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Terms of Service

Version 1.6 · Effective 5 September 2026

These Terms of Service ("Terms") are a binding agreement between MMEDIA LIMITED, NZBN 9429052805103, a company registered in New Zealand ("Mmedia", "we", "us"), and the business subscribing to our services ("you", the "Client"). You accept these Terms by ticking the acceptance box at checkout, or by subscribing to or using the services. These Terms, the Privacy Policy and the subscription plan you select at checkout together form the entire agreement between us. Your acceptance and its date are recorded at checkout by our payment provider. The version published on this page is the current version and is the one that applies to your subscription; we change it only as described in Section 14, which gives you notice and the right to cancel before a change takes effect.

1. Business clients only

The services are supplied to businesses. You confirm that you are acquiring the services in trade and for business purposes. The parties agree that the Consumer Guarantees Act 1993 does not apply, and contract out of the applicable provisions of the Fair Trading Act 1986 to the extent permitted by section 5D of that Act; both parties agree that this is fair and reasonable.

2. The services

Mmedia operates an AI-driven advertising platform that creates and manages campaigns on the advertising platforms covered by your subscription plan, using official platform APIs and access that you authorize. The platforms available at any time are listed on our website; your subscription covers the number of platforms in the plan you selected.

Each subscription includes: AI-managed campaign creation and optimisation, an unlimited number of campaigns, one advertising account per included platform, regular plain-language performance reporting, email support, and human oversight of the AI's work.

Each subscription covers one brand and one primary campaign language. Multiple brands, multiple advertising accounts per platform, or multi-language campaigns require an Enterprise plan.

Standard subscription plans are designed for clients whose combined advertising spend, across all advertising accounts covered by the subscription, is no more than US$10,000 per calendar month. If your combined spend exceeds this level for two consecutive calendar months, we may notify you that an Enterprise plan is required; you then have 30 days from that notice to agree an Enterprise plan with us. If none is agreed within that period, we may terminate the subscription at the end of the then-current billing period. This threshold defines eligibility for standard plans only: our fee is always a flat subscription fee, and we never charge a percentage of your advertising spend.

3. How the AI operates

  • Most AI actions are proposals: they are executed only after human approval.
  • Automatic execution is limited to defensive, cost-reducing actions, such as adding negative keywords or pausing underperforming ads.
  • No automatic action can increase your spending. Any change that adds budget, launches a new campaign, or enters a new country or platform passes through human approval.
  • You set your advertising budget. We will not raise the budget you have set without your consent.
  • We do not guarantee specific advertising outcomes, including impressions, clicks, conversions, rankings or revenue.

4. Your advertising accounts and advertising spend

  • You own your advertising accounts, billing relationships, advertising data and business data.
  • Advertising costs are paid by you directly to the advertising platforms. Mmedia never handles your advertising funds and never marks up your advertising spend.
  • Advertising platforms bill you under their own terms and may vary daily delivery around your budget under their own policies; those charges are solely between you and the platform.
  • You may revoke our access to your accounts at any time.

5. Your responsibilities

  • Provide accurate and current business information, and keep your website, products and offers lawful in the markets you target.
  • Comply with the policies of the advertising platforms used for your campaigns.
  • Ensure you hold the necessary rights to all materials you provide to us, and grant us a non-exclusive licence to use them for the purpose of providing the services.
  • Advertising images and other creative assets are provided by you, and you warrant that you hold the rights to use them in advertising. We act only as a conduit: uploaded creatives are loaded into your own advertising accounts, and we do not retain the original files.
  • Keep a valid payment method on file for your subscription.

6. Fees and billing

  • The subscription fee is a fixed monthly amount in US dollars for the plan you select, charged in advance through Stripe, and renews automatically each month.
  • Fees do not include your advertising spend (paid by you directly to the platforms) or any applicable taxes or duties, which are your responsibility where they apply.
  • We may change subscription pricing with at least 30 days' notice by email; changes take effect from your next billing cycle after the notice period. If you do not accept a price change, you may cancel under Section 7 before it takes effect, and the new price will not be charged to you.

