Terms of Service

1. Purpose

These terms of use and sale (the "Terms") govern access to the Apogee service, available at app.apogee.ad (the "Service"), its use and subscriptions to its paid plans, to the 7-day trial that precedes them and, for the accounts that have it, to its free plan. They apply to every account from its creation, subject to the Changes section for existing accounts.

2. Publisher

The Service is published by APOGEE, a French simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Nanterre Trade and Companies Register (RCS) under number 101 928 059, whose registered office is at 32 Rue de Paris, 92100 Boulogne-Billancourt, France, EU VAT number FR31101928059 ("Apogee"). Contact: hello@apogee.ad. Full details are in the legal notice.

3. Definitions

• Customer: the professional who holds an account, or who pays for a subscription or a workspace.
• User: any person who uses the Service with an account, including the members of a workspace.
• Account: a user's access to the Service, created by logging in with a Meta (Facebook) account.
• Workspace: the shared space that brings several users together under one subscription.
• Seat: a user's access to a paid plan, either individually or within a workspace.
• Plan: the paid option or, for the accounts that have it, the free option chosen by the Customer, as described on the pricing page and in the application.
• Trial: the 7-day period of use of a paid plan that comes before its subscription starts, described in the Plans, prices and payment section.

In these Terms, "you" means the Customer and, for the rules of use, each User.

4. Service reserved for professionals

Apogee is a tool for professionals. It is reserved for people who use it for the purposes of their trade, business, craft, profession or farming activity, or on behalf of a company or an organization. By creating an account or subscribing to a plan, you declare that you are acting in that capacity. The Service is not offered to consumers.

5. Access and account

• You access the Service by logging in with your Meta (Facebook) account. Using the Service requires the permissions requested at that login on your ad accounts, your Pages and your Instagram accounts.
• You provide accurate information and you are responsible for the use made of your account. You keep your means of access confidential.
• You can withdraw Apogee's access to your Meta data at any time: by disconnecting Facebook in the Apogee settings, or by removing the application in your Facebook account settings.

6. Description of the Service

Apogee lets you, in particular:

• import creatives from your computer, Google Drive, Dropbox or Frame.io;
• detect and apply naming conventions, including with the help of AI;
• create campaigns, ad sets and ads in your Meta ad account;
• use templates;
• view analytics (dashboard, funnel, comment analysis);
• use AI assistants (Autopilot, Copywriting Agent, Creative Strategist);
• work as a team in a workspace.

The features available depend on the plan you subscribe to, as shown on the pricing page and in the application. Some features may be offered in beta or by invitation; they are provided as is and may be changed or withdrawn.

Apogee develops the Service and may add, change or remove features.

7. Meta and third-party services

• Campaigns and ads are created in your own Meta ad account, with the status you choose at launch (active or paused).
• You remain the advertiser. You are responsible for the content, targeting and budgets, and for complying with Meta's advertising policies and the law. Advertising spend is billed by Meta, not by Apogee.
• Apogee does not control Meta's review, delivery or restriction decisions. Apogee cannot ensure the availability of the third-party services (Meta, Google, Dropbox, Adobe, Slack) on which the Service depends.

8. AI features

• Some features rely on third-party AI models. Their outputs (text, analyses, images, recommendations, naming conventions) may be inaccurate, incomplete or unsuitable. You check them before using or publishing them.
• Autopilot can propose actions on your ad account (for example pausing or activating, changing a budget, duplicating or creating items, changing targeting). These actions are only carried out after you confirm them, in the application or, for automations, from Slack or Discord if you have connected them. If you turn on automatic execution for an automation ("Auto-execute" mode), the actions it proposes are carried out without individual confirmation, according to the rules you have set; you can turn this mode off at any time. You are responsible for the actions you confirm and for the automations you turn on.
• Usage quotas (for example the number of Autopilot requests per month) depend on the plan and are shown on the pricing page.
• Apogee does not use your content to train AI models.
• For AI-generated images, you check that you are allowed to use them and you add any disclosure required by law or by Meta's rules.

