Effective Date: September 2020
Last update: April 2021
1. Ownership of the Platform
This platform is owned and operated by ADVERT.IO, S.A., a limited liability company incorporated under the laws of Portugal, with registered office at Parque de Exposições de Aveiro, Rua Dr. Manuel Almeida Trindade, s/n, 3810-488 Aveiro, registered before the Portuguese Commercial Register under the sole corporate number 514.339.098, with a share capital of € 60,046.89 (“Advert.io”, "Advertio", “we” or “us”).
You may contact us at legal@advertio.com.
2. Description of the service
Advert.io has developed an ads management cloud-based solution which allows its users to estimate the outcome of and put forward a given Digital Advertising Campaign (“Platform”).
These Terms and Conditions (“T&Cs”) govern your access and use of the Platform. Please read these T&Cs carefully before using this site as they form a contract between the person accepting these T&Cs (“End User”, “you” or “your”) and Advert.io.
By making a Digital Advertising Campaign solicitation on the Platform, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and Advert.io. All contracts made through the Platform are electronic, pursuant to Article 26 of Decree-Law 7/2004, of 7 January, and Article 3 of Decree-Law 290-D/99, of 2 August, as amended. If you are not willing to enter into an electronic contract, please do not tick the option below. Unfortunately, in this case, we will not be able to accept your Digital Advertising Campaign solicitation.
If you are accepting these T&Cs or using the Platform on behalf of an organisation, you are agreeing to these T&Cs for that organisation and representing to us that you have the authority to bind that organisation to these T&Cs (in which event, “End User”, “you” or “your” will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Platform.
Please read the following carefully. If you do not accept these T&Cs, you must not use the Platform. We recommend that you keep a copy of these T&Cs in a durable format so that you can check them whenever you wish.
3. Definitions
In this document, “Account” means the account that must be created for a Platform user to become an End User and make a Digital Advertising Campaign solicitation through the Platform;
“Confidential Information” means all information (written or oral) disclosed by any of the parties, under any way or form, in a context where it would be reasonably understood to be disclosed in confidence, relating to their respective business activity, that is not in the public domain (other than as a result of the breach by the counterpart in this Agreement) at the date of this Agreement including but not limited to the ideas, price lists, plans, products, potential or actual customers, suppliers, business, trade secrets, technology, market, and business information, know how, trade secrets, products, processes, business strategies, information concerning research, customer lists, supplier lists, marketing plans, product development, manner or operation or financial condition or prospects or other secret or confidential, technical or commercially sensitive information.
“Digital Advertising Campaign” means an online marketing effort put forward by a company and/or an individual to drive engagement, customer acquisition, traffic, revenue or others, notably through advertising in social media, mobile apps and search engines;
“End User” means any private individual, legal entity, company or business, with full legal capacity having an Account on the Platform who seeks and/or makes a Digital Advertising Campaign;
“Intellectual Property Rights” means the patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, software, database rights, rights to use, and protect the confidentiality of Know-how and trade secrets and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Interested Party” means any private individual, legal entity, company or business which enters into a contract for a commercial transaction with the End User by virtue of a Digital Advertising Campaign.
“Legislation” means any statute, statutory provision or subordinate legislation or any mandatory rules or guidance issued by any regulatory body having jurisdiction over the applicable party.
“Platform” means the software developed by Advert.io that allows End Users to estimate the outcome of and put forward a given Digital Advertising Campaign, including, where the context permits, any upgrades and other modifications applied to such platform.
“Reseller” means a party which has entered into a Reseller Agreement with Advert.io which uses, markets and promotes the Platform.
“Third Parties’ Websites” means the third-party digital advertising platforms, including, without limitations, the terms and conditions of Facebook Inc., Google Ads and other similar platforms where the Digital Advertising Campaign is launched.
“Third Parties’ T&Cs” means the terms and conditions applicable to Digital Advertising Campaigns that are launched in third-party digital advertising platforms, including, without limitations, the terms and conditions of Facebook Inc., Google Ads and other similar platforms.
“Virus” means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
“Vulnerabilities” means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability. A reference to writing or written includes email, unless otherwise expressly provided in these T&Cs.
Any obligation on a party not to do something includes an obligation not to knowingly allow that thing to be done.
4. Terms of use
The Platform may only be used by natural or legal persons with full legal capacity in accordance with Portuguese law. By making a Digital Advertising Campaign solicitation on the Platform you declare that you meet this condition.
You confirm that you have authority to bind any business or entity on whose behalf you use the Platform, and that business or entity accepts these T&Cs.
We do not check your legal capacity. We are not liable for any consequence deriving from an End User’s lack of legal capacity.
5. Registration
In order to make a Digital Advertising Campaign solicitation, End Users have to fill in an online registration form available on the Platform in order to create an Account.
Each End User may only create an Account once. We can cancel any subsequent Accounts made by the same End User.
The registration of the End User to create an Account is free of charge.
The End User may request, at any time, cancellation of its Account. However, this does not confer any right to reimbursement of amounts already paid for the use of a previously hired Digital Advertising Campaigns. Upon registration, the End User will designate a user ID and password to access the Account. End User’s Accounts are personal and cannot be transferred.
When filling in the online registration form you must:
- provide true, accurate, current and complete information about yourself; and
- maintain and promptly update such data to keep it true, accurate, current and complete.
Please see our Privacy Policy which will also apply to this matter.
We may cancel or eliminate, temporarily or permanently, the End User’s Account at any time if they (i) fail to comply with these T&Cs, (ii) assign their contractual position to third parties without our prior written authorisation and/or (iii) act in such a way as to cause losses to us, other End Users, Resellers or third parties.
If it is necessary to deactivate an End User’s Account, we will inform that End User by e-mail and they should not seek to access the Account using another name or a different login. In cases where you have registered and we have supplied you with Account login details, you acknowledge and accept that it is your responsibility to keep your user ID and password secret and confidential. We will never ask you to share these details with other persons.
The End User must only use their own login details, thereby undertaking full responsibility for any action taken using the same registration, even if by third parties, with or without their express authorisation.
If the End User knows or suspects that someone had access to their Account login details, they must inform us immediately at support@advertio.com.
By creating an Account, you understand that we may send you communications or data regarding the Platform, including but not limited to: (a) notices about your use of the Platform, including any notices concerning violations of use; (b) updates, via e-mail.
Please also see our Privacy Policy that may apply in this respect.
6. Prices
Advertio shall charge the End User for every campaign actively running on the platform.
The price per goal is dynamically calculated during the Digital Marketing Campaign setup and should be valid for 30 (thirty) days after the campaign setup if the campaign was not launched.
After the Digital Marketing Campaign is launched the price is valid for its duration.
By launching a campaign you accept the price per goal quoted by us.
We always guarantee your quoted CPL for a period of 6 months. As market conditions can change, in some cases, our systems will recalculate CPL after the first 6 month term to reflect the current pricing. You will be notified of any change when it occurs.
Advertio does not charge any additional fees on top of the price per goal. For avoidance of doubt the price per goal is inclusive of all fees and that is the only amount the End User's wallet will be charged.
Advertio may at its own discretion lower the price charged throughout the Digital Marketing Campaign.
7. Wallet and advertising budget
Placing a Digital Advertising Campaign on the Platform is dependent on the availability of sufficient funds in the Account’s wallet to account for the advertising budget, as explained in detail at http://www.advertio.com. The advertising budget is determined at the time of the Digital Advertising Campaign solicitation.
You may top up the Account’s wallet automatically or manually by credit card using Visa, American Express, or MasterCard or via bank transfer following the receipt of our invoice. Bank transfers are only available upon individual risk analysis.
If the End User selects the auto top-up mode, once the funds in the Account’s wallet reach an amount predefined by the End User, Advert.io will top up the Account’s wallet with the amount predefined by the End User.
If the End User selects the manual top-up mode, in such case where the Account’s wallet lacks sufficient funds for an ongoing Digital Advertising Campaign, Advert.io will suspend such ongoing Digital Advertising Campaign until the Account’s wallet is topped-up with sufficient funds to account for the advertising budget of the ongoing Digital Advertising Campaign.
