AdScanIt – An Introduction
Welcome to AdScanIt. We provide near-real-time information alerts based on significant traffic impacting changes to your AdWords accounts.
Our services (“Services”) are provided by Aroxo Limited and our company information is provided below. By using our Services, you are agreeing to these Terms and Conditions (“Terms”). When you register on behalf of a business, that business accepts these Terms. Please read them carefully. Our Services are meant for business and commercial use.
We are constantly improving our Services and adding new features, so additional terms or product requirements may apply. We will bring these to your attention, usually on our website or by email. These additional terms become part of your agreement with us if you continue to use our Services.
It is important that you regularly check our website for notifications, especially for important notifications such as unavailability of the Service.
1. Our Services
Our Services are provided on our website located at http://adscan.it and through related mobile applications. When you subscribe to our Services, you will be granted a licence to use our technology to access alerts and reports on data about your AdWords account (all together “Services” for short).
Further information about our Services can be found here http://adscan.it
2. Using Our Services
In order to access or use our Services:
- You must be at least 18 years old;
- You must be using our Services for your business purposes and have the power and authority to use our Services and comply with these Terms. Our Services are not available to non-business consumers;
- You have to register by creating an account for your organisation and providing an acceptable username and a password
3. Prices and payments
- You agree to pay to AdScanIt the subscription fee in advance for the package that you have chosen and again on a recurring basis on the same day of each subsequent period until you cancel your subscription.
- All prices are exclusive of VAT or equivalent local sales tax.
- If payment is delayed we may suspend your account and stop providing our Service to you until payment is received.
- We review our prices at regular intervals and if we make any changes, we will inform you of the new prices on our website or by email. Price changes will only take effect 30 days after written notice from us. If you do not want to continue using our Services, you may cancel your subscription – see Terminating our Services (Section 9 below).
4. Account security
Here are some commitments you make to us about registering and maintaining the security of your account:
- You will not share your password or let anyone else access your account,
- You will ensure that your Account Information is complete, accurate and up to date
- You will not create an account for anyone other than yourself without permission
- If we disable your account, you will not create another one without our permission
- You will not transfer your account (including any account you administer on behalf of your organisation) to anyone without first getting our written permission
- We may remove or reclaim a username if we believe it is appropriate to do so. For instance, if it is offensive or misleading
- You are solely responsible for all acts, omissions and use of, including charges incurred with, your account. If you think that someone has unauthorised access to your password or account, please inform us immediately at email@example.com
5. Your Personal Information
6. Rights to your data
If we are using your data within our platform you retain copyright and any other rights you already hold in your data. You agree that AdScanIt may collect data about your AdWords accounts in order to catalogue, aggregate, analyse, interpret or evaluate such data and send SMS and Email alerts in the event of issues.
If you think your intellectual property rights have been violated through our Services, please send an email to us at firstname.lastname@example.org.
7. Your limited licence to use our Services
AdScanIt grants to you a limited, revocable, non-transferable, non-sub licensable and non-exclusive licence to use the platform and software provided to you as part of the Services, until your account is terminated. This licence is for the sole purpose of enabling your business to use the Services provided by AdScanIt in the manner permitted by these Terms.
You may not copy, modify, adapt, translate, distribute, sell or lease or create derivative works of any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.
Depending on the subscription level that you have paid for, you may: (i) use the analysis, reports and data available on our Services for your internal business purposes, including optimising and understanding your online marketing activities; and /or (ii) allow your customers to do the same.
You do not obtain any other right or interest in our Services, website, apps, software, related documentation, or assets.
