TERMS AND CONDITIONS
The Fine Print
Welcome to the website of ON Advertising LLC (hereinafter collectively referred to as “ON Advertising,” “we,” “us,” or “our,”). We are an advertising and creative agency based in Phoenix, Arizona and Albuquerque, New Mexico.
By accessing our website located at https://onadvertising.com/ (the "Site") or engaging with our services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and ON Advertising. By using our Site, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.
2. Intellectual Property Rights
2.1 Our Content:
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the ON Advertising logo, and all designs, text, graphics, pictures, information, data, software, and sound files (collectively, "Site Content") are the proprietary property of ON Advertising or our licensors and are protected by U.S. and international copyright laws.
2.2 Limited License:
You are granted a limited, non-sublicensable license to access and use the Site for your informational, non-commercial use only.
3. Services and Engagement
While this Site provides information about our capabilities, any specific advertising, marketing, or creative services we provide to you will be governed by a separate Master Services Agreement (MSA) or Statement of Work (SOW) signed by both parties. In the event of a conflict between these website Terms and a signed MSA/SOW, the terms of the signed MSA/SOW shall control.
4. User Conduct
You agree not to use the Site or our services to:
- Violate any local, state, national, or international law.
- Infringe upon the rights of others, including
- intellectual property rights. Distribute viruses or other harmful computer code.
5. Privacy Policy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy for information on how we collect, use, and share your information.
6. AI Policy and Usage
ON Advertising embraces innovation to deliver high-quality creative work efficiently. We utilize various Artificial Intelligence ("AI") and Machine Learning tools in our internal workflows and creative processes.
6.1 Tools We Use:
We currently utilize AI tools including, but not limited to, Google Gemini, OpenAI (ChatGPT), The Brief, Waldo.fyi, Adobe Firefly, ElevenLabs, Kling AI, and Midjourney. We use these tools to assist with:
- Ideation and brainstorming.
- Drafting and editing copy.
- Generating and manipulating audio
- Generating visual concepts and storyboards.
- Data summarization and research.
6.2 Human Oversight:
We believe in "Human-in-the-Loop" processes. While AI assists us, it does not replace our professional judgment. All AI-generated content is reviewed, edited, and vetted by our human team members before being delivered to a client or published.
6.3 Accuracy Disclaimer:
AI tools can occasionally produce "hallucinations" or inaccurate information. While we strive for accuracy, ON Advertising makes no warranties regarding the absolute accuracy of AI-generated drafts or research. Users and clients should independently verify critical facts.
6.4 Intellectual Property of AI Output:
Current U.S. copyright law regarding AI-generated content is evolving. Generally, raw content created entirely by AI may not be copyrightable. However, the creative choices, prompts, and subsequent edits made by our human team typically afford our work protection.
- For Clients: Specific ownership rights of deliverables that utilize AI will be outlined in your Master Services Agreement (MSA).
6.5 Data Privacy & Training:
We respect your confidentiality. We do not input client Confidential Information (as defined in our MSA) into public AI models that use such data for training purposes, unless we have:
- Obtained your express permission; or
- Utilized an "Enterprise" or "Business" tier of the tool that guarantees data is not used for model training (e.g., ChatGPT Team/Enterprise).
7. Limitation of Liability
To the fullest extent permitted by applicable law (including the laws of the State of Arizona), ON Advertising shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Site or reliance on any information provided herein.
8. Indemnification
You agree to defend, indemnify, and hold harmless ON Advertising and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
9. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Maricopa County, Arizona, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
10. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will post the amended Terms to this page and update the "Last Updated" date. Your continued use of the Site confirms your acceptance of these changes.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Email: info@onadvertising.com Phone: 480-705-6623 ON Advertising LLC 1 E Washington St #300 • Phoenix, AZ 85004