The following Terms & Conditions (the “Terms”) (as defined below) have been entered into between the customer registering an account on the Website (the “Customer”) and Airbots.ai (“Airbots.ai”), a company incorporated under the laws of Indian Government company.The Terms govern the use of the Service.
1.1 The following terms shall have the meaning ascribed to them below:
“Ad” means the ad created with the Content and published on a Third Party Website.
“Ad Campaign” means an advertising campaign created using the Service, containing optimized goals, targeting settings and advertising strategies.
“Aggregated Data” means data derived from Customer Data but is not considered personal data in Data Protection Legislation as this data does not directly or indirectly reveal a Customer’s or User’s identity. This data may be “Pseudonymised”.
“Content” means all texts, graphics, videos, pictures and all other information, such as the user generated ads, that the Customer, Users or anyone else uploads and/or publishes or in other ways makes available via the Service.
“Credits” means the credits on the Website that can be used to buy additional Features.
“Customer Data” means all data provided to Match2One by the Customer via, or in relation to the Services, which the parties recognise may contain personal data of the Customer and/or the User.
“Data Protection Legislation” or “DPL”: means all applicable laws, regulations and codes of conduct which relate to the protection of personal data and privacy.
“Features” means features within the Service, such as launching a new Ad Campaign and creating Ads by using a third party application provided within the Service.
“Intellectual Property Rights” means any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction whether existing now or acquired hereafter including any application or right to apply for registration of any of these rights.
“License” means the license to use the Service as described in section 3.
“Optimization Outcome” means the outcome of an optimization of the Ad Campaign. The Ad Campaign can be optimized by cost per thousand views, cost per click or click per acquisition of the Ad.
“Service” means the Service, as described in clause 2.1, provided on the Website by Airbots.ai with its current Features on the day of signing of the Terms.
“Website” means the Website located from which the Service is provided.
“Third Party Services” means any service within the Website not provided by Airbots.ai.
“Third Party Websites” means any Websites not provided by Airbots.ai.
“User” means any authorized user of the Service.
“User Account” means the account of the Customer.
2. THE SERVICE
2.1 The Service is an online self-service real time bidding advertising application platform which allows the Customer to create Ads by uploading or creating Content and through an automated process buy ad spaces from third parties. The Content is published on a Third Party Website. In addition to this, the Service enables audience targeting, intelligent prospecting and interactive performance reporting of the Ad Campaigns.
2.2 In the process of launching an Ad Campaign, the User will have to set a value regarding the preferred goal cost per Optimization Outcome. The Customer acknowledges and agrees that the set goal cost for the Optimization Outcome is an estimate and that Airbots.ai takes no responsibility for that the goal will be achieved.
2.3 In order to use the Service the Customer undertakes to install tracking scripts on the Customers Website. These tracking scripts are necessary and essential for the audience targeting and prospecting.
2.5 The Customer shall be responsible for obtaining and maintaining all hardware, software, communications equipment and network infrastructures required to access and use the Website and the Service.
2.6 Airbots.ai reserves the right to modify, suspend, and/or discontinue the use of the Service at any time, with or without notice. All new functionality, Features or services introduced to the Service will be subject to the Terms. Airbots.ai will make reasonable efforts to keep the Service operational and fully functional during updates.
3.1 Airbots.ai grants the Customer a worldwide non-exclusive and non-transferable License to use the Service. The License may consequently only be used for the specific Customer’s internal purposes and may not be resold. This does not include performance of services for the benefit of third parties, nor the use by the Customer’s affiliated companies. The License is valid as long as the Customer has a registered User Account.
3.1 The License is free of charge. However, Airbots.ai will charge the Customer in accordance with the at each time applicable fees provided in the Terms and on the Website for the use of the Features.
4. USER ACCOUNTS
4.2 The Customer is solely responsible and liable for all access to and all actions and activities conducted under the User Account, as well as its Users’ use of the Service. The Customer shall immediately inform Airbots.ai out any unauthorized use of its User Accounts.
4.3 Airbots.ai reserves the right to suspend any User or terminate any User Account if activities occur which constitutes or may constitute a violation of the Terms, Airbots.ai’s instructions or of any applicable local or international laws, rules or regulations. The Customer may cancel the User Account at any given time, without regard to any period of notice.
