CMO SUITE.

IN NO EVENT SHALL CMO THEORY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CMO THEORY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

11. Indemnification

You agree to indemnify and hold harmless CMO Theory Inc. and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) your use of CMO Suite in violation of these Terms; (b) content you generate, modify, or publish through CMO Suite; (c) your violation of any third-party platform’s terms of service or advertising policies; or (d) your violation of any applicable law.

12. Termination

You may terminate your account at any time from the Settings page. We may suspend or terminate your access immediately, without notice, if you breach these Terms or engage in conduct that we determine in our sole discretion is harmful to the Service, other users, or third parties.

Upon termination, your right to use CMO Suite ceases. We will delete your workspace data within 30 days unless retention is required by law.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may revise these Terms at any time. We will provide at least 14 days’ notice of material changes via email or an in-app notice. Continued use of CMO Suite after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms should be directed to: