Terms and conditions

THANKS FOR USING AGCS.

The following page describes the data we collect, store and share.
Please read these Terms carefully. By using AGCS 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. AGCS (“AGCS” or the “Service”) is an advertising service offered through the URL www.AGCS.com (we’ll refer to it as the “Website”) that allows you to create, run, and measure mobile advertising campaigns (each message is called an “Ad”) to individual recipients. AGCS is owned and operated by AGCS B.V, a limited liability corporation (“AGCS,” “we,” or “us”). AGCS has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”). These Terms of Use (“Terms,” including our Privacy Policy, define the terms and conditions under which you’re allowed to use AGCS and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

1. Eligibility

In order to use AGCS, you must:

  • 1. be at least eighteen (18) years old and able to enter into contracts;
  • 2. complete the registration process;
  • 3. agree to the Terms; and
  • 4. provide true, complete, and up to date contact information.

By using AGCS, you represent and warrant that you meet all the requirements listed above, and that you won’t use AGCS in a way that violates any laws or regulations. AGCS may refuse service, close accounts of any users, and change eligibility requirements in accordance with the Terms. To the extent reasonable possible it shall always consult with you, prior to initialing such actions.

Represent and Warrant: “Representing and warranting” is like making a legally enforceable promise.

2. Terms

The Term begins when you sign up for AGCS and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for AGCS on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or AGCS may terminate this Agreement at any time and for any reason by giving Notice to the other party with due observance of a notice period of at least one (1) month. We may suspend our Service to you in the event of an attributable breach which is not remedied within a reasonable period after being notified hereof. If we terminate your account in such event, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Ad Impressions. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

Acceptable Use Policy: Our Acceptable Use Policy sets some rules that you have to follow as a AGCS user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience delivering advertising campaigns.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and by sending an email to the last email address you gave us. Unless you terminate your account within thirty (30) days, the new Terms will be effective immediately and apply to any continued or new use of AGCS. We may change the Website, the Service, or any features of the Service at any time. AGCS will notify you prior to such change. You will have the right to terminate the Agreement with immediate effect.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.

7. Insertion Order based Plans – managed service

Our charges and plans are posted on our Website and may be changed from time to time. In case of an increase, you will have the right to terminate the Agreement with immediate effect. Insertion orders are handled as a managed service and to be paid in full within 30 days of signing the Insertion Order (IO).

8. Prepaid Plans – self service

You may buy Advertising impressions to use our Services, as we explain on the pricing page of our Website, instead of signing Insertion orders. If you choose a Prepaid Plan, you’ll still be considered a Member, and other than order based requirements, all the terms of this Agreement will still apply to you. Advertisings impressions for Prepaid accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.

9. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

10. Changes

We may change our fees at any time by posting a new pricing structure to our Website and sending you a notification by email prior to such change. You will have the right to terminate the Agreement with immediate effect.

11. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide AGCS (proprietary rights include patents, trademarks, service marks, and copyrights).

12. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Ads. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

13. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

14. Right to Review Advertising Campaigns

We may view, copy, and internally distribute content from your campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

15. Right to Review Advertising Campaigns

We may view, copy, and internally distribute content from your campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. Right to Review Advertising Campaigns: We study data internally to make our advertising platform smarter and create better experiences for advertisers and end-users.

Right to Review Advertising Campaigns: We study data internally to make our advertising platform smarter and create better experiences for advertisers and end-users.

16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you receive advertising you think came from a AGCS user, we want to hear about it. If you think anyone has posted material that violates any copyrights we want to hear about it too. Please report it to our support-team.

Reporting Abuse: Every AGCS campaign has an embedded Campaign ID in the header that makes it easy to report suspected violation. If it doesn’t contain a Campaign ID, then it didn’t come from AGCS.

17. Bandwidth Abuse/Throttling

You may only use our bandwidth for your AGCS campaigns. We provide image and video hosting only for your advertising campaigns, so you may not host images and videos on our servers for anything other than your advertising campaigns (like a website). We do not throttle individual accounts. Bandwidth restrictions and limitations apply to our entire system and user base, no exceptions are made.

18. Compliance with Laws

You represent and warrant that your use of AGCS will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you with respect to Privacy Laws, or other laws in your country or region where you are running campaigns. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. AGCS shall at all times remain fully liable for compliance with applicable legislation and regulations for its Service. You:

1. Will clearly describe in writing how you plan to use any data collected, including for your use of AGCS. You’ll get express consent to transfer data to AGCS as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.

2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of advertising through AGCS.

3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow AGCS to receive and process data and send communications to end-users on your behalf.

4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

19. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Liability cap does not apply if damages are the result of gross negligence (grove schuld) or willful intent (opzet) of AGCS or its team.

20. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Warranties of Merchantability: Since people use AGCS for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!

21. Indemnity

You agree to indemnify and hold us harmless from any losses (including reasonable attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Indemnity: Indemnity is an agreement to compensate someone for a loss.

22. Attorney Fees

If we file an action against you claiming you breached these Terms and such breach is not remedied timely and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

23. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

24. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

25. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to a fully owned subsidiary, only with prior notice.

26. Choice of Law

Dutch law will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the Dutch court and each party will be subject to the jurisdiction of those courts.

27. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, embargoes, war, terrorist acts, fires, earthquakes, nuclear accidents, floods, power blackouts, volcanic action.

28. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

29. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

30. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

31. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

32. No Changes in Terms at Request of Member

Because we serve a globally, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

33. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

34. Notification of Security Breach

In the event of a security breach that may affect you or anyone, we’ll notify you of the breach and provide a description of what happened.

35. Entire Agreement

These Terms and our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about AGCS’s policies.