AD cube Platform Terms and Conditions

1. AD cube Platform Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of the platform and software services (the “Services”) provided by AD cube S.r.l., with registered office at Via Rosso di San Secondo 1, 20134 Milan (MI), Italy, VAT number IT12692890960 (“AD cube”).

By accessing or using the Services — including AD cube Core, AD cube MMM and CreativeDNA — the Customer confirms having read, understood and accepted these Terms.

Relationship with the Contract. These Terms supplement and complete the Conditions of Use (Condizioni di Utilizzo) and the Subscription Form (Annex A) signed between AD cube and the Customer. In the event of any conflict between these Terms and the executed contractual documents, the order of precedence set out in the Definitions section of the Conditions of Use shall apply.

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the software products and services (“Services”) provided by Ad Cube Srl, an Italian limited liability company with registered offices at Via Rosso di San Secondo 1/3, 20141 Milan (MI), Italy, VAT number IT12692890960 (“AD Cube”, “we”, “us”, or “our”).

By accessing or using the Services – including AD Cube Core, AD Cube MMM, and Creativity DNA – you (“Customer”, “you”, or “your”) confirm that you have read, understood, and 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, you must not access or use the Services.

2. Definitions

Unless otherwise specified, capitalised terms have the meaning given to them in the Conditions of Use of the AD cube Platform. For the purposes of these Terms, the following definitions also apply:

  • Platform: the domain https://app.adcube.ai and its subdomains, including the AD cube Core, AD cube MMM and CreativeDNA modules.
  • Authorized Users: the employees, contractors or consultants of the Customer expressly authorised to access the Platform.
  • Customer Data: all data, content and information submitted to the Platform by or on behalf of the Customer.
  • Outputs: insights, reports, MMM models, budget allocations, forecasts, recommendations and analyses generated by the Services from Customer Data.
  • Documentation: user manuals, technical guides and explanatory materials made available by AD cube.

3. Access to the Services

3.1 License grant
Subject to compliance with these Terms and the executed contractual documents, AD cube grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the Contractual Period, solely for the Customer’s internal business purposes.

3.2 Authorized Users
The Customer is responsible for compliance with these Terms by all of its Authorized Users and for any activity carried out through its account, and undertakes to notify AD cube without undue delay of any unauthorised access or suspected security incident of which it becomes aware.

3.4 Restrictions
The Customer undertakes not to:

  • copy, modify, decompile or reverse engineer the Platform or any of its components;
  • sublicense, resell or transfer access to the Services to third parties without the written consent of AD cube;
  • use the Services to develop a competing product or service;
  • circumvent security measures, access controls or usage limits;
  • use the Services in violation of applicable laws or regulations.

4. Accounts and credentials

The Customer is responsible for the safekeeping and confidentiality of access credentials and for all activities carried out through its account. Credentials are personal, confidential and non-transferable. The Customer undertakes to notify AD cube, without undue delay, of any unauthorised access to or misuse of its credentials.

5. Prohibited uses

The Customer undertakes not to use the Platform and the Services to:

  • upload, transmit or process unlawful or defamatory content, content that infringes third-party rights, or content otherwise in breach of applicable law;
  • compromise the integrity, security or stability of the Platform, including any attempts to intrude, gain unauthorised access or introduce malicious code;
  • automatically harvest data or content from the Platform via scraping, crawling or similar techniques, except with prior written authorisation;
  • infringe AD cube’s or third parties’ intellectual or industrial property rights;
  • conduct fraudulent or deceptive activities or activities harmful to other Users or third parties.

6. Customer Data and Data Processing

6.1 Ownership
The Customer retains all rights, title, and interest in and to its Customer Data. AD Cube does not claim ownership of Customer Data.

6.2 Limited processing licence
The Customer grants AD cube a limited, non-exclusive, royalty-free licence, valid for the duration of the contractual relationship, to host, process and use Customer Data solely to the extent necessary to provide the Services and in accordance with the Customer’s instructions.

