AdSecure Terms and Conditions of Use 

 
 

1. Parties

These terms and conditions (these "T&C") govern the relationship between :

  1. "You" - meaning the individual who opened an account on adsecure.com or, if applicable, the company, partnership or other person on behalf of whom that individual opened that account; and

  2. AdSecure Limited, a company limited by shares incorporated in the Republic of Ireland under number 528 132, with its registered office at Workhub, Office 1.6, 6 Fern Road, Sandyford, D18 FP98, Co. Dublin, Republic of Ireland (“AdSecure”, "We" or "Us").

 

2. Service

AdSecure offers an online ad monitoring service (the "Service"). We scan ad tags and landing pages for suspected instances of non compliance 24 hours a day, 7 days a week, from over 20 devices and browsers and over 100 countries using behavioural targeting techniques to emulate end-users' interactions with websites. Upon detection and after an intelligent threat analysis, We notify You automatically and in real-time with comprehensive forensic information, including a list of all the links that we find suspicious (the "Reports"). Essentially, the Service allows You to take action to protect end-users and in so doing, your reputation.

Notes :

AdSecure may update or otherwise modify the Service from time to time.

The Service is provided on a non-exclusive basis - meaning that We may also provide it to third parties. Accordingly, You may not license, sub-license or assign any of your rights under these T&C or otherwise make the Service available to third parties in any way.

The Reports are for your exclusive use - meaning that only You may use them. Accordingly, You may not disclose the Reports, in whole or in part, to third parties unless that disclosure is necessary to the normal operation of your business. 

You are responsible for making all arrangements necessary to access the Service and ensuring that all the information that You provide to Us remains correct and complete at all times. 


3. Service Levels

AdSecure must use its reasonable efforts to ensure that the Service's aggregate uptime equals or exceeds 99%. Our system logs will be used to track uptime.

Notwithstanding the foregoing, AdSecure does not warrant that the Service will be available during any downtime caused by :

  1. outages to any public internet backbones, networks or servers ;

  2. failures of your equipment, systems or local access services ;

  3. events beyond our control such as strikes, riots, fires, natural disasters, wars, governmental action, labour conditions or interruptions of internet services to any area where our offices, personnel or servers are located ; or

  4. previously scheduled maintenance.

AdSecure must provide customer support by email at support@adsecure.com or via website online chat during CET business hours from Monday to Friday.


4. Plans

AdSecure offers a range of subscription plans including a “Basic Plan”, a “Startup Plan”, an "Essential Plan," a "Business Plan" and an "Enterprise Plan" - each renewing on a monthly or annual basis (the "Plans"). We may offer during the account opening process a free trial period during which You may try out the Service for free for 14 calendar days. We reserve the right to modify, limit or cancel this offer at any time. To prevent any suspension of the Service, You should subscribe to one of the Plans at least one business day before the end of the free trial period.

Each plan includes a defined amount of scans and bandwidth per month. Additional scans and bandwidth are available for purchase as needed. Please contact our support team at support@adsecure.com to discuss your needs. Pricing is calculated on the number of scans processed monthly. A scan is the analysis of one offer, from one device, from one geolocation.


5. Fees

In consideration for being given access to and using the Service, You must pay to AdSecure the fee corresponding to your chosen Plan (the "Fee"). 

If You opted for a Plan renewing monthly, the Fee will be due immediately when You purchase your Plan and subsequently on the first day of every calendar month. The Fee for the first month will be reduced proportionately to reflect the fact that You will not have access to the Service for the full month. For instance, if You purchased your Plan on April 10th, 2023, the Fee for the first month (running from April 10th, 2023 to April 30th, 2023) will be reduced by 10/30th. 

If you opted for a Plan renewing annually, the Fee will be due immediately when You purchase your Plan and subsequently every year on the first day of the calendar month in which you purchased the Plan. For instance, if You purchased your Plan on April 10th, 2023, your Plan will renew every year on April 1st. The Fee for the first year will be reduced proportionately to reflect the fact that You will not have access to the Service for a full year. For instance, if You purchased your Plan on April 10th, 2023, the Fee for the first year (running from 10 April 2023 to 31 March 2024) will be reduced by 10/365th. 

AdSecure is incorporated in the Republic of Ireland under number 528 132 and registered for VAT under number 3179786AH. If applicable, VAT will be added to the Fee, in which case you agree to pay that VAT as well. The Fee, and any applicable VAT, is payable upon receipt of the invoice.

If You pay by wire transfer, valid proof of payment must be received prior to commencement of the Service. After receipt of the proof of payment, activation may take up to 24h from Monday to Friday and up to 72h during the weekend. 

If You pay by Paypal, a service fee will be applied to Your invoice. This service fee will depend on your country of residence. After payment timestamp, activation may take up to 24h from Monday to Friday and 72h during the weekend. 

Any failed or late payment will constitute a material breach of these T&C allowing AdSecure to suspend and/or terminate the Service to You. If You are required by law to withhold or deduct any amounts due to AdSecure, You must pay those amounts to the relevant authority and still make full payment of the Fee to AdSecure (together with any VAT, if applicable). More generally, You must always make full payment of the Fee to AdSecure, free and clear of any charges, commissions, taxes withholdings or deductions of any nature.


6. Accounts and security

You must treat your username(s), password(s) and other security information, whether chosen by You or provided by Us, as confidential. You must not share them with or otherwise provide access to your account to any other person. You must exit your account at the end of each session and use particular caution when accessing it from a public or shared computer. 

This clause is applicable by extension to all individuals acting on your behalf. You warrant that these individuals are aware of this clause and will comply with it at all times.

You must notify Us immediately of any unauthorized access to our Service or any other breach of security.


7. Prohibited uses

You must not :

  1. modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service or any other information or material of AdSecure ; 

  1. create or attempt to create a substitute or similar service or product through your access  to or use of the Service or any other information or material of AdSecure ;

  2. bypass any security measure or access control mechanism of the Service ;

  3. engage in any activity that disrupts the Service ;

  4. scrape any information or material made available to You by AdSecure for use in another product or service ;

  5. except as provided in clause 4, resell or otherwise distribute any information provided in the Reports ;

  6. generate queries, or impressions of or click on ads through any deceptive, fraudulent or other invalid means (including click spam, robots, macro programs, and Internet agents) ;

  7. encourage or require end users to click on ads through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent.

This clause is applicable by extension to all individuals acting on your behalf. You warrant that these individuals are aware of this clause and will comply with it at all times.


8. Confidentiality

A party (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) confidential information regarding its technology or business (the “Confidential Information” - as further defined below). The Receiving Party agrees to keep that Confidential Information confidential and not to disclose or use it except in the normal course of its provision or use of the Services. Additionally, the Receiving Party must limit disclosure of the Confidential Information only to persons with a reasonable need to know and who are bound by written confidentiality obligations no less restrictive than those set out herein.

Confidential Information means any information that the Disclosing Party would reasonably want the Receiving Party to treat as confidential - but does not include any information that the Receiving Party can show :

  1. was known to the Receiving Party before its disclosure by the Disclosing Party to the Receiving Party ;

  1. was independently developed by the Receiving Party without access to or use of the Confidential Information ;

  2. was received by the Receiving Party from a third party, free of confidentiality restrictions ;

  3. is publicly and generally available, free of confidentiality restrictions ; or

  4. is required to be disclosed under applicable law, provided, to the extent permitted under applicable law, that the Receiving Party gives prompt notice of such requirement to the Disclosing Party and if requested to do so by the Disclosing Party, uses reasonable efforts to cooperate with the Disclosing Party at the expense of Disclosing Party to challenge that requirement.

In the interest of clarity :

AdSecure may use aggregate data that does not identify You, any ad or any campaign (the “Aggregate Data”) for its own purposes e.g. to improve or market the Service or to make the Aggregate Data available to third parties on commercial terms to be determined by AdSecure.

Since AdSecure is part of a group of companies with multiple lines of business, We must maintain effective measures to prevent the disclosure of your Confidential Information to all persons in lines of business not directly involved in the provision of the Services.

This clause is applicable by extension to all individuals acting on behalf of either party. Each party warrants to the other that these individuals are aware of this clause and will comply with it at all times.


9. Disclaimers

Reports - AdSecure does not warrant the correctness or completeness of the information contained in the Reports and disclaims all liability arising from any reliance placed on this information by You or any other person to whom these Reports, in whole or in part, may be disclosed.

Third party websites - The reports may contain links to third party websites. We have no control over the contents of those websites and disclaim all liability arising from You or any other person accessing those websites.

