Outperform AI

Terms of Service

Last updated: April 8, 2026

These Terms of Service (“Terms”) govern your access to and use of Outperform AI (the “Service”), operated by Outperform AI (“we,” “us,” or “our”), available at useoutperform.com. By using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1. Service Description

Outperform AI is an AI-powered co-pilot for performance marketers. The Service allows you to:

  • Connect your Google Ads and Meta Ads advertising accounts via OAuth.
  • View and analyze campaign performance data through a conversational AI interface.
  • Receive AI-generated insights, recommendations, and daily performance briefs.
  • Create, modify, and manage advertising campaigns through the AI co-pilot, subject to your explicit approval.
  • Set up automated alerts and monitoring for your advertising accounts.

The Service interacts with third-party advertising platforms (Google Ads and Meta Ads) on your behalf. The Service is not endorsed, certified, or otherwise approved by Google or Meta.

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 18 years of age and capable of entering into a binding legal agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Account Creation

You create an account by authenticating through Google OAuth. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately at mem0sethi@gmail.com if you suspect unauthorized access to your account.

2.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary. We reserve the right to suspend or terminate accounts that contain inaccurate or fraudulent information.

3. Advertising Account Access and Authorization

3.1 OAuth Authorization

To use the Service, you must authorize Outperform AI to access your Google Ads and/or Meta Ads accounts through OAuth. By granting this authorization, you:

  • Confirm that you have the authority to grant access to the advertising accounts you connect.
  • Understand that we will read campaign data, performance metrics, and account configurations from your connected accounts.
  • Understand that, with your explicit approval on each action, we may make modifications to your connected advertising accounts (e.g., creating campaigns, adjusting budgets, pausing ads).

3.2 Scope of Access

We request only the permissions necessary to provide the Service. You can review and revoke access at any time through your Google Account settings (for Google Ads) or your Meta Business Settings (for Meta Ads). Revoking access will prevent the Service from reading or modifying your advertising accounts.

3.3 Multiple Accounts

If you manage advertising accounts on behalf of clients or other organizations, you represent and warrant that you have obtained all necessary authorizations from those parties to connect their accounts to the Service.

4. AI-Generated Recommendations and Campaign Modifications

4.1 Nature of AI Recommendations

The Service uses artificial intelligence to analyze your advertising data and generate recommendations, insights, and suggested campaign modifications. These AI-generated outputs are informational tools to assist your decision-making. They are not guarantees of advertising performance, and they do not constitute professional advertising, financial, or legal advice.

4.2 User Approval Required

All campaign modifications require your explicit approval before execution. The Service operates on a plan-then-execute model:

  1. The AI co-pilot proposes a set of changes (a “plan”).
  2. You review a detailed summary of proposed changes, including affected campaigns, budgets, targeting, and ad content.
  3. You explicitly approve or reject the plan.
  4. Only approved changes are executed.

We will never modify your advertising accounts without your explicit approval.

4.3 Safety Guardrails

The Service includes built-in safety measures for your protection:

  • Campaigns are created in PAUSED state: All new campaigns created through the Service are set to PAUSED by default. You must manually enable them or explicitly instruct the Service to activate them.
  • No deletions: The Service will never delete campaigns, ad groups, ads, or other advertising assets. It will only pause them.
  • Budget safeguards: The Service will refuse to set daily budgets above your configured maximum without additional confirmation.
  • Full audit trail: Every modification made through the Service is logged with the complete request and response for your review.

4.4 Your Responsibility

You are solely responsible for reviewing and approving all changes before they are applied to your advertising accounts. You acknowledge that:

  • AI recommendations may be imperfect, incomplete, or unsuitable for your specific situation.
  • Advertising performance depends on many factors outside the Service’s control, including market conditions, competition, landing page quality, and product-market fit.
  • You should exercise your own professional judgment when approving any campaign modifications.
  • We are not liable for advertising costs, performance outcomes, or business losses resulting from changes you approve through the Service.

5. Data Ownership

5.1 Your Data

You retain full ownership of your advertising account data, conversation history, and all other data you provide to or generate through the Service (“Your Data”). We do not claim any ownership rights over Your Data.

5.2 License to Use Your Data

By using the Service, you grant us a limited, non-exclusive, revocable license to access, process, and store Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete your account or request data deletion.

