Terms of Service
Effective Date: June, 2025
These Terms of Service are entered into by and between Prism Vibe Ads (“Company,” “we,” “our,” or “us”) and you, the user (“you,” “your,” or “User”).
By accessing, visiting, browsing, using, or attempting to use any part of our website, platform, content, tools, applications, advertising services, consulting services, or other related offerings collectively referred to as the “Service,” you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you do not agree to these Terms, you should not access or use our Service.
Prism Vibe Ads reserves the right to update, revise, or replace these Terms at any time. Any changes will become effective when posted. Your continued use of the Service after changes are posted means you accept the updated Terms.
1. Agreement
These Terms of Service govern your access to and use of the Prism Vibe Ads website, digital platforms, advertising tools, content, communications, and business services.
Prism Vibe Ads provides digital advertising, growth, and marketing-related services designed to help DTC brands, including beauty, skincare, cosmetics, and related consumer brands, scale their online presence, reach more customers, and improve customer acquisition efforts.
Each time you use the Service, you agree to follow these Terms and any additional policies, guidelines, or agreements that may apply.
2. Privacy
Your use of the Service is also subject to our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, share, and protect your information.
3. Ownership of Content
All content, materials, designs, graphics, logos, text, images, videos, software, data, reports, documents, strategies, and other materials made available through the Service are owned by Prism Vibe Ads or its licensors, partners, suppliers, or content providers.
These materials are protected by copyright, trademark, intellectual property, and other applicable laws.
You may not copy, reproduce, modify, distribute, publish, display, sell, license, or create derivative works from any part of the Service unless we provide written permission or the use is expressly allowed under these Terms.
Using the Service does not give you ownership rights in any content, materials, software, trademarks, or intellectual property belonging to Prism Vibe Ads or third parties.
4. Eligibility
You must be at least 18 years old to access or use the Service.
By using the Service, you confirm that you are at least 18 years of age and have the authority to agree to these Terms on your own behalf or on behalf of the business or organization you represent.
5. Trademarks
The Prism Vibe Ads name, logo, branding, service marks, graphics, and related brand assets are the property of Prism Vibe Ads.
Any third-party trademarks, logos, or brand materials appearing through the Service remain the property of their respective owners.
Nothing in these Terms grants you the right to use any trademark, logo, brand name, service mark, or copyrighted work without prior written permission from the appropriate owner.
6. Permitted Use of the Service
Prism Vibe Ads grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for lawful business or personal purposes, subject to these Terms.
You agree not to:
- Copy, resell, sublicense, distribute, or commercially exploit the Service without permission.
- Reverse engineer, interfere with, damage, disrupt, or attempt to gain unauthorized access to the Service.
- Use the Service for unlawful, fraudulent, abusive, misleading, or harmful purposes.
- Upload or transmit viruses, malware, harmful code, or disruptive technologies.
- Use the Service in a way that violates applicable laws, regulations, third-party rights, advertising platform policies, or these Terms.
We may suspend, restrict, or terminate your access to the Service at any time if we believe you have violated these Terms or used the Service in a manner that may harm Prism Vibe Ads, our clients, our partners, or others.
7. Compliance With Laws
You agree to comply with all applicable local, state, federal, and international laws, rules, and regulations when using the Service.
You also agree that any information you provide to Prism Vibe Ads is accurate, current, complete, and not misleading to the best of your knowledge.
8. Client and Business Information
If you provide business, advertising, brand, customer, product, campaign, or account-related information to Prism Vibe Ads, you represent that you have the right and authority to provide such information.
You are responsible for ensuring that any materials, claims, product information, advertising content, creative assets, or business data you submit to us comply with applicable laws, advertising rules, intellectual property rights, and platform policies.
9. Third-Party Platforms and Services
Our Service may involve or interact with third-party platforms, including advertising platforms, analytics providers, payment processors, ecommerce platforms, social media networks, hosting providers, and other business tools.
