Draft — not legal advice

Draft pending legal review. This text was written by the Mockingbird team, not by a lawyer, and has not been reviewed by one. Treat it as a description of how we intend to operate, and have it reviewed by an Australian legal practitioner before relying on it.

Legal

Terms of Service

Version 2026-09-22 · Onwards Analytics, Australia

These terms cover your use of Mockingbird. They are written in plain English on purpose — if a clause here is unclear, that is a problem with the clause, and we would like to hear about it.

1. Who you are contracting with

Mockingbird is operated by Onwards Analytics, a business based in Australia. In these terms, "we", "us" and "Mockingbird" mean Onwards Analytics; "you" means the person or organisation using the service.

Contact for anything in this document: [email protected].

2. What the service does

Mockingbird collects advertisements that advertisers have published to Meta's public Ad Library, ranks them against a brand profile you supply, and generates advertising creative in your brand's colours, typefaces and voice. It can read performance data from a Meta ad account you connect, and can upload selected creative into a paused Meta campaign for you to review.

It is a drafting and research tool. It does not place ads, does not set budgets, and does not publish anything without your action. Everything it produces is a starting point that you are expected to review before spending money behind it.

3. Accounts and workspaces

  • You need an account with a valid email address. You are responsible for what happens under your account, including keeping your password to yourself.
  • Work is organised into workspaces. The person who creates a workspace is its owner; the owner can invite others as admin, editor or viewer, and can transfer ownership to another member.
  • Each plan allows a set number of seats. A pending invitation holds a seat until it is accepted, expires or is revoked.
  • You must be at least 18 years old and, if you are signing up for an organisation, authorised to bind it to these terms.

4. Trials, subscriptions and payment

Plans, prices and what each plan includes are shown on the pricing page. The price and inclusions that apply to you are the ones displayed at the moment you subscribe.

  • Payments are processed by Stripe. We do not see or store your full card number — Stripe holds it.
  • A paid trial runs for the period stated at signup. If you do not cancel before the trial ends, the subscription continues at the advertised recurring price.
  • Subscriptions renew automatically for the same period until you cancel. You can cancel at any time from Settings → Billing.
  • Cancelling stops the next renewal. It does not refund the period you are part-way through, and you keep access until that period ends.
  • If a payment fails, the workspace moves to a past-due state and generation is suspended until payment succeeds. Your data is not deleted while this is happening.
  • Prices shown are in US dollars unless stated otherwise on the pricing page, and taxes may be added where they apply.

5. Credits

Generation is metered in credits, because each variant costs us real money at an image or language model provider. How credits behave:

  • Your plan includes a credit allowance that refills on the plan's cycle. Unused allowance does not roll over into the next cycle.
  • Starting a generation reserves credits up front and settles them when the batch finishes. If a batch produces fewer outputs than requested, the settlement is rounded down in your favour and you are charged only for what was produced.
  • A retry is charged only for the outputs it actually regenerates. An output that already succeeded is never charged twice.
  • Credits are a unit of account inside Mockingbird. They have no cash value, cannot be transferred between workspaces, sold, or redeemed for money.
  • If a generation fails because of a fault on our side or a provider outage, tell us and we will credit the workspace back. That is a manual process today — email us.

6. Refunds

We would rather refund you than argue with you. If Mockingbird did not do what this page says it does, email [email protected] within 30 days of the charge, tell us what happened, and we will refund the subscription period in question.

Outside that, subscription fees are not refundable for a period you have already used, and credits consumed by successful generations are not refundable — the cost was incurred at the provider.

None of this limits your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded: if there is a major failure, you are entitled to a refund or to cancel, and to compensation for reasonably foreseeable loss. Nothing on this page takes that away.

7. Acceptable use

You agree not to use Mockingbird to:

  • Generate creative for anything illegal, or for categories Meta itself prohibits — weapons, illicit drugs, sexual services, or deceptive financial products.
  • Impersonate a brand, business or person you do not represent, or pass off a competitor's creative as your own.
  • Produce content that is misleading or deceptive about a product, price, health outcome or financial return.
  • Harass, defame or target individuals, or generate content that vilifies people on the basis of a protected attribute.
  • Scrape, resell or redistribute the competitor ad data the service collects, or use Mockingbird to build a competing dataset or service.
  • Circumvent seat limits, credit metering or rate limits, or probe the service's security without written permission.
  • Upload material you do not have the rights to use, including images, fonts and trade marks.

