Terms of Service

 

I. DEFINITIONS

Whenever in these document a reference is made to:

  1. “User Profile” – it shall mean the User’s login credentials, name, last name, organization, and access rights to the third-party Ad Platform within the Application, granted specifically to the User by connecting third-party data to the Application;
  2. “Agreement” – it shall mean any agreement between the User and the Provider regarding the use of the Application and based on these Terms of Service;
  3. “Application” – it shall mean the site and the application available at www.adsdefender.com, made available as a software-as-a-service;
  4. “User Account Agreement” – it shall mean the Agreement between the User and the Provider regarding both the creation of the User Profile and the access to the User Account;
  5. “Charges” – it shall mean any and all charges due to the Provider in association with the User’s access and use of the Application;
  6. “Consumer” – it shall mean a consumer within the meaning of Polish Act of 23rd April 1964 – Civil Code (Journal of Laws of 2016, pos. 380 with later amendments) or any local applicable regulations if the relevant consumer protection regulations stipulate that only local law may apply to the relations between a consumer and an entrepreneur;
  7. “Intellectual Property Rights” – it shall mean all forms of proprietary rights, titles, interests, and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, droit moral (moral rights), and all similar rights of every type that may exist now or in the future in any jurisdiction, including without limitation all applications and registrations therefore and rights to apply for any of the foregoing;
  8. “Operation Data” – it shall mean data regarding the operations of the Application and the User’s use thereof; the said data may include, in particular, when and how often the User uses the Application and particular features of the Application. It does not include personal data within the meaning of Polish Act of 29th August 1997 on personal data protection (Journal of Laws of 2015, pos. 2135 with later amendments);
  9. “Provider” – it shall mean Hurra Communications Spółka z ograniczoną odpowiedzialnością (address: Włóczków 7, 30-103, Kraków, Poland), registered in Polish register of entrepreneurs of the National Court Register under the number: 0000209381), e-mail address: support@adsdefender.com;
  10. “Services” – it shall mean the services provided by the Provider with relation to the Application, in particular the access to the Application;
  11. “Terms of Service” – it shall mean the present terms of service;
  12. “User” or “you” – it shall mean an entity, by or for whom or which the Application is or may be accessed in accordance with these Terms of Service and with the legal regulations in force or with whom or which an agreement on provision of the services consisting in the Application may be concluded;
  13. “User Account” – it shall mean a third-party Ad Account connected to the User Profile, in particular the one the User uses the Application for to protect them;
  14. “Ad Platform” – it shall mean a platform which holds the Ad Accounts in purpose of using them for advertisement (i.e., Google Ads, Facebook);
  15. ”Ad Account” – it shall mean advertising accounts maintained by the Ad Platform.

II. CONFORMITY WITH THE LAW

  1. For purposes of the Users, these Terms of Service shall be governed by and construed in accordance with the law of the Republic of Poland.
  2. These Terms of Service constitute the rules of rendering electronic services within the meaning of Polish Act of 18th July 2002 on rendering electronic services (Journal of Laws of 2013, pos. 1422 with later amendments).

III. ACCOUNT

  1. The Provider offers the Services governed by these Terms of Service only to the User defined as a natural or legal person, or organizational entity not being a legal person, but to which special regulations grant legal capacity (including partners in a civil partnership), conducting in its own name an economic or professional activity, which accepts these Terms of Service in electronic form. Accordingly, the Services are excluded from being governed by the Act of 30 May 2014 on Consumer Rights (Polish Journal of Laws, Dz. U. from 2014, item 827).
  2. You sign up for the Services by creating your User Profile through your User Account.
  3. By creating a User Profile, you agree to comply with these laws and regulations.
  4. A User Profile must identify a person who is able to sign contracts. Personal information of that person must be provided.
  5. The Provider has a right to verify the authenticity of the User Profile information and demand to correct them by contacting the email address defined for that User Profile.
  6. Failure to provide the correct information or to correct them cannot be a reason to dissolve the Agreement.
  7. If you are creating a User Profile on behalf of an entity, organization, or company, you warrant that you have the authority to sign deals on behalf of such an organization.

