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Last Update November 21, 2022
Ad Planet Labs OÜ (hereinafter – “Ad Planet Labs” or “Company”) provides access to the following Services: SmartyTech Adserver (https://cp.fusify.io) and SmartyTech DSP (https://dsp.fusify.io) to any Advertiser which has signed up to such Services and to Advertiser’s affiliate(s) being a subject to acceptance of these Terms of Service (hereinafter – the “TOS”).
These TOS shall apply to each Advertiser which has signed up to the SmartyTech Adserver and SmartyTech DSP Services (hereinafter – the “Services”). Thus, by accessing or using the Services, you acknowledge that you have read, understood, and fully and unequivocally agree to all provisions and obligations set forth in these TOS.
By accepting these TOS, you understand that Ad Planet Labs may modify the TOS in its sole discretion without any notice and that it is your sole responsibility to periodically check for changes or updates to these TOS. Further, you understand that Ad Planet Labs may modify or discontinue the operation of Services at any time in the Company’s sole discretion.
If you do not agree with these TOS, please do not use the Company’s Services.
For the purpose of these TOS the following terms shall have the following meanings –
Subject to these TOS, Ad Planet Labs shall provide services for placement of the Advertiser’s Advertisement through SmartyTech Adserver and SmartyTech DSP Services in accordance with the settings and prices determined personally by the Advertiser in the dashboard of each of the Services, provided that the Advertisement meets the Content Requirements. To place an Advertisement through the Services, the Advertiser shall provide the Advertisement or Content to produce the Advertisement.
Subject to these TOS, the Advertiser shall grant Ad Planet Labs a non-exclusive property right to adapt, reasonably reformat, recompile, edit, modify, use and place the Advertisement or the Content to accomplish the goals of the Advertising Campaign and provide services to the Advertiser.
Subject to these TOS, the Ad Planet Labs shall grant the Advertiser a non-exclusive right to access the Dashboard of each of the Services, access to the reports and the Advertising Campaign management system, as well as to other functions by providing a login and password. The Advertiser undertakes to use the dashboard of each of the Services personally and may not transfer the right of access to the advertising dashboard to any third parties.
The Advertiser understands and agrees that the Advertiser is solely and fully responsible for its own actions in the advertising dashboard and for securing the access login and password for each of the Services against the loss and/or illegal actions of any third parties.
The Advertiser undertakes to pay in full and in a timely manner for the services provided by Ad Planet Labs.
When signing up in the dashboard of each of the Services, the Advertiser undertakes to provide Ad Planet Labs with reliable, complete, and up-to-date information.
Ad Planet Labs may suspend or completely lock the Advertiser’s access to the Services in case the Advertiser provided inaccurate information, made late or incomplete payment for services, or violated the Content Requirements.
Except as expressly provided in these TOS, the intellectual property rights in the Advertisement and the Content provided by the Advertiser shall be retained by the Advertiser or the third party(ies) holding the relevant rights. All intellectual property rights in the Advertisement and Content, that is fully or partially created using the Ad Planet Labs Services and/or tools, shall be retained by Ad Planet Labs and may be used by the Advertiser only as a part of using the Company’s Services.
The Advertiser agrees that the Advertisement must meet the requirements of the applicable laws of the country where the Advertisement will be posted.
The Advertiser represents and warrants that it has all the rights and permits to the images, videos, logos, other content or other items of intellectual property rights used in the Advertisement.
The Advertiser represents and warrants that the Advertisement and Content uploaded to the Company’s Services have been approved and agreed by the Advertiser prior to posting.
The Company reserves the right to review, approve or reject Advertisement and Content uploaded to the Services, subject to the requirements of the applicable laws of the country where such Advertisement will be posted, as well as of these Content Requirements.
The Advertiser undertakes in no case to place in any form the Advertisement and Content that:
The Advertiser shall not engage in “cloaking” or techniques that hide the true destination landing page that a visitor is directed from the Advertiser’s Advertisement.
Any violation of the above provisions of the TOS shall be deemed by the Company as a material breach of the TOS by the Advertiser. In case such a material breach occurs, the Company shall lock the Advertiser’s access to the Company’s Services and shall retain any prepayment made.