5. USE OF DATA
5.1 The Customer acknowledges and agrees upon that Airbots.ai shall have the right to use and share Aggregated Data, including Content to compile statistics and other marketing information and finally to improve, develop and modify the Service.
Legal Status of the Parties
5.2 The parties acknowledge that for the purposes of Data Protection Legislation that Airbots.ai shall be a data controller in respect of all Customer Data which it processes for any reason.
Creation and use of Aggregated Data
5.3 Airbots.ai shall have exclusive control over the creation and use of Aggregated Data, as well as the purposes to which such datasets may be put. Airbots.ai makes no warranty that any particular Customer Data will or will not be used for the purposes of creating Aggregated Data. The The Customer agrees that Airbots.ai may make such Aggregated Data publicly available, provided that it: 1) does not contain identifying information; and 2) is not compiled using a sample size small enough to make the underlying data identifiable. Airbots.ai and/or its licensors own all right, title and interest in and to the Aggregated Data and all related software, technology, documentation, and content provided in connection with the Aggregated Data, including all Intellectual Property Rights in the foregoing.
Warranties and acknowledgements in relation to Customer Data
5.4 The Customer warrants to Airbots.ai that:
5.4.1 it has and will maintain all necessary rights, licences, consents and authorisations to transmit the Customer Data to the Company and to permit it to be processed for the purposes contemplated by these Terms;
5.4.2 it shall comply with Data Protection Law in all respects at all times; and
5.4.3 all Customer Data which it transmits to the Company will be accurate and up to date and that it shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of that data;
5.5 Airbots.ai warrants to the Customer that:
5.5.1 it will comply with Data Protection Legislation at all relevant times and shall process Customer Data only as specified in these Terms; and
5.5.2 it shall satisfy a relevant condition for processing to enable it to process and use the Aggregated Data in the fashion contemplated by these Terms.
6. PROHIBITED USE OF THE SERVICE
6.1 The Customer shall use the Service for lawful purposes only. The Customer agrees not to use the Service for posting, transmitting or otherwise distributing illegal or other inappropriate material.
6.2 The Customer agrees to, within the scope of the Service and in relation to Airbots.ai: not to defame, abuse, harass, threaten or otherwise violate the legal rights of others, including Airbots.ai; not publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Airbots.ai, the Service or Users in any way.
7.1 The Service includes functions for uploading, posting, linking and communicating and otherwise making Content available for others. By uploading Content to the Service, the Customer warrants that it is either the owner of the Content or that it holds a valid permission to such Content from the appropriate right holder, meaning that the Costumer’s use of the Content in no way infringes a third party’s rights. Furthermore, the Customer warrants that the Content, or the Customer’s use thereof, is in no way a violation of any national or international legislation or any third party rights.
7.2 Unless nothing else is agreed upon between the Customer and Airbots.ai, Airbots.ai undertakes to host all Content provided by the Costumer, meaning that Airbots.ai undertakes to deliver the Ad Campaign from the Airbots.ai server to a Third Party Website. In order for Airbots.ai to do so, the Customer grants Airbots.ai a worldwide, non-exclusive, royalty-free, transferable right to distribute and display all the Content, or any part of it, and the intellectual property rights therein.
7.3 Airbots.ai makes no representation or warranty as to the accuracy, timeliness, quality, completeness, suitability or reliability of any information or data accessed on or through the Service. No information obtained from Airbots.ai or the Service shall create any warranty if not expressly stated in the Terms. Airbots.ai does not examine or take any responsibility with regards to the validity of information provided by the Users.
8. INTELLECTUAL PROPERTY
8.1 The Service and its original content, Features, functionality and design elements are and will remain the exclusive property of either Airbots.ai or the owner of a Third Party Service. The Customer’s use of the Website and the Service is limited to the rights granted to the Customer under the Terms. Airbots.ai’s intellectual property may not be used in connection with any product or service without Airbots.ai’s prior written consent.
8.2 The Website, the Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, viWebsited or otherwise exploited for any purpose inconsistent with the limited rights granted to the Customer under the Terms.