5.3 Aggregated and Anonymized Data

We may create aggregated, anonymized data derived from Your Data that cannot be used to identify you or your advertising accounts. We may use such anonymized data for product improvement, research, and benchmarking purposes.

5.4 Data Export

You may request an export of Your Data at any time by contacting mem0sethi@gmail.com. We will provide your data in a structured, commonly used, machine-readable format (JSON or CSV) within 30 days.

6. Fees and Payment

The Service is currently available free of charge during our beta period. We reserve the right to introduce paid plans in the future. If we introduce fees, we will provide at least 30 days’ notice before any charges apply to your account, and you may terminate your account before fees take effect.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party rights.
  • Violate the advertising policies of Google Ads, Meta Ads, or any other connected platform.
  • Promote illegal products, services, or activities through advertising campaigns created with the Service.
  • Attempt to circumvent the Service’s safety guardrails, budget limits, or approval requirements.
  • Access or modify advertising accounts you do not have authorization to manage.
  • Reverse engineer, decompile, or disassemble the Service or its underlying technology.
  • Use automated scripts, bots, or scrapers to access the Service (other than through our documented API, if available).
  • Attempt to gain unauthorized access to the Service, other users’ accounts, or our infrastructure.
  • Interfere with or disrupt the Service or its servers and networks.
  • Resell, sublicense, or redistribute the Service without our written consent.

We reserve the right to suspend or terminate your account for violation of these acceptable use terms.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its software, design, features, documentation, and branding, is owned by Outperform AI and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except as needed to use the Service.

8.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, and incorporate that feedback into the Service without obligation to you.

9. Third-Party Services

The Service integrates with third-party services, including Google Ads, Meta Ads, and others. Your use of those services is governed by their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

Changes by Google, Meta, or other third-party platforms to their APIs, policies, or services may affect the functionality of the Service. We will use reasonable efforts to adapt to such changes but cannot guarantee uninterrupted compatibility.

10. Service Availability and Modifications

10.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control.

10.2 Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time. For significant changes that materially reduce the functionality of the Service, we will provide at least 30 days’ notice and allow you to export your data before the change takes effect.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, we do not warrant that:

  • The Service will meet your specific requirements or expectations.
  • AI-generated recommendations will be accurate, complete, or suitable for your circumstances.
  • The Service will result in any particular advertising performance, return on ad spend, or business outcome.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • Any data or metrics provided by the Service will be accurate, as they depend on data from third-party platforms that may have their own latency and accuracy limitations.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUTPERFORM AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

This limitation applies to, but is not limited to: advertising costs incurred as a result of campaign modifications you approved through the Service; lost revenue or reduced advertising performance; data loss or corruption; and service interruptions.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Outperform AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Service.
  • Campaign modifications you approved through the Service.
  • Your violation of these Terms.
  • Your violation of any applicable law or third-party rights.
  • Your connection of advertising accounts you were not authorized to manage.
  • Any content in your advertising campaigns (including ad copy, images, landing pages, and targeting) that infringes on third-party rights or violates advertising platform policies.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at mem0sethi@gmail.com or by using the account deletion feature in the Service (if available). Upon termination:

  • We will revoke all OAuth connections to your advertising accounts.
  • Your data will be deleted within 30 days, as described in our Privacy Policy.
  • Any pending or queued campaign modifications will be canceled and will not be executed.

14.2 Termination by Us

We may suspend or terminate your account at any time if:

  • You violate these Terms or our acceptable use policies.
  • We are required to do so by law or a governmental authority.
  • Your use of the Service poses a security risk to us or other users.
  • We discontinue the Service (with 30 days’ prior notice).

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including but not limited to sections on intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

14.4 Data After Termination

After termination, we will retain your data for 30 days to allow for account recovery. After 30 days, your personal data will be permanently deleted. Aggregated, anonymized data may be retained indefinitely.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Delhi, India, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, it shall be resolved through binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 (as amended).

15.3 Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for matters relating to intellectual property or unauthorized access.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a new “Last updated” date and by sending an email notification to the address associated with your account at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service and terminate your account.

17. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Outperform AI regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer these Terms or your rights under them without our written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or Internet or infrastructure failures.
  • Notices: We will send notices to the email address associated with your account. You should send notices to us at mem0sethi@gmail.com.

18. Contact Us

If you have any questions about these Terms, please contact us: