Terms of Service

By using AdValify ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). AdValify is registered under KVK 56354657 in The Netherlands with VAT number NL8520.86.854.B01.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You are responsible for all content posted and activity that occurs under your account, even when content is posted by others who have their own logins under your account.
3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction, including but not limited to copyright laws.
4. In the light of KYC, you must provide your legal company name, a valid email address, and any other information requested in order to complete the signup process.
5. Plans are limited to one instance per person or company. Team members are considered persons paid by the same company. A plan cannot be shared by users from different companies.

API Terms

Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Refunds, Upgrading and Downgrading Terms

1. For any upgrade to a higher plan, the pro-rated difference between the two plans will be charged immediately for the current billing cycle.
2. Downgrading to a lower plan may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. As a general rule, all charges, fees and transactions to AdValify are non-refundable.
5. If an expired license is renewed after its due date, the renewal fee will cover the period starting from the last due date.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by sending a ticket via the Contact page using email address you've used to register your account.
2. All of your content will be inaccessible by the end of your current billing cycle. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. This information can not be recovered once it has been permanently deleted.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. However, there will not be any pro-rating of unused time in the last billing cycle.
4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
5. A payment reversal initiated by the payment processor may lead to a temporary suspension of all services involved until the case has been resolved or the payment reimbursed.
6. A dispute or charge back initiated by you will lead to a permanent service suspension, unless discussed beforehand.

Modifications to the Service and Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. The Company is entitled to increase the Fees for annual price indexation, with a maximum increase of three percent (3%). The increase indexation leading to automatic adjustment of Fees will be implemented each year on the anniversary of your Service's start date.
3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
4. The look and feel of the Service is copyright to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

General Conditions

1. The Service Level Agreement (SLA) can be considered as 'Best effort'.
2. Customer support is offered by email only (no phone calls, Skype, Whatsapp, etc).
3. The Company does not sign documents, contracts nor NDAs. The service can be considered 'pay as you go'.
4. The software remains the property of the Company. To protect our intellectual property rights, you are not able to view or edit the software's source code.
5. Software updates are free of charge and installed automatically. All updates are mandatory, as they may include important security fixes or performance improvements.
6. It's the customer's responsibility to refrain from content infringing trademark rights.
7. This product includes GeoLite2 data created by MaxMind, available from Maxmind.
8. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
9. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
10. You must not attempt to modify, adapt or hack the Service.
11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
12. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these Terms of Service.
13. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
14. The Company does not warrant 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 material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
15. You expressly understand and agree that the Company 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 the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
16. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Intolerances

1. Your chosen business name cannot contain words that are considered offensive.
2. AdValify cannot tolerate any of the following. Violation may result in a permanent service suspension.
   1. Spamming, slander and identify theft.
   2. Copyright and trademark infringements.
   3. Misuse of the system in the broadest sense of the word.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.