 

IV. SERVICES

  1. The Services are in trial version, which lasts from May 27, 2019, to August 1, 2019.
  2. The Provider will do their best to guarantee that all the functionalities of the Services work properly in trial version. However, owing to the nature of such an early stage of software development, it’s acceptable that in specific conditions some functionalities may not work correctly.
  3. The User should have the above in mind and additionally verify their actions beyond the Application.
  4. The Services are dedicated to entities that agree to test, report Application-related problems, and being monitored, in return for the possibility to use the Services free of charge during the trial-version period.
  5. Google Ads is currently the only supported Ad Platform.
  6. Service Site Check:
    1. Consists in automatic checking of the availability of a page through sending HTTP requests (server pinging) to that page’s server.
    2. The checking covers specific URLs defined by the User in the Application user interface.
    3. The Application is able to examine if a page is available by checking the status of the HTTP response or by checking HTML content of that page’s URL.
    4. If a page is not available, the Application performs the following actions:
      1. Sends an alert to the email address defined during the sign-up process;
      2. Pauses all ad campaigns in the connected Ad Accounts, if that option has been enabled by the User.
  7. Service Link Check:
    1. Consists in automatic checking of the availability of a page through sending HTTP requests to that page’s server.
    2. The checking covers specific URLs, which are automatically downloaded by the Application from the connected User Account.
    3. The Application is able to examine if a page is available by checking the status of the HTTP response from that page’s URL.
    4. If a page is not available, the Application performs the following action:
      1. Sends an alert to the email address defined during the sign-up process.
  8. Connection with an Ad Platform:
    1. URLs that the User wants Site Check to examine should be defined in the Application.
    2. Service Site Check requires downloading information about an Ad Account and its status.
    3. Service Link Check requires downloading the full Ad Account structure to scan that Ad Account and find not working URLs.
  9. Accepted/desired HTTP codes that the Application interprets as not working pages:
    1. 404;
    2. 500, 501, 502, 503.
  10. Possibility to ping a server:
    1. Our server should be unblocked by webmasters or system administrators. Blocking Ads Defender on a site may cause the Application to interpret that site as not available and, as a result, to pause ad campaigns in your Ad Account.
    2. Both sending notifications and pausing/resuming ad campaigns will take time proportionally to a site’s response time.
  11. Possibility to get alerts:
    1. The email address used to sign in is the email address to which the alerts will be sent.
    2. To guarantee the reliability of the Services, the defined email address must be working, its inbox should not be full, automatic message redirecting should not prevent the alert messages from being lost, etc.
    3. Blocking our email address should be disabled and all efforts to not let our alert messages land in spam folders taken, or you should inform us that our alert messages do land in spam folders.
  12. Access rights to Ad Accounts:
    1. Technical limits:
      1. Do not block cookies (essential) from Ad Platforms.
      2. Do not block our cookies (essential).
      3. The User must be able to authorize through an Ad Platform (i.e., be able to sign in to that Ad Platform) to integrate our Application.
      4. If our Application has been revoked access to the User’s Google Account and our attempts to authorize fail, we’ll send notifications and finally delete the whole Ad Account structure and the User Profile.
    2. The User must have a right to manage ad campaigns and to use tools that automatically manage ad campaign statuses (like our Services).
    3. The User agrees to connect their Ad Accounts with our Application and fetch those Ad Accounts’s structures to our Application.

