1.1. These Terms of Service (hereinafter "ToS") govern the use of the website and services offered under the domain https://www.adfixer.com/ (hereinafter "Website")
by website visitors, registered users and subscribed clients. The contracting entity behind the Website is “Amvisible” OOD (hereinafter "Adfixer", "we", “us”)
with registered seat and address in Sofia, Bulgaria, Seslavtsi, Kiril I Metodii street. The general terms of these ToS apply as of the loading of the Website in an internet browser. The specific terms related to account registration and subscriptions for paid services apply as of conducting the respective actions by a website visitor. In case a visitor does not agree with these ToS, he/she should not browse the Website, create a profile on it or purchase the services offered on it.
1.2. These ToS may be supplemented by other legal documents published on the Website, such as our privacy policy available under: https://www.adfixer.com/privacy. Such documents are considered to be an integral part of these ToS. The conditions for their acceptance are the same as the conditions for acceptance of these ToS.
Registration
2.1. To be able to purchase the services offered on the Website, visitors should register. Registration shall be made by creating an account on the Website and by explicitly agreeing to these ToS. Registration on the Website is free.
2.2. To register, each person shall provide in good faith the mandatory information indicated in the Website registration form, create a password with the required specifications, submit the registration form and confirm registration within one week after it receives a confirmation email sent by ADFIXER. The person indicated in the registration form will be the one entering into contractual relations with ADFIXER. In case an employee acts on behalf of a business but does not indicate that in the registration form, ADFIXER will accept the employee as its contractual partner.
2.3. Identifying details may be subsequently changed in the user profile on the Website. The customer is obliged to update any information in its user profile as soon as it has been subject to change.
2.4. The created password serves as means of authentication. All statements made through the user profile are considered authentic and done by the registered user. The registered user undertakes to keep all its credentials secure. ADFIXER accepts no responsibility whatsoever if the customer has failed to protect such information properly and has suffered damages in result of that. The customer must inform ADFIXER immediately as soon as it becomes aware that the credentials are accessible and known to unauthorized third parties.
2.5. In the case of suspicion that access data has become known to unauthorized third parties, ADFIXER may change the credentials of the user independently without prior notice or block the use of the account. This will be done solely to ensure the security of the customer and ADFIXER. ADFIXER shall inform the customer of this and shall provide new credentials, in case this is suitable and the customer has not systematically breached its obligation for confidentiality of credentials.
2.6 Registration shall only be permitted to entrepreneurs, i.e. persons who, when using the Services of ADFIXER, act in the exercise of their commercial or independent professional activity. By submitting a registration form, the customer represents and warrants that it has the capacity of an entrepreneur. In case a natural person creates an account on the website, it must have reached the age of 18 at the time of registration.
Paid services
3.1. Automation services
3.1.1. ADFIXER offers services in the form of software products allowing customers to perform some or all of the following actions - create, design, manage, evaluate and adapt advertising measures (hereinafter “automation services”) on third-party marketplace platforms, such as amazon.com. The exact scope of the services can be selected by the customer by choosing one of the different subscription plans offered to registered users on the Website.
3.1.2. ADFIXER is entitled to unilaterally make changes in all services offered by it (e.g. by patches, updates or modifications) in order to improve the quality of the services. Such changes may result in the provision of a service different from the one originally purchased by the customer. ADFIXER undertakes to make such changes in good faith while trying not to limit the scope of functionalities offered to customers. Customers hereby explicitly agree to such changes and waive all claims that may be related to them, such as non-fitness for a particular purpose, money-back etc.
3.1.3. The services described in Section 3.1.1. are performed by ADFIXER on the basis of information provided by the customer - either directly or through its account on the respective third-party marketplace platform. It is up to the customer to ensure that this information is correct, updated, complete and suitable to its needs. ADFIXER does not undertake to check the correctness, authenticity and completeness of information provided by the customer.
3.1.4. The performance of all services, offered by ADFIXER is done by ADFIXER on behalf and in the name of the customer. The customer bears all responsibility for the use of the services, incl. for the necessity to inspect the allowed use of the services on a particular platform for a particular purpose or the need to inspect if the use of the services violates any third party rights. The customer hereby expressly warrants that it has all necessary rights over the user profile of the third party platform, through which the services will be used.
