Terms of Service

In these Terms: “Fleet”, “we”, “us”, and “our” refer to Custom Analytics Pty Ltd (ABN 36 667 510 867), trading as Fleet. “You” and “User” refer to the individual using the Service. “Company” means the organisation (tenant) under which campaigns and billing are managed. “Campaign” means a media campaign workspace created in the Service. “Implementation Services” means the work Fleet performs to set up and launch a Campaign on advertising platforms on your behalf, using Fleet-provisioned ad accounts. “Media Spend” means the portion of Campaign Billing intended for placement of advertising inventory with third-party publishers or platforms. “Management Fee” means Fleet's fee for Implementation Services and ongoing campaign management, shown separately from Media Spend. “Processing Fee” means payment-processing charges (e.g. Stripe) shown separately at checkout. “Campaign Billing” means the combined Media Spend, Management Fee, and Processing Fee charged to launch or operate a Campaign, as displayed in the Launch flow.

You must be at least 18 years old and have authority to enter into these Terms. If you register on behalf of a Company, you represent that you have authority to bind that Company. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at contact@fltads.com if you suspect unauthorised access.

Fleet is a software platform and Fleet performs Implementation Services: our team sets up, configures, and launches your Campaigns on advertising platforms (such as Meta, Google, and LinkedIn) using Fleet-provisioned, Fleet-owned ad accounts. Fleet plans, documents, and manages media campaigns using conversational AI and workflow tools, combined with human review and execution.

Before any Campaign spends money, both you (the Company) and Fleet must approve the Campaign and its budget in the Service (dual approval). Fleet targets getting your Campaign live within 24–48 hours after launch confirmation and receipt of all required inputs (creatives, budget, targeting, and account access). This is a delivery target based on reasonable efforts, not a warranty of uninterrupted availability or of any particular advertising outcome. Fleet does not guarantee performance, return on investment, or any specific result from advertising spend.

• AI outputs (strategies, copy, creatives, schedules) are generated automatically and may be inaccurate, incomplete, or unsuitable for your purposes. You are solely responsible for reviewing and approving any output before it is used in a live Campaign.
• Features, limits, and availability may change. We may modify, suspend, or discontinue parts of the Service with reasonable notice where practicable.
• The Service may integrate with third-party products (e.g. payment processors, ad platforms). Your use of those products is subject to their terms.

Users belong to one or more Companies via membership roles (e.g. Owner, Member). Company Owners may invite members, manage billing context, and control certain Company settings. Actions taken by any authorised User of a Company may bind that Company. Company names and certain settings may be irreversible once set; choose them carefully.

You agree not to:

• use the Service unlawfully or in violation of applicable advertising, privacy, or consumer laws;
• upload or generate content that is defamatory, infringing, misleading, or harmful;
• attempt to bypass security, access controls, or billing mechanisms;
• reverse engineer, scrape, or overload the Service except as permitted by law;
• use the Service to send spam or unauthorised marketing;
• misrepresent your identity, Company, or authority to launch campaigns or incur charges.

AI use restrictions

You must not use the AI features to:

• generate content that impersonates a real person or depicts identifiable individuals without their consent;
• create deceptive synthetic media, fake endorsements, or undisclosed AI testimonials;
• target or exclude audiences using protected attributes in breach of platform or legal rules, or advertise prohibited or heavily regulated products unlawfully;
• produce unlawful, infringing, deceptive or harmful content, or content that breaches an AI provider's or advertising platform's policies; or
• extract, copy or use outputs to develop, train or improve a competing AI model or service.

Advertising-platform compliance

You are responsible for ensuring that your campaigns, targeting, creatives and claims comply with the policies and terms of each advertising platform (including Meta, Google and LinkedIn) and with all applicable advertising, consumer-protection, privacy and industry-specific laws — including prohibited or heavily regulated product categories, which mirror the advertising platforms' own restrictions — and the truthfulness and substantiation of all claims in your ads, and holding all necessary rights and consents (including in any uploaded brand assets, talent likenesses, or music). Fleet is not liable for ad disapprovals, account suspensions, delivery issues, or penalties imposed by any advertising platform; unused Media Spend remains refundable per the refund section below, but Management Fees and Processing Fees already incurred are not refunded on account of a disapproval or suspension.