We can suspend a workspace that is doing any of this. Where it is practical and lawful, we will tell you why first.

8. Your content, and who owns the creative

  • You keep ownership of everything you put in: your brand profile, logos, fonts, product images, copy and ad account data. You grant us the licence we need to host it and to run the service for you — nothing more.
  • As between you and us, you own the creative Mockingbird generates for your workspace, once the credits for it have been settled. We do not claim rights in your ads.
  • We may hold generated creative in aggregate and de-identified form to improve ranking and quality. We do not use one customer's brand assets or creative to generate another customer's ads.
  • Competitor advertisements shown in the app remain the property of whoever made them. Mockingbird shows them as research, sourced from Meta's public Ad Library. Do not republish a competitor's ad as your own.
  • Generated creative is machine-produced from a reference. Copyright in AI-generated material is unsettled in Australia and elsewhere, and a generated image may resemble its reference more closely than you intend. You are responsible for reviewing output before you publish it — including clearing trade marks, likenesses, claims and any industry-specific advertising rules that apply to you.
  • We own Mockingbird itself: the software, the ranking models, the interface and the brand. Using the service does not transfer any of that.

9. Third parties we depend on

Mockingbird is built on services run by other companies. Your data passes through them in the course of running the product, and their outages are our outages. The current list, and what each one does, is in the Privacy Policy.

Connecting a Meta ad account also makes you subject to Meta's own terms. If Meta changes its API or its Ad Library, parts of Mockingbird may change or stop working, and that is outside our control.

10. Availability and support

We do not offer a contractual uptime guarantee at this stage of the product, and we are not going to pretend otherwise. We aim for the service to be available continuously, we will tell you about planned maintenance that affects you, and support is by email at [email protected] — answered by the people who build it, usually within one business day, Australian time.

Beta and preview features are labelled as such and can change or be withdrawn.

11. Liability

Advertising performance depends on your product, your market and your spend. Mockingbird makes no promise about results, and nothing it generates is advice — marketing, legal, financial or otherwise.

To the extent the law allows, we are not liable for indirect or consequential loss, lost profits, lost revenue, lost data, or ad spend placed behind creative the service generated. Where liability cannot be excluded, it is limited to re-supplying the service or refunding what you paid us in the twelve months before the claim, whichever we choose.

Again: nothing here limits rights you have under the Australian Consumer Law or any other law that cannot be contracted out of.

12. Ending the agreement

  • You can cancel a subscription at any time from Settings → Billing, and delete a workspace from the workspace menu.
  • Deleting a workspace removes it from the app immediately for everyone in it, and revokes its pending invitations. The underlying records are retained in our database until they are purged — see the Privacy Policy for what that means and how to ask for a full erasure.
  • We can terminate or suspend an account that breaches these terms, or that we are required to suspend by law.
  • If we discontinue Mockingbird, we will give at least 30 days' notice and a way to export your brand profile and generated creative.

13. Changes to these terms

We can change these terms. Each version carries a version date, and the version you accepted is recorded against your account. For a change that materially affects your rights, we will email account owners before it takes effect and ask you to accept the new version the next time you sign in. Continuing to use the service after that means you accept it.

14. Governing law

These terms are governed by the law of Australia. Before starting a proceeding, both sides agree to try to resolve the dispute by talking — email [email protected] and we will respond.

Open items for the legal review

These are unresolved in this draft. They need a decision from Onwards Analytics and a lawyer's sign-off before this page stops being a draft.

  • The exact contracting entity: registered company or trading name, ACN/ABN, and registered address. This draft says only "Onwards Analytics, Australia".
  • The Australian state or territory whose courts have jurisdiction, and whose law governs, in clause 14.
  • Whether the liability cap in clause 11 is commercially acceptable, and whether professional indemnity cover is in place behind it.
  • Whether the IP position in clause 8 — customer owns the output, we keep de-identified aggregates — matches what the business actually intends.
  • Whether a separate B2B agreement is needed for Team-plan or agency customers who resell the output to their own clients.
  • Confirmation that the acceptable-use list in clause 7 covers the categories Meta's advertising policies require us to prohibit.
  • Whether consumer-law wording should differ for customers outside Australia, and whether we need EU/UK terms at all.