9.1 The Customer shall indemnify and hold Airbots.ai harmless with respect to all direct and indirect liability, losses, damages, costs or expenses caused, arising out of, or in connection with (i) the Customer’s negligence, (ii) the Customer’s breach of the Terms, or (iii) the Customer’s misuse of the Service.
11. LIMITATION OF LIABILITY
10.1 Airbots.ai does not guarantee uninterrupted, secure or error-free operation of the Service. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Airbots.ai is not responsible for neither technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from User Accounts.
10.2 The Customer is at all times responsible for the Content uploaded or otherwise made available by its Users. This means that Airbots.ai is not responsible for the Content or the use thereof. Furthermore, Airbots.ai assumes no responsibility for the content, advertising, goods or services, privacy policies or other practices of any Third Party Services that may be reached by links presented in the Service.
10.3 The Optimization Outcome that is counted per Ad Campaign will be counted with the counting tools provided by Airbots.ai. Airbots.ai takes no responsibility for any difference in the result between the count of a Airbots.ai tool and a third party tool.
10.4 Any recommendations and/or instructions from Airbots.ai or any of Airbots.ai’s employees on how to use the Service shall not be considered as consultation or advice in each specific case. Airbots.ai is therefore not responsible for any outcome or result of such recommendations and/or instructions.
10.5 Airbots.ai is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User Accounts. To the maximum extent permitted by applicable law, in no event shall Airbots.ai be liable for any, indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with the Terms. This shall include, but not be limited to, any loss of; profit, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
11.1 In the event Airbots.ai materially breaches the Terms, and such breach remains uncured for a period of more than ten (10) days after notice from the Customer (“Notice period”),the Customer shall be entitled to a refund equal to ten (10) percent of the cost spent on the last Ad Campaign, for every day that the material breach remains uncured, however limited to a maximum of thirty (30) days or any shorter period left of the ongoing contract term. Such refund 3 claim must be presented to Airbots.ai in writing within fifteen (15) days from end of the Notice period.
11.2 If Airbots.ai is found to be liable to the Customer for any damage or loss which arise out of or is any way connected to the use of the Service, Airbots.ai’s liability shall in no event exceed the amount of the latest twelve (12) months’ worth of fees paid by the Customer.
11.3 The Customer has no further rights to compensation, outside of what is stated in this section 12.
12. BREACH OF THE TERMS
12.1 Should the Customer, or any of its Users, use the Service in violation of the Terms, Airbots.ai shall have the right to: i) delete any Content produced by the Customer, ii) suspend and/or terminate the Customers User Account iii) terminate the Terms, and iv) receive a reasonable compensation for its losses connected to the Customer’s violation.
12.2 Airbots.ai reserves the right to directly limit the use of or access to the Service and to block, restrict or delete any Content at any time, for any reason and without liability, if such use, access or Content constitutes or may constitute i) a violation of the Terms in general or of any applicable local or international laws, rules or regulations, or ii) a risk of harming Airbots.ai’s trademarks, goodwill or reputation.
14. FORCE MAJEURE
13.1 The parties shall be relieved from any liability for any delay or failure to perform any obligation under the Terms during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the reasonable control of the party (“Force majeure”), such as war, warlike hostilities, labor disturbances, fire, flood, or other circumstances of similar importance.
13.2 The party desiring to invoke an event of Force majeure shall as soon as possible provide the other party with a written notice.
13.3 If the performance of these Terms is severely hindered for a longer period than three (3) months due to a Force majeure event, either party shall be entitled to terminate these Terms with immediate effect. Upon termination due to a Force majeure event, each party shall bear its own costs incurred by the termination.
14. CHANGES TO & ASSIGNMENT OF THE TERMS
14.1 Airbots.ai may, at any time and for any reason, amend the Terms by publishing the amended Terms on the Website. The amended Terms shall automatically be effective upon publishing.
14.2 Neither the Terms nor any obligation or right hereunder may be assigned or transferred by the Customer without the prior written consent of Airbots.ai.
15. DURATION AND CANCELLATION
15.1 The Terms shall commence and remain in force as long as the Customer has a registered User Account.