8. Acceptable Use Policy
For everyone to enjoy being part of our trusted community, everyone must commit to the following rules:
- You must follow these Terms when you use our Services
- Your data must comply with all applicable laws, regulations, policies and industry guidelines
- You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory
- You will not impersonate any person or organisation, or falsely state your affiliation with a person or organisation
- You will not send or otherwise post unauthorised commercial communications (such as spam) on or through our Services
- You will not collect users' content or information, solicit login information or access an account belonging to someone else
- Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
- You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack
- You will not upload viruses or other malicious code
- You will not post content that is hateful, threatening, defamatory, harassing, pornographic, obscene, racist, incites violence, or contains graphic or gratuitous violence or is otherwise objectionable
- You will not engage in or encourage any other person to generate fraudulent impressions or clicks or downloads including but not limited to the use of robots or automated query tools or other software
- Do not remove, obscure or alter any legal notices displayed in or along with our Services.
- You will not facilitate or encourage any violations of these Terms.
We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.
9. Terminating our Service
Although we will be sorry to see you go, you can stop using our Services at any time by giving us notice in writing. We will stop providing our Services to you at the end of the agreed notice period or at the end of your current subscription if not renewed. If you terminate our Services any unused credit will be lost unless agreed prior to termination.
We may suspend or close your account, with or without giving notice to you. We may do this for these reasons:
- If you break these Terms or are in breach of an obligation to us
- Your subscription payment cannot be collected
- We discontinue our Service or part of it
- Unexpected technical or security problems
- Unavailability or inaccessibility of data
Where we can, we will provide advance notice to you.
10. Modifying our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
Occasionally, we may have to:
- interrupt the service; if we do so, we will restore it as quickly as we can
- make changes to certain technical specifications and product features
In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services. If we discontinue a Service, where reasonably possible, we will give you advance notice.
11. Advertisements on our Services
We may display advertisements on our Services, some of which may be paid for by other companies. Your dealings with any advertisers, including payment or delivery of goods or services, are solely between you and that advertiser. To the fullest extent permitted by applicable law, we are not responsible for any loss or damage of any kind resulting from these dealings.
12. Intellectual Property Rights
AdScanIt’s Intellectual Property Rights
Branding, trademarks, service marks, logos and content (other than data that belongs to you) used in our Services belong to AdScanIt or other persons. These Terms do not grant to you the right to use them.
Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than data that belongs to you) that you access.
Other people’s rights, information and content
We respect other people's rights, and we ask you to do the same. Please do not post content or take any action using our Services that infringes or violates someone else's rights or otherwise violates the law.
You may not use content from our Services other than in accordance with these Terms (unless otherwise permitted by law). If you wish to use content from our Services for any other purpose, please obtain permission from us / the content’s owner. Our Services display some content that is not AdScanIt’s. This content is the sole responsibility of the entity that makes it available.
If you see something that you think is an issue, and want to notify us, please send an email to us at email@example.com.
13. AdScanIt’s obligations
Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose your information.
AdScanIt is not required to monitor content or communications and therefore we cannot guarantee that our Services are free of illegal material or other content that may be considered unacceptable. When it comes to our attention, we may review content to determine whether it is illegal or violates our Terms, and we may remove or refuse to display it. In serious instances of abuse we may also notify the police or relevant law enforcement agency.
14. What AdScanIt is responsible and not responsible for
- We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Whilst we make every effort to ensure that the information displayed on our website and app is accurate and up to date, we do not guarantee the accuracy of all the information we provide. If you inform us of any inaccuracies on our Services, we will attempt to correct them as soon as we reasonably can.
- There are certain things that we do not promise about our Services. We cannot guarantee that our Services will never be faulty. We provide our Services “as is”. We provide data aggregation and analysis services and we cannot guarantee or control the content or quality of the data or availability of data to us. Other than as expressly set out in these Terms, neither AdScanIt, our subsidiaries nor affiliates make any specific promises about the Services. For example, we do not make any representations, warranties or other commitments about the specific functions of our Services, the content within our Services or their completeness, reliability, accuracy, appropriateness, availability or ability to meet your needs.
- Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality / merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
- We will not be responsible for any of the following events (including our own negligence) even if we have been advised of the possibility of such losses:
- economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data or software.
- We recommend that you consider obtaining insurance cover if you believe that you could experience anything that we have told you that we will not be responsible for.