Subject to compliance with these TOS, the Company shall provide the Advertiser with access to the information and statistical systems of the Services for the purpose of accessing reports, and in case of a violation of these TOS, the Company shall reserve the right to block the Advertiser’s access to such data.
The Advertiser agrees to take the statistical data of the Company’s Services as a basis and stick to the data when forming the Advertising Campaign Cost and paying for the Company’s services.
The Advertiser undertakes to notify the Company in a timely manner of any significant discrepancies (more than 15%) between the data from the information and statistical systems of the Services and any external statistical or analytical systems used by the Advertiser. Should any dispute arise, the parties shall make every effort to resolve it within a reasonable time by considering arguments of both sides.
The Company provides the Services to Advertisers “as is”. The Company expressly disclaims the warranties for the Services operation as to the completeness, accuracy, timeliness or results of their use, as well as all other warranties, whether express or implied, including the implied warranties of functionality, merchantability or fitness for a particular purpose. The Company may at any time make changes to the programs, services, and materials of the Services at its sole discretion, and change any existing products and prices therein.
The Services’ programs and materials may contain links to other websites on the Internet. The Company is in no way responsible for the availability of these external resources or their content. All and any complaints and claims regarding any external resource should be directed to the relevant administrator of such website.
Ad Planet Labs expressly disclaims, to the fullest extent permitted by the applicable law, any liability to any person for any direct, indirect, incidental, special, exemplary or consequential damages of any kind relating to or arising out of the Services or any method of their use, impossibility of use or results of use, as well as from any external website or resource to which the Services contain links or which are accessed through the Services, as well as for the use, download or access of any programs, services and materials including, but not limited to, any lost profits, business interruption, loss of savings, programs or data.
By downloading or otherwise obtaining programs (software), services or materials from the Services, you fully understand and agree that you do so at your own discretion and risk, and you are solely responsible for any possible consequences, including loss of data or damage to the computer system.
Before using the Services, the Advertiser shall choose the payment currency and advertising model. The Advertiser shall choose the payment currency from available options independently. The Advertiser may choose an appropriate payment model of either CPA, CPC or CPM or a combination of those payment models.
To start using the Services, the Advertiser undertakes to pay for the Company’s services on prepayment terms before the start of the Advertising Campaign Term. This provision may be changed by a separate contract between the Advertiser and the Company. The Advertiser shall pay the Company the Costs for placing each Advertising Campaign.
If the prepayment is made in an amount that exceeds the established Budget of the Advertising Campaign within the established terms and in the established amount, the Advertiser can extend the Advertising Campaign Term or perform other actions to use the funds from the prepayment amount in full or to receive a refund of all unused funds after the Advertising Campaign is completed in accordance with the Refund Terms.
In the event of any dispute regarding the quality of the Advertising Campaign, the Advertiser shall send a written notice to the Company within thirty calendar days from the end of such Advertising Campaign. The notice must clearly state the reason and provide evidence to support the Advertiser’s position. In its turn, the Company shall provide its written response within thirty calendar days from the receipt of such written notice. If more than thirty days have passed since the end of an Advertising Campaign and the Company has not received any written notice of dispute from the Advertiser, the services of placing the Advertising Campaign shall be considered accepted in full by the Advertiser.
When accepting payment for the Services, the Company may charge any applicable national, state, or local sales or use taxes that the Company is legally obligated to charge under Applicable Law.
Any and all bank commissions or other financial transaction fees, that the Advertiser is required to pay when paying for the Services provided by the Company, are not included in the Price of the Service and shall be borne in full by the Advertiser.
The Advertiser can request a refund only for the unused part of payment and provided that there has been no activity using the Services for more than 30 calendar days.
The Advertiser may ask for refund by sending a relevant request to: adplanetlabs@gmail.com. The Company undertakes to refund the funds within 30 calendar days from the receipt of the relevant request, provided there are no unresolved disputes between the Advertiser and the Company.
Сайт: https://www.fusify.io
Company Name: Ad Planet Labs OÜ
Place of Company registration: Estonia
Business Address: Harju maakond, Tallinn, Lasnamäe linnaosa, Pae tn 25-47, 11414
Company Registration No: 16589153
E-mail address: adplanetlabs@gmail.com