Terms of Service
Please carefully read the Legal Notice and the Terms of Services below. The Legal Notice is a summary of substantial legal moments of the Terms of Services which we ask you to pay attention to. The Legal Notice is a note based on the Terms of Services and is for informational purposes only. It does not restrict or limit the rights, obligations and/ or liabilities set forth or coming from the Terms of Services.
Apperito Group Legal Notice
Warranties and representation. Please check out whether you comply with all warranties and representations listed below. For your convenience and exclusively for informational purposes we have prepared separate list of warranties and representations.
Indemnification. You indemnify Us from any liabilities arising from Your actions on Platform, including but not limited to liability from ad fraud or breach of someone's intellectual property rights.
Waivers. You are solely responsible for financial results of your campaigns.
Apperito Group Terms of Service for Advertisers
These Terms have the purpose of governing access to and the Terms of Service of the Platform Apperito Group. Please read them carefully.
The Service is rendered by the Platform via the website https://apperito.com/.
You are is an Advertiser (the, “Advertiser”, “You”, “Yours”, etc.), seeking for an online service for managing advertising campaigns and marketing consultancy, media market analysis, ads campaign planning, media time buying.
- PLATFORM OPERATOR
- ACCOUNT. ITS CREATION AND REQUIRED IDENTIFICATION
- REJECTION, SUSPENSION OR CANCELLATION OF THE ACCOUNT
- MASTERING THE ADVERT - RESTRICTIONS
- FEES. PAYMENTS. REFUND
- LIMITATION OF LIABILITIES. INDEMNIFICATIONS
We have offered access to the Platform Apperito Group and its Service, and You decided to utilise the Service,
We and You hereby agree as follows:
BY CHECKING THE BOX AND CLICKING “I ACCEPT” BUTTON, AS APPLICABLE, OR BY CONTINUING TO PARTICIPATE IN THE SERVICE FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THESE TERMS OF SERVICE ON OUR WEBSITE, YOU CONFIRM THAT YOU ARE AWARE AND COMPLY WITH THESE TERMS AND AGREE TO BE BOUND BY THEM WITHOUT ANY RESERVATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PLATFORM AND REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO ENTER INTO THE AGREEMENT WITH US.
YOU WARRANT AND REPRESENT US THAT YOU ARE A DULY AUTHORISED SIGNATORY, HAS FULL LEGAL CAPACITY AND ALL THE NECESSARY AUTHORITY TO BIND YOURSELF, YOUR COMPANY OR YOUR OTHER ENTITY, AND HEREBY ENTERING INTO A LEGALLY BINDING CONTRACT.
“Apperito Group” means the Platform or the Platform Operator depending on the context;
“TSA” means these Terms of Service for Advertisers;
“Account” means the account that must be created in order to access services offered by the Platform;
“Advertiser” means You as a party that has decided to enter into this agreement by joining these TSA and to assign Us to provide online Services;
“Advertisement” means online, interactive, rich media advertisements, including, without limitation, banners, buttons, pop-ups, or similar materials created by the Advertiser and included in the Application Form;
“Advertiser Account” / “Account” means Your account at our website Apperito Group for managing the campaigns;
“Content” means all ad content, related technology and tags provided by You that are subject to the Services under this TSA;
“Platform” has the meaning given to it in Article 3.1. below;
“Services” means all services delivered by Us via the Platform;
“Website” means the website accessible at the address www.apperito.com.
“Confidential Information” include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Services and/or business of a party and is treated as confidential or secret by the party, including but not limited to (i) all information marked as “Confidential,” “Proprietary,” or similar legend by the disclosing party and (ii) information and data provided by the disclosing party, which under the circumstances of the disclosure should have reasonably deemed confidential or proprietary.
“Campaign” means certain actions set up by You as an Advertiser to increase traffic to the Your website or website of Your affiliate.
“Business days” means business days in the country where registered office of the Platform Operator is situated.
3.1. “Apperito Group” is a self-service Platform (the “Platform”) accessible on a website at the address www.apperito.com, and designed to enable the Advertisers via tools for campaign management to manage advertising campaigns and place the advertisements on third-party Internet pages, mobile apps and other online resources by customising features available for choice in the Application Form.
3.2. Self-service means that:
- You shall take any action on the Platform with due care and your sole responsibility for your financial position and business reputation. Please consult with a qualified professional where it is required;
- We make no representations or warranties of any kind, express or implied, about the suitability of the Platform for any purpose. You rely on such information strictly at your own risk;
- The websites you link to are not under our control, the incorporation of any link to the websites shall not be considered as our endorsement;
- We under no circumstances is the advertising agency. We develop, improve and moderate the Platform as “software as self-service”;
- None of our entities is responsible for any loss sustained by any person using this website or service;
- We take no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control;
- You understand and recognise that Apperito Group is not party to any agreement, contract or contractual relations, of any nature, entered into between the users of the Platform.
