AD GENIUS TERMS OF SERVICE
These Terms of Service (“Terms”) (together with the documents referred to herein) outline the terms and conditions on which you may make use of our website www.adgenius.ai and related platform whether as a guest user or a registered user. Use of our website and/or platform includes accessing, browsing and registering to use our website, platform or other services.
Please read these Terms carefully before you start using our website, platform or services, as these will apply to such use. By accessing or using our website, platform and/or other services, you confirm that you have read, understood and agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access our website, platform and services.
1. WHO WE ARE
UAB “AD GENIUS LT” (“AD GENIUS” or “we”) operates the website www.adgenius.ai and the AD GENIUS platform (collectively referred to as the “Website”), on which AD GENIUS provides its [advertising automation and optimisation services] (“Services“). AD GENIUS is a legal entity registered in the Republic of Lithuania, with a legal entity’s code 305318967 and registered office at S. Daukanto St. 17-2A, Kaunas, the Republic of Lithuania.
2. GENERAL PROVISIONS
2.1. AD GENIUS grants you a limited right to access and use the Website under the conditions set out in these Terms. You understand that AD GENIUS may modify the Website or any of its features at any time in its sole discretion.
2.2.Please note that you, as a user, remain responsible for how you use the Website and the Services, and for achieving the intended goals and results of your marketing campaigns. It is the responsibility of each user to ensure that the output and results of the Services meet user’s expectations and requirements.
2.3. AD GENIUS has the right to make changes and modifications to these Terms, including the right to draw new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by announcing the amendments on the Website.
2.4. In case the provision of our Services includes third-party solutions, such third-party solutions shall be exclusively governed by the third-party’s standard Terms of Service applicable to those solutions.
2.5. By using the Website, you warrant that you are at least 16 years old or reached age under respective country’s laws which allow you to assume responsibility for obligations emerging from contractual relations and have a full capacity to take legal actions.
3. USERS' ACCOUNTS
3.1. If you want to access and make use of our Services, you should submit a request on the Website and register an account (“Account”). In order to register a new account on our Website, you will be asked to provide some information about yourself (including your name, e-mail address and password). Such information must be true, accurate and kept up-to-date by you.
3.2. If, in our reasonable opinion, the Account is at high risk of making damage to any person, AD GENIUS has all the rights to suspend the use of the Account by restricting access to the Account, withholding any transactions, etc. After the risk is eliminated, AD GENIUS shall re-activate the Account.
3.3. AD GENIUS also has the right to disable any user Account if, in our reasonable opinion, that user has failed to comply with the provisions of these Terms.
3.4. You are responsible for protecting the confidentiality and the security of your Account and your password. You must immediately notify AD GENIUS of any unauthorised use of them or any other breach of security.
3.5. Users shall acknowledge that giving any information about their Accounts could cause damage to AD GENIUS or third persons. You, as a user, are responsible for such damage caused by you.
3.6. In case AD GENIUS decides that the Website must be updated or it is having some technical problems, we have the right to restrict the possibility of logging into the Account or using our Services.
4.1. You may choose from a selection of Services e.g. Starter, Basic and Premium. You will be entitled to all the rights and privileges exercisable for the level of membership which you have selected. You may not transfer your membership to anyone else.
4.2. AD GENIUS may offer free trials. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
5.1. Subscription fees for the Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course the of transaction. Your subscription begins upon payment of a first installment of subscription fees.
5.2. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.
6.1. AD GENIUS accepts payment via the current payment method indicated at time of purchase, which may include credit card, Apple Pay, PayPal and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with AD GENIUS, Apple Pay, PayPal or another third party, that governs your use of a given payment processing method.
6.2. Prices for Services may change at any time, and AD GENIUS does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Services that you order (except during a free trial period).
6.3. AD GENIUS will charge your credit card or other form of payment for the price listed on the relevant Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.
6.4. If you purchase any automatically renewing subscriptions, you agree that AD GENIUS will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, AD GENIUS reserves the right to immediately revoke your access to any Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, AD GENIUS may cancel your subscription.
7. CANCELLATIONS AND REFUNDS
7.1. You can cancel your Member Services at any time.
7.2. If you purchase a subscription to Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by AD GENIUS. You will retain access to the Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
7.3. Subscription fees paid are final and nonrefundable, unless otherwise determined by the AD GENIUS.
7.4. If AD GENIUS reasonably determines that a user has violated these Terms, AD GENIUS may immediately terminate the subscription and the user’s access to Services without notice and without refund. Refund requests should be directed to
8. USE OF WEBSITE AND SERVICES
8.1. By using the Website and/or our Services, you agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and/or our Services.
8.2. You may use the Website and our Services only for lawful purposes. You may not use the Website and/or our Services:
(a) in any way that breaches any applicable local, national or international law, statute or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.3. You also expressly agree not to:
(a) violate these Terms, Privacy Notice, any other documentation of the Website, applicable laws, statutes and regulations through your use of the Website and/or our Services;
(b) reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms;
(c) modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Website or any content contained therein;
(d) access without authority, interfere with, damage or disrupt any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of our Services; or any equipment or network or software owned or used by any third party;
(e) access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security of: (i) any part of the Website; (ii) any equipment or network on which the Website is stored; (iii) any software used in the provision of our Services; or (iv) any equipment or network or software owned or used by any third party;
(f) bypass any measures that AD GENIUS may use to prevent or restrict access to the Website;
(g) remove, obscure or change any copyright, trademark or other proprietary rights notice contained within the Website.