There is no separate platform subscription or credit-pack plan for using Fleet. When you launch a Campaign through the Launch / Implementation flow, you authorise charges according to the payment schedule and totals displayed in the Service at the time of confirmation. Media Spend is shown at 100% of advertising inventory value — it is not reduced by fees — with the Management Fee and Processing Fee itemised separately.

Payment methods

Campaign Billing is processed by Stripe. Card and payment details are collected and stored by Stripe; Fleet does not store your full card number. By launching a Campaign, you authorise us and Stripe to charge your selected payment method in accordance with the schedule you approve.

Advance billing

Campaign Billing is charged a month in advance. For monthly billing, each charge covers the upcoming month's media period, not the month that has just passed.

• Deferred start: if your Campaign start date is in the future, your payment method is collected and saved today, but the first charge falls in the month your Campaign starts — not the day you complete setup — as displayed in the Service.
• Pay in full: a one-time charge for the total Campaign amount shown at checkout. The Media Spend portion of a pay-in-full charge is retained by Fleet and held until deployed against your Campaign's advertising inventory; it does not entitle you to interest or other returns while held.
• Failed payments: if a scheduled charge fails or is declined, we may pause the Campaign and its delivery until payment is resolved. We will notify you through the platform and/or email. Retry timing for failed charges follows our payment processor's standard retry schedule (subject to change as we finalise this with our processor).
• Pausing: if you pause a Campaign, associated billing may pause as described in the product. No Media Spend is deployed while the Campaign is paused.

Quotes, currency, and adjustments

Amounts on the Launch page are calculated from your brief, dates, and billing currency. You must confirm the billing currency before launch where required. If you return on a later date, totals may change (e.g. when the Campaign start date has passed and dates are adjusted). The schedule and totals shown immediately before you complete Stripe checkout are the ones that govern that transaction.

What is refundable

If you pause or stop a Campaign, or it is disapproved or suspended by an advertising platform, before its Media Spend has been fully deployed, we will refund the portion of your Media Spend that has not yet been spent or committed with the relevant advertising publisher or platform. The publisher's invoice or platform spend record is the source of truth for how much Media Spend was actually deployed. The same policy applies to budget increases and Campaign extensions.

What is non-refundable

The Management Fee and Processing Fee are non-refundable once charged, regardless of whether the Campaign is paused, stopped, disapproved, or never launched. If a Campaign is never launched, you receive a full refund of Media Spend only; fees already charged are still non-refundable.

How to request a refund

To pause, stop, or request a refund, contact contact@fltads.com. Approved refunds are processed to your original payment method, typically via Stripe. Except for the unused-Media-Spend refund described above, Campaign Billing is otherwise non-refundable once charged, and no cooling-off period applies unless we expressly offer one — in each case except where the Australian Consumer Law or other non-excludable law requires a remedy.

If you dispute a charge, you must contact contact@fltads.com within 14 days before initiating a chargeback or bank dispute, so we can investigate and resolve it directly. If you initiate a chargeback or payment reversal for a charge that is validly owed without first raising it with us, we may (a) suspend your account, Companies and active campaigns, (b) recover the disputed amount plus any chargeback or bank fees and reasonable recovery costs, and (c) treat it as a breach of these Terms. Media Spend already committed or deployed with a publisher on your behalf is not recoverable via chargeback.

Amounts are billed by Custom Analytics Pty Ltd (ABN 36 667 510 867), trading as Fleet. Unless stated otherwise, amounts are exclusive of GST. If GST applies to a supply under these Terms, you must pay the GST-inclusive amount, and we will provide a tax invoice where we are able to issue one; where Stripe collects tax, the receipt or invoice it issues serves this purpose. You are responsible for any other taxes, duties or withholdings that apply to your use of the Service. If you believe a charge is incorrect, contact contact@fltads.com within 14 days with your Company name, campaign ID, and Stripe receipt.