6.3 GDPR and appointment as Processor
Where the Services involve the processing of personal data within the meaning of Regulation (EU) 2016/679 (“GDPR”) and applicable Italian law (Legislative Decree 196/2003, as amended), such processing is governed by an appointment of AD cube as Data Processor or, where requested by the Customer, by a separate Data Processing Agreement (DPA). The Privacy Policy is available at adcube.ai/privacy-policy.

6.4 Retention and deletion.
Upon termination of the contractual relationship, AD cube will retain Customer Data for a period of 30 days, during which the Customer may request its export. After such period, AD cube will delete Customer Data, save for any retention obligations imposed by law.

7. Information security

AD cube implements and maintains adequate technical and organisational measures, consistent with industry best practices and with GDPR requirements, designed to protect Customer Data against unauthorised access, loss, alteration or destruction. Such measures include, by way of example: encryption of data in transit, role-based access controls, environment segregation, security event logging and monitoring, and incident management processes.

In the event of a personal data breach, AD cube will notify the Customer without undue delay after becoming aware of it, providing the information necessary for the Customer to comply with applicable law.

8. Service availability and support

8.1 Operational continuity
AD cube undertakes to adopt adequate technical and organisational measures to ensure availability, reliability and operational continuity consistent with industry best practices for SaaS services of similar nature. The Customer acknowledges that, given the technological nature of the Platform, temporary interruptions or operational limitations may occur.

8.2 Maintenance
AD cube may perform scheduled maintenance, providing reasonable advance notice where possible. Extraordinary maintenance interventions may be performed without notice where necessary to ensure the security or integrity of the Service.

8.3 Support
AD cube provides email support at support@adcube.ai on business days during office hours. AD cube undertakes to respond to support requests within reasonable timeframes, depending on the criticality of the issue. Specific support modalities and service levels may be further defined in the Subscription Form or in separate agreements.

9. AI outputs and probabilistic nature

The Services incorporate artificial intelligence and machine learning components. The Outputs generated by the Services (including estimates, forecasts, budget allocations and recommendations) are probabilistic in nature and are based on data provided by the Customer, on statistical models and on methodological assumptions.

AD cube does not warrant the accuracy, completeness or suitability of Outputs with respect to specific economic or commercial results expected by the Customer. The Customer is solely responsible for business decisions taken on the basis of the Outputs, it being understood that AD cube warrants the proper performance of the Service in accordance with applicable professional standards and the executed contractual documents.

10. Intellectual property

10.1 AD cube IP
The Services, including all underlying technological components — software, algorithms, AI models, interfaces, Documentation, trademarks and distinctive signs — are and shall remain the exclusive property of AD cube and its licensors. Nothing in these Terms transfers any intellectual property rights in the Services to the Customer.

10.2 Outputs and Customer Data
Consistent with the Conditions of Use, the Outputs generated for the Customer in the context of the provision of the Services and the Customer Data remain at the full disposal of the Customer. AD cube may use such data and outputs solely for the purpose of providing the Service.

10.3 Feedback
Should the Customer provide suggestions, ideas or feedback regarding the Services, AD cube may freely use such contributions for product improvement purposes, without obligation of compensation or attribution, save for the confidentiality obligations set out in section 11.

11. Confidentiality

Each Party undertakes to keep confidential all Confidential Information received from the other Party and to use it solely for the purposes of the contractual relationship, as further detailed in the Conditions of Use.

The confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving Party; (b) was already lawfully known to the receiving Party at the time of disclosure; (c) was independently developed; (d) must be disclosed by law or by order of a competent authority, subject to reasonable prior notice to the disclosing Party where possible.

12. Warranties and disclaimers

AD cube warrants that the Services will be provided with professional diligence, in compliance with industry standards applicable to SaaS services of similar nature and with applicable law.

Save as expressly provided, and to the extent permitted by law, the Services are provided “as is” and “as available”. AD cube does not warrant that the Platform will be error-free or uninterrupted, nor that its use will enable the achievement of specific economic or commercial results expected by the Customer.

The warranty limitations do not apply in cases of wilful misconduct or gross negligence, breach of personal data protection obligations, breach of confidentiality obligations, or failure to adopt adequate security measures.

13. Limitation of liability

AD cube’s limitation of liability is governed by section 6.2 of the Conditions of Use, which is hereby incorporated by reference. It being understood that, to the maximum extent permitted by law, AD cube shall not be held liable for any indirect or consequential damages, including by way of example loss of profits, loss of business opportunities, loss of goodwill or data, save that direct damages actually suffered by the Customer remain compensable within the limits set out in the executed contractual documents.

14. Indemnification

The Customer undertakes to indemnify and hold harmless AD cube, its directors, employees and contractors from and against any claim, damage, loss, liability or expense (including reasonable legal fees) arising from: (a) the Customer’s use of the Services in breach of these Terms or of the executed contractual documents; (b) the infringement, by Customer Data, of intellectual property, privacy or other rights of third parties; (c) the Customer’s violation of applicable laws or regulations.

15. Service suspension

AD cube may suspend the Customer’s access to the Platform, upon reasoned communication and granting a reasonable period to remedy (save in cases of urgency), in the following cases:

  • material breach of these Terms or of the executed contractual documents by the Customer not remedied within 7 business days of formal notice;
  • use of the Platform in a manner that compromises its security, integrity or stability;
  • obligations imposed by competent authorities or by mandatory rules.

The suspension shall cease as soon as the cause that determined it ceases.

16. Modifications to the Services and Terms

16.1 Service modifications
AD cube reserves the right to modify, update or evolve the functionalities of the Services over time, provided that material changes that significantly reduce core functionalities will be notified to the Customer at least 30 days in advance.

16.2 Modifications to the Terms
AD cube may update these Terms periodically. Updated versions will be published at the same URL with the new effective date and will be communicated to the Customer at least 15 days in advance, including by email or in-Platform notification. Continued use of the Services after the effective date constitutes acceptance of the modifications. Should the Customer not accept the modifications, it may discontinue use of the Services in accordance with the executed contractual documents.

17. Force majeure

Neither Party shall be liable for delays or non-performance arising from circumstances beyond its reasonable control, including by way of example natural events, acts of public authorities, wars, acts of terrorism, strikes, network or third-party cloud infrastructure outages, or telecommunications service malfunctions.

18. General provisions

18.1 Governing law
These Terms are governed by Italian law.

18.2 Dispute resolution
Dispute resolution is governed by section 11 of the Conditions of Use (arbitration clause — Milan Chamber of Arbitration).

18.3 Assignment
The Customer may not assign its rights or obligations under these Terms without the prior written consent of AD cube. AD cube may assign these Terms in the context of mergers, acquisitions or business unit transfers.

18.4 Severability
The invalidity or unenforceability of one or more provisions of these Terms does not affect the validity of the remaining provisions, which shall continue to have effect.

18.5 Waiver
The failure or delay of a Party in exercising any right under these Terms shall not constitute a waiver of such right.

18.6 Notices
Notices to AD cube relating to these Terms must be sent, unless otherwise specified in the executed contractual documents, to management@adcube.ai. Notices to the Customer will be sent to the email address provided at registration or in the Subscription Form.

18.7 Entire agreement
These Terms, together with the Conditions of Use, the Subscription Form and any DPA or appointment as Data Processor, constitute the entire agreement between the Parties in relation to their subject matter. In case of conflict between the documents, the order of precedence set out in the Conditions of Use prevails.

19. Contact

AD cube S.r.l.

Via Rosso di San Secondo 1, 20134 Milan (MI), Italy

VAT: IT12692890960

Email: management@adcube.ai · info@adcube.ai

PEC: adcube@pec.it

Website: www.adcube.ai

Document effective from 27 April 2026. Version 1.0. Previous versions are available upon request by writing to management@adcube.ai.