1. INTRODUCTIONWelcome to MEGAADSPOT! Please read these Terms of Use ("Terms") carefully before using our Website and the services provided by MEGAADSPOT Sp. z o. o. (hereinafter "we," "our," or "us" or “Company”).By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
2. DEFINITIONS2.1. In these Terms and our Services, the following definitions shall apply:
- Ad Impressions: means the number of times an ad is displayed to users.
- A/B Testing: means a method of comparing two versions of a webpage or content to determine which performs better.
- Content: means any text, images, videos, graphics, or other media displayed or distributed through digital marketing channels.
- Company: means MEGAADSPOT Sp. z o. o., a company incorporated in Poland under KRS number 0001064408.
- CTR (Click-Through Rate): means the percentage of users who click on an ad or link compared to the number of total users who saw it.
- Digital Marketing: means the practice of promoting products, services, or brands using digital channels such as websites, social media, email, search engines, and more.
- Lead Generation: means the process of attracting potential customers and gathering their contact information.
- PPC (Pay-Per-Click): means an advertising model where advertisers pay a fee each time their ad is clicked.
- ROI (Return on Investment): means a measure of the profitability of digital marketing campaigns.
- SEM (Search Engine Marketing): means a form of online advertising where ads are displayed in search engine results pages.
- SEO (Search Engine Optimization): means the practice of optimizing website content to improve its visibility in search engine results.
- Service: The digital marketing services provided by the Company as described on our Website.
- Social Media Marketing: means the use of social media platforms to promote products or services.
- Terms of Use: This document, outlining the terms and conditions for using the Company’s digital marketing services.
- User, You: An individual or entity accessing and interacting with digital marketing services or websites.
- Website: means the Company’s website at https://megaadspot.com.
3. SCOPE OF SERVICES3.1. The company provides digital marketing services to clients. These services encompass various aspects of online marketing and promotion, including but not limited to Search Engine Optimization (SEO), Social Media Marketing, Pay-Per-Click Advertising (PPC), Targeted Advertising on platforms such as Google, Facebook, and Instagram, Conversion Rate Optimization (CRO), Web Analytics with a data-driven approach, Google Analytics 4 (GA4) Implementation and Management, Dynamic Remarketing, Content Marketing, Web Design & Development, and Marketing Materials Creation (collectively referred to as the "Services").
The scope of the Services may vary depending on the specific needs and objectives of each client. Clients may select from the range of Services provided by the Company based on their requirements.
3.2. The Company reserves the right to update, modify, or expand its range of Services to align with industry trends and the evolving needs of its clients.
4. ELIGIBILITY4.1. Users must be at least 18 years of age to access and use the Website and Company’s Services. By using our Website and our Services, you represent and warrant that you meet this age requirement.
4.2. You have the capacity to enter into a legally binding contract and use the Services and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply.
5. RESTRICTIONS5.1. You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services or Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionality of the Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website; or (f) use the Website or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between Company and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Website; (vi) transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the Company’s network services; (viii) attempts to gain unauthorized access to the Company’s network services; (ix) suggests an express or implied affiliation with the Company or broker relationship with the Company (without the express written permission of the Company); (x) impairs or limits the Company’s ability to operate the Platform or Website or any other person’s ability to access and use Platform or Website; (xi) unlawfully impersonates or otherwise misrepresents Your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xiv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xv) dilutes or depreciates the name and reputation of the Company or any of its affiliates; (xvi) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xvii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.
6. RELIANCE ON INFORMATION6.1. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the timeliness, accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
7. INTELLECTUAL PROPERTY7.1. The trademarks, trade names, service marks, and logos of the Company and others are the property of the Company and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on the Website belong to the Company. The trademarks and other content on the Website should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Website on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
7.2. You acknowledge and agree that the Company retains all right, title and interest in all of the Company’s intellectual property contained in Website, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon. You agree not to use, reverse engineer, modify, or alter any of the Company’s intellectual property for any reason without the Company’s prior written consent.
8. CONFIDENTIALITY8.1. Confidential Information means all information, whether written or oral, and in any form (including, without limitation, engineering documents, research and development, manuals, reports, designs, drawings, plans, flowcharts, software (in source or object code), program listings, data file printouts, processes, component part listings and prices, product information, new product plans, sales and marketing plans and/or programs, pricing information, customer lists and other customer information, financial information and employee files or other employee information) relating to the disclosing party’s business or technology to receiving party.
8.2. The definition of “Confidential Information” shall be deemed to include:
(a) all notes, analyses, compilations, studies, interpretations, or other documents prepared by either party or its representatives that contain, reflect or are based upon in whole or in part, the information furnished by or on behalf of the disclosing party to the receiving party pursuant hereto, and
(b) Confidential Information disclosed before, during, or after the commencement of service provision
Confidential Information does not include information:
(a) lawfully received from third parties without confidentiality obligation to the disclosing party;
(b) in the public domain other than through a breach of the obligation of confidentiality imposed by this Terms
(c) independently developed without the use of the other party’s Confidential Information;
(d) is lawfully known to the receiving party without an obligation of confidentiality the time the receiving party receives the same from the disclosing party, as evidenced by written records.
8.3. Promptly upon the written request of the disclosing party, the receiving party shall, and shall cause its representatives to, return to the disclosing party, or destroy all Confidential Information. If the receiving party destroys the Confidential Information, it shall certify that it has done so in writing and promptly deliver that certificate to disclosing party. The receiving party may retain one permanent file copy of the Confidential Information of the disclosing party and any derivative materials if required to do so under applicable
8.4. Company agrees to maintain the confidentiality of any information provided by users in connection with the Services, except as required by law.
9. LIMITATION OF LIABILITY9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. INDEMNIFICATION10.1. Users agree to indemnify, defend, and hold the Company and its officers, directors, employees, agents, and affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with their use of Website or Company’s Services, their User Content, or their violation of these Terms.
11. WARRANTIES11.1. The Services and the Website are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory.
12. LINKS TO OTHER WEBSITES12.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Company and has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
13. NON-DISPARAGEMENT13.1. You agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors or employees whether during the Term or after the termination of Services. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent you from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.
14. FORCE MAJEURE14.1. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.
15. SEVERABILITY15.1. The provisions of this Terms are severable, and if any provision of this Terms is determined to be invalid or unenforceable under any controlling law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Terms.
16. TERMINATION16.1. The Company may terminate a user's access to the Website and the Services at any time, with or without cause, in its sole discretion. Upon termination, the user must immediately cease all use of the Website and the Services.
17. GOVERNING LAW AND JURISDICTION17.1. These Terms will be governed by and construed in accordance with the laws of Poland, without giving effect to any principles of conflicts of law. Users agree that any action arising out of or in connection with these Terms or the use of the Website or the Services will be brought exclusively in the federal or state courts located in Poland.
18. MISCELLANEOUS18.1. These Terms constitute the entire agreement between You and the Company regarding the use of the Website and the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
19. CHANGES TO TERMS19.1. Company reserves the right to modify these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will provide notice by posting the revised Terms on the Website. Your continued use of the Website or the Services after the effective date of any such changes constitutes your acceptance of the modified Terms.
20. ASSIGNMENT20.1. You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
21. FINAL PROVISIONS21.1. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
21.2. These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between You and the Company.
21.3. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
22. CONTACT INFORMATIONIf you have any questions about these Terms, please contact us at:
[email protected]