How we work together.

Who these terms are between

These terms are between DropFly, a Delaware corporation that operates CampaignFly (campaignfly.app), and the business that engages us (the client), including the people at that business who sign in on its behalf. If a client has a signed agreement or statement of work with DropFly, that agreement governs where it differs from this page. Questions go to rio@dropfly.io.

What the service does

• We draft email campaigns for the client and present them in the portal to review.
• The client approves, declines or asks for changes. Once approved, we schedule the send through the client's own email platform.
• When a client connects an advertising account on Meta, TikTok or Google, we build, launch, pause and update campaigns in that account and report on their performance.
• We store the brand documents and photography the client uploads, for use in the client's campaigns only.

Approval comes first

Nothing is sent and no ad is launched without the client's approval. An approval in the portal, or in writing by email, is the client's instruction to proceed with that campaign as shown. The client is responsible for checking that what it approves is accurate, including prices, offers, product claims and dates.

Advertising accounts and spend

Advertising runs in the client's own accounts, billed by the platform directly to the client's payment method. We never hold or charge that payment method. Spend is capped at the budget the client approved, and we do not raise a budget without new approval.

The client may remove our access at any time from inside its Meta, TikTok or Google account, and access ends immediately. Campaigns we launched stay in the client's account and belong to the client.

Advertising results depend on the platforms, the market and the offer. We do not guarantee any particular reach, sales or return on spend.

Third-party platforms

The work depends on services we do not control, including Klaviyo, Meta, TikTok and Google. Both the client and DropFly must follow those platforms' own terms and advertising policies. A platform may reject an ad, restrict an account or change its rules, and we are not responsible for its decisions, though we will tell the client and help respond.

What the client agrees to

• It has the right to use everything it gives us: logos, photography, product information and customer lists.
• Its email list was collected lawfully and with the consent that email marketing laws require. It is the controller of that list.
• Its products, offers and claims are lawful and truthful.
• It keeps its sign-in links and codes to itself and tells us promptly if it thinks someone else has used them.

Who owns what

The client owns its brand, its materials and its customer data. Once a campaign is approved and paid for, the client owns the final copy and creative made for it. DropFly keeps ownership of the CampaignFly software, its templates and its methods, and may describe the kind of work it does for clients without sharing a client's confidential information.

Fees

Fees are set in the client's agreement or proposal with DropFly. Advertising spend is paid by the client to the platform and is separate from our fees.

Ending the service

Either side may end the service as set out in the client's agreement, or with thirty days' written notice if there is none. We may suspend access sooner if the service is being used unlawfully or in a way that puts other clients at risk. When the service ends, anything scheduled but not yet sent is cancelled unless the client asks otherwise, and data is handled as described in our privacy policy.

Limits

The service is provided as is. To the extent the law allows, DropFly is not liable for indirect or consequential losses, such as lost profits, and its total liability for any claim is limited to the fees the client paid DropFly in the three months before the claim arose. Nothing here limits liability that cannot be limited by law.

Governing law

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be heard in the state or federal courts located in Los Angeles County, California, and both sides agree to those courts' jurisdiction.

Changes

If these terms change in a way that matters, we will tell client users by email before the change takes effect. The date below is the date of the current version.