Terms And Conditions of Use
BEFORE USING OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND/OR THE SERVICES.
Date of last revision: August 22, 2016
These are terms and conditions of use of www.affise.com website (“Site”). Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Services. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the individual is registered as a User (as defined below in Definitions) or is using the site as a Visitor (as defined below in Definitions) without registration.
We reserve the right, at our sole discretion, to change or modify whole or portions of these Terms and Conditions at any time without further notice. Changes to these Terms and Conditions will be posted on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Services. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
Aditec Solutions: Aditec Solutions UAB, Mokslininkų str. 2A, Vilnius, the Republic of Lithuania, who is the provider of the Services.
End – User agreement
: Agreement which shall be concluded between User and Aditec Solutions in order to use Services through Site using the Software.
: A document that lists the prices for the Services provided on the Site.
: The document setting out how Aditec Solutions collects, uses, retains and transfers personal data and other important information from any User or Visitor.
: The performance marketing software solution (software as a service) provided by Aditec Solutions through Site using the Software to Users, subject to these Terms and Conditions and End - User agreement made between the parties.
: The website located at the address http://www.affise.com, as well as the mobile applications made available by Aditec Solutions.
: Performance marketing software and any and all upgrades, additions, enhancements, modifications, custom and other software hereafter obtained or developed, in whole or in part, by Affise Technologies, as IP owner, and purchased by Aditec Solutions under exclusive license agreement.
Terms and Conditions
: The present Terms and Conditions with their appendices and all further and subsequent supplements and amendments.
: Any person who, after having registered for the Site and conclusion of End - User agreement, is entitled to use all the Services on the Site.
User’s Account or Account
: The account resulting from a User’s registration on the Site, containing personal data including data with regard to the use of Services on the Site.
: Any person who not registered for the Services but may visit the Site, subject to the Terms and Conditions, to the extent that Aditec Solutions does not require registration for such use.
Aditec Solutions, through the Site, provides Users the performance marketing software solution. Aditec Solutions charges for the Services as detailed in the Pricelist. The owner of intellectual property rights of Software is Affise Technologies, a company incorporated and existent in the Republic of Cyprus with address 8 Ioanni Kondylaki , Istra Building, 1st floor, Office 101, Limassol, 3022 Cyprus.
3.1. Requirement for the Services and use of the Site
To use the Site and the Services you should be at least 18 years old. You need to register on the Site and to provide only accurate, complete, and up-to-date personal and/or company information. Each time you access the Site you shall be required to login by using your email and password as provided with your registration.
If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes.
3.2.Information on the Site
With respect to the use of the Site, Aditec Solutions strictly prohibits, and you agree not to engage in (i) offenses against any individual and his privacy and (ii) the uploading of indecent materials or the use of the Site in any matter that is inconsistent with applicable laws or such as to injure Aditec Solutions business reputation.
You agree that Aditec Solutions is not responsible or liable for any contentand links posted by you on the Site. Aditec Solutions is entitled to remove from the Site any information. You use the Site at your own risk.
3.3. Communication and offers
Aditec Solutions is entitled at any time to publish on the Site any proposals, to propose new Services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, the latter shall prevail.
Aditec Solutions or authorized representative shall provide to Users support limited to the use of the Site and/or Services. Technical support shall be delivered 24/7 in English or Russian via support request form on the Site.
Aditec Solutions is entitled to receive remuneration for the Services according to the prices indicated in the Pricelist, available at https://affise.com/#section6.
You acknowledge and agree that Aditec Solutions is entitled, at its sole discretion, to change the Pricelist at any time. Aditec Solutions shall post such changes on the Site. Unless otherwise stated, all fees are quoted in USD.
All payment conditions as well invoice issuing terms are indicated in the End – User agreement.
5. GENERAL RESPONSIBILITIES
All Users and Visitors acknowledge and agree that Aditec Solutions is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Services and/or their compliance with applicable law.
Every User is responsible and must comply with all applicable laws related to his/her use of the Site and the Services. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other individuals.
You acknowledge and agree that Aditec Solutions is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a User actions while using the Site and/or Services. Only User himself is responsible for his actions while using the Site and/or Services and his/her compliance with all applicable laws.
6. USERS’ RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES
6.1. Rights, Obligations and Responsibilities
Users undertake the following: (i) when registering on the Site to provide true information about himself or herself, including his or her real name, company he represents, contact details; (ii) to sign up for the Site only once and not to create more than one Account (one Account per User); (iii) not to use the Site and/or Services for performance of unlawful actions or transactions or frauds; (iv) not to copy or to otherwise make an illegal use, of information placed on the Site that was uploaded by Aditec Solutions or any other third party; and (v) to ensure that all information provided is correct.
