Terms of Service

Spend Back AI LLC (d/b/a "SpendBack")
Effective Date: July 6, 2026
Last Updated: July 6, 2026

These Terms of Service ("Terms") govern access to and use of the website at spendback.ai (the "Site") and the AI-powered advertising and vendor spend auditing and recovery services (the "Services") provided by Spend Back AI LLC ("SpendBack," "we," "us," or "our"). By accessing the Site or using the Services, you ("you," "your," or "Client") agree to these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. Services

SpendBack provides AI-powered auditing and recovery Services across digital advertising, cloud, AI consumption, vendor, shipping, payment, and adjacent categories. The Services identify invalid, non-compliant, or overcharged activity and pursue corrections, credits, and refunds. Specific scope, modules, and commercial terms may be set out in a separate order form, statement of work, or master services agreement between you and SpendBack, which controls in the event of a conflict with these Terms.

2. Eligibility and Accounts

The Services are for business use. You agree to provide accurate, current, and complete information, to keep it updated, and to safeguard any credentials. You are responsible for all activity under your account.

3. Client Responsibilities

You agree that you will:

• Use the Services in compliance with all applicable laws, regulations, and the policies of the advertising platforms, cloud providers, and vendors involved;

• Provide and maintain all necessary rights, authorizations, and consents for SpendBack to access the accounts, credentials, tokens, data, and properties required to perform the Services, including consent to deploy click-tracking and to process end-user data;

• Ensure that any tracking, pixel, or data-collection functionality required for the Services is activated and maintained as directed;

• Not use the Services for any unlawful, infringing, or prohibited purpose; and

• Promptly notify us if any required consent is withdrawn or any credential is no longer valid.

You are solely responsible for your relationships and arrangements with your own customers, including your pricing and any consents required from them.

4. Data and Privacy

Your use of the Services is subject to our Privacy Policy. Where SpendBack processes personal data on your behalf, the parties will enter into a Data Processing Addendum ("DPA"), which governs that processing and controls in the event of a conflict on data-protection matters. You are responsible, as controller, for establishing a lawful basis and obtaining any required consents for the data made available to us.

5. Intellectual Property

All software, technology, methodology, algorithms, models, dashboards, reports, tracking technology, and related materials made available through the Services, and all intellectual property rights in them, are owned by Spend Back AI LLC or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services and their outputs for your internal business purposes during the term.

You shall not, and shall not permit any user, customer, employee, contractor, affiliate, or third party to: (a) reverse-engineer, decompile, disassemble, or attempt to derive the source code or underlying logic of the Services or underlying technology; (b) build, develop, fund, license, resell, or operate any product or service that materially replicates, competes with, or substitutes for the Services; (c) use the Services or any insights, methodology, or know-how derived from access to them to inform the development of any competing audit, recovery, vendor-intelligence, or refund-management product; or (d) make the Services available to any third party except as expressly permitted.

SpendBack retains all rights not expressly granted. You retain rights in your own data and in the outputs and reports delivered to you, subject to the licenses and restrictions in these Terms.

6. Confidentiality

Each party will protect the other's non-public, proprietary information using at least reasonable care and use it only as needed to perform under these Terms. These obligations survive termination.

7. Fees

Fees, if any, are as set out in your order form, statement of work, or master services agreement. Unless otherwise agreed, fees are non-refundable and exclusive of taxes, for which you are responsible (other than taxes on our net income).

8. Disclaimers

THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR RECOVERY, SAVINGS, OR OUTCOME WILL BE ACHIEVED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPENDBACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless SpendBack and its officers, directors, employees, and agents from any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms or applicable law, or your failure to obtain any required rights or consents.

11. Term and Termination

These Terms apply while you use the Services. We may suspend or terminate access for conduct that violates these Terms, that risks harm to others or to the Services, or as required by law. Provisions that by their nature should survive (including Sections 5, 6, 8, 9, 10, and 12) survive termination.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in Florida, except that either party may seek emergency injunctive relief in a court of competent jurisdiction. Where mandatory local law grants you additional rights, nothing here limits those rights.

13. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted with an updated date. Your continued use of the Services after changes take effect constitutes acceptance.

14. Contact Us

Spend Back AI LLC (d/b/a SpendBack)
7901 4th St N, Ste 300, Saint Petersburg, FL 33702, USA
Email: privacy@spendback.ai