2.1

To purchase and use the paid services offered on the Website, visitors must first register by creating an account and explicitly agreeing to these ToS. Registration is free of charge.

2.2

During registration, you must provide in good faith all mandatory information requested in the registration form, create a password meeting the required specifications, submit the form, and confirm your registration within one week after receiving a confirmation email from AdFixer. The individual listed in the registration form will be deemed the contractual partner. If an employee registers without indicating they are acting on behalf of a business, AdFixer will treat the employee personally as the contracting party.

2.3

AdFixer is entitled to verify the information provided and to request additional documentation. Customers must provide evidence of correctness upon AdFixer's request. AdFixer may suspend or refuse registration if the information provided is incomplete, inaccurate, or unverifiable.

2.4

Identifying details may be updated in the user profile. Customers are required to keep their account information current at all times.

2.5

The credentials created (username and password) serve as means of authentication. All actions performed through the account are deemed authentic and binding upon the registered user.

2.6

You must keep your credentials secure. If unauthorized parties gain access due to your failure to protect them, AdFixer accepts no liability for resulting damages. You must notify AdFixer immediately if you become aware of unauthorized access.

2.7

In case of suspected unauthorized access, AdFixer may change credentials without prior notice or temporarily block the account to protect both the customer and AdFixer. AdFixer will inform you and issue new credentials, unless you have systematically breached your duty of confidentiality.

2.8

Registration is permitted only for entrepreneurs acting in the course of their trade, business, or profession. By registering, you represent and warrant that you qualify as an entrepreneur. If a natural person registers, they must be at least 18 years of age.

2.9

Accounts are personal, non-transferable, and may not be assigned, licensed, or shared with third parties without AdFixer's prior written consent.

3.1 Automation Services

AdFixer provides software tools enabling customers to create, design, manage, evaluate, and optimize advertising campaigns on third-party marketplaces (e.g., Amazon). The precise scope of features depends on the subscription plan selected.

3.2 Add-ons

Certain ancillary services ("Add-ons") may be purchased only if the customer maintains an active subscription for Automation Services. Add-ons are described in detail on the Website or in the applicable order form.

3.3 Updates and Modifications

AdFixer may unilaterally apply patches, updates, or modifications in order to improve service quality. Such changes may alter the service initially purchased, but will not reduce core functionality in bad faith. Customers expressly agree to such updates, which are deemed part of the services.

4.1 Automation Services

AdFixer offers software-based automation services that allow customers to create, design, manage, evaluate, and adapt advertising campaigns on third-party marketplace platforms (e.g., Amazon). The exact scope of services depends on the subscription plan chosen on the Website.

4.2 Add-ons

Certain ancillary services ("Add-ons") are available only to customers with an active subscription for automation services. The scope and conditions of Add-ons are described in their service descriptions on the Website or in the applicable order form. If there is no active automation subscription, Add-ons cannot be used even if already paid for.

4.3 Service Modifications

AdFixer may apply patches, updates, or modifications to improve the quality of services. Such changes may result in services differing from those initially purchased, but will be made in good faith and without materially reducing functionality. Customers expressly agree to such updates and waive claims such as non-fitness for a particular purpose or refund requests related to them.

4.4 Customer Responsibility

The performance of services is based on information provided by the customer, either directly or through accounts on third-party platforms. The customer is solely responsible for ensuring this information is accurate, complete, and suitable. AdFixer is not obligated to verify such information. All services are performed by AdFixer in the name and on behalf of the customer. The customer bears full responsibility for ensuring lawful use of the services and warrants that it has all necessary rights over the relevant third-party accounts.

4.5 Conclusion of Contract

The presentation of subscriptions on the Website constitutes a non-binding invitation (invitatio ad offerendum).

• 4.5.1 A binding contract for automation services or Add-ons is concluded only via the order form provided on the Website. Order forms may require additional information (e.g., payment details).

• 4.5.2 By submitting the order form, the customer makes a binding offer and explicitly agrees to these ToS.

• 4.5.3 AdFixer will confirm receipt electronically. Acceptance occurs either by express declaration or tacitly by providing access to the purchased services.

• 4.5.4 AdFixer reserves the right to refuse conclusion of a contract (e.g., due to platform restrictions) without obligation to disclose reasons.

• 4.5.5 A contract shall be deemed concluded only upon explicit acceptance by AdFixer. Silence, failure to respond, or automated acknowledgment of receipt shall not constitute acceptance.