3.2 Add-ons
3.2.1. Some of the services offered on the Website are only available for purchase to customers who have already purchased automation services. Such ancillary services are hereinafter referred to as "add-ons". The scope of services of the add-ons is defined in their service descriptions on the website. The possibility for the use of add-ons is dependent on the subscription for automation services. In case the customer has no active subscription for automation services, it will not be able to use add-ons even if they have been paid for.
4. Conclusion of the contract for paid services
4.1. Registered users do not have an unconditional right to conclude contract for any of the services offered on the Website. Before entering into a contract, ADFIXER has to check, among other circumstances, the state of the third-party marketplace platform and the possibility for use of ADFIXER’s services on it. ADFIXER reserves the right to refuse the contract conclusion without having to provide the specific reasons for that. The legally binding contract conclusion regarding a subscription for automation services or add-ons shall take place as set out below:
The presentation of the subscription on the Website constitutes a non-binding invitation for website visitors/ registered users to submit an offer (invitatio ad offerendum).
● The contract for any automation service or add-on shall only be concluded by using the form provided on the Website (hereinafter "order form"). Order forms may have mandatory requirements for provision of information in addition to the data provided by registration, such as credit card numbers etc. The requirements of Section. 2.2 apply to the provision of such information. Order forms for purchase of add-ons may use pre-entered information, which should be confirmed by the user. To conclude the subscription, the customer shall fill out all mandatory fields of the order form.
● By submitting the order form the customer submits an offer to conclude a subscription and also explicitly, by taking an affirmative action, agrees with these ToS.
● ADFIXER will promptly acknowledge the receipt of the offer through an electronic confirmation of receipt.
● Acceptance of the offer by ADFIXER shall be made by declaration of acceptance in text form or tacitly by provision of the purchased services to the customer.
5. Payments
5.1. The prices of the automation services and the add-ons are specified on their respective order forms. The price may be in the form of a one-time payment or of a monthly/annual subscription fee. After the purchase/expiration of a service, ADFIXER is under no obligation to offer the customer the same price for the same service.
5.2. The remuneration due from the client must be settled exclusively through the payment methods endorsed by ADFIXER. These approved payment methods are shown on the website. ADFIXER retains the prerogative to decline specific payment methods for certain clients under justifiable circumstances, such as instances involving a returned direct debit, payment annulment, or anticipated inadequacy of funds in the designated bank account.
5.3. The remuneration owed by the customer shall be due for payment in advance at the beginning of each booking period (once, monthly or annually). In case a payment fails/is returned or for any other reason does not reach ADFIXER, we may discontinue the provision of our services immediately and without prior notification.
5.4. Prices shown on the Website may or may not include statutory value-added tax. This will be indicated on the respective order forms.
Renewals
6.1. All subscriptions for services offered on the website are set to renew automatically on their expiration date without the necessity of taking additional actions. Subscriptions will be renewed for the same period as the period of the initially concluded contract.
6.2. Renewals shall happen at the price of the respective service as per the pricing information available on the Website at the time when the respective renewal takes place.
6.3. In case we are not able to collect/receive a payment at the time when a renewal shall take place, we may discontinue the provision of our services immediately, without prior notification.
6.4. It is the responsibility of the customer to be aware of the expiration date of the purchased services and their upcoming renewal. Should a customer desire not to renew their subscription, they shall indicate this explicitly in the ways offered by ADFIXER on the Website prior to the renewal date. In case a payment for renewal has been collected/received by ADFIXER, the customer is not entitled to any refunds. Availability of the purchased services as per these ToS will be ensured by ADFIXER for the whole contractual term.
7. Use of Data. Intellectual Property Rights
7.1. In order for ADFIXER to be able to provide its paid services, the customer grants ADFIXER the right of use to all contents included by it on the third-party marketplace platform website, incl. all data contained within the scope of the Amazon-ID. In particular, this includes the right of reproduction, use, operation, copying, public presentation or display, distribution, modification, translation and creation of derived versions of distribution as well as the right of editing. ADFIXER is entitled to process, prepare and adapt the customer content technically in such a way that it can also be displayed on mobile receiving devices or in services and software applications of third parties. The customer hereby expressly represents and warrants that he/she is authorised to grant the rights under this section.