The advertising budget does not include VAT at the applicable legal rate. VAT will be included in the invoice if applicable.
The invoice for the funds charged pursuant to the Digital Advertising Campaign’s outcomes fulfilment will be issued electronically with the information you provide us and sent to the e-mail address that you indicate, on a monthly basis.
The Digital Advertising Campaign will be active within a maximum period of 48 hours following Advert.io’s acceptance of the Digital Advertising Campaign solicitation, except in cases of force majeure or cases outside of our control.
If at the end of the Digital Advertising Campaign the advertising budget in your Account’s wallet is not entirely spent, the remaining amount will remain in your Account’s wallet for future campaigns.
You may ask for a refund of the remaining amounts in the Account’s wallet. Refunds have a 5% cost of the amount to be refunded, with a minimum fee of 10EUR. Advert.io undertakes to refund you such amounts within 30 days from the refund’s request to the bank account associated with your Account. Advert.io reserves the right to, at any time and in our sole discretion, without notice, and without incurring in liability of any kind, terminate the Account and, consequently, refund the amounts in the Account’s wallet of the End User.
Advert.io may issue promotional campaigns to its End Users to drive engagement in the Platform, namely vouchers. The voucher’s funds are non-refundable and will only be valid to be spent when the refundable funds in the Account’s wallet are already spent in Digital Advertising Campaigns.
8. Content posted by You on the Platform
The End User hereby acknowledges that:
- Digital Advertising Campaigns launched through the Platform will be subject to the applicable Third Party’s T&Cs;
- Placing a Digital Advertising Campaign on the Platform is dependent on agreeing to the applicable Third Party’s T&Cs; and
- By accepting these T&Cs and making a Digital Advertising Campaign solicitation the End User is also agreeing to be bound by the applicable Third Party’s T&Cs with which Advert.io contracts.
Any information you provide on the Platform is subject to the following:
- You agree that content posted by you will be accurate and will not:
(i) infringe any third party’s rights, including privacy rights, publicity rights, contract rights, Intellectual Property Rights or any other rights of any person;
(ii) abuse, harass, threaten, impersonate or intimidate other users;
- You are solely responsible for your conduct and for any data, text, all the information regarding the Digital Advertising Campaign, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Platform;
- You must not, in the use of the Platform, violate any Legislation (including but not limited to copyright, export control, unfair competition, anti-discrimination or false advertising laws);
- You agree that the posting of your Content on the Platform does not result in a breach of contract between you and a third party;
- You must not transmit any Virus, any code of a destructive nature or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Platform.
Regarding the Digital Advertising Campaign, you guarantee that:
- You are the owner or authorized user of the pre-existing Intellectual Property Rights contained in your Digital Advertising Campaign;
- In such cases you use pre-existing and authorized Intellectual Property Rights of third parties, you will obtain all the authorizations necessary to make the disclosure of it on the Platform and to licence and convey, if necessary, the Intellectual Property Rights to Advert.io, including from an employer of yours or a co-contracting party before submitting the Digital Advertising Campaign;
- The Intellectual Property Rights regarding the Digital Advertising Campaign transferred or licenced to Advert.io do not have any encumbrances or charges;
- You are not required to transfer your rights over the Digital Advertising Campaign to a third party (other than Advert.io) pursuant to the Digital Advertising Campaign;
- You acknowledge that at any time, you may be asked to make legally binding warranties and representations to Advert.io in relation to a Digital Advertising Campaign.Violation of any of these representations and warranties will result in the termination of your Account. You understand and agree that you are solely responsible for the Content that you publish or upload to the Platform, and for the transfer of technologies or information with which you are involved. Advert.io expressly disclaims any liability or responsibility thereto.
9. Changes to the Digital Advertising CampaignThe End User may edit their active Digital Advertising Campaign at any time through its Account, which will be subject to Advert.io’s approval.
The End User may deactivate its Digital Advertising Campaign at any time through its Account, without being entitled to reimbursement of any amount paid for such Digital Advertising Campaign.