- Nothing in this Agreement will prevent or limit either of our liability for:
- death or personal injury arising out of our negligence;
- any legally binding promise which is implied by law that we can provide the service to you or that you can use the Service without interference; or
- any other liability which cannot be excluded or limited under applicable law.
- Each party acknowledges that the allocation of risk and responsibility in these Terms is reasonable because it reflects:
- that it is not within our control how, and for what purposes, you use the Services;
- that we have not developed the Services specifically for you;
- that while we follow good industry practice, it is not economically possible for us to exhaustively test the software that supports the Services; and
- the amount of fees paid by you for the Services.
- To the extent permitted by law, our total liability of any kind including for breach of contract, tort (including negligence) or otherwise with respect to our Services, is limited to the amount that you paid to us to use our Services in the 6 months prior to the incident for which we are responsible.
- This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
15. Breaking our Terms
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you with or without notice, and you may lose your account and any payments you may have made to us. In all such cases, our agreement will come to an end.
Sometimes we may choose to ignore it if you break one of our terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
16. Your responsibility for misusing our Services
You will keep harmless, defend and indemnify AdScanIt, its subsidiaries, affiliates, officers, directors, employees, or agents against all claims, damages, losses, expenses and liabilities arising from any claims by any third party, in connection with your use or misuse of our Services.
17. Unsolicited information
If you submit any ideas, suggestions, proposals, or documents to AdScanIt (collectively, “Contributions” for short), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) AdScanIt is not under any obligation of confidentiality regarding these Contributions; (iii) AdScanIt may have something similar to the Contributions already in development or under consideration; (iv) AdScanIt may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of AdScanIt without any obligation of AdScanIt to you; and (vi) you are not entitled to any payment, compensation or reimbursement of any kind from AdScanIt under any circumstances.
18. Sorting out complaints and contacting each other
If you have a problem or complaint about our Services or its users, or just want to give us feedback, you may contact us by emailing firstname.lastname@example.org.
When we need to contact you with service announcements, administrative messages and other important information, we will use the contact information you provided (e.g. email address) or post them on our Services. You may not opt out from receiving these communications (unless you delete your account and stop using our Services).
19. Changing our Terms
We may from time to time update our Terms, for example due to ongoing improvement, other changes in our Services or changes to the laws that apply to us and you.
When we update our Terms, we will do our best to give you advance notice either by posting the change on our Services or contacting you directly. However, in some situations, such as where a change is needed to meet legal requirements, an update to our Terms may need to be effective immediately. You should look at these Terms regularly.
If you do not agree to any changes, you should discontinue your use of our Services. If you continue to use our Services after any update is announced, you will be considered to have agreed to these changes. Except for changes made by us as described here, no other changes to our Terms will be effective unless we both agree in writing.
20. What else do I need to know?
These Terms make up the entire agreement between us relating to our Services, and overrides any prior agreements. These Terms, our relationship and any non-contractual obligations arising out of or in connection with these Terms are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction to settle any dispute arising out of or in connection with these Terms, or any non-contractual obligation arising out of or in connection with these Terms.
You accept that this agreement for our Services is personal to you / your organisation and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another organisation provided this does not adversely affect your rights under our Terms.
Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the Services.
After these Terms come to an end, the provisions of these Terms, which by their nature extend beyond the termination, will survive termination of these Terms or termination of your use or access to all or any portion of our site.
No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
21. What does it mean?
‘Personal Information’ means anything that can be used to identify you, including information you give to us when you register and anything that we collect as you use our Services.
“Service” or “Services” means the products and services provided by AdScanIt, including our reports, websites, mobile applications, software and any other online or offline products or services on or via any platform or technology.
AdScanIt is operated by Aroxo Limited, a company registered in England, with registered office address at 3rd Floor, Clearwater House, 4-7 Manchester Street, London W1U 3AE.
Operating address: 60 Kingly Street, London W1B 5DS
Company Number: 5920795
VAT number: 918 4471 08
Date of Last Revision: 14/12/2015.