Terms & Conditions
Last updated: December 10, 2024
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and AdFlex (we, us or our), concerning your access to and use of the AdFlex platform and services. You agree that by accessing the platform, you have read, understood, and agree to be bound by all of these Terms and Conditions.
Important Notice
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
User Representations
By using the platform, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such information as necessary
- You have the legal capacity and you agree to comply with these Terms and Conditions
- You are not a minor in the jurisdiction in which you reside
- You will not access the platform through automated or non human means
- You will not use the platform for any illegal or unauthorized purpose
- Your use of the platform will not violate any applicable law or regulation
Account Registration
You may be required to register with the platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Subscriptions and Billing
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
Free Trial
We may offer a free trial to new users who register with the platform. The account will be charged according to your chosen subscription at the end of the free trial period.
Cancellation
You can cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our services, please contact us at support@adflex.io.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
Prohibited Activities
You may not access or use the platform for any purpose other than that for which we make it available. Prohibited activities include, but are not limited to:
- Systematically retrieving data or other content from the platform to create or compile a directly competitive database or service
- Making any unauthorized use of the platform, including collecting usernames and or email addresses of users to send unsolicited email
- Using the platform to advertise or offer to sell goods and services
- Circumventing, disabling, or otherwise interfering with security related features of the platform
- Engaging in unauthorized framing of or linking to the platform
- Tricking, defrauding, or misleading us and other users
- Making improper use of our support services or submitting false reports of abuse or misconduct
- Engaging in any automated use of the system, such as using scripts to send comments or messages
- Interfering with, disrupting, or creating an undue burden on the platform or networks or services connected to it
- Attempting to impersonate another user or person
- Selling or otherwise transferring your profile
- Using any information obtained from the platform to harass, abuse, or harm another person
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising the platform
- Attempting to bypass any measures designed to prevent or restrict access to the platform
- Harassing, annoying, intimidating, or threatening any of our employees or agents
- Deleting the copyright or other proprietary rights notice from any content
- Copying or adapting the platform software
- Uploading or transmitting viruses, trojan horses, or other malicious material
- Using the platform in a manner inconsistent with any applicable laws or regulations
Intellectual Property Rights
Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the Content) and the trademarks, service marks, and logos contained therein (the Marks) are owned or controlled by us or licensed to us.
The Content and the Marks are provided on the platform AS IS for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User Data
We will maintain certain data that you transmit to the platform for the purpose of managing the performance of the platform, as well as data relating to your use of the platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We also reserve the right to modify or discontinue all or part of the platform without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the platform. We cannot guarantee the platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the platform, resulting in interruptions, delays, or errors.
Disclaimer
THE PLATFORM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) your use of the platform; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the platform with whom you connected via the platform.
Governing Law
These Terms and Conditions and your use of the platform are governed by and construed in accordance with the laws applicable to agreements made and to be entirely performed within the jurisdiction, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions, you and we agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding existence, validity, or termination, shall be referred to and finally resolved by arbitration under the applicable arbitration rules.
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our platform after those revisions become effective, you agree to be bound by the revised terms.
Severability and Waiver
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on the platform or in respect to the platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Email: support@adflex.io
Website: https://adflex.io