TestMyAdvertising.com Terms of Service
Last Updated: January 2026
These Terms of Service ("Terms") govern your use of TestMyAdvertising.com and related services (the "Service") operated by VIDEOQUANT INC. ("we," "us," or "Company"). By creating an account or using the Service, you agree to these Terms.
1. The Service
TestMyAdvertising.com provides AI-powered creative performance predictions for text, image, and TV/video advertisements. You upload creative assets, we analyze them and deliver predictive performance data.
What You Get
Each test purchase entitles you to submit creative asset(s) for analysis and receive corresponding performance predictions and insights as described in your selected test package.
No Guarantees
Predictions are probabilistic assessments based on our models and data. We do not guarantee specific advertising outcomes, media performance, or business results. You are solely responsible for decisions made using our outputs.
2. Accounts and Payment
Account Creation
You must provide accurate information and maintain account security. One account per person/entity. You're responsible for all activity under your account.
Pricing and Payment
Tests are purchased on a pay-per-test basis at prices displayed at checkout. All fees are in U.S. dollars and non-refundable unless otherwise stated. We may change pricing at any time; changes apply to future purchases only.
Refunds
Due to the nature of the Service (instant delivery of analytical outputs), all sales are final. If you experience a technical issue preventing delivery of your results, contact us within 7 days for a replacement test or refund at our discretion.
Taxes
You are responsible for all applicable taxes. Prices displayed exclude taxes unless stated otherwise.
3. Acceptable Use
You agree NOT to: upload content you don't have rights to test; reverse engineer, copy, or attempt to extract our algorithms, models, or underlying technology; use automated tools to access the Service or extract data; share account credentials or resell access; use outputs to train competing AI/ML models; circumvent usage limits or security measures; or misrepresent your identity or affiliation.
Violation may result in immediate termination without refund.
4. Your Content
Ownership
You retain ownership of creative assets you upload ("Your Content"). You represent and warrant that you have all necessary rights to Your Content and that it does not infringe any third-party rights or violate any law.
License to Us
You grant us a limited license to process Your Content solely to provide the Service. We will not share Your Content with third parties except as necessary to operate the Service.
Retention
We may retain Your Content for up to 2 years, or longer if required by law or legitimate business purposes. You may request deletion by contacting support@testmyadvertising.com.
5. Our Intellectual Property
All technology, algorithms, models, and methodologies (“Our IP”) remain our exclusive property. You are granted a limited, non-exclusive license to use analytical outputs for your internal business purposes.
You may NOT: publicly publish or redistribute our raw analytical outputs without permission; claim our methodology or predictions as your own; or use outputs in any manner that implies our endorsement of your products or services.
You MAY: use insights to inform your internal creative and media decisions; and reference that you used TestMyAdvertising.com for testing (e.g., "tested with TestMyAdvertising.com").
6. Publicity and Logo Use
You agree that we may identify you as a customer and use your company name and logo on our website, marketing materials, and customer lists. This is limited to factual identification (e.g., inclusion in a "Trusted By" section) and does not imply your endorsement of us.
To opt out: Email optout@testmyadvertising.com with subject line "Logo Opt-Out" and we will remove your name/logo within 30 days.
7. Confidentiality
We will treat Your Content and test results as confidential and will not disclose them to third parties except: (a) as necessary to provide the Service; (b) in aggregated, anonymized form that cannot identify you or your creative assets; or (c) as required by law.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: predictions will be accurate or lead to specific outcomes; the Service will be uninterrupted or error-free; or results will meet your expectations. The Service does not provide legal, financial, marketing, or professional advice. Any outputs are informational only and should not be relied upon as a substitute for professional judgment.
Predictive outputs are analytical tools, not guarantees. You assume all risk for business decisions made using our Service.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Our total liability shall not exceed the amount you paid for the specific test(s) giving rise to the claim, or $500, whichever is greater. We are not liable for any indirect, incidental, consequential, special, or punitive damages. We are not liable for lost profits, lost data, business interruption, or costs of substitute services. We are not liable for any business, advertising, or media decisions you make based on our outputs.
These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we were advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold harmless Company, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
11. Termination
By You
You may stop using the Service at any time. No refunds for unused tests or account closure.
By Us
We may suspend or terminate your access at any time, with or without cause, with or without notice. If we terminate for cause (e.g., Terms violation), no refund. If we terminate without cause, we will refund any prepaid unused tests.
Survival
Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.
12. Changes to Terms
We may modify these Terms at any time by posting updated Terms on the Site. Material changes will be communicated via email or prominent notice. Continued use after changes constitutes acceptance.
13. Dispute Resolution
Governing Law
These Terms are governed by Delaware law, without regard to conflict of law principles.
Informal Resolution
Before filing any claim, you agree to contact us at legal@testmyadvertising.com and attempt to resolve the dispute informally for at least 30 days.
Arbitration
Any unresolved disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Delaware or, at your election, by phone or video.
Class Action Waiver
You agree to resolve disputes only on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.
Small Claims Exception
Either party may bring qualifying claims in small claims court.
14. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right does not waive that right.
Assignment: You may not assign these Terms. We may assign our rights without restriction.
15. Contact Us
VIDEOQUANT INC.
55 Court St, FL 2, Boston, MA 02108
Email: support@testmyadvertising.com
Legal: legal@testmyadvertising.com
Billing: billing@testmyadvertising.com
Logo Opt-Out: optout@testmyadvertising.com
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By using TestMyAdvertising.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.