Fleet does not currently operate a recurring platform subscription. Campaign Billing amounts are fixed at the totals you approve at checkout for that Campaign and will not change for that Campaign after checkout. If we introduce or change pricing for any future product or service, we will provide reasonable notice (via email or in-product) before it applies to you.

Fleet and its licensors retain all rights in the Service, software, branding, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes.

You retain ownership of content you upload, and you warrant that you hold all rights necessary to upload and use it (including any third-party brands, talent likenesses, or music). You grant Fleet a worldwide licence to host, process, and display that content as needed to operate the Service and provide Implementation Services, including submitting it to AI providers for generation features you request.

AI outputs. As between you and Fleet, and subject to your payment of applicable fees, your compliance with these Terms, and the terms of the underlying AI providers, you own the outputs generated for you through the Service for your business use. You acknowledge that outputs may not be unique, that similar outputs may be produced for other users, and that Fleet does not warrant that outputs are non-infringing or fit for any particular purpose. You are responsible for reviewing outputs before publication or spend.

Model training and improvement. Fleet uses your Campaign data, prompts, creatives, and results in two ways. First, to improve Fleet's recommendations and effectiveness for your same Company — this stays within your own Company's context and is not shared with other clients. Second, aggregated and de-identified Campaign results may be used to train or update Fleet's base strategy models, using only your industry and product type — never your Company name, your name, or other identifying information. We submit your content to third-party AI providers (OpenAI, Google AI, Anthropic) only to perform the generation you request, under those providers' terms; our own base-model learning described above is separate from, and does not depend on, whatever training policies those providers apply. Our Privacy Policy describes this further.

The AI features rely on third-party providers (including OpenAI, Google AI and Anthropic), and published advertising relies on advertising platforms (including Meta, Google and LinkedIn). Your use of those features is also subject to those providers' usage policies and terms, including their prohibited-use and content restrictions, as updated from time to time. You must not use the features to generate or publish content prohibited by those policies or by these Terms, and we may pass through, enforce, or be required to act on those providers' requirements.

Our collection and use of personal information is described in our Privacy Policy. You must provide accurate information and comply with applicable privacy laws when uploading customer data or using generated campaigns that reference individuals.

We maintain reasonable technical and organisational measures appropriate to the nature of the data, as described in our Privacy Policy. Where you upload personal information about your own customers or contacts, you act as the controlling entity for that information and are responsible for having a lawful basis and any required consents; Fleet processes it on your instructions to provide the Service. A data processing addendum is available on request — contact contact@fltads.com.

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and will not disclose it except to personnel and contractors who need to know, or as required by law. This obligation does not apply to information that is public, independently developed, or rightfully received without restriction.

We aim to make the Service available on a reasonable-efforts basis but do not guarantee any specific uptime. We may perform scheduled maintenance (using reasonable efforts to give advance notice) and emergency maintenance without notice. The Service may be unavailable due to factors outside our control, including third-party provider outages. We are not liable for unavailability, except as required by the Australian Consumer Law.

Beta features. We may offer features identified as beta, preview, early-access or experimental. These are provided “as is”, may be changed or withdrawn at any time, may not be covered by any availability or support commitments, and are excluded from warranties to the maximum extent permitted by law (without limiting non-excludable Australian Consumer Law guarantees). You use them at your own risk.

Feedback. If you provide suggestions, ideas or feedback about the Service, you grant Fleet a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback into the Service or our business without restriction or obligation to you.

Usage limits and fair use. The Service may impose limits on usage, generation volume, request rates, storage or concurrency, which we may set or change to protect the Service, manage costs, or comply with our providers' limits. We may throttle or suspend usage that is excessive, automated, or disproportionate, or that risks degrading the Service for others.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”. Getting a Campaign live within our 24–48 hour delivery target is a target based on reasonable efforts, not a guarantee. We do not warrant uninterrupted operation, error-free AI output, specific campaign results, return on investment (ROI), or suitability for a particular purpose. Nothing in these Terms excludes, restricts, or modifies guarantees under the Australian Consumer Law that cannot be excluded.

To the maximum extent permitted by law, neither Fleet nor its directors, employees, or suppliers are liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from your use of the Service.

