Terms & Conditions

Welcome to AdOptima. These Terms and Conditions govern your use of our website, services, and platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you must not access our Services.

1. Introduction

AdOptima is a provider of advanced ad management solutions and analytics. We provide tools and strategies to help businesses optimize their digital advertising efforts. These Terms constitute a legally binding agreement between you (whether you are an individual, a business entity, or an organization) and AdOptima.

2. Definitions

In these Terms, the following definitions apply unless the context requires otherwise:

• "AdOptima", "We", "Us", or "Our" refers to AdOptima, Keizersgracht 458, 1016 GX Amsterdam, Netherlands.
• "User", "You", or "Your" refers to the individual or entity accessing or using the Services.
• "Services" refers to the ad management software, analytics dashboards, consultancy, and any other features provided by AdOptima.
• "Client Data" refers to any data, information, or material provided by You to AdOptima for the purpose of using the Services.
• "Third-Party Services" refers to third-party advertising platforms (e.g., Google Ads, Facebook Ads) integrated with our Services.

3. Acceptance of Terms

You may access and use the Services only if you agree to these Terms. By clicking "Accept," creating an account, or using our Services, you signify your acceptance. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

4. Changes to Terms

We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We will notify you of material changes via email or a prominent notice on our website.

5. User Accounts

To access certain features of the Services, you may be required to create an account. You agree to the following obligations regarding your account:

• Provide accurate, current, and complete information during the registration process.
• Maintain and update your account information to keep it accurate, current, and complete.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately if you suspect any unauthorized use of your account or any other breach of security.
• You are responsible for all activities that occur under your account, whether or not you have authorized those activities.

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

6. Services and Fees

6.1. Subscription and Payment

Our Services are offered on a subscription basis or as custom consultancy services. Fees are detailed on our pricing page or in a separate Statement of Work. By subscribing to a paid plan, you agree to pay all applicable fees in accordance with the billing terms in effect at the time of purchase.

6.2. Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, as selected during signup. Refunds are not provided for partial months or unused portions of the subscription, except at our sole discretion.

6.3. Ad Spend

AdOptima is a management tool; we do not pay for your advertising costs directly to third-party platforms (e.g., Google, Meta). You are responsible for all charges billed to you by third-party advertising platforms. AdOptima is not responsible for any errors or overcharges incurred on these third-party platforms.

7. Use License and Restrictions

7.1. License

Subject to compliance with these Terms, AdOptima grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes.

7.2. Restrictions

You agree not to:

• Use the Services for any illegal purpose or in violation of any local, national, or international law.
• Reverse engineer, decompile, or disassemble any aspect of the Services.
• Access the Services in order to build a competitive product or service.
• Use automated scripts to scrape data or interfere with the operation of the Services.
• Upload viruses, malware, or any other malicious code.
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

8. Intellectual Property Rights

The Services and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are the exclusive property of AdOptima or its licensors and are protected by copyright, trademark, and other intellectual property laws. You retain all rights to your Client Data. By providing Client Data to us, you grant us a license to use, modify, and process such data solely to provide the Services to you.

9. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your information. You consent to the collection and use of your information as described in the Privacy Policy.

As the data controller, AdOptima complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

10. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by AdOptima. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will meet your specific requirements, that the Services will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Services will be accurate or reliable.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADOPTIMA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

IN NO EVENT SHALL ADOPTIMA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS EXCEED THE AMOUNT YOU PAID TO ADOPTIMA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless AdOptima and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Services, your violation of any term of these Terms, or your violation of any rights of a third party.

14. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

16. General Information

16.1. Entire Agreement

These Terms constitute the entire agreement between you and AdOptima regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and AdOptima.

16.2. Severability

If any provision of these Terms 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.

16.3. Waiver

No waiver by AdOptima of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AdOptima to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.