AdYacht Terms of Service

Last Updated: September, 2026

These Terms of Service (“Terms”) govern access to and use of the AdYacht website, platform, advertising services, creative services, and related products and services (collectively, the “Services”).

AdYacht is a brand of Tandem Tide LLC (“Tandemtide,” “AdYacht,” “we,” “us,” or “our”).

By accessing the AdYacht website, creating an account, submitting a campaign, purchasing Services, or otherwise using AdYacht, you agree to these Terms. If you are using AdYacht on behalf of a company, agency, creator, brand, or other organization, you represent that you have authority to bind that organization to these Terms.

1. The AdYacht Services

AdYacht provides technology and services designed to help creators, agencies, brands, and other advertisers transform video and other content into paid media campaigns across advertising channels.

Services may include:

• Campaign creation and management
• Video and creative asset activation
• Paid social advertising
• Search advertising
• Retail media
• Programmatic advertising
• Streaming and connected television advertising
• Digital out-of-home advertising
• Audience targeting and activation
• Campaign optimization
• Analytics and reporting
• Creator and brand collaboration
• Creative and video production
• Managed advertising services
• Other related advertising, marketing, and technology services

Certain Services may be provided directly by Tandemtide while others may depend upon third-party advertising platforms, media companies, technology providers, or other partners.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement to use AdYacht.

You are responsible for maintaining accurate account information and protecting your login credentials. You are responsible for activity conducted through your account unless caused by unauthorized access attributable to AdYacht.

You agree to notify us promptly if you become aware of unauthorized use of your account.

3. Campaign Authorization

By creating, submitting, approving, or funding a campaign through AdYacht, you authorize us and our service providers to take reasonable actions necessary to execute the campaign.

This may include transmitting content and campaign information to third-party advertising platforms, creating or configuring campaigns, purchasing or facilitating the purchase of media, adjusting campaign settings, distributing creative assets, and collecting campaign performance information.

Where AdYacht provides managed advertising services, you authorize our team to make reasonable campaign optimization decisions consistent with the agreed campaign strategy, objectives, and budget.

4. Client-Provided Content

You retain ownership of videos, images, trademarks, logos, copy, music, data, and other materials that you provide to AdYacht (“Client Content”), subject to any rights held by third parties.

By providing Client Content, you grant Tandemtide and AdYacht a non-exclusive, worldwide license to use, reproduce, modify, format, distribute, transmit, display, and otherwise process that content as reasonably necessary to provide the Services and execute authorized advertising campaigns.

You represent and warrant that you have all rights, licenses, permissions, releases, and authorizations necessary for the content and for its intended advertising use.

This includes, where applicable, rights relating to:

• Copyright
• Trademarks
• Music
• Talent and likeness
• Creator content
• User-generated content
• Product claims
• Testimonials
• Third-party footage and imagery
• Advertising and promotional use

AdYacht is not responsible for determining whether Client Content infringes third-party rights.

5. AdYacht-Created Content and Intellectual Property

Tandemtide and AdYacht may create videos, advertising creative, graphics, copy, campaign materials, designs, strategy, or other deliverables specifically for a client (“AdYacht-Created Content”).

Unless otherwise stated in a separate written agreement, all AdYacht-Created Content remains the sole property of Tandem Tide LLC until all invoices, media charges, fees, expenses, and other amounts due in connection with the applicable Services or deliverables have been paid in full.

Until payment in full is received, the client receives only a limited, revocable license to review or use the AdYacht-Created Content as expressly authorized by AdYacht.

If any amount associated with the applicable Services or deliverables becomes past due, AdYacht may suspend or revoke that license and the client must cease using, publishing, distributing, advertising, modifying, or otherwise exploiting the unpaid AdYacht-Created Content upon notice.

Upon payment in full of all amounts due for the applicable commissioned deliverables, ownership of the final, client-specific deliverables will transfer to the client, unless the applicable proposal, statement of work, order, or other written agreement states otherwise.

Such transfer does not include AdYacht or Tandemtide Background IP.