4.6 Fees and Payments

• 4.6.1 Fees are specified in order forms or on the Website. They may be one-time or recurring (monthly/annual). Fees are payable exclusively in advance at the start of each billing period (once, monthly, or annually).

• 4.6.2 Payments may be made only via payment methods approved by AdFixer, as displayed on the Website. AdFixer may decline certain payment methods in justified cases (e.g., returned debit, chargebacks, insufficient funds). If a payment fails, is returned, or otherwise does not reach AdFixer, services may be suspended or discontinued immediately without prior notice.

• 4.6.3 Customers are not entitled to refunds for payments already collected, except where required by law or expressly provided herein.

• 4.6.4 Prepaid fees are strictly non-refundable, including in cases of early termination by the customer, except where otherwise required by applicable law.

4.7 Renewals

Subscriptions automatically renew at the end of each term for the same duration as the initial contract, unless the customer cancels prior to renewal using the methods provided on the Website.

• 4.7.1 Renewal fees are those in effect at the time of renewal as published on the Website. If payment for a renewal cannot be processed at the due date, AdFixer may suspend or discontinue the services immediately, without prior notice.

• 4.7.2 Customers are responsible for tracking their subscription expiration dates and upcoming renewals. If a renewal payment has been successfully collected, the customer is not entitled to a refund. AdFixer will ensure service availability for the entire paid term.

6.1

To deliver the services, you grant AdFixer a non-exclusive, worldwide, royalty-free license to use and process the content and data you provide (including data within your third-party marketplace accounts, such as Amazon-ID information).

6.2

This license includes rights of reproduction, use, operation, copying, display, distribution, modification, translation, creation of derivative works, and technical adaptation of the content, to the extent necessary for AdFixer to provide, maintain, and improve the services. This also includes making content accessible on mobile devices and within third-party integrations.

6.3

You expressly represent and warrant that you are authorized to grant these rights, and that granting them does not violate any third-party rights.

6.4

AdFixer processes personal data in accordance with its Privacy Policy and, where applicable, its Data Processing Addendum (DPA). In case of conflict between these ToS and the DPA, the DPA shall prevail with respect to the processing of personal data.

6.5

Tokens, credentials, and account access information are stored securely using encryption and appropriate access controls.

6.6

AdFixer may use anonymized and aggregated data derived from customer content for analytical, statistical, and product improvement purposes, provided that such data cannot reasonably be used to identify the customer or its end-users.

6.7

The customer shall indemnify and hold harmless AdFixer against any third-party claims alleging that the content or data provided by the customer violates applicable law or infringes third-party rights.

7.1

All intellectual property rights in the services, including software, algorithms, trademarks, trade names, and related materials, remain the exclusive property of AdFixer or its licensors.

7.2

Except as expressly permitted under these ToS, you may not copy, decompile, disassemble, reverse engineer, modify, or otherwise attempt to derive the source code of AdFixer's services, nor may you use AdFixer's trademarks, trade names, or copyrighted works without prior written consent.

7.3

All rights in materials, content, and data you provide remain with you, subject only to the license granted in Section 6.

7.4

Any feedback, suggestions, or ideas provided by the customer may be freely used by AdFixer without restriction, attribution, or obligation of compensation.

8.1

AdFixer targets 98% quarterly service availability. Downtime caused by force majeure, third-party attacks, or scheduled/unscheduled maintenance is excluded from the calculation. Scheduled maintenance windows, communicated in advance by AdFixer, are excluded from uptime guarantees.

8.2

If guaranteed availability is not achieved, the sole remedy available to the customer is an extension of the subscription: one additional week for every 2% unavailability beyond the threshold. This remedy is exclusive and replaces all other remedies, claims, or compensations relating to service availability.

8.3

Service availability depends on the functioning of third-party platforms (e.g., Amazon API). AdFixer is not responsible for outages or limitations caused by external platforms.

8.4

It is the customer's responsibility to maintain hardware, software, and internet environments sufficient to access and use AdFixer's services.

9.1

Registration is indefinite but cannot be deleted while active subscriptions exist. If there are no active subscriptions, the customer may delete its account at any time with immediate effect, subject to data retention obligations under the Privacy Policy.

9.2

The contractual term of each purchased service is indicated in the applicable order form and may be subject to automatic renewal under Section 4.

9.3

AdFixer may suspend or terminate services in cases of non-payment, breach of these ToS, violation of applicable laws, or security risks.

9.4

AdFixer may unilaterally terminate a contract without cause by providing 14 days' written notice and reimbursing the customer for prepaid fees for the unused remainder of the subscription period.