10. End User’s Rules of Conduct on the Platform
There are certain rules that apply to End Users.
When using our Platform, you agree:
- To not submit false, misleading, malicious or fraudulent information;
- To not post Content that is contrary to good morals or the purposes of the Platform;
- To not infringe the rights and image of Advert.io, such as its Intellectual Property Rights;
- To not use the Platform to build a similar service or website;
- To not open more than one Account on the Platform or open an Account in the name of a third party;
- To keep confidential the Account login details and only use your own Account, taking full responsibility for actions done using that Account, even if by third parties, with or without their authorisation;
- To not use the Account of another End User;
- To not try to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of these T&Cs, to avoid payment of any fees due and payable in connection with a given Digital Marketing Campaign, including to make use of relevant information obtained through the Platform to launch a Digital Marketing Campaign by any means other than through the Platform;
- To not attempt to localise, translate, decrypt, unbundle, repackage, discover the source code of, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means or in any way change any part of the Platform;
- Introduce or permit the introduction of any Virus or Vulnerability into the Platform or Advert.io’s network and information systems;
- To not use any device, software or routine that could interfere with the proper working of the Platform or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
- To not to take any action that imposes an unreasonable load on our Platform;
- To not assign your contractual position, or its rights or obligations, in whole or in part, to third parties without Advert.io’s prior written authorisation;
- To not use any unauthorised means to modify, reroute, or gain access to the Platform or attempt to carry out these activities;
- To not use the Platform for any commercial or other purposes that are not expressly permitted by these T&Cs;
- To not use any automated process (such as a bot, a spider, or periodic caching of information stored by Advert.io) to access or use the Platform;
- To inform us in time and diligently about the occurrence of any and all events that might adversely affect or prevent the full and timely performance of any of the obligations arising to them out of these T&Cs;
- To inform us in time and diligently about all the facts which may be relevant for the Digital Advertising Campaign to be carried out properly, in particular, any change of e-mail and, if given, name, address (including civil parish and postal code), tax number and phone contact details;
- To, more generally, not to act in a way that violates the law or breaches these T&Cs or any other policy, instruction or terms applicable to the End User’s use of the Platform that are available at https://www.advertio.com.
The failure by the End Users to perform the obligations arising out of these T&Cs confers on us the right to be compensated in accordance with applicable law.
11. Our Rights Regarding the Digital Advertising Campaign
Advert.io has full discretion to edit any Digital Advertising Campaign, having the powers to use, modify or alter any and all Content which the End User submits, posts or displays on the Platform and to include any additional media or content as Advert.io sees fit.
We may remove, cancel or delete any Digital Advertising Campaign, at our sole discretion, temporarily or permanently, without your prior authorisation or notification. The End User will receive an e-mail informing him/her about the removal of the Digital Advertising Campaign and the reasons for its removal. Whenever it is possible to correct the part of the Digital Advertising Campaign that is not in conformity, we will inform the End User about this and how to correct it, and the End User will not lose the right to benefit from the Digital Advertising Campaign until its contracted term.
If an order, directive or rule issued by a public authority obliges us to remove the Digital Advertising Campaign, we will inform, to the extent that this is legally acceptable, the End User in advance about the elimination of the Digital Advertising Campaign. If it is not possible to send this communication in advance, we will do so as soon as possible.
In the above-mentioned circumstances, the End User is not entitled to the reimbursement of amounts already paid for a previously hired Digital Advertising Campaign.
12. Our actions
We have no involvement in the communications and interactions between the End User and the Interested Party and we do not participate in the transactions conducted between them, nor do we act as intermediary and/or legal representative for any of the parties involved in the transaction.
We do not influence, check, guarantee or assess the content of the Digital Advertising Campaign published on the Platform.
We do not guarantee (i) the quality, veracity, accuracy, certainty and/or legality of the Digital Advertising Campaign, (ii) the selling capacity of the End User, (iii) the purchasing capacity of the Interested Party and/or (iv) the finalisation of commercial transactions.