7. Cancellation and refunds

  • You may cancel at any time through the Stripe customer portal or the link in your receipt email. No notice period and no minimum term apply.
  • Cancellation takes effect at the end of the current billing period: the services continue until then, and the next cycle is simply not charged.
  • Fees already paid are not refunded, in whole or pro rata, for the remainder of a billing period. We may choose to offer a refund in a particular case at our discretion; doing so does not create an obligation for any other case.
  • Your subscription starts with a 30-day trial. Subscribing saves your card; nothing is charged on the day you subscribe, and your first payment falls 30 days later. Cancel at any time before then and you are not charged at all.
  • The trial converts to a paid subscription automatically at the end of the 30 days, whether or not your campaigns have gone live by that point. If you are ready sooner, you can ask us to start the paid subscription early. If you need longer to get ready, the trial can be extended once, to a maximum of 60 days in total.
  • The free Growth Blueprint is pre-sales material and is not part of the paid services.

8. Data processing by third-party services

  • To research, build and optimise campaigns, we transmit advertising-related business data — such as your website content, product and service information, industry, target markets, keywords and campaign performance data — to third-party services, including AI model providers and keyword and market-data services.
  • This processing is a necessary part of the services. If you do not agree to it, we are unable to provide the services, because campaign strategy, keyword research and ad copy cannot be produced without it.
  • For this campaign work we do not transmit your email address, phone number or other contact details to those AI and data services; what we send is limited to advertising-related business data. The Mia assistant in the client portal is different: there, the text you type is passed to the AI model provider as you wrote it, so please keep contact details and anything sensitive out of the chat. Details are in the Privacy Policy.

9. Intellectual property

  • Advertising creatives published in your advertising accounts belong to you.
  • The Mmedia platform — its software, algorithms, infrastructure, and learnings aggregated across clients in a form that does not identify you — remains the property of Mmedia.

10. Confidentiality

Each party must keep the other's non-public information confidential and use it only to perform this agreement. This does not apply to information that is public through no fault of the receiving party, already lawfully known to it, or required to be disclosed by law.

11. Disclaimers

We provide the services with reasonable care and skill. Except as expressly stated in these Terms, and to the maximum extent permitted by law, all other warranties, conditions and guarantees are excluded. We are not responsible for the decisions or actions of advertising platforms, including account suspensions, ad disapprovals, policy changes, outages or auction price movements.

12. Liability

  • Neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, goodwill or data.
  • Mmedia's total aggregate liability arising out of or in connection with the services, for all claims of any kind and however arising, is capped at a fixed amount equal to one month's subscription fee for the plan you selected at checkout, at the published standard price. This cap does not depend on how much you have paid: it applies in full during a trial period, and if no plan has been selected it is the lowest published monthly fee for a standard plan (currently US$299).
  • Advertising spend paid by you to advertising platforms is not a loss recoverable from Mmedia.
  • Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or liability for fraud or wilful misconduct.

13. Suspension and termination

  • We may suspend or terminate the services if your account is in arrears, if you materially breach these Terms, or if your use of the services would breach law or advertising platform policies. Where practical, we will notify you and allow a reasonable period to remedy before terminating.
  • If Mmedia ceases to provide the services, we will tell you as early as we reasonably can and refund the unused portion of any subscription fee you have already paid for the period after the services stop.
  • On termination, we stop work and you may revoke our account access; your advertising accounts and the data in them remain with you. Sections 9 to 12 and 15 survive termination.

14. Changes to these Terms

We may update these Terms from time to time. For material changes we will give at least 14 days' notice by email before the new version takes effect. If you do not accept a material change, you may cancel under Section 7 before the new version takes effect. Each version carries its own number and effective date; continued use of the services after the effective date constitutes acceptance of the new version.

15. General

  • These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
  • Before either party starts court proceedings over a dispute, it must give the other party written notice describing the dispute, and both parties must try in good faith to resolve it for 30 days from that notice. This does not prevent either party from seeking urgent interim relief from a court.
  • If any provision is unenforceable, the remainder stays in effect. A failure to enforce a right is not a waiver of it.
  • You may not assign this agreement without our consent; we may assign it to a successor of our business.
  • Notices are given by email: to you at your account email address, and to us at hello@mmedia.biz.
  • Neither party is liable for delay or failure caused by events beyond its reasonable control.
  • These Terms are published in English and Chinese. The English version is the governing text; if the two versions differ, the English version prevails.

16. Contact

Mmedia Limited, New Zealand · hello@mmedia.biz