Background Intellectual Property

Tandemtide and AdYacht retain all rights in intellectual property developed independently of or existing prior to the applicable client engagement, as well as reusable intellectual property developed in connection with providing the Services.

This includes, without limitation:

• The AdYacht platform and software
• Source code
• Algorithms
• Artificial intelligence systems and models
• Advertising technology
• Campaign systems and structures
• Proprietary methodologies
• Processes and workflows
• Templates
• Frameworks
• Tools
• Automation
• Data models
• Reporting methodologies
• General concepts and know-how
• Skills, techniques, and expertise
• Pre-existing creative assets
• Other proprietary technology or materials

Nothing in these Terms transfers ownership of AdYacht or Tandemtide Background IP to a client.

To the extent Background IP is incorporated into a fully paid client deliverable, the client receives a non-exclusive license to use that Background IP solely as incorporated into the applicable deliverable.

6. Third-Party Materials

Deliverables may incorporate stock photography, fonts, music, footage, software, platform technology, creator content, artificial intelligence services, or other third-party materials.

Those materials remain subject to the applicable third-party licenses and are not transferred to the client beyond the rights permitted by those licenses.

7. Advertising Spend and Fees

AdYacht Services may include subscription fees, platform fees, creative fees, media management fees, advertising spend, production costs, third-party expenses, or other charges disclosed when Services are purchased or agreed upon.

Unless otherwise agreed in writing:

• Advertising and media costs must be funded before campaigns are launched when AdYacht is responsible for paying the media provider.
• Clients may be required to maintain a valid payment method on file.
• Subscription, platform, and management fees may be charged separately from advertising spend.
• Third-party expenses incurred on behalf of the client are the client's responsibility.
• Fees paid for Services already performed are non-refundable except where required by law.

Campaigns may be paused or withheld when required funding or invoices are past due.

8. Late or Unpaid Amounts

Invoices are due according to the payment terms stated on the applicable invoice, proposal, statement of work, or order.

If an account becomes past due, Tandemtide or AdYacht may, to the extent permitted by law:

• Suspend platform access
• Pause advertising campaigns
• Withhold deliverables
• Suspend licenses to unpaid AdYacht-Created Content
• Decline to launch new campaigns
• Suspend additional Services
• Recover reasonable collection costs where permitted
• Exercise other contractual or legal remedies

Payment disputes do not transfer ownership of unpaid creative work or other deliverables.

9. Advertising Budgets

Advertising budgets approved through AdYacht constitute authorization to spend up to the applicable approved amount, subject to the capabilities and billing practices of the applicable advertising platforms.

Third-party platforms may occasionally exceed daily or periodic budget targets while attempting to maintain budgets over a broader billing period. AdYacht cannot guarantee that third-party platforms will spend an exact amount on any particular day.

Clients are responsible for reviewing and approving campaign budgets before launch.

10. Third-Party Advertising Platforms

AdYacht may interact with platforms and networks operated by third parties.

Those services are governed by their own policies, terms, advertising standards, algorithms, approval processes, and technical systems.

AdYacht does not control and is not responsible for:

• Platform outages
• Algorithm changes
• Ad disapprovals
• Account suspensions
• Changes to advertising policies
• Platform fees
• Reporting discrepancies
• Tracking limitations
• Changes to APIs or integrations
• Third-party data availability
• Platform billing practices

We may modify, suspend, or discontinue support for a particular advertising channel if access to that channel changes or becomes commercially or technically impractical.

11. No Guarantee of Advertising Results

Advertising performance depends upon numerous factors outside AdYacht's control.

AdYacht does not guarantee any particular number of impressions, views, clicks, leads, conversions, sales, return on advertising spend, revenue, profitability, audience growth, or other business result.

Forecasts, estimates, recommendations, projections, and performance targets are informational and are not guarantees.