Subject to the Australian Consumer Law, our aggregate liability for any claim arising from or related to the Service is limited to the greater of (a) the Campaign Billing you paid to Fleet in the 12 months before the event giving rise to the claim, or (b) AUD $100.

You will indemnify and hold harmless Fleet from claims, losses, and expenses (including reasonable legal fees) arising from your content, your campaigns, your breach of these Terms, or your violation of law or third-party rights, except to the extent caused by Fleet's gross negligence or wilful misconduct.

Neither party is liable for failure or delay in performing its obligations (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, epidemic, government action, network or power failures, or the failure, outage, suspension, deprecation, rate-limiting or change of terms of any third-party provider on which the Service depends (including AI providers, cloud infrastructure, payment processors, publishers, and advertising platforms). The affected party will use reasonable efforts to resume performance.

When your account or Company is closed (whether by you or by us), we place your data into a 30-day soft-delete period, during which access is revoked and Campaign spend is paused. If not restored within 30 days, we permanently delete Fleet-held data for that account, subject to legal holds and backup-retention timing.

Fleet does not delete your advertising accounts, tracking pixels, or similar assets on third-party platforms (e.g. Meta, Google, LinkedIn) as part of closure — those assets are provisioned on the advertising platform itself and may persist there after your Fleet account is closed. Fleet will pause spend and revoke Fleet's own access. If you need help closing or transferring platform-side assets, contact contact@fltads.com and we will assist where the relevant platform allows it.

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms, non-payment, or legal requirement. Upon termination, your right to use the Service ends, subject to the account-closure and platform-assets terms above.

Survival. Any provision that by its nature should survive termination or expiry will survive, including Definitions, accrued payment obligations, Intellectual property and AI outputs, Feedback, Confidentiality, Disclaimers, Limitation of liability, Indemnification, Governing law and dispute resolution, and the General terms.

We may update these Terms from time to time. We will post the revised version with a new “Last updated” date. For minor or non-material changes, continued use after the effective date constitutes acceptance. For material changes — including changes to billing, refunds, or how we use your data — you will be required to re-accept the updated Terms in-product (via a blocking confirmation) before you can continue using the Service. If you do not agree, you must stop using the Service.

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. You may also have rights under the Australian Consumer Law that cannot be overridden by these Terms.

Before commencing proceedings (other than for urgent injunctive relief or to recover undisputed debts), a party must notify the other in writing of the dispute, and the parties must negotiate in good faith for at least 20 business days to resolve it, escalating to senior representatives if needed. Nothing in this clause limits your rights under the Australian Consumer Law or prevents either party from seeking urgent interlocutory relief.

Assignment and change of control

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or novate these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate restructure, or sale of assets, on notice to you. These Terms bind and benefit the parties and their permitted successors and assigns.

Notices

We may give you notices via email to the address associated with your account or Company, by in-product notification, or by posting in the Service; such notices are deemed received when sent or posted. You must give us notices to contact@fltads.com; they are deemed received on confirmed delivery or one business day after sending. Keep your contact details current.

Export and sanctions

You represent that you are not located in, or a national or resident of, a country or region subject to comprehensive trade sanctions, and that you are not a person with whom dealings are prohibited under applicable sanctions laws. You must not use the Service in violation of any applicable export-control or sanctions laws, or for any prohibited end-use, and you must comply with the equivalent terms of our AI and infrastructure providers.

Language

These Terms are provided in English only. Fleet currently operates in Australia, with the Terms drafted accordingly; if we expand to other markets, we will update these Terms as needed.

Entire agreement; severability; no waiver

These Terms, together with the Privacy Policy and any order or schedule you accept in the Service, constitute the entire agreement between you and Fleet regarding the Service and supersede all prior agreements, representations and understandings; nothing in this clause limits liability for fraud or excludes any rights under the Australian Consumer Law (including for misleading or deceptive conduct). If any provision is held invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or, if it cannot be read down, severed, and the remaining provisions continue in full force. A failure or delay in exercising any right is not a waiver of it; any waiver must be in writing and applies only to the instance for which it is given.

Questions about these Terms, billing, or refunds: contact@fltads.com.