TERMS AND CONDITIONS FOR SERVICE
Effective Date: 1 March 2017. These Terms and Conditions for Service completely replaces the previous version.
This website www.AdBOOST.sk (the “Website”) and the Services (as defined below) are owned and operated by:
Riešenia, spol. s.r.o.
A company organised under the laws of the Slovak Republic, and its subsidiaries
831 03 Bratislava
VAT Number: SK2022041186
The following terms and conditions regulate the access to and the use of the Services. Please review the terms and conditions carefully.
In order to use the Services you must be a registered user and have an advertising account on www.facebook.com (“Facebook”) and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the “I agree” box which refers to these terms and conditions whereby you are entering into a legally binding agreement with AdBOOST.
In these terms and conditions, certain definitions (identified by initial capitalization) used shall have the meaning as specified on Facebook. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided elsewhere in these terms and conditions.
“Agreement” means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time as well as all Facebook Terms.
“Ads Content” means any and all information and files that you post on Facebook by means of using the Services.
“Consumer” means as defined in article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect to distance contracts.
“Facebook Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Facebook from time to time and currently published on https://www.facebook.com/terms.php
"AdBOOST" means AdBOOST's Facebook social ads API tool, a technical application, which is used to provide the Services.
“Trial version” means the subscription service that entitles you to use AdBOOST to manage limited number of ads on Facebook for 30 days.
“Paid version” means the subscription service that entitles you to use AdBOOST to manage unlimited number of ads on Facebook.
“Services” means the web based features and services included in AdBOOST that enable you to manage, optimize and publish ads on Facebook at scale.
3. USE OF THE SERVICES
You must have an advertising account on Facebook in order to use the Services.
Only individuals who are 18 years or older are permitted to use the Services. The Website is not intended for people under the age of 18.
4. TRIAL VERSION
The Trial version is a subscription which is free of charge and intended for testing purposes. You can use this subscription only for 30 days but you can update your subscription to paid version anytime during your Trial version subscription. There are no guarantees in the Trial version subscription – AdBOOST is not responsible for availability of the services and can change conditions of the Trial version without prior notice.
5. PAID VERSION AND OTHER SERVICES
The fee for the Paid version is set to 20 EUR per one Facebook dynamic Ads XML feed per month. Bulk discounts might be applicable on long-term customers and are subjects of mutual agreement between the customer and AdBOOST. If the customer does not wish to continue using the Services he/she shall give a written notice to AdBOOST via email to email@example.com.
AdBOOST will invoice the customer monthly in arrears and all invoices are payable within 14 days after the receipt of the relevant invoice by the customer. All sums referred to in this Agreement are exclusive of VAT.
AdBOOST reserves the right to modify the Paid version Fee and the prices for other Services from time to time in its sole discretion to cover any increase in AdBOOST’s costs for the Services (including but not limited to increased costs of materials, labour, services, currency fluctuations or as a result of government taxes and levies).
6. YOUR RESPONSIBILITY OF ADS CONTENT
You warrant that any Ads Content submitted by you by means of AdBOOST complies with this Agreement and all applicable laws, codes and good advertising practices. All ads managed via AdBOOST must be fully compatible with Facebook Terms and especially Facebook Advertising Guidelines (currently available on https://www.facebook.com/ad_guidelines.php ).
7. DISCLAIMER AND LIMITATION OF LIABILITY
(A) AdBOOST’s Services merely provide you with a technical application for publishing ads on Facebook. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Facebook. You further agree and acknowledge that AdBOOST does not prescreen the Ads Content, but that AdBOOST shall have the right, in its sole discretion, to review, reject or remove any Ads Content transmitted by the use of AdBOOST.
AdBOOST assumes no responsibility or liability for any errors, costs, loss and disclosure of or related to Ads Content or other information or data not being transferred to or published on Facebook or caused by malfunction in a transfer facility.
AdBOOST DISCLAIMS ANY AND ALL EXPRESSED, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES.
(B) AdBOOST is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by AdBOOST at the time of entering into this Agreement and the effects which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Facebook, disruption or delay in external networks or Internet connections or shortage in power sup-ply. AdBOOST shall not in any case be liable to you for any lost profits or other con-sequential, special, indirect, or incidental damage arising out of or in connection with this Agreement or use of AdBOOST, even if we have been notified the possibility of such damage, and regardless of the legal theory on which any such damage may be based.