The End User hereby authorises us to assign our contractual position and/or the right to receive any pecuniary amount owed by the End User. The assignment will have effect as from the date of receipt by the End User of a written communication (including by e-mail) concerning such assignment.
13. Confidentiality
None of the parties will divulge or communicate to any person or entity, without the written approval of the other party, any Confidential Information disclosed to a party for the purposes of these T&Cs, and must use the same care it uses to protect its own Confidential Information of like importance, but not less than reasonable care. The parties may only disclose Confidential Information to its officers, employees and professional advisers that have a legitimate need to know and use the Confidential Information, provided that, prior to such disclosure, such Party shall impose on such officers, employees and professional advisers confidentiality obligations substantially similar to those contained herein. This clause does not prohibit disclosure of any information which:
- Is or becomes publicly available (otherwise than as a result of a breach of these T&Cs);
- Was lawfully in the possession of the relevant party free of any restriction on disclosure as can be shown by that Party’s written records or other reasonable evidence;
- The receiving party receives, without restriction from a third party provided that such information was not obtained by such third party directly or indirectly from the disclosing Party under any obligation of confidence;
- The receiving party independently develops without the use of the disclosures hereunder; or
- Is required to be disclosed by any party by court order, by law or regulation having force of law or which is required to be disclosed by any party to a regulatory authority provided that, however, unless it is permitted from doing so by applicable law, such party will promptly inform the other party prior to disclosure and cooperate with the party’s reasonable efforts to resist or narrow the disclosure and obtain a protective order or other reliable assurance that confidential treatment will be accorded to the party’s Confidential Information.
You agree to defend, indemnify and hold Advert.io harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of Confidential Information.
14. Intellectual Property Rights
A. End User grant of license to Advert.io
For the purposes of the Platform and to enable the provision of the Digital Advertising Campaign, you grant Advert.io a non-exclusive license, free of charge, with the right to sublicense, for the entire world and for the duration of your contractual relationship with us, to use, at Advert.io’s sole discretion, the Content and data that you submit on the Platform. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any Content you provide, and to broadcast it via Third Party’s Websites and to share it with the public.
Advert.io requires authorization to use the Content uploaded by the End Users and other users of the Platform and, therefore, the revocation of the license shall imply the cancellation of the contract with Advert.io and the associated Accounts.
Advert.io shall be the proprietor and have the right to compile, process and use the data generated by your use of the Platform for statistical and commercial purposes. We warrant that such data shall be duly anonymized and aggregated, and, under no circumstance, will we identify you or any other user in this data.
B. Advert.io’s IP Rights / Limited License
Advert.io is the proprietor of the software and all materials on the Platform that are not Content uploaded on the Platform by you or by the Reseller, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials protected by copyrights, trademarks, service marks, or other proprietary rights. We are holders of the Intellectual Property Rights associated with the Platform and the materials published in the same, and, in cases where we are not the holders, we have a licence to use them. These materials are protected by intellectual property laws and are reserved.
During the term of the Digital Advertising Campaign you have the non-exclusive, non-transferable right to access and use the Platform exclusively for your internal business purposes and in connection with the Digital Advertising Campaign. We reserve all other rights to the Platform. Any Platform access is licensed and not sold. In the event that you provide comments, suggestions and recommendations to us with respect to the Platform (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Platform) (collectively, "Feedback"), you hereby grant to Advert.io a free of charge, with the right to sublicense, for the entire world, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Platform.
If you use the Platform in breach of the provisions of these T&Cs, your right to use the Platform will cease immediately. In this case, you will be obliged to destroy or deliver to us the materials used in breach of these T&Cs.All new versions, updates or changes to our Platform shall be subject to these T&Cs. Advert.io reserves all rights not expressly granted by the present T&Cs.C. RemediesIf you believe that your legitimate Intellectual Property Rights have been violated by the introduction of certain content on the Platform, you must notify Advert.io and provide us with the following:
- Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party;
- Identification of the specific Platform content that you consider is protected by Intellectual Property Rights as well as its location on the Platform (indicating the URL link);
- Accreditation of the aforementioned Intellectual Property Rights; and
- Reasons for the supposed violation.
