These ROI Savings Guarantee Terms (the “Guarantee”) are a limited refund commitment offered by DEXUN AdWhiz, operated by DEXUN INC (“DEXUN,” “we”), to business customers, as an addendum to the Terms of Service. This Guarantee is for commercial / business use only (B2B) and is not offered for personal, family, or household (consumer) use. Anything not covered here is governed by the Terms of Service; in case of conflict, the limitation of liability, arbitration, and class-action-waiver provisions of the Terms of Service continue to apply.
1. Definitions
- “Subscription Fees” means the amounts you pay DEXUN for an annual AdWhiz subscription, excluding taxes, advertising spend, and any third-party fees.
- “Measurement Period” means your complete, continuous, and not-early-terminated 12-month annual subscription term.
- “Holdout” means a randomized control group of campaigns and/or budget that AdWhiz does not optimize and that is maintained throughout the Measurement Period.
- “Measured Savings” means the incremental reduction in cost-per-result of the AI-optimized cohort relative to the Holdout cohort, computed using the same conversion-value definitions, as displayed in your AdWhiz dashboard. The dashboard figure is the agreed and sole measure of Measured Savings.
2. The Guarantee
If, at the end of the Measurement Period, your Measured Savings are less than the Subscription Fees you paid for that period, DEXUN will refund the difference (Subscription Fees minus Measured Savings), up to a maximum of 100% of the Subscription Fees paid for that period. This refund is the sole and exclusive remedy under this Guarantee.
This Guarantee applies only to annual contracts that run the full, continuous 12 months without early cancellation or termination. If you cancel, downgrade, or are suspended for a Terms-of-Service violation during the Measurement Period, this Guarantee is automatically void (see Section 7).
3. Eligibility (all required)
- (a) an active annual plan for the entire Measurement Period;
- (b) the Holdout / measurement enabled for the entire Measurement Period;
- (c) a minimum average monthly advertising spend of US$3,000 across connected accounts (the minimum scale for a statistically valid measurement);
- (d) at least 80% of the recommendations generated by AdWhiz that you had a reasonable opportunity to review and apply applied (measured objectively against the total the system generates, excluding recommendations DEXUN withdrew or superseded — not which ones the customer subjectively deems “applicable”);
- (e) ad accounts connected and syncing throughout the Measurement Period, with no cumulative interruption exceeding 72 hours and no single continuous interruption exceeding 24 hours attributable to you (interruptions caused by DEXUN, the advertising platform, or other factors outside your reasonable control are not counted);
- (f) a written claim submitted to [email protected] within thirty (30) days after the Measurement Period ends.
Good-faith grace. DEXUN will not deny an otherwise-eligible claim solely on the basis of an immaterial, good-faith shortfall caused by factors outside your reasonable control. The purpose of this Guarantee is to reward genuine, sustained use of AdWhiz — not to set unattainable thresholds in order to avoid the refund obligation.
4. What this Guarantee is NOT
This Guarantee is a refund of AdWhiz Subscription Fees only. It is NOT a guarantee of profit, revenue, return on ad spend (ROAS), business results, or advertising performance, and it does NOTcompensate you for advertising spend, losses, or any other amounts. DEXUN does not control the advertising platforms (Google, Meta, TikTok) and is not responsible for platform changes, account suspensions, policy actions, or any factors outside AdWhiz’s budget recommendations.
Force majeure & material platform changes. If a force majeure event (acts of God, war, strikes, governmental action, network or power outages, etc.), or a material change by an advertising platform(Google, Meta, TikTok) — such as a major API overhaul or shutdown, a policy upheaval, or large-scale unannounced account suspensions or de-authorizations — prevents AdWhiz from optimizing or measuring normally, DEXUN’s corresponding obligations under this Guarantee are suspended (tolled) for the affected period, and that period is excluded from the Measurement Period and eligibility determination (extended accordingly).
5. Measurement authority
DEXUN computes Measured Savings in good faith based on objective performance data directly ingested via the applicable advertising platform APIs. The dashboard figure shall be conclusive and binding on the parties absent manifest error or technical malfunction.
Reconciliation right. If you, in good faith, believe the dashboard figure reflects a manifest error or technical malfunction, you may request a data reconciliation in writing to [email protected], with a brief explanation, within fourteen (14) days after the figure is published (or the Measurement Period ends, whichever is later). DEXUN will review in good faith, respond in writing within a reasonable time, and correct the figure if an error is confirmed. Absent a timely objection, the figure is deemed accepted.
The measurement methodology is fully disclosed and reproducible at the Savings Measurement Methodology page and is versioned. The version applicable to you is the then-current published methodology version as of the date you purchased the annual subscription (or as of the start of the Measurement Period); we will not unilaterally change the methodology to your detriment during the Measurement Period.
6. Limits, abuse & limitation of liability
DEXUN may deny or prorate a claim where any eligibility condition is not met, where data is insufficient for a statistically valid measurement, or in cases of fraud, manipulation, or violation of the Terms of Service. One guarantee claim per customer per Measurement Period.
DEXUN’s total liability under this Guarantee shall in no event exceed the Subscription Fees paid for the applicable Measurement Period.
IN NO EVENT SHALL DEXUN INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INTERNAL LABOR OR REMEDIATION COSTS, OR ADVERTISING SPEND ON THIRD-PARTY PLATFORMS (GOOGLE, META, TIKTOK), ARISING OUT OF OR IN CONNECTION WITH THIS GUARANTEE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Refund mechanism & early termination
- Channel & timing: after an eligible claim is reviewed and approved, DEXUN will refund the amount due via the original payment method within 60 business days.
- Early termination: if you cancel, downgrade, or are suspended for a Terms-of-Service violation during the Measurement Period, this Guarantee is automatically void — no refund, including no pro-rated refund.
- Changes: DEXUN may modify these Guarantee terms prospectively; the version in effect at the start of your Measurement Period governs that period.
8. Governing law & dispute resolution
This Guarantee is governed by the laws of the State of Washington, USA (excluding its conflict-of-laws rules). All disputes relating to this Guarantee are subject to the binding individual arbitration (AAA) and class-action waiver set out in the Terms of Service, administered under the AAA Commercial Arbitration Rules; the seat of arbitration shall be King County, Washington, USA (where Seattle is located), and the language of arbitration shall be English. This Guarantee is offered to business customers only. See the Terms of Service.
Language & controlling version. This Guarantee is provided in multiple languages for convenience. The English version is the official and binding version. In the event of any conflict, ambiguity, or inconsistency between the English version and any translation, the English version prevails.
9. Contact us
For guarantee claims and questions, contact [email protected].