Users and Visitors undertake that, in using the Site and Services, they will: (i) not infringe property rights or personal non-property rights of Aditec Solutions and any third parties (including intellectual property rights); (ii) not violate any applicable laws or regulations; and (iii) not upload any data that is contrary to law or contains any viruses or other computer programs or files that may (xi) interfere with the normal operation of the Site and/or Services, (xii) cause damage to the Aditec Solutions or User or their property, or impede a User’s use of the Site or Services and the User’s computer.
You also agree and shall not to use the Site and/or the Service for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to, (i) not to use any hacking or cheating software or tools to obstruct, disrupt or interfere with the operation of the Site and/or the Services; (ii) not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or the Service, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site and/or Service; (iii) not obtain or attempt to obtain any information from the Site and/or the Service, including email addresses or phone numbers of other account holders or other software data; (iv) not to use the Site and/or the Services for any illegal, obscene, offensive or immoral purpose.
Aditec Solutions is not responsible for any User`s behavior while using the Site or the Services. Users are solely responsible for his/her use of Site and/or the Services, including the use by their employees or any unauthorized person.
Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Aditec Solutions of any unauthorized use of their password or account or any other breach of security, and (ii) ensure that they exit from their account at the end of each session when accessing the Service. Aditec Solutions will not be liable for any loss or damage arising from your failure to comply with these obligations.
Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data (particularly, all data submitted during registration at the Site).
6.2. Representations and Warranties
When using the Site, you represent and warrant that you: (i) are 18 years old or older; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions, End-User Agreement and any other Site Rules; (iii) shall be fully and exclusively responsible for any use of the Site and Services; (iv) have the to represent the legal entity on behalf of which you order Services and commit to payments on its behalf; (v) shall pay any and all taxes related to the use of the Services; and (vi) shall promptly pay Aditec Solutions for any paid Services pursuant to the fees and procedures specified in the Pricelist, and you understand that the non-performance of such obligations may result in an obligation to provide full compensation for any losses incurred by the Aditec Solutions.
7. RIGHTS AND RESPONSIBILITIES OF ADITEC SOLUTIONS
Aditec Solutions is entitled, at its sole discretion, to limit or terminate a User’s or Visitor’s right to use the Site and/or Services, including deleting any information User uploaded to the Site, canceling a User’s Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site.
Aditec Solutions shall have the right, at its sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User’s User Account, as a result of which the User may be deprived the right to use the Site or any of the Services.
Aditec Solutions has the right (but is not required to), with an aim of restraining illegal activities, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. Aditec Solutions, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users.
Aditec Solutions is entitled at any time to (i) modify, update and change the Site and/or Services; (ii) remove or modify features, functionalities of the Site and/or Services; (iii) stop or terminate a Services entirely or in part; or (iv) rearrange any uploaded or posted information.
Aditec Solutions is entitled to terminate its legal relationship with any User as provided in End-User Agreement.
Aditec Solutions is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
8. PERSONAL DATA
9. ADDITIONAL AND GENERAL LEGAL PROVISIONS
9.1. Site Content
The contents of the Site, such as text, graphics, images, trademarks, service marks, logos and other material, (collectively “Content”), are protected by copyright and other intellectual property laws under both Republic of Lithuania and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, create derivative works or otherwise use or exploit the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
9.2. Limited warranty
The Content may contain inaccuracies or typographical errors. Aditec Solutions makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Services. The use of the Site, the Services and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
ADITEC SOLUTIONS DOES NOT WARRANT THAT THE SITE AND/OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SRVICES, THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. ADITEC SOLUTIONS DOES NOT WARRANT AND DOES NOT GUARANTEE THE ABSENCE OF ERRORS AND FAILURES IN THE OPERATION OF THE SITE AND/OR SERVICES, INCLUDING THE CORRECTNESS OF WORK OF THE SOFTWARE AND AVAILABILITY OF THE SYSTEM. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ADITEC SOLUTIONS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ADITEC SOLUTIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES.
9.3. Limitation of Liability
IN NO EVENT SHALL ADITEC SOLUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE SERVICES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF ADITEC SOLUTIONS TO YOU FOR ALL CLAIMS ARISING FROM THE SITE, THE SERVICES AND THE CONTENT IS LIMITED TO SIX MONTHLY FEES FOR THE CHOSEN SUBSCRIPTION PLAN.
You agree to defend, indemnify, and hold harmless Aditec Solutions, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services or the Content or your breach of these Terms and Conditions. Aditec Solutions shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
9.5. User Submissions
User’s materials (i.e. ads, campaigns, landers, labels etc.) are and shall remain their sole and exclusive property. By posting communications to the Site, you automatically grant Aditec Solutions a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication.
Aditec Solutions has the right to use the trademark (service mark) or the User's logo, as well as its name by posting on the Aditec Solutions service and in promotional materials during the term of this agreement and for a period of three (3) years after the termination of this agreement.
9.6. Links to Other Sites
The Site may contain links to third party web sites. Aditec Solutions is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web site, you do so at your own risk.
These Terms and Conditions are governed by the laws of the Republic of Lithuania without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the End-User Agreement.