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TERMS OF USE
Effective: December 6, 2022
This website terms of use (“Terms of Use”) between you (“you” or “your”) and AdsWizz Inc. and
our subsidiaries (the “AdsWizz,” “Company,” “us,” “our” or “we”) applies to your usage of this
web site (“Site”) and our apps (collectively, the “Services”) available to you, clients, prospective
clients, and other visitors.
For specific terms governing your use of AdsWizz products, please contact your account
representative.
Our Privacy Policy governs the treatment by us of both anonymous and personal data that we
collect when you use the Site, the Services, and our apps and can be found at:
https://www.adswizz.com/privacy-policy/.
A. CHANGES IN TERMS: WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE
AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS
AT WWW.ADSWIZZ.COM REFLECTING THE NEW EFFECTIVE DATE. YOUR CONTINUED
USE OF THE SITE OR THE APPLICABLE SERVICES FOLLOWING THE POSTING OF THE
CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
B. USE OF SITE:
1. Eligibility For Use of Site: The Services are not intended for users under 18 years old. We
may, at any time, without prior notice to you deny or limit any user’s access to all or portions of
the Site or Services in our sole discretion. Although the Site may be accessible worldwide, not all
products, apps, services, or information referenced in the Site are available in all geographic
locations.
2. Service Interruptions: Any of the Services may be unavailable or interrupted from time to time
as a result of difficulties with the Internet generally or with your web browser, computer, home
wiring or network, cellular data service, or Internet service provider and/or other things we cannot
control.
3. Code of Conduct: You are responsible for ensuring your use of the Site and the Services is in
compliance with any applicable rules, laws or regulations. You will not and will not encourage any
third party to: (a) interfere (or attempt to interfere) with the operation of the Site or any Service;
(b) use the Site or any Service for any unlawful purpose; or (c) copy, modify, adapt, sublicense,
translate, resell, make derivative works of, transmit, reverse engineer, disassemble, decompile or
otherwise manipulate any technology, data, content stored or incorporated in any Site, our apps,
or Services. You agree not to upload, post, transmit or otherwise make available any material
that contains software viruses or any other computer code, files, or programs designed to
interrupt, disable or limit the functionality of the Site or a Service.
4. Content: We will process the content provided by you (“Content”) including any demonstration
data (collectively, the “Materials”) to perform our obligations under these terms or to provide the
Site, any app or other Service.
a. Representations. You represent and warrant that you and your licensors have all right,
title and interest in any Materials you upload to any Services. You further represent and
warrant that such Materials do not and will not (i) infringe upon the rights of any third party
including, but not limited to, trademark, copyright, patent, trade secret or other intellectual
property or confidentiality rights, or (ii) breach any of your obligations to any third parties,
including without limitation, applicable privacy laws.
b. No Review. We do not prescreen or review Materials in the general course of our
business. We may, however, reject, refuse to post, remove, or block access to any
Materials, at any time and without notice, for any reason or no reason, and without liability.
Additionally, we may notify you if we determine that any of your Materials are inappropriate
or do not comply with this agreement, any posted policies, or applicable law.
c. Non-Commercial Purposes. In the course of providing certain apps or Services such as
the AdsWizz AD Experience app, we may allow you to upload data for non-commercial,
demonstration purposes. Such data may or may not be personally identifiable and will only
be used for the purposes of providing such application or Service. More information on
how we process data can be found in our Privacy Policy:
https://www.adswizz.com/privacy-policy/.
C. OUR TECHNOLOGY AND ADSWIZZ CONTENT:
1. AdsWizz Content: All content, programming, text, software (including source and object
codes), data, information, visual, oral or other digital material, and all other content made available
by us on the Site or in a Service (collectively, the "AdsWizz Content"), and all worldwide
copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-
how, database rights and all other rights in or relating to the AdsWizz Content are owned by us
or are the property of our licensors and suppliers who have given us permission to use it. Neither
your access to and use of the Services, this Site or in our apps, nor do these Terms of Use grant
you any right, title, interest or license in or to any such AdsWizz Content, and you may not use
such AdsWizz Content without the express written permission of the owner(s).
2. Trademarks: AdsWizz is a registered trademark of AdsWizz Inc. ("Marks"). Neither your
access to and use of the Service or the Site grants you any right, title, interest or license to
reproduce or otherwise use the Marks, service marks, graphics, logos or domain names. Any
goodwill in the Marks generated as a result of your use of the Service or this Site will inure to our
benefit.
3. Beta Features: We may offer new Services or new features to existing Services in a pre-
release version ("Beta Services"). Your use of any Beta Services is subject to the following: (a)
Beta Services are pre-release versions and may not work properly; (b) use of the Beta Services
may expose you to unusual risks of operational failures; (c) Beta Services are provided “as-is,”
“as available,” and “with all faults,” and we do not recommend using them in production or mission-
critical environments; (d) We may modify, change, or discontinue any aspect of the Beta Services
at any time; and (e) Commercially released versions of Beta Services may change substantially,
and programs that use or run with Beta Services may not work with the commercially released
versions or subsequent releases.
4. Materials on the Site: While AdsWizz uses reasonable efforts to include accurate and up-to-
date information in the Site, we: (a) make no warranties or representations as to the
completeness, accuracy, currency, or availability of anything available (or intended to be
available) on or through the Site; and (b) assume no liability or responsibility for any errors or
omissions in the content of the Site (regardless of the cause) or for any resulting damages.
D. INDEMNIFICATION: You shall indemnify, defend and hold harmless us, our affiliates, officers,
directors, employees and representatives from and against any and all losses, damages, awards,
penalties or injuries incurred by such party, including attorneys’ fees, arising from third party
claims or actions from or relating to: (i) any breach of your representations and warranties under
the Agreement and (ii) Materials.
E. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
ADSWIZZ EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, ANY
APPS AND ANY SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
OR MERCHANTABILITY. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY
PROHIBIT SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR
LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
ADSWIZZ’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY
LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF
THE SERVICES WILL NOT EXCEED USD$100. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION,
BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL ADSWIZZ BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS,
REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF
ADSWIZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
F. MISCELLANEOUS
1. Notice. Any notices required to be delivered to AdsWizz under these terms may be delivered
via first class registered U.S. mail, overnight courier, or personal service to AdsWizz Inc., 2100
Franklin St #700, Oakland, CA 94612 USA, with a copy to AdsWizz Legal Department at
legal@adswizz.com.
2.. Assignment. AdsWizz may assign these terms or delegate any of our rights or obligations
hereunder, or any part thereof, to any third party, including our successor in interest, without
requiring your written consent. You may not assign these terms in whole or in part, for any
reason.
3. Governing Law and Choice of Forum. These terms, including all claims relating to or arising
hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and
construed in accordance with the laws of the State of New York , excluding its choice-of-law
principles. The federal and state courts in New York, New York will have proper and exclusive
jurisdiction and venue with respect to any disputes arising from or related to the subject matter of
these terms, provided that either party may seek injunctive relief in any court of competent
jurisdiction.