These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Adsective ("Company," "we," "us," or "our") concerning your access to and use of the adsective.com website and any related services (collectively, the "Service").
By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.
To access certain features of the Service, you may be required to create an account. When creating an account, you agree to:
You are responsible for maintaining the confidentiality of your account login credentials. We are not liable for any loss or damage arising from your failure to protect your account information.
You may be able to submit, upload, publish, or transmit content through the Service ("User Content"). You retain all ownership rights to your User Content.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Service.
You agree not to submit User Content that:
We reserve the right, but are not obligated, to:
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Adsective, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.
You agree not to:
You may not use the Service:
The Service may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with your use of any third-party content, goods, or services.
Certain features of the Service may require payment. If you choose to use paid features, you agree to pay all applicable fees as described on the Service at the time of purchase.
All fees are non-refundable unless otherwise stated or required by applicable law.
Some subscriptions may automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.
We reserve the right to modify our pricing at any time. If we change the price of a subscription, we will provide you with reasonable advance notice, and the change will apply to subsequent billing periods.
You must provide current, complete, and accurate payment information. You agree to promptly update your payment information if it changes.
You may cancel your account at any time by following the instructions provided on the Service or by contacting us directly.
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. This includes, but is not limited to, if we believe you have violated these Terms.
Upon termination:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT:
The information provided through the Service is for general informational purposes only and should not be relied upon as professional advice. You should consult appropriate professionals for specific advice tailored to your situation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADSECTIVE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Adsective and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms and your use of the Service are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator. The arbitration shall be administered in accordance with the rules of [Arbitration Organization].
The arbitration shall be held in [Your Location], and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
YOU AND ADSECTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may seek equitable relief in court to protect its intellectual property rights.
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Adsective concerning the Service.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
We may provide notices to you via email, regular mail, or postings on the Service. Notices to us must be sent to:
Adsective
Email: legal@adsective.com
Address: [Your Business Address]
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions about these Terms, please contact us at:
Adsective
Email: legal@adsective.com
Website: https://adsective.com