9. Acceptable use

You use the Service lawfully. You hold the rights needed for the content you import, in particular intellectual property rights, the image rights of the people shown, and rights to music and trademarks. You comply with Meta's terms and policies.

You may not:

• circumvent the quotas or technical limits of the Service;
• extract data from the Service by automated means;
• attempt to access other users' accounts;
• introduce malware;
• resell the Service or make it available to third parties without Apogee's agreement.

Apogee may apply reasonable technical limits (file size, number of requests) to protect the Service.

Paid plans are billed per seat; one seat corresponds to one user.

10. Plans, prices and payment

7-day trial. For accounts created from the activation of the 7-day trial, signing up includes choosing a paid plan (Starter, Pro or Scale, with monthly or annual billing) and saving a payment method. For 7 days, you use that plan with everything it includes. A trial fee of €1 including tax ($1 or £1 depending on the billing currency) is due and charged at sign-up. Unless you cancel before the end of day 7, the subscription to the chosen plan starts automatically at the end of the trial, and its price, as shown at sign-up, is charged to the saved payment method; it then renews as set out in the Term, plan changes and cancellation section. You can cancel at any time during the trial from the application (Billing menu): no plan price is then charged. Before that charge, Apogee sends you a reminder by email. If you started the trial from the ads offer page and then created your Apogee account, the date of that charge is shown instead at all times in the application (Billing menu). If the payment fails at the end of the trial, access to the Service ends until the plan is paid or a plan is subscribed to from the application. The trial is offered only once per Customer.

Free plan of existing accounts. Accounts created before the activation of the 7-day trial keep the free plan: with no payment method required, it lets you use the Service within the quota and features shown in the application. Apogee may change or discontinue the free plan.

Paid plans. The paid plans (Starter, Pro, Scale) are offered with monthly or annual billing, per seat. Their prices and content are shown on the pricing page and in the application.

Price and VAT. The price, currency and VAT that apply to your order are those shown on the payment page before you confirm it. VAT is calculated according to your situation (country, EU VAT number).

Payment. Payment is processed by Stripe. It is due in advance, using the saved payment method: the trial fee at sign-up, then the plan's price at the end of the trial or, without a trial, at subscription, then at each renewal. Apogee does not keep your card numbers.

Invoices. Invoices are issued electronically and are available in the application (Billing page) and in the Stripe customer portal.

Promo codes and offers. Promo codes or time-limited offers may be offered under their own conditions (duration, eligible plans, deadline). They cannot be combined unless stated otherwise.

Late payment. Any amount not paid when due automatically incurs late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code). No discount is granted for early payment.

Failed payment. If a payment fails, new attempts may be made. If payment is not made, Apogee may suspend access to the paid features or end the subscription; the account then returns to the free plan if it was created before the activation of the 7-day trial, and access to the Service ends otherwise.

Price changes. Apogee may change its prices. For an ongoing subscription, a new price only applies from the renewal that follows a notice sent by email at least 30 days in advance; you may cancel before that date. Subscriptions taken out at a specific rate (former price, negotiated offer) keep that rate until notice is given under the same conditions.

11. Term, plan changes and cancellation

• Monthly and annual subscriptions renew automatically for the same period.
• You can cancel at any time from the application: for an individual subscription, Billing menu, "Manage or cancel subscription" button; for a workspace, the workspace's Billing tab. During the trial, cancelling stops the subscription from starting: no plan price is charged. Cancelling an individual subscription takes effect at the end of the current period; access to the paid features is kept until then, and the account then returns to the free plan if it was created before the activation of the 7-day trial, and access to the Service ends otherwise. For a workspace, the date on which cancellation takes effect is the one shown in the Stripe customer portal when you cancel.
• Upgrading to a higher plan, or from monthly to annual billing, is done from the application, except for a subscription taken out at a specific rate (former price, negotiated offer): in that case, write to hello@apogee.ad. It takes effect immediately, and the prorated amount for the remaining period is invoiced immediately.
• To move to a lower plan or from annual to monthly billing, write to hello@apogee.ad.
• Refunds. Except where mandatory law provides otherwise or as a goodwill gesture by Apogee, amounts paid for a period that has started, monthly or annual, are not refunded, including when you cancel during the period.
• Suspension or termination by Apogee. Apogee may suspend access to the Service or end a subscription if these Terms are breached, after informing you by email. This prior notice is not required in the event of a serious breach, fraud, a security risk or a requirement from Meta. Apogee may also suspend access or end the subscription for non-payment, as set out in the Plans, prices and payment section.
• End of the Service. Apogee may end the Service or a plan by giving you at least 30 days' notice by email; the share of the amounts paid that corresponds to the unused period is then refunded to you.