3.3. You must create a personal account (the “Account”) to manage the scope of the Service the Platform provides to You, to receive information on Your Account balance and to have access to records of your transactions via the Platforms. You, via your Account, can create and improve Your campaign on the Platform and select the targeting traffic to reach the audience and get conversions.
4. Platform operator
4.1. This website and services provided herein are managed by the Platform Operator which is:
4.2. We reserve the rights to assign the Intellectual Property constituting the Platform to any other company of the group, and to change the Platform Operator respectively.
4.3. Your use of this website is subject to our Terms of Service (there are Terms of Service fo Advertiser and Terms of Service for Publisher). By using this website you are agreeing to be bound by these terms and conditions.
4.4. The information contained in this website is provided on “as is” basis and for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the website.
5. Account. its creation and required identification
5.1. You need to follow the step by step web instructions to create an Account on the Site (“Registration Process”). The Account is neither a settlement account, nor a bank account, it is purposed for the recording of transactions and managing the campaign.
5.2. For creation of the Account, you are asked to provide your user name and email address. You should create the password which will be used for Your verification by the Platform.
In case anti-money laundering legislation, know-your-client rules or any other similar rules require Us to collect more data from You, You will be asked to provide the data which respective legislation considers sufficient. When such data are requested but not provided by You within time specified in the request or seven (7) business days as of the receipt of request we may suspend or cancel Your Account.
5.3. In respect of Your Account and Your identification, You hereby represent and warrant Us that:
- YOUR AGE IS 18 OF OVER;
- all the information you provided is real and valid;
- You do not use any means to mask your true identity or contact information;
- You have created the Account for Yourself and is not going and will not transfer your Account to anyone without Our written permission;
- You are not going to and will not use anyone else’s account or password at any time without the express consent of the holder of that Account;
- Your bank account is in the country which is not blacklisted (neither contained in FATF blacklist, nor in others).
5.4. MULTIPLE ACCOUNTS are not supported in the Platform. Please use one email-one password bundle as identification means for the Account.
6. Rejection, suspension or cancellation of the account
6.1. The Account becomes available immediately after creation, which means that we accept and recognize You as the Advertiser immediately relying on that:
YOU HAVE READ THESE TSA, CHECKED OUT THAT YOU ARE IN A RIGHT POSITION TO GIVE US WARRANTIES AND REPRESENTATIONS LISTED IN THESE TSA AND AGREED WITH THESE WARRANTIES AND REPRESENTATIONS BY BY CHECKING THE BOX AND CLICKING “I ACCEPT” BUTTON.
6.3. We reserve the right to reject Your Account registration, suspend or terminate Your Account at any time at our sole discretion when it is reasonable for us to believe your activity has violated other third parties’s legitimate interests or does not comply with any applicable law, judicial or administrative order.
6.4. In the normal course of business, We would reject, suspend or terminate the Account in the situations as follows:
- there have been any reason for Us to believe that the information provided by You is false and misleading,
- the breach of any of the warranties and/or representations, whether express or implied, took place or We have reasons to believe it took place;
- the breach of any of the obligations arising out of these TSA, including but not limited to unauthorised transfer of the Account to the third party, placing prohibited advertisements, took place or We have reasons to believe it took place;
- You have failed in providing us with sufficient information required by anti-money laundering, know-your-client or similar legislation;
- there have been any sign of the ad fraud; other reasons of the same nature where we are defining the similarity at our sole discretion.
6.5. We reserves the right to add, edit, remove or reclaim any Account details (including Your submissions) with or without your consent if deemed appropriate at Our sole discretion.
7. Mastering the advert - restrictions
YOUR OBLIGATIONS WHEN MASTERING THE CONTENT:
7.1. You are obliged to get access to the Platform, Account, master the content and use the Service complying with the Terms of Service. In case you breach or is likely to breach any of the provisions of this Terms of Service, the Platform reserves the right to take any of the measures which it considers reasonable including but limited to send you an email, ask you to modify or terminate the Service.
7.2. You shall not permit any third party to use or gain access to the Platform via your Account and shall take reasonable efforts to protect against unauthorized usage and/or access. You are obliged to report any unauthorised use or access founded to your Personal account to the Platform.
7.3. You agree that you are responsible for all activity that arises from your Account and all the content you are mastering.
7.4. You agree not to disclose to anyone outside the Platform any proprietary or confidential information (including but not limited to customer lists, operation process, programming code,know-how) acquired from your access to the Platform.
7.5. Ad fraud, traffic manipulation and similar activities are strictly prohibited. You warrant and represent us that you will act bona-fide when mastering the content and doing the campaign.
7.6. ALLOWABLE AND PROHIBITED ADVERTISEMENTS
(i) You are solely responsible for the content of the advertisement. The content of the advertisement shall not (be):
- illicit or illegal under the applicable law which is normally: Our country, Your country and countries of targeted audience;
- infringe any third party’s intellectual property rights;
- contain political, religious, or any such materials;
- shocking or intimidating;
- excessively sexual or violent nature;
- discriminatory or disparaging, especially toward one’s nationality, race, religious and sexual orientation;
- drug or weapon related;
- any other contents which the Platform considers would breach or conflict with the applicable laws or other third parties’ legitimate interests.