9.5

In cases of material or systematic breaches, or actions damaging AdFixer's business reputation or interests, AdFixer may terminate immediately without reimbursement. AdFixer's right of immediate termination shall be without prejudice to its right to claim damages. Such termination shall not affect AdFixer's right to collect any outstanding fees.

9.6

Upon termination, access to services will cease. Customers may request export of available data within 30 days. After this period, AdFixer shall have no obligation to retain customer data, except where retention is required by law. After this period, AdFixer shall permanently delete customer data unless retention is required by law.

9.7

The customer may terminate a subscription for convenience at any time by providing written notice to AdFixer. Such termination shall not entitle the customer to any refund of prepaid fees, and services shall remain available until the end of the paid term.

9.8

In the event AdFixer reinstates a suspended account after a breach, AdFixer may charge reasonable reinstatement fees to cover administrative and technical costs.

10.1

AdFixer is liable only for damages directly caused by intent or gross negligence, limited to foreseeable damages at the time of contract conclusion.

10.2

AdFixer shall not be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, lost business opportunities, advertising performance expectations (e.g., ROI, ACoS, ROAS), revenue, or goodwill.

10.3

The aggregate liability of AdFixer under these ToS, whether arising in contract, tort, or otherwise, shall in no event exceed the total fees paid by the customer in the 12 months preceding the event giving rise to liability, regardless of the number of claims or claimants. The liability cap applies regardless of the number of claims or claimants and shall not be aggregated beyond the 12-month period preceding the event giving rise to liability.

10.4

Customers will indemnify and hold harmless AdFixer from claims, damages, or losses arising out of (i) the customer's content, ads, products, or services, (ii) misuse of the services, or (iii) breach of these ToS.

11.1

AdFixer may update or modify these ToS at any time by publishing a new version on the Website and notifying customers via account notification or email.

11.2

Unless otherwise required by law or court order, amendments take effect 14 days after publication. During this period, customers who do not agree may terminate their subscriptions and receive a refund of prepaid fees for the unused portion of the term. Notwithstanding the foregoing, AdFixer may implement amendments with immediate effect if required to comply with applicable law, court orders, or mandatory changes imposed by third-party platforms (e.g., Amazon API policies).

11.3

Continued use of the services after the effective date of amendments constitutes acceptance of the updated ToS.

13.1

These ToS constitute the entire agreement between AdFixer and the customer and supersede any prior agreements regarding the services.

13.2

If any provision of these ToS is found invalid, the remaining provisions remain in full force and effect.

13.3

Notices may be provided electronically through the customer account or by email.

13.4

Tailored services may be provided under separate written agreements. In case of conflict, the specific agreement prevails over these ToS.

13.5

Provisions which by their nature are intended to survive termination (including Sections 6, 7, 10, 12, and 14) shall remain in full force and effect.

14.1 Contract Language

The governing contract language of these ToS is English. All amendments, notices, and communications in relation to these ToS shall be made in English, unless expressly agreed otherwise in writing.

14.2 Access to ToS

The current and up-to-date version of these ToS will always be made available on the Website. Customers are responsible for reviewing the applicable version before using the services.

14.3 Severability

If any provision of these ToS is held invalid, illegal, or unenforceable by a competent authority, this shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be deemed replaced by a valid provision that most closely reflects the original intent of the parties.

14.4 No Waiver

Failure by AdFixer to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.

14.5 Assignment

The customer may not assign or transfer any rights or obligations arising under these ToS without AdFixer's prior written consent. AdFixer may assign these ToS in connection with a merger, acquisition, or sale of business assets, provided that such assignment does not reduce the rights of the customer under these ToS. Any prohibited assignment or transfer of rights or obligations by the customer shall be null and void. Any such attempted assignment shall not release the customer from its obligations under these ToS.

14.6 Entire Agreement

These ToS, together with any order forms and referenced documents (such as the Privacy Policy and DPA), constitute the entire agreement between AdFixer and the customer and supersede all prior understandings, arrangements, or agreements, whether written or oral, regarding the subject matter.

14.7 Version Control

The version number and date of publication of these ToS shall be indicated at the end of the document. Continued use of the services after publication of a new version constitutes acceptance of the updated ToS in accordance with Section 11.

14.8 Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, pandemics, epidemics, governmental lockdowns, cyber-attacks, labor disputes, platform/API outages, or failures of internet providers.

14.9 Electronic Communications

Electronic communications, electronic signatures, and digital confirmations shall be deemed equivalent to written form for the purposes of these ToS.