Thank you for using AdSigner. By using AdSigner, you agree to our Terms and Conditions, which is a legal agreement. If you are using AdSigner for an organization or any other legal entity, you are agreeing on behalf of that organization or any other legal entity, you are declaring that you have all the necessary authorizations to engage this organization or any other legal entity.
Our Terms and conditions apply to your use of our Websites and Services. Should you not have the necessary authorizations or you do not agree with these terms, don´t click the »I agree to the Terms and Conditions« check box, meaning that you will not be able to use the service.
Definitions
When we say, “we,” “our,” or “us,” we’re referring to AdSigner (Erpium d.o.o., limited liability company), our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the AdSigner Services.
When we say “Terms,” we mean our Terms and Conditions, which includes our Privacy Policy.
When we say “Websites,” we mean our websites located at adsigner.com, including all subdomains and sites associated with this domain, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up AdSigner. When we say “AdSigner,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices. When we say “account” we are referring to your account or to organization in AdSigner.
General Rules
To use AdSigner, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on AdSigner;
- You will use AdSigner in compliance with all applicable laws, rules, and regulations;
- You will not use AdSigner to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use AdSigner to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences. Violation of any of the Terms may result in the termination of your account.
As long as you comply with our Terms, we grant you a non-exclusive, non-transferable, limited privilege to use AdSigner. Your use of AdSigner is at your own risk.
Technical support is only provided to paying account holders and is only available via e-mail.
You must not modify, adapt or hack AdSigner or modify another website in order to falsely imply that it is associated to the AdSigner, or any others.
You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited e-mail, SMSs, or »spam« messages.
You must not transmit any worms or viruses or any code of a destructive nature.
We shall not be liable for acquiring, processing, importing, exporting or using your information. As a user, you are obliged to carry out all the procedures, regarding ZVOP-1. Upon transition to the paying account, we play the role of a contractual manager of the base, which is defined in a separate contract, made upon transition to the paying account.
We do not guarantee that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other goods purchased through the service will meet your expectations.
You subscribe to our Newsletter.
Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We do not pre-screen the content, however we have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
We own AdSigner and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of AdSigner, our Services, or our content on AdSigner without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into AdSigner or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid e-mail address, and any other information required in order to complete the register process.
Your login information may only be used by one person a single login shared by multiple people is not permitted.
You are responsible for all posted content and activity that occurs under your account.
One person or legal entity may not maintain more than one free account.
You agree that the personal and other information transmitted when registering to the service and the information on other users, who will be able to use the service with your permission, will be used for the purpose of regularly notifying you about the novelties, activities of AdSigner and upgrades of the service.
Payment Terms
For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
We accepts major credit cards, debit cards, and Paypal payments. Virtual credit cards and gift cards typically will not be accepted. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an e-mail address. All invoices are denominated, and Subscriber must pay, in EUR. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date.
There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to AdSigner or by e-mail.
Arrearages
Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, we may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs.
Suspension for Nonpayment
If you are past due on your balance, we may send up to three (3) e-mail notifications within a fifteen (15) day period before suspending the account. Service for your account will be unavailable during the suspension period. We reserves the right to delete cancel or terminate suspended accounts after the final termination notice. In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. All of your information will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Account Settings and closing your account. An e-mail or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. All of your information will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
We also reserve the right, but do not have any obligation, to refuse to anyone and cancel your account(s) without notice for any or no reason at all. Such cancellation of the service will result in the deactivation and/or deletion of your account or the access to your account, and the forfeiture and relinquishment of all content in your account.
API Terms
You may access your AdSigner account data using the AdSigner API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses AdSigner, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to AdSigner via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Indemnification
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of AdSigner.
Representations and Warranties
We provide AdSigner on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) AdSigner will meet your specific requirements, (ii) AdSigner will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of AdSigner will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through AdSigner will meet your expectations, and (v) any errors in AdSigner will be corrected.
Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of AdSigner and any linked sites and services. Your sole remedy against us for dissatisfaction with AdSigner is to stop using AdSigner. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data, goodwill or other intangible losses, resulting from your use of AdSigner.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of AdSigner, including all disputes, will be governed by the laws of Slovenia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Slovenia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
Severability
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of AdSigner, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Amendments and Changes
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance AdSigner shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of AdSigner following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to AdSigner, or any portion of AdSigner for any reason; (2) to modify or change AdSigner, or any portion of AdSigner, and any applicable policies or terms; and (3) to interrupt the operation of AdSigner, or any portion of AdSigner, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Questions
If you have any questions regarding this Terms of Conditions, please contact us by e-mail at terms@adsigner.com, or please write to the following address:
Erpium d.o.o.
Letaliska cesta 3c,
1000 Ljubljana
EU – Slovenia
Last updated: August 30, 2019