(ii) You are solely responsible for not infringing the intellectual property or other proprietary rights of any third party;
(iii) The Platform reserves the right to delete any of the content you created or uploaded which is conflict with the applicable law or other third parties’ legitimate interests.
8. Fees. payments. refund
FEES AND PAYMENTS
8.1. You first shall make a payment to the Account You created with a minimum deposit of One hundred (100) US Dollars netto before using the Service provided by the Platform. You can choose various payment methods including following payment systems: Webmoney and E-payments. The payment shall be made in the currency of US Dollars.
8.2. You bear bank commissions at taxes on Your side by Yourself.
8.3. The value added taxes, sales taxes and other taxes of the similar nature will be deducted from the Deposit where is is applicable.
8.4. PRICE FORMATION. As for Advertiser, the Fees paid are calculated on the basis of the terms of campaign such as pricing model, frequency of impressions, ads placement, number of acquisitions, GEOs and other terms.
8.5. In the occurrence of the following cases, the You are entitled to ask for a refund by sending a refund request to Our email.
(a) If the Advertisement has not been pushed to targeted traffic as required due to a software error;
(b) The placed Advertisement received zero or abnormal number of clicks due to a software error.
8.6. Please do enjoy Your right to detect any other possible software error and report to the Platform.
8.7. We reserve the right to conduct Our own audit to check and verify whether such technical error occurs. If confirmed by the Platform, a refund will be returned to You by crediting to Your Account within 30 working days.
8.8. No refund will be made due to any of the error of downtime of Your site.
8.9. The balance remaining in your Account will be refunded via the way You credit it within thirty (30) working days only if the termination of your Account is not due to your violation of these TSA and agreed by the Platform. In this case, you shall bear the commission fee (10% of the refund amount, but no less than $20).
8.10. Bonuses or any form of credit granted by the Platform are no subject to refund.
8.11. Having informed the user about the prices, terms and conditions of our products and being accepted by the user upon purchase, we inform that each claim will be evaluated individually before making any returns.
To request a Refund, the user can contact us via firstname.lastname@example.org to be attended by one of our agents. Once a return is confirmed, it will be effective on the card used in the purchase (not by other methods) within a maximum period of 10 business days.
9. Limitation of liabilities
9.1. The Platform is not responsible for Your relations with any other third parties.
9.2 The Platform acts an intermediary to connect Advertisers’ performance marketing campaigns with the quality push traffic. It does not engage in the transactions between them.
9.3. The Platform does not promise to deliver any certain number of visitors or clicks.
9.4. The Platform is not responsible for any of the error of downtime of Your site.
9.5. The Platform is not responsible for any content provided by third parties.
9.6. You agree to indemnify and hold harmless the Platform, its officers and directors, employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) suffered or incurred by the Platform which arise directly or indirectly from, or any breach by You.
9.7. The Platform Operator does not engage the Platform in any unlawful activities. Thus, You agree to indemnify and hold harmless the Platform, its officers and directors, employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any government penalties charged for unlawful activities if such represent Your activity.
10.1. GOVERNING LAW. These TSA shall be governed by and construed in accordance with the laws of England and Wales.
10.2. DISPUTE RESOLUTION. You and the Platform shall resolve any disagreements by negotiation. In case the disagreements can not be settled via negotiation within twenty (20) working days, all claims and disputes arising under or relating to these TSA are to be settled as follows:
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. Place of arbitration is Paris. The language of arbitration is English.
YOU WARRANT AND REPRESENT US THAT THIS ARBITRATION CLAUSE IS VALID DUE TO ENTREPRENEURIAL STATUS OF YOUR ACTIVITY.
11.3. NO ASSIGNMENT. You can not assign any rights or delegate any obligation hereunder without the written consent of the Platform.
11.4. FORCE MAJEURE. Neither the Platform nor You will be responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure ( including but not limited to war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations).
11.5. ENTIRE AGREEMENT. These TSA constitute the entire agreement between You and the Platform hereto with respect to the subject matter contained in these TSA and supersedes all prior agreements and understandings with respect to such subject matter.
11.6. SEVERABILITY. Any part, provision, representation or warranty of these TSA which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
11.7. NON-PARTNERSHIP. Nothing in this Terms of Service is intended, or shall be deemed, to establish a joint venture or partnership between You and the Platform.
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List of warranties and representations you gave us
(for informational purposes only)
You warrants and represents that:
1. You have full power and authority to enter into this Term of Services and perform its obligations hereunder.
2. The Advertisement, as well as the material and content of the advertisement you provided shall not be those forbidden under Section 7.6 of this TSA.
3. You are solely responsible for any liabilities arising from or in connection with any advertisement, contents of the advertisement or advertising material you placed.
4. Your activity in connection with the Service does not violate any law or the rights of any third party. You are solely responsible for any liabilities arising from or in connection with all of your activity in connection with the Services.
5. Warranties which are implied.