AdBOOST’s aggregate liability arising out of this Agreement, the use of AdBOOST and/or the Services will not exceed the greater of one hundred EURs (100 EUR) or the amount you have paid to AdBOOST in the past twelve (3) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damage, so the above limitation or exclusion may not apply to you. In such cases, AdBOOST’s liability will be limited to the fullest extent permitted by applicable law.
8. INTELLECTUAL PROPERTY RIGHTS
All copyright, designs, patent, trademarks, trade names and other intellectual property rights (“IPR”) in and to AdBOOST or displayed on the Website are and shall remain the exclusive property of AdBOOST or Facebook, Google or any third party as the case may be.
AdBOOST can use insights from customer’s account in whatever manner AdBOOST may in its discretion choice. Such insights cannot contain personally identifiable information of the customer or its customers without the customer’s expressed permission.
When you visit the Website and/or use AdBOOST you provide AdBOOST with information which may be collected as you interact with the Website and/or AdBOOST. AdBOOST is entitled, in its sole discretion, to save and freely handle any such information (including but not limited to all Ads Content).
Submitting your name and e-mail address as well as other requested personal data (as defined in the Data Protection Directive 95/46/EC) or any other personally identifiable information (collectively, “Personal Data”) is a condition to using the Services. The Personal Data that you provide will allow AdBOOST to inform you of the Services as well as other services and products of interest. AdBOOST, its affiliates and partners, may use your Personal Data for processing, managing and providing you with personalized news, advertisement and other information. You may at all times opt-out from any further advertisement sent to your e-mail address by sending a notice to AdBOOST.
Cookies may be used in order to make your visit to the Website easier, enhance your experience, keep track of the number of visitors and the general use of this Website as well as to keep track of advertisements. A cookie is a small text file stored on your hard drive which tracks your movements within the Website. Cookies is never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.
You unconditionally consent to AdBOOST’s collection and processing of your Personal Data as specified in this Agreement by ticking the “I agree” box when you sign up.
10. RELATIONSHIP OF PARTIES
Nothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and AdBOOST. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind AdBOOST in any manner.
11. YOUR INDEMNITY
You agree to indemnify and hold AdBOOST and its affiliates harmless, to the extent permitted by applicable law, from all losses and expenses, including reasonable attorney’s fees, which are based on or arise from your violation of any of the provisions of this Agreement or otherwise is related to your Ads Content and/or use of AdBOOST.
These terms and conditions shall be valid until terminated by you or AdBOOST as provided below:
12.1 Cooling-off period
AdBOOST entitles customers to withdraw from the Paid version within 15 days from the day of subscription of the Paid version (the “Cooling-off Period”). The right for customer to withdraw from the Paid version may be exercised within the Cooling-off Period by notice to AdBOOST at the address firstname.lastname@example.org.
You hereby explicitly consent to that your right to withdrawal from the Paid version will expire if you start using the Paid version services before the end of the Cooling-off Period.
12.2 Termination of Services
The Services that are free of charge may be terminated by you at any time and without cause simply by removing the AdBOOST application. You may at any time and without cause terminate your Paid version by giving AdBOOST fifteen (15) days written notice prior to the end of each month. You acknowledge and agree that you shall fulfil your obligations pursuant to this Agreement until termination. The Paid version fee will always be calculated on full calendar month basis.
12.3 AdBOOST’s termination
AdBOOST is entitled to, in its sole discretion, to terminate this Agreement if you violate any of the terms and conditions in this Agreement or any applicable law. Any such termination of your access to the Services may be affected without prior notice and you acknowledge and agree that AdBOOST may immediately delete any information or files in you account (if any) and revoke any further access to AdBOOST without being liable to you or any third party.
13. OPERATION OF SERVICE
AdBOOST reserves the right to modify, suspend, discontinue or restrict access to any portion of AdBOOST and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
14. AMENDMENTS OF TERMS AND CONDITIONS
AdBOOST may change, amend or modify any of these terms and conditions, at any time and in AdBOOST’s sole discretion. Changes will be notified by posting a change notice on the Website that is visible when users log-on for the first time after a change has been made and by e-mail to you. All such modifications shall have effect 14 days after notice, unless indicated otherwise. AdBOOST advises you to periodically review website www.AdBOOST.sk and Facebook Terms in order to be informed of any changes in the Facebook Terms.
15. GOVERNING LAW AND DISPUTES
These terms and conditions are governed by and construed in accordance with the laws of the Slovak Republic, regardless of any conflict of law principles of your country. Any dispute arising out of or in connection with these terms and conditions or the use of AdBOOST shall be settled by the courts of the Slovak Republic and with Bratislava’s district court as the court of first instance.