TERMS OF SERVICE
Updated December 21, 2017
Please read these Terms of Service (“Terms”) carefully. By using Adahead or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Adahead (“Adahead” or the “Service”) is a service offered through the URL www.adahead.com (the “Website”) that allows you to create and manage Apple Search Ads campaigns. Adahead is owned and operated by MPR MEDIA INC, a company organized under the laws of Massachusetts, United States (“Adahead,” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).
The following Term regulate the access to and use of the Services (as defined below). By accessing or using the Service in any manner, you agree that you have read and agree to be bound by this Terms to the exclusion of all other terms. The Term begins when you sign up for Adahead and continues as long as you use the Service. Clicking the button and entering your email and password means that you’ve officially “signed” the Terms. If you are accepting this Terms on behalf of an organization, you represent that you have authority to do so. If you have any questions, concerns or comments regarding these Terms, please contact us at firstname.lastname@example.org
We reserve the right to change our services, pricing, any other terms and conditions at our sole discretion, with or without prior notice.
1.1 Service(s) means access to the features provided by Adahead.
1.2 Apple Search Ads Service(s) means access to the features provided by Apple. The Services consist of the features described at http://searchads.apple.com/terms-of-service/. Adahead will not be liable for Apple Search Ads Service technical serviceability.
1.3 Website means the www.adahead.com website and domain name and all other websites and domain names affiliated with Adahead and any other linked pages, features, content, or application services (including without limitation mobile application services) offered in connection therewith by Adahead.
2.1. Eligibility. In order to use Adahead, you must:
(a) be at least eighteen (18) years old and able to enter into contracts;
(b) complete the registration process;
(c) agree to the Terms; and
(d) provide true, complete, and up to date contact information.
By using Adahead, you represent and warrant that you meet all the requirements listed above, and that you won’t use Adahead in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Adahead may refuse service, close accounts of any users, and change eligibility requirements at any time.
3. Your Rights and Obligations
3.1 Access to Service. We grant you a non-exclusive, non-transferable, revocable, limited, personal right to access our Service. We do not authorize other use or access, including, without limitation, by robots, spiders, crawlers and scraping technologies. You are responsible for setting your own email as a username and password (“Login Information”) and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access the Service through your Login Information (“Authorized Users”). You and your Authorized Users may use the Service only for your own business, not to access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service.
3.2 Apple Search Ads account. In order to use the Service, you must be a registered user and have an advertising account with Apple Search Ads (“Search Ads”). We provide you with a technical application which allows you to create and manage ads on Search Ads through the API.
3.3 Feedback. User may, at its discretion, provide feedback, suggestions, improvements, enhancements, and/or feature requests to Adahead with respect to its use of the Service (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us. Notwithstanding the foregoing, we will not disclose to any third party that you are the source of any Feedback. You shall, and hereby do, grant to us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
User shall not directly or indirectly (a) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Service (except to the extent that such a prohibition would be prohibited by law), (b) use the Service in any manner that, or contribute any content that, infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (c) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any part of the Service, (d) use the Service in any manner that, or contribute any content that, is harmful, fraudulent, deceptive, threatening, abusive, obscene, libelous, disrespectful or otherwise objectionable, or that violates any law, statute, ordinance, regulation, or Search Ads Terms of Service that provided at http://searchads.apple.com/terms-of-service/ (e) contribute any content that contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, or (f) permit any third party to engage in any of the foregoing proscribed acts.
You agree to hold in confidence and not use or disclose confidential information. If we share confidential information about our Service, you must keep it confidential and use reasonable security measures to prevent disclosure or access by unauthorized persons.
6. Payment terms
Adahead uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Adahead account. Adahead is a “Partner Application” as defined in the Stripe Terms of Service.
By using Adahead and agreeing to the Adahead Terms, you also agree to be bound by Stripe’s Terms of Service. You expressly understand and agree that Adahead shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Adahead shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Adahead is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that Adahead uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Adahead liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your Adahead account, or your business.
You must timely pay all applicable fees based on our plans. The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Service may require payment.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Adahead account.
A valid credit card is required for paying accounts. A credit card is not required upon initial sign up and for the trial period.
You remain responsible at all times for the direct payment of the ads purchased in Apple Search Ads.
7. Platform fee
Platform fee is 2.5% of ad spend for the current month. For example, for $1000 of spend the platform fee is $25. The Service bills on a monthly basis and that fee is non-refundable. Accounts are not prorated. There will be no refunds or credits or upgrade/downgrade refunds. All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
8. Free Trial
To understand if Adahead is right for you we offer a 14-day trial to use the platform at no cost and with no obligations. After the trial ends, you will be required to provide a valid credit card to be able to continue using the platform. Your account will be charged automatically after 30 days following the day trial period ended.
We don’t provide refunds simply because your circumstances have changed or you change your mind.If the credit card is not set after 14 days your Adahead account will be put on hold.
9. Transaction security
All transaction information passed between Adahead and Stripe's systems is encrypted using 256-bit SSL certificates. No cardholder information is ever passed unencrypted. You can be completely assured that nothing we pass to Stripe's servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
10. Modifications to the Service and prices
Adahead reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently. Adahead reserves the right to change the prices of any and all Services at any time. Adahead shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation of Services. You may terminate your account at any time with the 30 days in advance notice. You must pay throughout any agreed term and you are not entitled to any refunds.
12. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
13. Warranty Disclaimer
13.1 WE OFFER THE SERVICES “AS IS,” WITHOUT ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS
13.2 Disclaimers. YOU USE OUR SERVICE AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DISCLAIM ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES (INCLUDING APPLE SEARCH ADS) OR ACTIVITIES, ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, ANY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE ADESPRESSO TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
14. Sole Remedy
IF YOU ARE DISSATISFIED WITH OUR SERVICES OR HARMED BY US OR BY ANYTHING RELATED TO OUR SERVICES, YOU MAY TERMINATE THE ADAHEAD TERMS. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND OUR SOLE AND EXCLUSIVE LIABILITY) FOR ANY BREACH OF CONTRACT.
Adahead offers email-based support. You may contact the support desk at email@example.com. Adahead will use commercially reasonable efforts to assist you with any problems you may be having with the Service.