Viruses and DDoS attacks - AdSecure cannot and therefore does not warrant that files available for downloading on the internet, including any files provided as part of or in connection with our Service, will be free of viruses. Similarly, Adsecure disclaims any liability for any loss or damage caused by a distributed denial-of-service attack, whether connected to our Service or not.


10. Limitation of Liability

The aggregate liability of Adsecure, its affiliates, licensors, service providers and other group members and its and their respective employees, directors, contractors, consultants and agents for breach of contract, in tort or under any other legal basis for damages of any kind arising out of or in connection with your use or inability to use the Service or any content in the Reports including any direct, indirect, special, incidental, consequential or punitive damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if foreseeable, may not exceed the total amount of Fees received from You by AdSecure. The foregoing does not affect any liability which may not be excluded or limited under applicable law. 


11. Indemnification for breach of these T&C

You agree to defend and indemnify AdSecure, its affiliates, licensors, service providers and other group members and its and their respective employees, directors, contractors, consultants and agents against any claims or liabilities, including for reasonable attorneys’ fees, arising directly or indirectly out of any breach by You or any other person acting on your behalf of these T&C.


12. General Provisions

(a) Publicity

AdSecure must not display your name or logo on our website or any marketing materials (e.g. to list You as one of our customers) without your prior written consent.

(b) Privacy

All the information that You provide to open your account or in the course of using the Service is governed by our Privacy Policy available at adsecure.com/privacy, which is hereby incorporated by reference into these T&C.

(c) Information and materials provided by You

You warrant that You are permitted to provide AdSecure with all URLs, ad tags and other information or materials that You provide to Us. You also warrant that your use of the Service is not in breach of any agreement between You and any third party.

(d) Term

These T&C take effect on the date on which You purchase a Plan and will stay in effect until You terminate your Plan or close your account or until We terminate your Plan or close your account. You may terminate your Plan or close your account at any time, for any reason. However, any Fee already paid will not be refunded. We May terminate your Plan or close your account at any time, for any reason. However, if We do this, We will refund any Fee already paid, proportionately to reflect the fact that You will not have access to the Service for a full month or year, as applicable.   

(e) Modifications to these T&C

We may update or otherwise modify these T&C from time to time at our sole discretion, subject only to Us giving You notice of that fact by e-mail to the last address that You provided to Us for this purpose. All modifications will be effective immediately when We send the e-mail notification, whether You read it to not, and apply to all your uses of the Services thereafter. However, any changes to clause 13 (d) (Disputes) may not apply to any existing disputes. Your continued use of the Services following the e-mail notification means that You agree to the changes.

(f) Disputes

Any dispute arising out of or in connection with the agreement documented in these T&C, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA rules, which rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dublin, Republic of Ireland. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the Republic of Ireland.

All communications between the parties in anticipation of a dispute must be given as follows : 

If from You to AdSecure, You must send the communication by registered mail (tracked but not necessarily signed) to : 


AdSecure Limited

Workhub, Office 1.6, 6 Fern Road,

Sandyford, D18 FP98, Co. Dublin,

Republic of Ireland 


followed by a copy by e-mail to legal@adsecure.com.

If the communication is from AdSecure to You, We must send it by registered mail (tracked but not necessarily signed) to the last physical address that You provided to Us, followed by a copy by e-mail to the last e-mail address that You provided to Us for that purpose.

(g) Entire Agreement

These T&C and the Privacy Policy constitute the entire agreement between the parties in relation to the Service and supersede all previous agreements, oral or written, in relation to that matter.

(h) Waiver and severability

No delay or failure by either party to exercise any right or remedy under these T&C may constitute a waiver of such right or remedy. All waivers must be in writing and signed by an authorised representative of the party waiving its rights. A waiver by any party of any breach of these T&C may not be construed as a waiver of a succeeding breach.

Should any of the provisions of these T&C be ruled invalid or unenforceable under applicable law, such provisions shall be severed from and not affect the validity or enforceability of the remainder of these T&C. In that case, those invalid or unenforceable provisions must be interpreted and amended to achieve as much as possible of their original purposes.

(i) Assignment

AdSecure may assign its rights or obligations under these T&C without your consent provided the assignee assumes all of those rights and obligations.

(j) Relationship of parties

The parties are independent contractors and have no right to assume or create any obligation or responsibility on behalf of each other. Neither party shall hold itself out as an agent of the other. These T&C may not be construed to create or imply any partnership, agency, joint venture, representative relationship or formal business entity of any kind.