12. Workspaces

• A workspace is billed per seat to the holder of the workspace subscription, who manages billing and is answerable for the use made by the workspace members.
• Added seats are invoiced immediately, prorated for the remaining period; removed seats give rise to a credit on the next invoice. In the application, the number of seats cannot be reduced below the number of members.
• When a new member joins a paid workspace whose seats are all taken, an extra seat is added and invoiced automatically, prorated.
• When a user who has their own subscription joins a paid workspace, their individual subscription is not renewed at the end of its term and is not refunded.
• When the workspace subscription ends, members lose access to the workspace's paid features.

13. Personal data

The processing of personal data carried out by Apogee is described in the privacy policy. Apogee acts as controller for account, billing and usage data, and as processor for the processing described in the next section.

14. Processing on your behalf (Article 28 GDPR)

When you use the Service, Apogee processes, on your behalf and as a processor, personal data for which you are the controller. The following provisions apply to that processing.

• Subject matter, nature and duration: the processing needed to provide the Service, for the duration of your subscription or of your use of the Service.
• Data and data subjects: the content of your creatives and ad copy, which may show identifiable people; the data of your Meta ad accounts; comments posted on your ads (identifier or username, name, profile picture, comment text); the identity of your team members.
• Instructions: Apogee acts only on your instructions, which consist of your use of the Service and these Terms. If Union or Member State law to which Apogee is subject requires other processing, Apogee informs you beforehand, unless that law prohibits it. Apogee informs you immediately if, in its opinion, an instruction infringes data protection rules.
• Confidentiality: the people authorized to process this data are bound by a duty of confidentiality.
• Security: Apogee undertakes to implement appropriate technical and organizational measures.
• Sub-processors: you give Apogee a general authorization to use the providers listed in the privacy policy. Apogee informs you of any addition or replacement, before the new provider processes your data, by updating that list and, for a substantial change, by email or by a message in the application; you may object by cancelling your subscription. Apogee undertakes to impose on its sub-processors, by contract, the same data protection obligations as those set out in this section, and remains liable to you for their performance.
• Assistance: taking into account the nature of the processing and the information available to it, Apogee helps you respond to requests from data subjects exercising their rights and meet your obligations under Articles 32 to 36 of the GDPR (security, breach notification, impact assessments, prior consultation).
• Personal data breaches: Apogee notifies you of any personal data breach affecting your data without undue delay after becoming aware of it.
• End of the contract: at your request, Apogee deletes or returns the data processed on your behalf, unless a legal obligation requires it to be kept.
• Audits: Apogee makes available to you, on request, the information needed to demonstrate compliance with these obligations, and allows for and contributes to audits, including inspections, conducted by you or by an auditor you appoint. Except in the event of an established data breach or a request from a supervisory authority, an audit takes place no more than once a year, on 30 days' written notice, at your expense, and is carried out by an independent auditor bound by confidentiality who is not a competitor of Apogee.
• Transfers: under the conditions described in the privacy policy.

15. Intellectual property

• The Service and its components (software, interfaces, the Apogee name and logo) are protected by intellectual property law. These Terms do not transfer any rights in them to you; you only have a personal, non-exclusive right to use the Service for the duration of your plan.
• You keep your rights to your content. You grant Apogee a non-exclusive licence to host, process and transmit it, in particular to Meta and to the providers listed in the privacy policy, for the sole purpose of providing the Service.
• Apogee may freely use the suggestions and feedback you send it.
• Apogee claims no rights to the outputs generated for you, without guaranteeing that they are original or protectable.

