ADPOW Terms & Conditions
1. SCOPE
This text is the AGREEMENT which governs the relationship between ADPOW (Flapit Counter OÜ, with tax ID no. 12744591 and legal address at Roosikrantsi 2-K158, Tallinn 10119 (referred to herein as “ADPOW”), and YOU (the USER) upon activating promotions with our ADPOW applications whether on our website (www.adpow.com) or directly on social media networks such as Facebook, Twitter, Youtube and Instagram.
The Site and all related services, (herein referred to as “Services”) were created by ADPOW in order to provide you a much easier way to run widgets on your website or blog and on your social networks. ADPOW facilitates companies to run widgets which as a user you can enter (the user in this case herein referred to as “Entrant”).
Here you will find the terms and conditions that regulate the activation of promotions and contests with an ADPOW Services, the rights and obligations of both parties, information on the purchasing procedure and the terms of use for the application on social media networks, among other matters. These Terms and Conditions adhere to stipulations in the applicable law regarding this matter.
2. ACCEPTANCE AND VALIDITY OF TERMS AND CONDITIONS
Both parties must comply with these Terms and Conditions. By contracting the ADPOW Services and using and accessing the Services, the USER is bound to each and every one of these Terms and Conditions with no exceptions, being it the USER’s obligation and responsibility to read them prior to agreement.
As a part of the order procedure and prior to payment authorization, the USER must accept the Terms and Conditions. If you do not agree with the terms and conditions, you must not continue the contract process given that these terms and conditions will apply to you in any case.
This agreement binds the USER and is valid during the entire duration the promotion is active, notwithstanding the responsibilities the USER may incur by using the application. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.
3. ADPOW SERVICES FOR SOCIAL NETWORKS
By activating a promotion or contest with an ADPOW application or using any of the ADPOW Services, the USER chooses to use the free version or to acquire a license to manage promotions and contests from their website or social media networks’ pages. The USER does not receive ownership rights over the application or any content provided for such, as they belong to and remain under the full power of ADPOW in their entirety.
ADPOW offers 3 versions of the ADPOW Services:
1. ADPOW FREE Services: the USER has the right to use the ADPOW Services with limited account settings and with mandatory ads included.
2. ADPOW BUSINESS Services: the USER has the right to use the ADPOW Services with some account restrictions with the option of activating ads and monetize the traffic.
3. ADPOW BRAND Services: the USER has the right to use the ADPOW Services and promote the own brand without any restrictions.
Based on the specific package you choose, you may grant account access to additional users in your organization. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and Conditions.
To learn more about the characteristics and features of each version of the ADPOW Services, please visit: www.adpow.com/pricing
4. FEES AND BILLING
1. ADPOW FREE Services is free of charge and has no monthly fee.
2. ADPOW BUSNIESS Services always require payment and has a monthly fee of 37€ including taxes.
3. ADPOW BRAND Services always require payment and has a monthly fee of 247€ per month including taxes.
By opening a subscription-based paid account with ADPOW, the USER agree to timely pay all charges incurred by the account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to the credit card or the charge is returned for any reason, ADPOW may suspend or terminate the USERS’s account. ADPOW reserves the right to change the amount of, or basis for determining, any fees or charges for the ADPOW
Services, and to institute new fees, charges or terms effective upon prior notice to the USERS (which may be sent by email to the address that was most recently provided to us).
The USER is responsible for managing the chosen plan, if the USER wish to cancel the account at any time for any reason; it may be done by switching the plan back to ADPOW FREE Services. Failure to do this before the anniversary date will result in renewal of the plan for the current period, ADPOW DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. The promotion or contest will be activated only once the USER has made payment of the amount corresponding to the selected user license. Once the payment of the amount is verified, the application chosen will be activated and the USER's promotion will be published.
5. RIGHT OF WITHDRAWAL, CANCELLATION OF THE LICENSE AND AGREEMENT TERMINATION
ABSENCE OF THE RIGHT OF WITHDRAWAL: User licenses for ADPOW Services are based on virtual files delivered electronically and are therefore susceptible to immediate use. Thus, in accordance with the applicable law, once the application has been purchased, the USER can not withdraw the purchase or request that the amount paid be returned.
CANCELATION OF THE LICENSE AND TERMINATION OF THE AGREEMENT BY THE USER
The USER may cancel this license agreement and deactivate the application at any time. The account will then downgrade or cancel by the end of the paid period. ADPOW will not, in any case, reimburse the amounts paid by the USER.
CANCELATION OF THE LICENSE AND TERMINATION OF THE AGREEMENT BY ADPOW
a) ADPOW may terminate this license agreement and cancel and deactivate the promotion without giving prior notification to the USER if the company receives a notification of misuse from any of the social media networks. In this case, the USER does not have the right to demand payments be returned or any type of compensation for any personal or third party damages, loss of profits or any other cause.
b) ADPOW may also terminate this license agreement and cancel and deactivate the Services without giving prior notification to the USER if any of the social media networks modifies their promotion and/or application policy, rendering the use of the application purchased by the user unviable due to legal, technical or any other reasons that do not depend on ADPOW. In this case the USER does not have the right to demand payments be returned or any type of compensation for any personal or third party damages, loss of profits or any other cause.
Terminating this agreement will also terminate all maintenance, execution or installment obligations that are the responsibility of ADPOW in relation to the ADPOW Services.
6. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The USER expressly acknowledges that all copyright, trademark and other intellectual or industrial property rights over the Services or contents forming part of the ADPOW Services belong to ADPOW at all times or to the body that granted ADPOW its license for use. The USER may not use this material unless ADPOW expressly gives their authorization.
By subscribing to the ADPOW Services, ADPOW grants the USER a personal, revocable, non- assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“ADPOW” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to ADPOW. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by ADPOW. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
ADPOW facilitates companies to run competitions which as a user you can enter. As an Entrant you acknowledge that "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules and regulations in the countries for which it is operating. ADPOW is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social media network or Third Party on which it is run. ADPOW will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
The Entrant acknowledges and agrees that ADPOW is not responsible or liable for Competition Owners use or distribution of information the Entrant provide. Please see each Competition Owners promotion rules, terms and privacy policy for details on how they use your personal information. As ADPOW can be used on any website in any country, by using ADPOW the USER and the Entrant acknowledges that they are responsible for compliance with any local laws.
ADPOW DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
ADPOW may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that ADPOW may use any information you provide consistent with ADPOW and these Terms of Service.
7. AGREEMENTS AND GUARANTEES
ADPOW agrees to:
a) Ensure that the ADPOW Services strictly adhere to the social media networks’ policies.
b) Not participate in drawings or interfere or influence in any way the development of the promotions and the selection of participants and winners.
The USER acknowledges, agrees to and accepts that:
a) The application is standard software that has not been created to meet personal specifications of the USER.
b) It is not possible to execute the application without running into errors in some circumstances; therefore, the application may experience errors or even deactivation due to modifications or technical events in the social media development platform.
8. ADPOW BETA LIMITATIONS
PLEASE NOTE THAT SOME OF THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
9. RESPONSIBILITIES
1. ADPOW denies any responsibility for information or content not directly managed by them.
2. In particular, ADPOW is exonerated from all responsibility for content that the USER creates, circulates, develops and manages with the ADPOW Services as well as the use that the USER or third parties make of this content. Included but not limited to, ADPOW shall not, in any case, be held responsible for:
a) The quality or conformity of products, services or prizes offered by the USER through the application.
b) Compliance with promotion offers and conditions.
c) The legality and/or truthfulness of advertisements, information, conditions and all other content published by the USER or third parties, whether directly or through links.
d) The infringement of third party rights or any other infringements originating from the content that the USER includes in the application or other uses the USER may make of the ADPOW Services.
e) The infringement of third party rights or any other infringements originating from the conduct, actions or content of the users of the promotions/contests that the USER creates and/or manages with the ADPOW Services.
f) Unlawful civil, criminal or administrative acts or any other responsibility for infringements or unlawful civil acts not originating from the fraudulent conduct of ADPOW.
3. The USER assumes all responsibility originating from information and content incorporated into the use of the application and from the use of the application itself and the compliance of promotion and contest content. The USER must ensure that the conditions and terms of such comply with the social media networks promotion policies and with the applicable law in their country and/or territory affected by the aforementioned promotions or contests.
4. With regards to the USER and third parties, ADPOW is exonerated from responsibility over application problems stemming from errors, malfunctions or any other technical incidents in the social media networks’ platform.
5. ADPOW shall not be held responsible for the interruption of or problems in the operation of the application due to modifications or changes made unilaterally by the social media networks to the software, platform or conditions and operation policies of the social network and the applications and promotions contained within.
6. ADPOW shall not be held responsible for the interruption of or problems in the operation of the application due to an excess of server resources, viruses, malicious programs, breakdowns or any other technical problem that does not directly depend on ADPOW.
7. In no case shall ADPOW be held responsible for noncompliance of conditions in this agreement if this noncompliance is due to a Force Majeure event or situations out of their control.
8. ADPOW shall not, in any case, be held responsible for the suitability or success of the application to achieve the objective pursued by the USER to such an extent that ADPOW shall not be held responsible for the aforementioned objective or success regardless of whether or not they were notified of that objective.
10. PRIVACY
To learn more about how ADPOW protects your personal information, please refer to the Privacy Policy at www.adpow.com/privacy
11. MODIFICATIONS OF THE APPLICATION
ADPOW reserves the right to make improvements, replacements or modifications to the ADPOW Services or to the application code at any time in order to adapt the product to changes in the social media networks´ platforms or to incorporate improvements to product functions.
12. TECHNICAL SUPPORT
Technical support is provided to the USER by ADPOW via email. The USER can send technical inquires to contact@adpow.com and ADPOW shall respond via email within a reasonable time-period.
13. INTEGRITY OF AGREEMENT
If one of the articles in this agreement becomes null and void, it is therefore considered to be nonexistent, and the parties would remain bound in full force to the rest of the agreement.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
For all questions, conflicts and disputes that may arise concerning the validity, interpretation, compliance and/or execution of these Terms and Conditions and the relationship between the parties, the parties expressly submit themselves to the Estonian law and the authority of the Courts of Tallinn, Estonia and thus expressly exclude other laws or jurisdictions applicable to them unless otherwise determined by Law.
If you need more information, please contact us or check our FAQs section at www.adpow.com/faq
The date of the last update of these Terms and Conditions is 2016-06- 21