 

V. APPLICATION

  1. The User agrees not to, not to attempt to, nor allow any third party to:
    1. copy, distribute, lend, license, sublicense, sell, resell, time share, lease, or transfer the Application or otherwise commercially exploit or make the Application available to any third party;
    2. decipher, decompile, reverse engineer, or disassemble the Application or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the Application;
    3. adapt, modify, or hack the Application or otherwise attempt to gain unauthorized access to the Application or related systems or networks;
    4. create derivative works based on the Application;
    5. modify, remove, or obscure any copyright, trademark, patent, or other notices or legends that appear in the Application or during the use and operation thereof;
    6. falsely imply any association or sponsorship with the Provider;
    7. publicly disseminate performance information or analysis (including benchmarks) relating to the Application;
    8. use the Application in any unlawful manner, including, but not limited to, violation of any person’s privacy rights;
    9. use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components;
    10. use the Application to develop a competitive Application or product offering.
  2. The User may not use any automated means, including agents, robots, scripts, or spiders, to access or manage the Application, except solely to the extent as may be specifically enabled and authorized by the Provider.
  3. The User’s access to or use of the Application may be suspended or terminated by the Provider if:
    1. such action is necessary to ensure the safety of the system or the network which is used by the Application; or
    2. the User breaks the Terms of Service;
    3. the User gained access to the Application in an unauthorised manner.
  4. The User is responsible for safeguarding the login credentials that they use to access the Application and for any activities or actions under that User’s password. The User agrees not to disclose their credentials to any third party. The User is obliged to notify the Provider immediately upon becoming aware of any breach of security or unauthorized use of their User Account.
  5. The Provider is not obliged to provide the User with any advice or training with respect to the use of the Application.
  6. The User is responsible for compliance with the provisions of these Terms of Service by any and all persons using the Application under the User Account. The User is responsible for any actions any person that the User grants the access to their User Account conducts using that User Account.
  7. The scope of the functionalities and their specific properties may change through time. Their description is available for the User upon logging into the User Account.
  8. The Provider may publish suggestions for the User on how to use the Application; e.g., which HTTP codes should be used when a site is put in maintenance mode. Such suggestions, however, are not an element of the Services of the Provider and are not binding. They may be based on the Provider’s general experience in the electronic marketing.

VI. INTELLECTUAL PROPERTY RIGHTS

  1. The Provider owns all the Intellectual Property Rights in and to the Application (including without limitation all underlying source code, algorithms, and models). Nothing herein shall be construed to transfer any rights, title, or ownership of the Application or any Provider’s software, technology, materials, or know-how. The Application is made available in a software-as-a-service model.

VII. TERMINATION OF AGREEMENTS / DELETING OF THE USER ACCOUNT

  1. Subject to further provisions of these Terms of Service, the User Account Agreement may be terminated in accordance with the legal provisions, as well as – within the scope permitted by law – by each party at any time through cessation of making the Application accessible (by the Provider) or through cessation of using the Application (by the User).
  2. Deleting the structure from Ads Defender
    1. To delete data used to check the availability of the defined landing pages, unconnect your Ad Account using the Application. Unconnecting the Ad Account means all data related to that Ad Account’s structure will be deleted and the OAuth access to Google Ads revoked.
  3. Deleting the connection in Google Ads
    1. To revoke the access through the Google Ads UI, go to your Ad Account settings and unconnect Ads Defender.
  4. Deleting the User Profile
    1. To delete data on email, first name, and last name, request the Provider at support@adsdefender.com. The User Profile and the Ad Accounts’ structures can be also deleted from the Application automatically after trial version period is over -- unless the User agrees with the Provider otherwise.

 

VIII. COMPLAINT PROCEDURE

  1. In the event the User finds any malfunctions or errors of the Application which constitute infringement of these Terms of Service attributable to the Provider, the User may file a complaint via email sent to support@adsdefender.com.
  2. The complaints referred to in point VIII.1. shall be dealt with by the Provider within a reasonable time.
  3. As soon as the Provider’s decision upon the complaint is made, the User shall be informed by the Provider on acceptance of the complaint or that the complaint is without merit in the Provider’s opinion.
  4. A complaint should include:
    1. indication of the User making the complaint and the email address used for the User Account (the User should never send their passwords);
    2. indication of the functionality of the Application that complaint regards and a description of the malfunction.
  5. During the complaint procedure, the Provider may ask the User for additional explanation, information, or verification of the course of the situation than caused the complaint.
  6. The Provider reserves the right to modify, add, or delete any documents, information, templates, sites, or other content appearing on or in connection with the Application, including these Terms of Service, at any time without prior notice of the User.