Advert.io will collaborate with you to attempt to resolve the matter in the swiftest manner possible.
15. Role of Advert.io/ Limitation of Liability
Advert.io does not exclude or limit its liability in any way that would make such an exclusion or limitation unlawful.
Advert.io has no control over the behaviour of End Users or other users of its Platform. We do not control the information provided by others that is made available through the Platform; other user’s information may be inaccurate.
By accepting these T&Cs, you acknowledge that you are the sole controller and that Advert.io does not control in any manner the nature, quality, legality or timing of the Digital Marketing Campaigns.
Advert.io has no control over, and is not responsible for, the acts or omissions of third parties in their respective Third Parties’ Websites, or the quality, accuracy or legality of the Third Parties’ Websites. We do not endorse any Third Parties’ Websites. End Users act under their sole and full responsibility. Advert.io cannot be held liable if a Digital Advertising Campaign’s outcome fails to occur as intended.
Advert.io provides the Platform “as is” and “as available”. We do not guarantee that the Platform is free from errors, bugs or Viruses or that it will perform as intended. To the maximum extent permitted by applicable law, Advert.io makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the Platform’s service will be uninterrupted, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Advert.io does not warrant or represent that it will indeed create the best advertising strategy for each individual case nor shall we be liable for its performance, or any liability caused by its usage, including lost profits. Some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.
Advert.io shall not in any circumstances be liable to the End User for (i) loss of profits, (ii) loss of business; (iii) depletion of goodwill or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of use; (vi) loss or corruption of data or information; (vii) loss of goodwill or business opportunities; (viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
You agree to look solely to the corresponding third party for any claims you may have regarding information provided in the Third Parties’ Website. If you have a dispute with a third party, you hereby release Advert.io from all claims of any kind arising out of such dispute. You agree that you will be responsible for, and at Advert.io’s request, defend Advert.io from third party claims arising out of information you provide to Advert.io for publication or any breach by you of these T&Cs. Consequently, under no circumstances shall Advert.io be considered to be liable for such damages arising from the above mentioned third party claims.
Any claim or cause of action related to your use of the Platform must be filed within one (1) year after such claim or cause of action arises or be forever barred. In any case, Advert.io’s total aggregate liability in contract, tort (including without limitation negligence), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with any material breach of these T&Cs shall in all circumstances be limited to € 5,000.00 (five-thousand euros).
16. Computer Viruses
You are responsible for configuring your technological equipment and using anti-virus programmes. The End Users shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Platform that:
- Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- Facilitates illegal activity;
- Depicts sexually explicit images;
- Promotes unlawful violence;
- Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- Is otherwise illegal or causes damage or injury to any person or property; and Advert.io reserves the right, without liability or prejudice to its other rights to the End User, to disable the End User’s access to the Platform and to the Account for breaches of the provisions of this Clause.
You shall not obtain unauthorised access to the Platform, to the server where the Platform is hosted, or to any equipment or database connected to the Platform.
17. Account Suspension, Restrictions of Access and Termination
If you (i) breach your undertakings as set out in these T&Cs or in our Privacy Policy (available at https://advertio.com/en/privacy-policy), (ii) assign your contractual position to third parties without our prior written authorisation and/or (iii) act in such a way as to cause losses to us, another End User or Reseller or if we have genuine reason to believe that the security and integrity of the Platform, Advert.io, its End Users or third parties are at risk, we reserve the right to:
- Immediately terminate these T&Cs binding you and Advert.io; and
- Temporarily or permanently suspend your Account.
When this is necessary, you will be notified of such measure to enable you to respond. Advert.io will decide, at its sole discretion, whether to lift the measures put in place.
Should it be necessary to deactivate your login to the Platform, we will inform you and you should not attempt to access the account using other means.