7.2. All Website visitors, registered users and customers may not use ADFIXER’s intellectual property, such as copyrighted works (incl. software), trademarks, trade names etc. without ADFIXER’s explicit prior consent. All ADFIXER’s services, programs, program code and similar cannot be decompiled, disassembled or otherwise reverse engineered.
8. Service Level Agreement
8.1. On a quarterly basis, ADFIXER guarantees 98% accessibility of its services. Downtimes that are a consequence of force majeure, attacks on ADFIXER systems by third parties, as well as related unscheduled and scheduled maintenance work are not calculated in the estimation of the accessibility. In case the guaranteed accessibility is not met, the parties agree that the exclusive indemnification available to the customer will be the provision of free services by ADFIXER. ADFIXER will provide one-week extension of any subscription for each additional 2% unavailability of its services.
8.2. The provision of ADFIXER’s services is dependent on the availability of the third party platform for which the services are used. ADFIXER is not responsible for cases where due to unavailability of the respective platform, such as the lack of functionality of the API of the amazon.com platform, the customer is not able to use ADFIXER’s services.
9. Term and Termination of Contractual Relations
9.1. The contractual term of a registration is unspecified. A registration cannot be deleted (terminated) while the term of any service purchased through the respective user profile has not expired. In case there are no active subscriptions for services, a user profile may be deleted at any time with immediate effect. Terms for personal data retention as per ADFIXER’s Privacy Policy may still be applicable.
9.2. The contractual term of any purchased service is indicated in its respective order form and may be subject to renewal as indicated in section 6 of these ToS. ADFIXER is obliged, within the specified in these ToS, to provide the services for the whole contractual period. Despite that, ADFIXER has the right to unilaterally terminate the contract without prior notification and without any obligation for reimbursement in case the customer has violated any of its significant obligations pursuant to these ToS or has systematically violated its other obligations. The same applies if the customer violates or damages ADFIXER’s interests, business reputation or good name in any other way.
9.3. ADFIXER has the right to unilaterally terminate any contract with the customer without cause, by providing the customer with 14-day notice and by reimbursing the customer with all paid amounts for the unused remainder of the subscription period.
10. Liability Limitation
10.1. ADFIXER shall only be liable for damages sustained by the customer as a direct result of its use of ADFIXER’s services if and to the extent that ADFIXER has acted with intent or gross negligence. Liability shall be limited to such damages foreseeable at the time of conclusion of the contract.
11. Tailored Services
11.1. ADFIXER can agree to provide certain customers with tailored services upon request. In case of such contracting, these ToS shall apply to the extent that the individual contract does not foresee any specific rules.
12. Assignment of Claims
12.1. The customer is not entitled to assign or otherwise transfer to a third party any claims arising from or in connection with the business relationship with ADFIXER.
13. Amendments to the ToS
13.1. ADFIXER reserves the right to unilaterally change these ToS at any time by publishing a new version of them on the Website. ADFIXER will inform the customer of the change by posting a notification in the user account of the customer and/or by sending an e-mail. Unless otherwise indicated or in case of necessary compliance with a law/ court decision, all changes to these ToS shall come into force in 14-day term as of the change. During this term, in case a customer does not agree with the changes, it has the right to terminate all services it has purchased. In such case, ADFIXER will refund all paid amounts for the unused remainder of the subscription period. If the customer does not object to the validity of the amended ToS within the specified period, the amended ToS shall be deemed accepted by the customer.
14. General Conditions
14.1. The contract language is English. All amendments to the ToS shall be made in written form in English.
14.2. The current up-to-date version of the ToS can always be accessed on the Website.
14.3. The invalidity of any provision of these ToS, does not result in the general invalidity of the ToS. The remaining provisions shall remain unaffected.
14.4. These ToS and the contractual relations resulting from their acceptance are subject to the law of the Republic of Bulgaria. The exclusive place of jurisdiction for all legal disputes arising from or in connection with the ToS shall be the courts of Sofia, Bulgaria.