IX. PROVISIONS REGARDING USERS

  1. The Provider indicates that the Application is provided on an “as is” and “as available” basis with no representations or warranties of any kind.
  2. The Application is moreover provided without warranty of any kind, express or implied, including but not limited to the warranties of availability (also future availability), accessibility (i.e., the Provider does not guarantee that the Application will be accessible from each operating system or electronic device), merchantability, fitness for a particular purpose and noninfringement. In no event shall the Provider be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of or in connection with the use of the Application or the use or other dealings in the Application.
  3. The Provider shall not be liable to the User in connection with any actions or omissions performed by the User in connection with the use of the Application (e.g., incorrect data provided by the User).
  4. The Users agrees to indemnify, defend, and hold harmless the Provider and its subsidiaries, affiliates, officers, and directors from and against any and all claims, lawsuits, damages, losses, liabilities, and costs (including attorney fees) that directly or indirectly arise or result from your use or misuse of the Application, any violation by the User of any of the provisions of this agreement or the privacy policy, or any infringement by the User of any third party’s rights.
  5. Any breach of these Terms of Service by the User may result in an immediate termination of the User Account Agreement along with deletion of the User Account.

X. HARDWARE & COOKIES

  1. In order to fulfil the legal requirements, the Provider hereby informs that:
    1. usage of the electronic services, in particular of the Application, by means of the internet, involves certain risks. The main one is the possibility of infecting the ICT system by viruses, malware, and Trojan horses. In order to avoid the threats associated with them, it is recommended that the Users install anti-virus software on their devices and ensure such software is up-to-date;
    2. the Provider inserts so-called “cookies” files to the ICT system used by the User (cookies are small pieces of text sent by the site to the web browser, which are re-sent by the browser during next visits to the site). Cookies are used mainly to keep the sessions( i.e., keep the User logged-in). They may, however, be used for other aims – thanks to cookies the User does not have to fill in the same information every time they return to the site. More detailed information regarding cookies may be found in the privacy policy and in the cookie policy.
  2. For proper operation of the Application, the User’s computer system should meet the following requirements:
    1. have access to the internet;
    2. have an installed web browser in the newest version provided by the producer;
    3. the web browser must support JavaScript and cookies;
    4. have minimal screen resolution of 1024x768, although recommended resolution is 1280x800.
  3. The User is solely responsible for installing, purchasing, and configuring all hardware and software necessary for the User’s access to and use of the Application.
  4. The Provider’s privacy policy is available under the address: https://adsdefender.com/privacy-notice.

XI. OPERATION DATA

  1. The Provider informs, and the User acknowledges, that the Provider shall collect the Operation Data.

XII. FINAL PROVISIONS

  1. The illegality, invalidity, or unenforceability of any provision of these Terms of Service shall not affect the legality, validity, and enforceability of any other provisions hereof.
  2. If any provisions of these Terms of Service expressly state that particular actions or omissions constitute breach or gross breach of the Terms of Service, it does not mean that failure to comply with any other provisions does not constitute such breach.
  3. Unless the absolutely binding provisions of applicable law state otherwise, Polish state court having territorial jurisdiction over the address: Rynek Główny 1, Kraków, shall be competent to resolve any and all disputes that may arise in relation to these Terms of Service. This provision does not apply to the Consumers.
  4. The Provider’s failure to enforce any provision of these Terms of Service shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by the Provider of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.