Terms of Service

1. The Service

Ephermal connects to your Shopify store and, if you choose, your Meta Ads and Google Ads accounts. It analyses your store and advertising data, drafts campaigns, ad copy and creative briefs with AI assistance, and creates campaigns in your own ad accounts, always paused, only when you approve them. Changes to live campaigns, such as pausing, enabling or changing a budget, are made only after you confirm that specific change ("the Service").

Ad spend is billed by Meta and Google directly to your own ad account. Ephermal never pays for, holds or marks up your ad spend.

We may develop and change the Service. We will give reasonable notice before removing a feature you pay for. Ephermal is not affiliated with or endorsed by Shopify Inc., Meta Platforms, Inc. or Google LLC, each of which is responsible for its own services.

2. Eligibility & Account

• You must act as a business, be at least 18 years old and be authorised to bind the business you sign up for.
• You are responsible for keeping your login credentials confidential and for activity under your account.
• Tell us immediately at hello@ephermal.app if you suspect unauthorised access to your account.
• Each plan covers the number of stores stated on the pricing page.

3. Subscriptions & Billing

Ephermal is a monthly subscription billed in advance. Prices are shown on our pricing page in EUR. As a small business under § 19 UStG, Ephermal does not charge VAT, so the prices shown are the prices you pay. We will give at least 30 days' notice of any price change, and you may cancel before it applies.

• Free trial: a new account can try a plan free for 3 days, once per account. A card is required at checkout. Cancel before the 3-day trial ends and you are not charged; otherwise the subscription starts and is billed when the trial ends. Accounts that already had a subscription or tester access start paid immediately.
• Renewal and cancellation: subscriptions renew automatically each month. You can cancel at any time with effect from the end of the current billing period.
• Credit packs: one-time credit packs are non-refundable once any credits have been used.
• Refunds: payments for a started billing period are not refunded, except where the law requires it.

Payments are processed by Stripe. By paying you also accept Stripe's terms.

From February 2027, in accordance with Meta Developer Policy Section 10.6a, you may request a statement of the amount spent on Meta ads through our platform, separate from Ephermal subscription fees. Contact hello@ephermal.app.

4. Acceptable Use

You agree not to use the Service to:

• Advertise products that are illegal or counterfeit, or that violate the policies of Meta, Google or Shopify.
• Create or distribute misleading, defamatory or fraudulent advertising.
• Circumvent, disable or interfere with security or rate-limiting features.
• Reverse-engineer or extract the Service's source code.
• Break applicable law, including data protection law, or use AI practices prohibited by Article 5 of the EU AI Act.

We may suspend or terminate accounts that seriously or repeatedly break these rules.

5. Your Content & Permissions

You keep ownership of your store data, product content and anything created with your brand assets. You grant Ephermal a non-exclusive licence to access and process your content only to provide the Service to you. This licence excludes using your store, customer, lead or advertising data to train, fine-tune or improve any AI model. When you choose to generate a UGC video, the product image and motion prompt you select are sent to Higgsfield, whose terms allow it to use them to improve its models.

You confirm that you may advertise the products you promote, that your ads do not infringe third-party rights, and that you have a lawful basis for any personal data about your customers or leads that Ephermal processes for you.

6. Data Processing on Your Behalf (Art. 28 GDPR)

Where Ephermal processes personal data for you as your processor, this section is the data processing agreement between us:

• Subject matter and duration: processing needed to provide the Service, for as long as your account exists.
• Nature and purpose: storing, retrieving, analysing, displaying and exporting data you connect, to provide analyses, drafts, lead management and exports.
• Types of personal data: Shopify order data (order numbers, dates, amounts and status, without customer contact details), contact details and answers submitted in your Meta lead forms, and any personal data in content you upload.
• Categories of data subjects: your customers and the people who submit your lead forms.
• We process this data only on your documented instructions, which are these Terms and your use of the Service.
• Everyone with access is bound to confidentiality, and we apply appropriate technical and organisational measures under Art. 32 GDPR, including encryption at rest and in transit and sign-in through Clerk, so Ephermal never stores passwords.
• You authorise the processors listed in our Privacy Policy. We will tell you at least 30 days before adding or replacing one, and you may object.
• We help you answer data subject requests and meet your obligations under Articles 32 to 36 GDPR, and tell you without undue delay about any personal data breach affecting your data.
• When your account ends we delete this data within 30 days unless the law requires us to keep it, and we give you the information needed to demonstrate compliance, including reasonable audits with prior notice.