We reserve the right to temporarily suspend or terminate your access to the Platform or Account at any time in our sole discretion, without notice, and without incurring liability of any kind, for any one or more of the following reasons: (a) the actual or suspected violation of these T&Cs; (b) the use of the Platform in a manner that may cause us to have legal liability or may disrupt others’ use of the Platform; (c) the detection of suspicious behaviour in your Account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages or other emergency situation, as determined in Advert.io’s discretion. If, in our sole discretion, the suspension is indefinite and/or Advert.io has elected to terminate your access to the Platform or Account, we will use commercially reasonable efforts to notify you through the e-mail address associated with your Account. You acknowledge that if your access to the Platform or Account is suspended or terminated, you may no longer have access to the Content that you have published or uploaded to the Platform.
18. Personal Data
We Collect and Process Some of Your Personal Data.In using and registering on the Platform, you acknowledge and accept the processing of your personal data by Advert.io as set out in our Privacy Policy, as amended from time to time, available at https://advertio.com/en/privacy-policy, which forms an integral part of these T&Cs.
19. Operation, Availability and Functionalities of the Platform
We shall try as far as possible to maintain the Platform continually accessible. However, the access to the Platform or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.
We reserve the right to, without prior notice, update, modify or suspend all or part of your access to the Platform or its features, the structure and design of our Platform, as well as some services or content, at our sole discretion, temporarily or permanently. These alterations do not require your prior authorisation or notification.
We can also change the URL of the Platform and when we do so you will be automatically redirected to the new URL for a reasonable period. This change does not require your prior authorization or notification.
We may suspend or cancel availability of parts of the Platform for commercial or operational reasons. Whenever possible and before operating any suspension or cancellation, we will inform the End Users, except in cases of force majeure.
20. Hyperlinks
Our Platform may contain links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.
21. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and Advert.io relative to your use of the Platform.
We reserve the right to alter these T&Cs at any time. Whenever these T&Cs are altered, we will date and post the most current version of these T&Cs at https://advertio.com. Any changes will be effective upon posting the revised version of these T&Cs or such later effective date as may be indicated at the top of the revised T&Cs.
If in our sole discretion we deem a revision to these T&Cs to be material, we will notify you via the e-mail address associated with your Account.
Whenever you use the Platform, please check the T&Cs and ensure that you understand them.
Your continued access or use of any portion of the Platform constitutes your acceptance of such changes. If you don't agree to any of the changes, you must cancel and stop using the Platform.
22. Miscellaneous
These T&Cs apply to the maximum extent permitted by relevant Legislation. If a court holds that we cannot enforce a part of these T&Cs as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant Legislation, but the rest of these T&Cs will remain in effect.
The non-exercise, or late or partial exercise, of any right which we have under these T&Cs cannot under any circumstance imply the waiver of such a right, or the expiry of the same and, therefore, any such right will remain valid and effective despite not being exercised.
23. Applicable Law and Dispute Resolution
These T&Cs shall be interpreted in accordance with Portuguese Law.
The parties agree that the judicial courts of Lisbon shall have the exclusive jurisdiction to settle any dispute, controversy or claim arising from or in connection with these T&Cs.
In the case of consumer litigation, you may use the Online Dispute Resolution European Platform, available at http://ec.europa.eu/consumers/odr or the following alternative dispute resolution bodies for consumer disputes:
- CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo Tel.: 213 847 484. Website: http://www.arbitragemdeconsumo.org/
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra Tel.: 239 821 690/289. Website: www.centrodearbitragemdecoimbra.com/.
- Centro de Arbitragem de Conflitos de Consumo de Lisboa Tel.: 218807030. Website: www.centroarbitragemlisboa.pt
- Centro de Informação de Consumo e Arbitragem do Porto Tel.: 225 508 349 / 225 029 791. Website: http://www.cicap.pt
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral Tel.: 253 422 410. Website: www.triave.pt
- Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) Tel.: 253 617 604. Website: www.ciab.pt
For more information, you may visit the Consumer Website at www.consumidor.pt
Any issues related to the Platform, in particular requests for information about technical or commercial aspects of the same and complaints, may be raised by contacting us at support@advertio.com, legal@advertio.com or by letter to the corporate address given in these T&Cs.
These T&Cs will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
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