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This Privacy Policy ("Policy") explains how Passiv Solutions LLC ("Company," "we," "us," or "our") collects, uses, discloses, and protects your personal and business information when you visit our website, utilize our automated advertising software application, or interact with any of our marketing services (collectively, the "Service").
1.1 Effective Date. This Policy is effective as of May 27, 2026. We reserve the right to update or modify this Policy at any time to reflect changes in our data practices or legal obligations. If we make material changes, we will notify you by updating the "Last Updated" date at the top of this document or by sending a direct email notification to the address associated with your account.
1.2 Acceptance and Consent. By creating an account, submitting information to our waitlist, participating in beta testing, or otherwise utilizing the Service, you explicitly acknowledge that you have read and understood this Policy, and you consent to the collection, storage, use, and disclosure of your information as described herein. If you do not agree with these data practices, you must immediately discontinue use of the Service.
1.3 Scope and Third-Party Links. This Policy applies strictly to data collected directly by our platform or through our authorized integrations. Our Service connects to third-party digital advertising networks (including but not limited to Meta, Google, and TikTok), your data will also be subject to the respective privacy policies of those external platforms. We encourage you to review their policies independently, as we do not control and are not responsible for third-party privacy practices.
We collect several types of information from and about users of our Service to provide a seamless, automated advertising experience, process payments, and improve platform functionality. This information falls into three primary categories:
When you register for an account, join our waitlist, participate in beta testing, or interact with our platform, we may ask you to provide:
Account and Profile Information: Your name, email address, phone number, company name, business website URL, and account password.
Billing and Financial Data: Your credit card details, billing address, and transaction histories. All financial data is securely captured and processed by our third-party payment processor (e.g., Stripe, Apple Appstore, Google Play Store); we do not store raw credit card numbers on our servers.
User Content and Media Assets: Any text, image files, video files, audio tracks, brand logos, or other marketing materials you upload to the platform for the purpose of generating advertisements.
When you navigate through or interact with our website and software, we use automated data-collection technologies to track certain usage details, including:
Device and Technical Data: Your IP address, operating system, browser type, device identifiers, and internet service provider (ISP).
Usage and Interaction Metrics: Details of your visits to our platform, pages viewed, time spent on specific features, traffic data, system error logs, and performance diagnostics.
Cookies and Tracking Technologies: We utilize cookies, web beacons, and tracking pixels to authenticate your login sessions, remember your preferences, and analyze our website traffic. You can manage your cookie preferences through your individual browser settings.
Because our software automatically deploys and manages campaigns across external digital platforms, we connect to and collect data via APIs from third-party advertising networks, including but not limited to Meta (Facebook/Instagram), Google, and TikTok. This data includes:
Ad Account Metadata: Your third-party ad account IDs, business manager profiles, and tracking pixel configurations.
Campaign Performance Analytics: Impressions, clicks, conversions, click-through rates (CTR), and cost-per-click (CPC) metrics.
Ad Spend and Financial Tracking: Real-time data regarding your gross financial expenditures on these third-party networks, which is strictly necessary for us to manage your campaigns and accurately calculate our contractually agreed-upon 10% monthly overage fees.
We use the information we collect for specific, legitimate business purposes related to providing, maintaining, and improving our automated advertising platform. Specifically, we process your data for the following reasons:
We use your information to execute the core technical functions of our software, including:
We use your financial and third-party API data to manage the financial relationship between you and the Company, including:
To refine our software and provide better advertising performance over time, we use aggregated, de-identified data to:
We process technical and log data to protect our platform, our users, and third-party networks by:
We use your contact information to maintain an active line of communication with you, including:
We do not sell, rent, or trade your personal or business information to third parties for their independent marketing purposes. However, to operate our automated software and deliver the Service, we must share your data with specific categories of recipients under the strict conditions outlined below:
To fulfill the primary function of our software, we transmit your uploaded media assets (images, videos, text), target audience parameters, and campaign configurations to the third-party advertising networks you authorize. This includes, but is not limited to:
Once transmitted, this data is handled in accordance with the respective privacy policies and terms of service of those individual networks.
We share information with trusted third-party vendors, contractors, and service providers who perform essential infrastructure and administrative operational services on our behalf. These providers are contractually obligated to protect your data and use it solely to fulfill their duties to us. These services include:
We may disclose your information if we believe in good faith that such disclosure is strictly necessary to:
If the Company undergoes a business transition—such as a merger, acquisition, corporate reorganization, restructuring, bankruptcy, or the sale of all or a portion of its liquidation assets—your information (including user account details and historical campaign metrics) may be transferred as part of the evaluated or transferred business assets to the acquiring entity.
The security of your personal information and business media assets is a top priority for the Company. We implement a variety of industry-standard administrative, technical, and physical security measures designed to protect your data from unauthorized access, alteration, disclosure, or destruction. These measures include:
Please note: While we strive to use commercially acceptable means to protect your information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee its absolute security.
We will retain your personal information, account metadata, and campaign data only for as long as is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
Our retention timelines are governed by the following rules:
Upon the cancellation or termination of your account (as detailed in Section 6 of our Terms of Service), the Company will begin the process of purging your personal information and uploaded media files from our active databases within thirty (30) days.
Residual copies of your data may remain securely stored within our encrypted backup systems for an additional period (typically not exceeding 90 days) before being completely overwritten or permanently deleted.
Depending on your geographic location, you may possess specific legal rights regarding the personal information we collect, store, and process. We are committed to providing you with control over your data, regardless of your regulatory jurisdiction.
You have the right to access, review, and update your account profile information at any time. You can do this by logging into your account dashboard and navigating to the settings panel. If you identify inaccurate or incomplete data that you cannot update yourself, you may submit a correction request to privacy@passiv.app.
You have the right to request that we permanently delete your personal information and uploaded media assets from our systems. You can initiate a deletion request by contacting our privacy team.
Please note that exercising this right is subject to the following conditions:
If you no longer wish to receive promotional emails, newsletters, or platform update announcements from us, you can opt out at any time. You can do this by:
Note: Opting out of marketing communications will not stop critical operational or transactional emails, such as billing receipts, overage alerts, password reset links, or security notifications.
Most web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove or reject browser cookies. Please be aware that removing or rejecting cookies could negatively affect the availability and functionality of our software platform and dashboard interface.
To exercise any of your rights regarding data access, portability, correction, or deletion, please submit a formal written request to privacy@passiv.app with the subject line "Data Rights Request." To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes to your data. We will respond to your verified request within the legally mandated timeframe for your jurisdiction (typically thirty days).
7.1 Age Restriction. The Service is strictly intended for use by business professionals, entities, and individuals who are at least eighteen (18) years of age or older, as specified in Section 1.4 of our Terms of Service. The Company does not knowingly target, market to, or collect personal information from children or minors under the age of 18.
7.2 Prohibition on Underage Data. Minors under the age of 18 are expressly prohibited from registering for an account, joining our waitlist, participating in beta testing, or submitting any personal information, media assets, or business data to the platform.
7.3 Detection and Deletion. If we discover or are notified that we have inadvertently collected personal information from an individual under the age of 18, we will take immediate steps to delete that information from our active databases and permanently terminate the associated user account without notice.
7.4 Reporting Violations. If you are a parent, legal guardian, or business associate and believe that a minor under the age of 18 has created an account or submitted personal data to our platform, please contact our privacy team immediately at privacy@passiv.app so that we may investigate and promptly purge the data from our systems.
8.1 Right to Modify. The Company reserves the right, at our sole discretion, to update, revise, or modify this Privacy Policy at any time to reflect changes in our data processing practices, operational requirements, or evolving privacy laws.
8.2 Notification of Changes. When updates are made, we will revise the "Last Updated" date at the top of this Policy. If we make material changes to how we collect, use, or share your personal or business information, we will provide you with prominent notice before the changes take effect. This notice may be delivered by:
8.3 Review of Updates. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting the data we collect. Your continued use of the Service after the effective date of any posted modifications constitutes your formal acknowledgement and acceptance of the updated Privacy Policy. If you do not agree to the revised terms of the Policy, you must stop using the Service and close your account.
9.1 Governing Law. This Policy and any dispute arising out of or relating to it, including their formation, interpretation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
9.2 Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact us at support@passiv.app and attempt to resolve the dispute informally for a period of at least thirty (30) days. Both parties agree to negotiate in good faith to resolve the matter amicably.
9.3 Binding Arbitration. If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to this Policy shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be held in Illinois, unless otherwise agreed by both parties. Each party shall bear its own costs and fees associated with the arbitration, unless the arbitrator determines that a party's claim or defense was frivolous.
9.4 Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against the Company.
9.5 Confidentiality of Proceedings. The arbitrator shall maintain the confidentiality of the arbitration proceedings, including the hearing, any documents exchanged, and the award or decision rendered, except as may be necessary to enforce the award or as required by applicable law.
10.1 How to Contact Us. If you have any questions, concerns, comments, or complaints about this Privacy Policy, our data collection practices, or if you wish to exercise any of your data rights and choices outlined in Section 6, please contact our designated privacy team through the email: privacy@passiv.app.
10.2 Verification Requirement. For your security, any formal data access or deletion requests sent via email must be sent from the email address associated with your active user account. We reserve the right to request additional information to verify your identity before processing requests regarding sensitive business or personal data.
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "User") and Passiv Solutions LLC ("Company," "we," "us," or "our"), concerning your access to and use of the passiv.app website and automated advertising software application (collectively, the "Service").
1.1 Acceptance. By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.
1.2 Modifications to Terms. We reserve the right, in our sole discretion, to change, modify, or update these Terms at any time. We will notify you of any material changes by updating the "Last Updated" date at the top of these Terms or via email. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
1.3 Age Eligibility. The Service is intended solely for users who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are at least 18 years old and possess the legal capacity to enter into a binding contract.
1.4 Business Representation. If you are using the Service on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you have the proper legal authority to bind that entity to these Terms. In such a scenario, "you" and "your" will refer to both the individual user and the entity.
1.5 Waitlist Registration. By submitting your name, email address, or business information to join our pre-launch waitlist ("Waitlist"), you agree to be bound by these Terms where applicable, including our Privacy Policy. You acknowledge and agree that:
1.6 Beta Testing and Confidentiality Obligations (Beta NDA). The Company may invite select users to participate in closed testing of pre-release, alpha, or beta versions of the software ("Beta Services"). If you participate in any Beta Services, you agree to the following strict confidentiality requirements:
The initial wave of Beta Testers will be released from this NDA 1 week prior to launch. The precise date will be determined solely by the Company.
2.1 Subscription Plans and Fees. By purchasing a subscription to the Service, you agree to pay the Company the subscription fees indicated for your selected plan. Subscription fees are billed in advance on a recurring basis (e.g. monthly or annually) depending on the billing cycle you choose at the time of purchase. We reserve the right to modify our subscription fees at any time, but any price changes will be communicated to you in advance and will only apply to subsequent billing cycles.
2.2 Automatic Renewal. To ensure uninterrupted access to the Service, your subscription will automatically renew at the end of each billing cycle through a third-party payment processor (e.g., Stripe, Apple Appstore, Google Play Store). Your designated payment method will be automatically charged the then-current fee for your subscription plan, unless you cancel your subscription before your current billing period ends.
2.3 Free Trials and Promotional Offers. The Company may offer free trial periods or promotional subscription rates. If you enroll in a free trial, your trial will last for the duration specified during registration. Unless you cancel your subscription before the final day of your free trial, you will automatically be charged the standard subscription fee for the selected plan upon expiration of the trial.
2.4 Overage Fees (Ad Spend Percentage). If your cumulative gross ad spend across all campaigns managed by the Service exceeds $10,000.00 USD in a single billing month, you agree to pay an additional fee equal to 10% of the amount spent over that $10,000.00 threshold (the "Overage Fee").
2.5 Ad Spend, Calculation, and Timing of Overage Fees. Gross ad spend is tracked and calculated based on data pulled directly from the third-party ad network APIs (e.g., Meta, Google, TikTok, X, Demand Gen, ect.). Charges for advertising go directly through the third-party ad networks. Overage Fees are calculated dynamically and will be billed to your payment method on file. The Company reserves the right to bill Overage Fees at the end of your monthly billing cycle.
2.6 Cancellation Policy. You have the right to cancel your subscription to the Service at any time.
Upon cancellation, you will retain access to all premium features of the Service until the end of your current paid billing period. After that period expires, your subscription will not renew, and your account will be frozen and lose access to all features.
2.7 Refund Policy. Except as strictly required by applicable local laws, all subscription fees are non-refundable. We do not issue refunds or credits for partial subscription periods, unused features, or accidental renewals.
3.1 Ownership of User Content. As between you and the Company, you retain all ownership rights, intellectual property rights, and title to any text, images, videos, audio, logos, or other media you upload, submit, or transmit through the Service (collectively, "User Content").
3.2 License for Core Service Delivery. By uploading User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, adapt, optimize, distribute, and display such User Content solely for the purpose of providing, operating, and maintaining the Service, including generating and deploying advertising campaigns on third-party networks.
3.3 License for Indirect Commercial and Marketing Use. In addition to the license granted in Section 3.2, you grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, and display portions of your User Content, completed ad creatives, and performance data for the Company's indirect commercial purposes. This includes, but is not limited to:
3.4 Attribution Waiver. To the extent permitted by law, you waive any "moral rights" or rights of attribution or integrity in the User Content concerning the Company's indirect commercial uses outlined in Section 3.3. The Company will make reasonable efforts to avoid disclosing sensitive proprietary business metrics unless agreed upon separately in writing.
3.5 User Representations and Warranties. By uploading User Content, you represent and warrant that:
4.1 Third-Party Ad Network Policies. The Service operates by integrating with third-party advertising platforms, including but not limited to Meta (Facebook and Instagram), Google, TikTok, X, Demand Gen and all other programs or platforms that may be added in the future (collectively, "Ad Networks"). You explicitly agree to comply with all terms, conditions, community guidelines, and advertising policies established by these Ad Networks. The Company is not responsible for any changes to, or enforcement of, third-party policies.
4.2 Prohibited Content Categories. You are strictly prohibited from uploading, generating, or attempting to distribute User Content that falls into any of the following categories:
4.3 Right to Monitor and Pre-Screen. The Company reserves the right, but does not assume the obligation, to monitor, review, pre-screen, flag, or filter any User Content uploaded to the platform. We may use automated systems or manual review to detect violations of this Section.
4.4 Rejection and Removal of Content. If the Company, in its sole discretion, determines that any User Content violates these Terms, violates Ad Network policies, or poses a reputational or financial risk to the Company, we reserve the right to:
4.5 Accountability and Network Account Bans. If an Ad Network flags, suspends, or permanently bans your ad account, business manager, or our platform's connection to your account due to your non-compliant User Content, you bear sole responsibility. The Company shall have no liability for any lost revenue, wasted ad spend, or operational disruptions resulting from third-party enforcement actions.
4.6 Account Termination for Violations. Repeated or severe violations of this Section will result in the immediate suspension or permanent termination of your account and access to the Service. In the event of termination under this Section, you will forfeit any remaining balance of your subscription, and no refunds will be issued.
5.1 "As Is" and "As Available" Service. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties of any kind, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
5.2 No Guarantee of Advertising Performance or Results. You explicitly acknowledge and agree that marketing and advertising are inherently unpredictable industries. The Company makes absolutely no guarantees, representations, or warranties regarding the outcome of any advertising campaigns deployed through the Service. This includes, but is not limited to:
5.3 Third-Party Platform Vulnerabilities. The Service relies heavily on Application Programming Interfaces (APIs) provided by third-party networks (e.g., Meta, Google, TikTok, Etc.). The Company shall not be held liable for any damages, losses, or disruptions resulting from:
5.4 Exclusion of Consequential Damages. To the maximum extent permitted by law, in no event shall the Company, its directors, employees, partners, or agents be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, without limitation, loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses arising out of or relating to your use of—or inability to use—the Service, even if we have been advised of the possibility of such damages.
5.5 Liability Cap. Notwithstanding anything to the contrary contained herein, the Company's cumulative, total liability to you for any cause whatsoever, and regardless of the form of the action (whether in contract, tort, or otherwise), will at all times be limited to the lesser of:
6.1 Term. These Terms will remain in full force and effect while you use the Service or maintain an active account with the Company.
6.2 Termination by User (Cancellation). You may terminate your account and cancel your subscription at any time through your account dashboard or by contacting our customer support team at support@passiv.app. To avoid being billed for the subsequent billing cycle, you must submit your cancellation request at least forty-eight (48) hours prior to your next scheduled renewal date.
6.3 Effect of User Cancellation. Upon cancellation by the User:
6.4 Termination and Suspension by Company. the Company reserves the right, in its sole discretion and without prior notice or liability, to deny access to, suspend, or terminate your account (including blocking certain IP addresses) for any reason, including but not limited to:
6.5 Effect of Company Termination. If the Company terminates or suspends your account for cause:
6.6 Data Retention Post-Termination. Following the termination or cancellation of your account, the Company is under no obligation to maintain, store, or forward any User Content or campaign performance data. We reserve the right to permanently delete your data from our active systems in accordance with our Privacy Policy and applicable data laws.
6.7 Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Section 2 (Fees and Non-Refundability), Section 3 (Licenses for Product Improvement), Section 5 (Limitation of Liability), and Section 7 (Governing Law and Dispute Resolution).
7.1 Governing Law. These Terms and any dispute arising out of or relating to them, including their formation, interpretation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
7.2 Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact us at support@passiv.app and attempt to resolve the dispute informally for a period of at least thirty (30) days. Both parties agree to negotiate in good faith to resolve the matter amicably.
7.3 Binding Arbitration. If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be held in Illinois, unless otherwise agreed by both parties. Each party shall bear its own costs and fees associated with the arbitration, unless the arbitrator determines that a party's claim or defense was frivolous.
7.4 Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against the Company.
7.5 Confidentiality of Proceedings. The arbitrator shall maintain the confidentiality of the arbitration proceedings, including the hearing, any documents exchanged, and the award or decision rendered, except as may be necessary to enforce the award or as required by applicable law.