16. Availability and support

• Apogee strives to keep the Service accessible, without any availability commitment; the Service may be interrupted, in particular for maintenance or when a third-party service is unavailable.
• Support is provided by email at hello@apogee.ad. Some plans give access to additional support channels, shown on the pricing page.

17. Liability

Apogee is bound by an obligation of means (best efforts).

Apogee is not liable for:

• Meta's decisions (review, delivery, account restrictions);
• the results of your ads;
• the content you supply;
• the consequences of the choices you make (content, targeting, budgets, launch status, actions you confirm or for which you have turned on automatic execution, including through Autopilot), unless the damage results from the Service carrying out those choices incorrectly;
• outages of third-party services.

Indirect losses are excluded, including lost revenue or profit and loss of opportunity.

Apogee's total liability under these Terms is limited to the amount paid by the Customer for the Service during the 12 months preceding the event giving rise to the claim.

These limitations do not apply in the event of gross negligence or wilful misconduct, bodily injury, or where the law prohibits them.

18. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code.

19. Illegal content

You can report content you consider illegal to hello@apogee.ad, stating the content concerned, where it is, why you consider it illegal, your name and email address, and a statement that you believe in good faith that the information provided is accurate and complete. Apogee acknowledges receipt of your report and informs you of the action taken and of the available means of redress. Apogee may remove content or suspend an account that breaches the law or these Terms; it informs the user concerned of the reasons, unless the law forbids it.

20. Data at the end of the contract

You can ask hello@apogee.ad for a copy of the data you provided to the Service, in a structured, commonly used format. Apogee handles the request within a reasonable time, free of charge. The data is then deleted as set out in the privacy policy.

21. Changes

Apogee may change these Terms. Any later substantial change is announced to you by email or by a message in the application at least 30 days before it applies to your account. If you do not accept it, you may stop using the Service and, if you have a subscription, cancel it before that date: the cancellation takes effect as set out in the Term, plan changes and cancellation section, and the earlier version continues to apply until then. If you do not cancel, using the Service after that date means you accept the new version. Subject to the above, the applicable version is the one published on this page.

Version of September 26, 2026. This version replaces the one dated March 9, 2026. It applies from their creation to accounts created since its publication on September 26, 2026. For accounts created earlier, it applies from October 26, 2026, after its publication on www.apogee.ad; until then, the version of March 9, 2026 remains applicable. If you do not accept this version, you may stop using the Service and cancel your subscription before October 26, 2026, under the conditions set out in the previous paragraph.

Update of October 15, 2026. The Purpose, Definitions, Plans, prices and payment, Term, plan changes and cancellation, and Miscellaneous sections describe the 7-day trial. This update applies to accounts created from the activation of the trial. It does not change the terms that apply to accounts created earlier, which keep the free plan.

Previous version (March 9, 2026)

22. Governing law and disputes

These Terms are governed by French law.

In the event of a dispute, the parties first seek an amicable solution, on request sent by email to hello@apogee.ad.

Where the Customer is a merchant (commerçant), any dispute relating to these Terms falls under the exclusive jurisdiction of the courts within the jurisdiction of Nanterre, France.

In all other cases, the ordinary rules of jurisdiction apply.

23. Language

These Terms are written in French and translated into English. In the event of any discrepancy, the French version prevails.

24. Miscellaneous

If any clause of these Terms is held invalid or unenforceable, the other clauses remain in force. A party's failure to enforce a breach does not waive its right to do so later. These Terms, the privacy policy and the details of the confirmed order form the entire agreement between the parties on their subject matter.

The contract is concluded electronically. To subscribe to a paid plan, you choose the plan, check the order summary (plan, price, currency and, where applicable, VAT) on the Stripe payment page, where you can correct your details before confirming, then confirm the payment; for the 7-day trial, that summary also shows the trial fee and the amount charged at the end of the trial unless you cancel before; depending on the path, you log in with your Meta account before or after the payment. Invoices are available in the application and in the Stripe customer portal. These Terms can be saved and printed from this page. Acting as professionals, the parties agree, in accordance with Article 1127-3 of the French Civil Code, to derogate from items 1° to 5° of Article 1127-1 and from Article 1127-2 of that code.