8.4. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your rights to use the Website will cease immediately.
8.5. AD GENIUS does not guarantee that the website will be secure or free from bugs or viruses. You should use your own virus protection software.
8.6. All the data and other content stored on the Website may be used by AD GENIUS for the purpose of its functioning.
8.7. For our own operational purposes, we may back up data on our servers, but we are under no obligation or duty to do so under these Terms. It is users’ responsibility to back up their files and data, and under no circumstances AD GENIUS will be liable for damages of any kind for the loss of users’ files or data.
8.8. Any loss incurred or sustained by you in transmitted information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by AD GENIUS.
9. INTELLECTUAL PROPERTY
9.1. AD GENIUS is the owner or the licensee of all intellectual property objects (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software) in the Website and in the material published on it, except for in respect of your content. Nothing in these Terms transfers or assigns to you any of AD GENIUS intellectual property rights in our technology, products or the Website.
9.2. You do not acquire any right, title or interest in any content on the Website by virtue of accessing it or making use of our Services under these Terms. No license to use or reproduce any logo or trade mark included on the Website is granted to you by these Term s or otherwise.
9.3. If you do print off, copy or download any part of the Website in breach of these Terms, your right to use the Website and our Services will cease immediately and you must, at our option, return or destroy all copies of the materials you have made.
9.4. For the avoidance of doubt, you may not use any data mining, robots or similar data gathering or extraction tools to extract any substantial parts of our Website for re-utilisation, nor create and/or publish your own database that features substantial parts of our Website without AD GENIUS express written consent.
9.5. You shall indemnify AD GENIUS against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach of the above warranties you commit.
10. LINKS TO OTHER SITES
10.1. The Website may contain links to third-party sites, websites or applications. These links are provided for your convenience and information only.
10.2. AD GENIUS does not control and is not responsible for the content of such third-party sites, websites or applications or the conduct of the operators of such sites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites or applications. Your use of all third-party sites, websites or applications are subject to the applicable policies of those third persons.
11.1. You can terminate your user’s agreement with AD GENIUS by deleting your Account.
11.2. We can terminate such agreement by deleting your Account or blocking access to the Website. The access can be blocked if there are any suspicions about illegal actions and it can last until the circumstances disappear or become eliminated. AD GENIUS deletes user’s Account in situations where that user violates these Terms, Privacy Notice, any other documentation of the Website, applicable laws, statutes and/or regulations.
11.3. AD GENIUS reserves the right to determine, in its sole discretion, whether there has been a breach of these Terms, Privacy Notice, any other documentation of the Website, applicable laws, statutes and/or regulations through your use of the Website and/or our Services.
12. DISCLAIMER AND LIMITATION ON LIABILITY
12.1. To the extent permitted by law, AD GENIUS excludes all conditions, warranties or representations (including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement) which may apply to the Website or any content on it, whether express or implied. AD GENIUS will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of, or inability to use, the Website and/or our Services.
12.2. Please note that, in particular, AD GENIUS will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss, costs, expenses, damage or other claims which arise out of or in connection with the content submitted or linked by you to your Account.
12.3. AD GENIUS also assume no responsibility for the content of other websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.4. Neither party shall be liable for delays and damages caused by an impediment beyond its control, which that party could not have reasonably taken into account at the time of the conclusion of these Terms, and whose consequences that party could not reasonably have avoided or overcome (including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or Internet service providers).
13.1. To the extent permitted by law, you shall indemnify AD GENIUS and hold us harmless, from and against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach by you of any provision of these Terms.
14. FINAL PROVISIONS
14.1. AD GENIUS Privacy Notice and any other documentation of the Website form an integral part of these Terms and bind all users. These Terms constitute the entire agreement between AD GENIUS and you with respect to the offering of our Services.
14.2. No one other than a party to these Terms shall have right to enforce any of its provisions.
14.3. Nothing in these Terms shall constitute a partnership, agency or joint venture between the parties.
14.4. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14.5. Without the permission of AD GENIUS, users have no right to transfer their obligations, claims or rights to third persons. Users agree that AD GENIUS shall have the right to transfer its rights and obligations arising from the agreements under these Terms to third persons. AD GENIUS will inform of such transfer on the Website.
14.6. AD GENIUS and a user shall keep in confidence all material and information received from the other party and marked as confidential or which should be understood to be confidential, and may not use such material or information for any other purposes than for the proper fulfilment of these Terms.
14.7. If any provision of these Terms is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of these Terms will remain in full force and effect. Any provision of these Terms held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable.
14.8. Except otherwise provided in these Terms, no delay of AD GENIUS or user to exercise any right or to perform an obligation under the Terms shall be considered as a waiver of such right or excuse from the performance of such obligation and separate or partial performance of any obligation. Separate or partial exercise of any right shall not mean that this obligation need not be performed or this right may not be exercised in the future.
14.9. These Terms and the relations between AD GENIUS and users in respect to these Terms (including execution, validity, invalidity, implementation and termination of these Terms) are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
14.10. Any dispute, controversy or claim, arising out of or relating to these Terms, shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction.
15. CHANGES TO THESE TERMS
We keep these Terms under regular review. Any changes to these Terms will be published on the Website. Please check this page from time to time to take notice of any changes we may make.
Should you have any questions regarding these Terms, you may contact us at firstname.lastname@example.org.
Thank you for visiting our Website and using our Services