Welcome to AdAlysis! We look forward to helping you automate your Ad testing and account management. Before we do, we’d like to outline some basic terms of service for you.
AdAlysis and its subsidiaries (“AdAlysis”) provides technology and services that enable clients to automate their Ad testing and account management. Part of this is providing a new and exciting functionality allowing you to analyze your accounts and apply any changes to your accounts that you wish in one easy to use interface. This means that changes you make within AdAlysis directly affect your accounts.
Services and AdAlysis Materials. The Services and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, AdAlysis and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title and interest in the Service and Materials, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of AdAlysis and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
Trademarks. The Marks are the property of AdAlysis or other rights holders. You are not permitted to use the Marks without the prior consent of AdAlysis or the rights holder. AdAlysis and the AdAlysis logo are trademarks of AdAlysis.
Use of Services and Materials.
If you comply with the terms and conditions of this Agreement, AdAlysis grants to you a non-exclusive, non-transferable, revocable right to access and use the Services, to Make Available Your Content to the Service, and to use the Service Materials in connection with the Services, subject to the following conditions:
- You may not alter, copy, modify, or re-transmit the Service Materials without AdAlysis express consent;
- You may not lease, license, rent, or sell the Service Materials or the right to use and access the Services;
- You may not remove, obscure, or alter any text, copyright, or other proprietary notices contained in Service Materials; and
- You may not copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights.
- You agree to use the Services and the Materials only as permitted by the Terms and any Law.
- You acknowledge and agree that certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information.
AdAlysis uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. AdAlysis will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. Certain Services may not be available in all languages.
AdAlysis may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that AdAlysis shall not be liable to you or anyone else if we do so.
We may use the aggregated system information we collect for feedback, whitepapers, etc – but we will never share your actual data. None of our efforts will expose your paid search marketing data.
Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period.
When you signup, you will pick a package. That package has a max number of ads that the system will analyze. If you try to manually add more ads than is allowed by your package; then you will have to manually upgrade your package size to accommodate for the number of ads you wish to run in the system. We will never downgrade the account if your number of ads falls into a lower package size as we don’t know if you’ll want to add more ads later in the month.
In general, we will never automatically upgrade you; but there is one exception. If you add ads to an existing campaign that we are monitoring that would raise your package size; then we will send you two emails to give you a chance to either upgrade your package size or remove ads from the system. If you do not do this in 7 days; then we will upgrade you to the next larger package size.
You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment.
Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). AdAlysis has no connection to or responsibility for such fees.
Collection of Subscription Fee. You agree that in the event AdAlysis is unable to collect the Subscription Fees owed by you to AdAlysis for the Services, AdAlysis may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by AdAlysis in connection with such collection activity.
Limitation of Liability.
IN NO EVENT SHALL AdAlysis, ITS AFFILIATES, BUSINESS PARTNERS OR LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT FORESEEABLE OR IF AdAlysis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS.
If, despite the limitation above, AdAlysis, or any of its affiliates, business partners or licensors is found liable for any loss or damage that arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then the liability of AdAlysis, its affiliates, business partners and the licensors will be limited to $100.00 USD or the aggregate amount of service fees you paid to AdAlysis in connection with the service that you received from this site during the three-month period preceding the event giving rise to such liability, whichever is larger. This limitation will apply even if AdAlysis has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.