Terms of Service

1. Acceptance of Terms

By accessing or using this website (eliteads.ai), engaging us for services, or communicating with us through any channel including SMS, email, messaging platforms, video call or in-person meetings, you agree to be bound by these Terms of Service ("Terms") and all applicable Australian laws and regulations.

In these Terms, "we", "us", "our" and "Elite Ads" refer to CavallaroMedia Pty Ltd ABN 85 689 897 970, trading as Elite Ads & AI Automation. "You", "your" and "Client" refer to the individual or business engaging with our website or services.

If you do not agree with any part of these Terms, you must not use our website or services. These Terms operate alongside any signed services agreement, statement of work, or proposal between us. If there is a conflict between these Terms and a signed agreement, the signed agreement takes precedence to the extent of the inconsistency.

2. Description of Services

Elite Ads provides digital marketing, advertising management, consulting, analytics, automation, conversion tracking implementation, email and SMS marketing setup, AI-assisted marketing services, and related strategic services to businesses, primarily in e-commerce and service-based industries.

Services may include but are not limited to:

Paid advertising management on Meta (Facebook and Instagram), Google, LinkedIn, TikTok, and other advertising platforms; performance analysis and reporting; conversion tracking implementation including server-side tracking, Meta Conversions API, Google Enhanced Conversions and cross-domain attribution; email and SMS marketing setup and optimisation on platforms including Klaviyo, Mailchimp and similar; funnel, landing page and conversion strategy; marketing audits and strategy consultations; AI-assisted marketing tools, agents, automations and workflows; creative production including image, video, copy and AI-generated assets; and CRM setup, integration and automation.

All services are provided on a best-efforts, performance-driven basis. No specific revenue, profit, lead volume, return on ad spend or business outcome is guaranteed unless explicitly stated in a written agreement signed by both parties.

3. Eligibility

You must be at least 18 years old and legally capable of entering binding agreements to use this website or our services. By engaging Elite Ads, you confirm that:

You have the authority to act on behalf of the business or entity being represented. All information provided is accurate, complete and lawful. Your business complies with applicable advertising laws, consumer protection laws, industry regulations, and platform policies. You hold all necessary licences, registrations and permissions to operate your business and to advertise your products or services.

4. Fees, Payments and Billing

Fees for services are outlined in written proposals, service agreements, statements of work, invoices, or subscription terms. Unless otherwise agreed in writing:

All fees are quoted exclusive of GST and other applicable taxes. Setup fees, retainer fees and one-off project fees are payable in advance. Monthly retainers are billed in advance on the same day each month. Advertising spend is paid directly by you to the advertising platform unless we agree in writing to manage spend on your behalf. Payments are non-refundable once services have commenced or work has been performed, except where required by the Australian Consumer Law.

Late payments may result in service suspension after seven days' written notice. We may charge interest on overdue invoices at the rate prescribed under the Penalty Interest Rates Act 1983 (or equivalent) and recover reasonable collection costs. We reserve the right to adjust pricing with 30 days' written notice for ongoing engagements.

5. Performance, Results and Guarantees

Marketing performance depends on many factors outside our control, including market conditions, competition, product quality and pricing, website performance, fulfilment capacity, client responsiveness, advertising platform policies and algorithm changes, and external economic conditions.

Except where a written guarantee is explicitly provided in a signed agreement, we do not guarantee revenue, profit, lead volume, return on ad spend, cost per acquisition, conversion rates, business growth, search rankings, or any other specific outcome.

Any case studies, testimonials or examples shown on our website or marketing materials are illustrative of past results for specific clients in specific circumstances. They are not promises or representations of future performance for your business.

Nothing in this section limits or excludes any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be limited or excluded.

6. Client Responsibilities

You agree to provide accurate business information; supply required assets, approvals and access in a timely manner; maintain lawful products, claims, pricing and fulfilment; comply with advertising platform policies and applicable regulations; review and approve campaigns, creative and copy in a timely manner; respond to leads, enquiries and customers generated by our services in a timely and professional manner; maintain accurate tracking, analytics and CRM data; and ensure your privacy policy and disclosures are compliant with the Privacy Act 1988 (Cth), including the new APP 1.7 to 1.9 obligations commencing 10 December 2026.

We are not responsible for product legality or substantiation of product claims, inventory shortages or fulfilment delays, customer service issues, website outages or technical failures on your systems, payment processor problems, your handling of leads or customer data once delivered, or losses arising from your failure to comply with platform policies or applicable laws.

7. AI-Generated Content and AI-Assisted Services

Some of our services use artificial intelligence, machine learning and automation tools. These tools may include but are not limited to large language models (such as those provided by Anthropic, OpenAI and Google), AI image and video generation tools, AI-driven advertising platforms (including Meta Advantage+ and Google Performance Max), and AI-powered analytics and reporting.

You acknowledge that:

AI-generated outputs may contain errors, inaccuracies, biases or content requiring human review before publication. You are responsible for reviewing and approving all AI-generated deliverables (including copy, creative, images and recommendations) prior to publication or use. We make no representation that AI-generated content is free from third-party intellectual property issues, and you are responsible for final clearance of any deliverable before use. AI-driven advertising platforms make automated decisions about your campaigns (targeting, bidding, placement, creative variants) that are not within our direct control, and we are not liable for outcomes determined by those platforms' algorithms.

Where AI tools are used to deliver services to you, our use of those tools is disclosed in our Privacy Policy in accordance with APP 1.7 to 1.9.

8. Spam Act, SMS, Messaging and A2P Compliance

By submitting your contact details or opting into communication from Elite Ads, you consent to receive service-related messages, marketing communications, appointment reminders, onboarding information and promotional offers via email, SMS, WhatsApp, and similar channels.

Message frequency may vary. Standard message and data rates may apply. You may opt out at any time by replying STOP to SMS, replying UNSUBSCRIBE to WhatsApp messages, using unsubscribe links in emails, or contacting us at info@eliteads.ai.

We comply with the Spam Act 2003 (Cth), applicable Australian privacy laws, and Application-to-Person (A2P) messaging regulations. We will never sell your personal information to third parties. Our full data handling practices are set out in our Privacy Policy at https://eliteads.ai/privacy-policy.

9. Intellectual Property

10. Confidentiality

Both parties agree to keep confidential, and not disclose to third parties, any non-public information shared during the engagement, including business strategies, marketing data, financial information, customer lists, supplier information, proprietary processes, pricing and trade secrets.

This obligation continues for three years following the end of the engagement. It does not apply to information that is publicly available, was already known to the receiving party, is independently developed without reference to the disclosed information, or is required to be disclosed by law or regulator.

11. Australian Consumer Law and Statutory Rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded, restricted or modified.

To the extent permitted by the Australian Consumer Law, our liability for breach of any non-excludable consumer guarantee is limited, at our option, to re-supplying the services, or paying the cost of having the services re-supplied.

12. Limitation of Liability

Subject to clause 11 (Australian Consumer Law), to the maximum extent permitted by law:

We are not liable for indirect, consequential, special, incidental, punitive or exemplary losses, including loss of revenue, loss of profit, loss of business opportunity, loss of goodwill, business interruption, advertising platform account suspensions or restrictions, actions or omissions of third-party platforms or service providers, or data loss beyond our reasonable control.

Our total aggregate liability for all claims arising out of or in connection with our services is limited to the amount you paid us for services in the three months immediately preceding the event giving rise to the claim, or AUD $5,000, whichever is greater.

This limitation applies whether the claim is in contract, tort (including negligence), under statute, or any other legal basis.

13. Third-Party Platforms

Our services rely on external platforms, including Meta (Facebook and Instagram), Google, LinkedIn, TikTok, Klaviyo, Mailchimp, Shopify, GoHighLevel, payment processors, hosting providers, analytics providers, and AI service providers including Anthropic, OpenAI and Google.

You acknowledge that we have no control over these platforms and are not responsible for their policy changes, fee changes, account suspensions or restrictions, algorithm or product updates, platform outages or service interruptions, data loss or security incidents at the platform level, or removal of features or capabilities.

You are responsible for maintaining your own accounts with these platforms and for compliance with their terms of service and policies.

14. Termination

15. Privacy

Your use of our website and services is also governed by our Privacy Policy, available at https://eliteads.ai/privacy-policy. The Privacy Policy includes our disclosures under APP 1.7 to 1.9 regarding automated decision-making and AI used in our services.

16. Disengagement and Data Handover

On termination of services, and subject to all outstanding invoices being paid, we will, within 30 days, provide you with:

• Access to or copies of advertising creative, copy and assets produced specifically for your business.
• A summary of campaign data, audiences and tracking configurations to the extent reasonably available.
• Removal of our access from your accounts where requested.
• Return or secure deletion of your confidential information.

We are not required to transfer our proprietary frameworks, prompts, AI agents, automations, internal templates or methodology documents. Where third-party platforms (such as Meta or Google) require account ownership transfers, you are responsible for completing those transfers on those platforms.

17. Force Majeure

Neither party is liable for failure or delay in performing obligations under these Terms to the extent that such failure or delay is caused by events beyond reasonable control, including natural disasters, pandemics, government actions, war, terrorism, civil unrest, cyber attacks, internet outages, or platform-level failures of third-party providers.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia for any dispute arising out of or in connection with these Terms.

19. Dispute Resolution

Before commencing legal proceedings (other than for urgent injunctive relief), the parties agree to attempt to resolve any dispute through good faith negotiation, including a meeting between authorised representatives within 21 days of written notice of the dispute.

20. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, the services we offer, or the law. The "Last updated" date at the top of these Terms will indicate when the most recent changes were made. For existing clients, material changes will be notified by email at least 14 days before taking effect. Continued use of the website or services after the effective date of changes constitutes acceptance of the updated Terms.

21. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms without our written consent. These Terms, together with any signed agreement, constitute the entire agreement between the parties.

22. Contact Information

CavallaroMedia Pty Ltd Trading

Website: https://eliteads.ai

Email: info@eliteads.ai

Phone: +61 489 070 000

Postal address: Level 5/61 Market St, Sydney NSW 2000, Australia