12. Prohibited Uses

You may not use AdYacht to advertise, distribute, or promote content that:

• Violates applicable law
• Infringes intellectual property rights
• Is fraudulent, deceptive, or materially misleading
• Contains unlawful discrimination
• Contains malicious software
• Facilitates illegal activity
• Violates applicable advertising platform policies
• Impersonates another person without authorization
• Uses another person's identity, image, voice, or likeness without necessary authorization

We may reject, pause, or remove campaigns that we reasonably believe violate these Terms, applicable law, or third-party platform policies.

13. Advertising Claims and Compliance

Clients are responsible for the accuracy, substantiation, and legality of claims made about their businesses, products, and services.

AdYacht's review, editing, production, placement, or distribution of advertising does not constitute legal approval of advertising claims.

Clients are responsible for obtaining appropriate legal or regulatory review for claims in regulated industries or other circumstances where such review is appropriate.

14. Campaign Data and Analytics

AdYacht may collect and display campaign performance data from advertising platforms and other sources.

Third-party reporting systems may use different attribution models, methodologies, reporting windows, and measurement technologies. As a result, reported results may vary between platforms.

AdYacht does not warrant that third-party campaign data will be complete, uninterrupted, or error-free.

AdYacht may use aggregated and de-identified campaign and platform information for analytics, benchmarking, product improvement, research, and development, provided that such information does not identify a particular client or individual.

15. Platform Intellectual Property

The AdYacht website, platform, software, branding, design, functionality, technology, and associated intellectual property are owned by Tandem Tide LLC or its licensors.

Nothing in these Terms grants users ownership of the AdYacht platform or its underlying technology.

You may not copy, reverse engineer, reproduce, sell, sublicense, or commercially exploit the AdYacht platform except as expressly authorized in writing.

16. Confidentiality

Each party may receive confidential or proprietary information from the other in connection with the Services.

Each party agrees to use reasonable measures to protect confidential information and to use it only for purposes related to the business relationship.

Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of the other party's confidential information, or lawfully received from another source without confidentiality restrictions.

17. Privacy

Our collection and use of personal information is governed by the AdYacht Privacy Policy, which is incorporated into these Terms by reference.

18. Suspension and Termination

AdYacht may suspend or terminate access to the Services for material violations of these Terms, fraudulent or unlawful activity, security risks, abuse of the platform, or failure to pay amounts when due.

Users may discontinue use of the Services subject to any applicable subscription, campaign, proposal, statement of work, or contractual commitments.

Termination does not eliminate payment obligations incurred before termination.

Provisions that by their nature should survive termination—including payment obligations, intellectual property rights, confidentiality, disclaimers, indemnification, and limitations of liability—will survive.

19. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis.

Tandemtide and AdYacht disclaim warranties not expressly stated in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will always be uninterrupted, error-free, or available.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Tandemtide, AdYacht, and their respective officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, or loss of data arising from or relating to the Services.

To the fullest extent permitted by applicable law, Tandemtide's aggregate liability arising from or relating to the Services will not exceed the fees paid by the applicable client to Tandemtide for the Services giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

21. Indemnification

You agree to defend, indemnify, and hold harmless Tandemtide, AdYacht, and their officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, losses, and reasonable expenses arising from or relating to:

• Client Content
• Your products or services
• Advertising claims supplied or approved by you
• Your violation of these Terms
• Your violation of applicable law
• Your infringement of third-party rights
• Your unauthorized use of another person's content, identity, image, voice, trademark, or intellectual property

22. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Unless otherwise required by applicable law or agreed in writing, any legal proceeding arising from these Terms or the Services will be brought in a court of competent jurisdiction located in Ohio, and the parties consent to the jurisdiction of those courts.

23. Separate Agreements

Certain AdYacht Services may be governed by a separate proposal, statement of work, insertion order, campaign authorization, subscription agreement, or other written agreement.

If a separate written agreement expressly conflicts with these Terms, the separate agreement will control with respect to that specific subject matter.

24. Changes to These Terms

We may update these Terms as AdYacht evolves or as legal, regulatory, technological, or business requirements change.

The “Last Updated” date will identify the most recent revision.

Material changes will be communicated where required by applicable law.

25. Contact

Questions regarding these Terms may be directed to: