Terms of Service for Click Fraud Protection

Terms of Service Details

These Terms of Service (“Terms”) govern your access to and use of the SeaBird Taylon service (the “Service”), provided by SeaBird Solutions, LLC (“SeaBird,” “we,” “us,” or “our”), including the website at https://seabirdtaylon.com. By accessing or using the Service, you agree to these Terms. If you represent an entity, you warrant that you have authority to bind it.

0. Definitions

“Customer” means the organization or person accepting these Terms. “Customer Data” means data you submit to or collect through the Service (including data captured by the Collector script). “Output Data/Reports” means analytics, classifications, and results generated by the Service for Customer. “Authorized Users” means individuals you permit to access your account. “Personal Information” has the meaning given in applicable privacy laws. “Subprocessor” means a third party engaged by SeaBird to process Personal Information on SeaBird’s behalf.

1. Service Description

The Service provides click fraud protection for Google Ads, including analysis, IP blocking, and automated syncing via OAuth. Features like the “Collector” require you to deploy our JavaScript on your sites. We are not affiliated with Google; results vary and are not guaranteed.

2. Eligibility and Accounts

You must be 18+ and provide accurate information to create an account. You are responsible for account security and all activities under it.

2A. Authorized Users

Only Authorized Users may access the Service under your account, and solely for your internal business purposes. You remain responsible for their compliance with these Terms.

3. Fees and Payment

All plans have a 3-month minimum term and are billed quarterly or annually in advance via Stripe. Annual billing includes 2 months free. Subscriptions are prepaid; no partial refunds. Cancellations take effect at the end of the current term. Overdue amounts may accrue interest at 1.5% per month or the maximum allowed by law. We may change pricing with reasonable notice; changes apply to the next billing cycle.

3A. Trials, Taxes, Chargebacks, and Plan Changes

Unless stated otherwise, taxes and duties are your responsibility. Upgrades may take effect immediately; downgrades at the next term. If a payment is reversed or charged back, we may suspend the Service until resolved.

4. User Obligations

• Comply with all laws and advertising platform policies; obtain and maintain all legally required notices and consents for data collection via the Collector.
• Do not misuse the Service (e.g., reverse engineer, interfere with, or overload the Service; attempt to block known-valid traffic; use for illegal purposes).
• Grant us a limited license to use Customer Data to provide, secure, support, and improve the Service.
• Indemnify us against claims arising from Customer Data, your use of the Service, or your violations of these Terms.

4A. Platform Compliance & Acceptable Use

Your use with Google Ads and related APIs must comply with applicable platform terms and access-level restrictions tied to developer tokens. We may suspend features or access if required to comply with platform rules, if tokens are restricted, or upon suspected abuse. Prohibited uses include bypassing rate limits, scraping or unauthorized automated actions against third-party services, and security testing without prior written consent.

5. Intellectual Property

We own all rights to the Service, including software, dashboards, and trademarks. Subject to these Terms, you receive a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term. You retain your rights in Customer Data and Output Data/Reports.

6. Data Processing (Service Provider/Processor)

As to Customer Data that includes Personal Information, SeaBird acts as your service provider/processor and will process such data only on your documented instructions to provide and improve the Service; will not sell or share Personal Information; will not combine Personal Information with other data except as permitted for service delivery; will ensure personnel confidentiality; will flow down obligations to Subprocessors; will assist with requests from individuals and regulators as legally required; and will, upon termination or request, delete or return Personal Information, subject to lawful retention.

International transfers will rely on valid mechanisms (e.g., Standard Contractual Clauses) where applicable. We maintain a list of Subprocessors and will provide notice of material changes. Our Data Processing Addendum (DPA) is incorporated by reference.

6A. Consent Mode v2 & Tagging Obligations

Where required (e.g., EEA/UK), you will implement a compliant consent interface and configure tags/Consent Mode v2 so consent states are accurately passed to Google and SeaBird. If you deny or fail to pass consent, certain features may be limited or disabled.

6B. Security and Incidents

We implement appropriate technical and organizational measures (including encryption in transit, access controls, and logging) to protect Personal Information. In the event of a security incident involving Personal Information, we will notify you without undue delay, describe known details, and take reasonable steps to mitigate. You agree to cooperate with us as reasonably requested.

6C. Data Retention and Deletion

SeaBird operates an automated purge job approximately every 24 hours that deletes or de-identifies data reaching the retention thresholds below, unless a longer retention period is required by law or reasonably necessary to resolve an active dispute or investigate abuse:

• Visit Logs (raw event/collector logs): retained for 90 days.
• Visits (summarized visit records/aggregations): retained for 120 days.
• Fraud Verdicts/Classifications: retained for 14 days.
• Block Candidates (potential IPs/users/devices flagged for blocking): retained for 120 days (purging enabled).

Derived reports and metrics generated from the foregoing datasets follow the retention of their underlying source category unless otherwise specified in an order form or the Documentation.

Upon termination of the Service or upon your written request, SeaBird will delete or de-identify Personal Information in Customer Data within 30 days, subject to any lawful retention obligations and the limited retention described above for audit, security, and dispute-resolution purposes.

7. Service Availability

The Service may experience outages, disruptions, or errors. We do not guarantee uninterrupted, secure, or error-free access, or that defects will be corrected. For plans with SLAs (e.g., Scale), refer to your subscription agreement for details.

7A. Fair Use & Rate Limits

We may apply reasonable rate limits, throttling, or quotas to protect platform stability. We’ll use commercially reasonable efforts to notify you about persistent over-consumption and propose mitigations or plan adjustments.

7B. Service Changes & Deprecations

We may modify or discontinue non-core features. Where practicable, we will give 30 days’ advance notice of changes that materially reduce functionality or require updates to your Collector deployment.

7C. Support; SLA Reference

Unless agreed otherwise, standard support is provided during business hours (Mon–Fri, excluding U.S. holidays) with a target first response time of one business day. Any uptime targets, exclusions, and credits are governed by the applicable SLA for your plan.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEABIRD AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Nothing in these Terms is intended to disclaim, waive, or limit any non-waivable consumer rights or remedies under applicable law.

8A. Third-Party Services

Third-party services (e.g., Google) are provided by their respective providers “as is” and subject to their terms. We are not responsible for their performance, availability, or changes that may affect the Service.

9. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEABIRD OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEABIRD’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SEABIRD FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms limits liability for willful misconduct or gross negligence, or where such limitation is prohibited by law.

9A. Exclusive Remedies

To the extent permitted by law, your exclusive remedies for any service issues are those expressly described in these Terms, any applicable SLA, or a refund of prepaid fees for the unused portion of the term, as applicable.

10. Termination

We may suspend or terminate your access for breach of these Terms, with or without notice. Upon termination, your right to use the Service ends, and we may delete your data as described in Section 6C.

10A. Effect of Termination; Data Export

During the term and for a limited time after termination, we may provide commercially reasonable tools or assistance to export certain Output Data/Reports in commonly used formats, subject to your account being in good standing.

11. Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of laws principles. Disputes will be resolved exclusively in the state or federal courts located in Baltimore, Maryland, and you consent to personal jurisdiction in those courts.

11A. Export, Sanctions & Anti-Corruption

Each party will comply with applicable export control and sanctions laws and anti-bribery/anti-corruption laws. You will not permit access to the Service by persons or entities subject to sanctions or in prohibited jurisdictions.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Website or via email. Your continued use after the effective date constitutes acceptance.

12A. Assignment; Force Majeure; Severability; Waiver; Entire Agreement; Notices; Publicity; Feedback

You may not assign these Terms without our prior written consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all assets with notice to us; we may assign freely. Neither party is liable for delays or failures due to causes beyond its reasonable control. If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing. These Terms (and any order forms, SLA, and the DPA) are the entire agreement regarding the Service and supersede prior agreements on the same subject. Notices may be provided via email or the Service. With your prior consent (email suffices), we may use your name and logo for customer lists and case studies. You grant us a royalty-free, perpetual license to use feedback to improve the Service.

12B. Confidentiality

Each party will protect the other party’s Confidential Information using reasonable measures and use it only to perform under these Terms; standard exclusions (public, independently developed, rightfully obtained, or compelled disclosure) apply.

13. Contact Us

For questions about these Terms, contact us at support@seabird.biz.

14. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy and the incorporated Data Processing Addendum. A current list of Subprocessors is available at /subprocessors.

15. IP Claims

If you believe material on the Service infringes your intellectual property, send a notice to support@seabird.biz with: (a) identification of the work and the allegedly infringing material; (b) your contact information; (c) a statement of good-faith belief; and (d) a statement under penalty of perjury that the information is accurate and that you are authorized to act. We may remove or disable access to the material and, where appropriate, notify the customer.