Prism Vibe Ads is not responsible for the availability, functionality, rules, actions, policies, or decisions of third-party platforms.
Your use of third-party platforms may be subject to their own terms, privacy policies, and platform rules. You are responsible for reviewing and complying with those third-party terms.
10. Indemnification
You agree to defend, indemnify, and hold harmless Prism Vibe Ads, its owners, officers, directors, employees, contractors, agents, affiliates, partners, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, expenses, judgments, and attorneys’ fees arising from or related to:
- Your use or misuse of the Service.
- Your violation of these Terms.
- Your violation of any law, regulation, platform policy, or third-party right.
- Any content, data, information, or materials you provide to us.
- Any advertising, marketing, product, or business claim made by you or on your behalf.
This obligation will survive the termination of these Terms and your use of the Service.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PRISM VIBE ADS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR PERFORMANCE.
WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
WE ALSO DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME, SALES RESULT, ADVERTISING PERFORMANCE, CUSTOMER GROWTH, REVENUE INCREASE, RETURN ON AD SPEND, OR OTHER COMMERCIAL RESULT FROM USING OUR SERVICE.
Your sole remedy if you are dissatisfied with the Service is to stop using it.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRISM VIBE ADS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, ADVERTISING ACCOUNT ISSUES, PLATFORM SUSPENSIONS, BUSINESS INTERRUPTION, OR CLAIMS BY THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain limitations or exclusions of liability. In those cases, the limitations above apply only to the fullest extent permitted by law.
13. Use of Information
You authorize Prism Vibe Ads to use information you provide in a manner consistent with our Privacy Policy and any applicable agreements between you and Prism Vibe Ads.
This may include using information to provide services, respond to inquiries, improve our offerings, manage business operations, communicate with you, and comply with legal or platform obligations.
14. Copyright and Intellectual Property Complaints
If you believe that content available through our Service infringes your copyright or other intellectual property rights, you may submit a written notice to us containing the following information:
- Your physical or electronic signature, or the signature of a person authorized to act on your behalf.
- A description of the copyrighted work or intellectual property you claim has been infringed.
- A description of where the allegedly infringing material is located.
- Your name, mailing address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright or intellectual property notices may be sent to:
Prism Vibe Ads
115 Broadway
New York, NY, 10006
Email: [email protected]
15. Governing Law and Venue
These Terms of Service and any dispute arising out of or relating to the Service shall be governed by the laws of the State of New York, without regard to its conflict of law principles.
You agree that any legal action, claim, or proceeding related to these Terms or the Service shall be brought exclusively in the state or federal courts located in New York, New York, unless otherwise required by applicable law.
You agree that any claim or cause of action arising out of or related to the Service or these Terms must be filed within one year after such claim or cause of action arose, or it will be permanently barred, unless applicable law requires a longer period.
16. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary.
The remaining provisions of these Terms will continue in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.
Any waiver must be in writing and signed by an authorized representative of Prism Vibe Ads.
18. Termination
Prism Vibe Ads may suspend, restrict, or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, misused the Service, created risk for us or others, or acted in a way that may harm our business, users, clients, partners, or third-party platforms.
You may stop using the Service at any time.
Sections relating to ownership, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination will remain in effect after termination.
19. Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, agency, or fiduciary relationship between you and Prism Vibe Ads.
You and Prism Vibe Ads are independent parties. Neither party has the authority to bind, represent, or create obligations on behalf of the other unless agreed in writing.
20. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other written agreements, policies, or terms that apply to specific services, constitute the entire agreement between you and Prism Vibe Ads regarding your use of the Service.
These Terms replace and supersede any prior or contemporaneous communications, proposals, understandings, or agreements, whether written or oral, relating to the Service.
We may revise these Terms at any time by posting an updated version. Your continued use of the Service after changes are posted means you accept the revised Terms.
21. Contact Information
If you have any questions about these Terms of Service, please contact us:
Prism Vibe Ads
115 Broadway
New York, NY, 10006
Email: [email protected]