Terms and Conditions

1. What This Website Offers

brianmccreadie.com provides creative strategy services for advertising and marketing, along with free AI-powered tools designed to help with creative production tasks.

The free tools available on this website, including the Ad Resizer, use artificial intelligence to assist with creative tasks. These tools are provided as a resource for marketing professionals and are not a substitute for professional creative judgment.

2. Free Tools Usage

The free tools on brianmccreadie.com, such as the Ad Resizer, are available for anyone to use for legitimate business and creative purposes.

• No account required: You can use the free tools without creating an account.
• No storage: Images and content you process through our tools are not saved or stored on our servers.
• AI-powered: The Ad Resizer tool uses Google's Gemini AI models to process and generate images.
• Fair use: Please use the tools responsibly and avoid excessive automated requests.

3. Intellectual Property

• Your inputs remain yours: Any images, information, or content you provide to the tools remains your property.
• AI outputs belong to you: Creative content generated by the tools belongs to you. You have full commercial usage rights.
• Your responsibility: You're responsible for ensuring any content you publish doesn't infringe on others' intellectual property rights.
• Website ownership: The website, tools, code, design, and underlying systems remain the property of Brian McCreadie.
• Pre-existing IP: Any intellectual property, frameworks, or methodologies that existed prior to any engagement remain the property of Brian McCreadie.
• Deliverables: For paid services, deliverables transfer to the client only upon full payment, unless otherwise agreed in writing.
• Portfolio rights: Brian McCreadie may display non-confidential work in portfolios and marketing materials unless explicitly restricted in writing.

4. AI-Generated Content: What to Expect

The tools on this website use AI to generate creative content. Here's what you should know:

• Production-ready outputs: The tools are designed to produce usable creative work.
• Review before publishing: While outputs are designed to be production-ready, you should still review all content before publishing. AI can occasionally produce content that needs refinement.
• Compliance is your responsibility: You're responsible for ensuring any advertising content complies with relevant regulations (ASA, FTC, platform policies, etc.).
• No guarantees of performance: While we aim to provide high-quality outputs, we can't guarantee specific results or advertising performance.

5. No Guarantees / Disclaimer of Warranties

The website, tools, and services are provided "as is" and "as available" without warranties of any kind, either express or implied.

• No guarantees are made regarding performance, results, outcomes, revenue, ROAS, or advertising success.
• Past results or case studies do not guarantee future performance.
• AI outputs may vary in quality and may not always meet expectations.
• We do not warrant that the services will be uninterrupted, error-free, or secure.

6. Acceptable Use

When using this website and its tools, you agree to:

• Use them for legitimate business and creative purposes
• Not generate illegal, harmful, discriminatory, or deliberately deceptive content
• Not attempt to reverse-engineer, copy, or misuse the systems
• Not use automated tools to overload or scrape the service

7. Platform Dependency

This website and its tools rely on third-party platforms and services to function, including but not limited to Meta, Google, and hosting providers.

• We are not responsible for outages, downtime, or service interruptions caused by third parties.
• We are not responsible for policy changes, API changes, or terms updates made by third-party platforms.
• We are not responsible for account actions, suspensions, or restrictions imposed by third-party platforms on your accounts.
• Service availability depends on these third parties and is not guaranteed.

8. Third-Party Services

The tools rely on third-party services to function:

• Google Gemini AI: Powers image generation and processing in the Ad Resizer tool.
• Vercel: Hosts the website infrastructure.

These services have their own terms that apply to their respective functions.

9. Limitation of Liability

• The tools are provided "as is" without warranties of any kind.
• We don't guarantee uptime, availability, or uninterrupted service.
• Brian McCreadie is not liable for business decisions made based on AI-generated outputs.
• Brian McCreadie is not liable for advertising performance, campaign results, or any damages arising from use of the generated content.
• Brian McCreadie is not liable for any indirect, incidental, special, consequential, or punitive damages, regardless of cause.
• To the maximum extent permitted by law, total liability for any claims arising from use of this website or services is limited to the amount you paid (if any) in the six months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Brian McCreadie from any claims, damages, losses, or expenses (including legal fees) arising from:

• Content you upload or provide to the tools
• Materials you create using the services
• Your misuse of the tools or services
• Your violation of these terms
• Your violation of any laws or third-party rights

11. Independent Contractor

Use of this website or engagement for services does not create a partnership, employment relationship, joint venture, or agency relationship between you and Brian McCreadie. Brian McCreadie operates as an independent contractor.

12. Termination

Access to the free tools may be terminated or suspended at any time, for any reason, without notice. For paid services:

• Either party may terminate an engagement with written notice as specified in any service agreement.
• Upon termination, fees for work completed remain due and payable.
• Work-in-progress and deliverables will be handled according to any applicable service agreement.

13. Governing Law and Venue

These terms are governed by the laws of the State of Florida, United States. Any disputes arising from these terms or your use of the website must be brought in the state or federal courts located in Florida, and you consent to the jurisdiction of such courts.

14. Force Majeure

Brian McCreadie is not liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to natural disasters, internet outages, third-party service failures, or government actions.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Brian McCreadie regarding use of this website and services.

17. Changes to Terms

These terms may be updated from time to time. We'll update the "Last updated" date when changes are made. Continued use of the website after changes constitutes acceptance of the updated terms. Features may also be added, changed, or removed as the website evolves.

18. Contact

For questions about these terms, please contact Brian McCreadie through the website.

Principal place of business: Florida, United States

Last updated: January 2025