Terms and conditions
1. AdShield ADVERTISER T&Cs
1.1. AdShield makes custom display exclusion lists available to Advertisers via API or online interface (the “Service”). Online advertisers using Google Ads or DMB (“Advertiser”) can implement these exclusion lists in their DSP.
1.2. To provide the Service to online Advertisers, AdShield will at least need access to Advertiser’s Google Analytics Core Reporting API. Advertiser explicitly states that he has the requisite authority and rights to enter into this Agreement and provide access to the data.
1.3. AdShield uses Advertiser’s account to retrieve several core KPIs of his previous online ad performance and the list of publishers on which Advertiser has bought inventory programatically through Google Ads or DBM.
1.4 Based on this information AdShield creates a custom exclusion list using a learning set of Google Ad accounts that are similar to Advertiser’s account.
1.5. Advertiser permits AdShield to use, copy, store and use for analyses of all and any kind and pass on or sell to any third party all and any contained in the Data Sources.
2. ADVERTISER OBLIGATIONS
2.1. Advertiser may not make available any Personal Data to AdShield, which means that his Data Sources must not contain any Personal Data (such as IP addresses, so that Advertiser needs to use the Google Analytics AnonymizeIP function). “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.2. Advertiser shall be liable to AdShield for all damages and expenses that arise out of any violation of Advertiser’s obligations governed under Section 4.1 and that Advertiser may consider necessary under the circumstances, and shall indemnify Advertiser against all claims of any third party that such third party may raise based on a violation of Advertiser’s aforesaid obligations. This shall not apply if Advertiser proves that he is not responsible for the violation
3.1. Advertiser explicitly confirms that financial losses arising out of the contract under no circumstance can be foreseen to exceed 1,000.00 US Dollars, so that Advertiser’s aggregate liability is restricted to 1,000.00 US Dollars.
3.2. Except for liability under Section 2.1, Advertiser shall not in any event be liable (or in any way legally responsible) for third party claims, lost profits, loss of business, loss of reputation or good will, and/or any other indirect or consequential damages.
3.3. For the loss or corruption of data, Advertiser’s liability shall be restricted to such damages that would have arisen if Advertiser had backed up his data in a suitable form at intervals adequate for the application, so that such data can be recovered with reasonable effort. Advertiser is referred to the fact that failure of Advertiser to perform his own data backups may lead to claims for damages against AdShield based on data losses being excluded.
3.4. Liability for any other damages shall be excluded.
3.5. AdShield’s liability limitations shall also apply to any personal liability of Advertiser’s officers, agents, employees and assistants.
4. TERM AND TERMINATION
4.1. The contract is made for an undefined period of time.
4.2. Advertiser may terminate the contract by sending an email to delete@AdShield.ai.
5. AMENDMENTS TO THE TERMS AND CONDITIONS
5.1. Amendments to these Terms and Conditions shall be offered to Advertiser no later than two months prior to the proposed date of their effectiveness, by means of an email to the email address of Advertiser’s Advertiser account.
6. FINAL PROVISIONS
6.1. The contract shall be governed by and construed in accordance with the laws of the England and Wales without giving effect to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If Advertiser is a consumer, this choice of law shall be without prejudice to the application of rules of the law of the country where Advertiser has his habitual residence, which cannot be derogated from by contract.
6.2. Except for payment claims, Advertiser may not assign any rights and obligations arising from this contract or the contract as a whole to any third party, without the prior written consent of Advertiser.
6.3. Advertiser may assign any rights arising from this contract or the contract as a whole to any third party without Advertiser’s consent. If Advertiser announces an assignment of the contract as a whole – namely not in cases of assignment of payment claims –, Advertiser may terminate the contract affected by the assignment, without any notice period or cost, prior to the point in time of the effectiveness of the assignment or, if communicated after the effectiveness of the assignment, within two weeks.
6.4. Other terms and conditions of either party shall not apply. The contract including these Terms and Conditions constitutes the entire agreement between the parties with regard to the subject matter hereof. There are no side agreements.
6.5. Should one or more of the provisions of these Terms and Conditions be or become invalid or unenforceable, the validity and enforceability of the other provisions thereof shall not be affected.