7. Ad Platform Compliance

You are responsible for making sure campaigns you approve comply with the advertising policies of Meta and Google. We are not responsible for ad account restrictions, policy decisions or rejected ads that result from your products, your content or your account history, or for changes Meta or Google make to their policies or data.

8. AI-Generated Content

Image ad generation and Template Library are coming soon. Generated images use separately quoted weighted Creative Credits, with the maximum charge confirmed before generation. Weekly text AI and existing script and video allowances remain separate until an approved credit cutover. Preparation uses the text AI allowance; text-only recomposition uses the retained original without another image-model charge.

Uploaded campaign files continue directly to Meta. Generated images, private originals and revisions are retained for 30 days, with exact expiry shown in the workbench. Account export includes retained creatives; erasure revokes access and schedules deletion. Financial reconciliation and Meta attachment retention are separate, as explained in our Privacy Policy.

Higgsfield may use image-generation inputs and outputs to improve its models. Library sharing does not control provider training. Optional future recipe sharing requires separate consent and will not share merchant images or product data. Approving a generated version is separate from confirming its Meta attachment, and neither action saves or launches a campaign.

AI output from Ephermal is a draft. You can edit or reject anything before it reaches an ad platform, and by approving it you take responsibility for its content. We do not promise any advertising result, such as return on ad spend, conversions or impressions.

9. EU AI Act

Ephermal's AI features are not high-risk AI systems under Annex III of the EU AI Act. When you publish AI-generated or AI-edited content, you are responsible for any disclosure the law requires where you advertise, including the transparency obligations of Article 50 of the EU AI Act and applicable consumer protection rules.

10. Intellectual Property

The Ephermal software, design, prompts and branding belong to Ephermal. These Terms do not give you any rights to them beyond using the Service.

11. Liability

• We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have given a guarantee.
• For slight negligence we are liable only if we breach an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible and on which you may regularly rely (essential contractual obligations). In that case our liability is limited to the damage that was foreseeable and typical for this kind of contract when it was concluded.
• Any other liability for slight negligence is excluded.
• Ad spend is committed by your own approval in your own ad account. We are not liable for ad spend or advertising results except under the first two points.
• Liability under Article 82 GDPR is not affected.

12. Indemnification

If a third party brings a claim against Ephermal because your content or your use of the Service breaches these Terms or the law, and you are responsible for that breach, you will indemnify Ephermal against that claim and the reasonable costs of defending it.

13. Force Majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, including outages or policy changes at Meta, Google or Shopify, governmental action, cyberattacks or internet disruptions. The affected party will notify the other promptly. If such an event lasts more than 30 consecutive days, either party may terminate without penalty.

14. Data Export & Switching (EU Data Act)

• You can export your data as a machine-readable file from Settings at any time, free of charge.
• If you want to switch to another provider, tell us at hello@ephermal.app. We will complete the transition within 30 days after your notice period ends, and you can retrieve your data for at least 30 days after that.
• We charge no switching or data export fees.

15. Termination

You can cancel at any time with effect from the end of the current billing period. We may terminate with 30 days' notice, or immediately for good cause, such as a serious breach of these Terms or a legal or security risk. When your account closes your access ends and your data is deleted within 30 days, except records we must keep by law.

16. Governing Law & Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Kempen, Germany. Both parties will first try to resolve a dispute amicably for 30 days before going to court.

17. Changes to These Terms

We will give at least 14 days' notice of material changes by email or in the platform. If you object, you may cancel before the change takes effect. If you keep using the Service after that notice period without objecting, the revised Terms apply; we will point this out in the notice.

18. Contact

Questions and legal notices: hello@ephermal.app. Provider details: Impressum.