TERMS AND CONDITIONS
1.0 GENERAL

‍1.1. These terms of use (“Terms”) always apply, unless otherwise agreed in writing, between company no. 559144-6934 (“Ads360.io”) and the customer of Ads360.io’s services (“Customer”), with regard to Ads360.io’s platform and related additional services (the “Services”). Ads360.io and the Customer are referred to below jointly as the “Parties” and individually as “Party”. The terms and agreements entered into between the Parties regarding the Services are collectively referred to below as the “Agreement”.

1.2. Ads360.io only approves Customers who are legal entities.

1.3. The agreement is entered into when the Customer orders the Services at https://ads360.io and accepts the Terms.

1.4. Ads360.io has the right to change the Terms and Conditions at any time, without obtaining the Customer’s approval in advance. An updated version of the Terms and Conditions will be made available to the Customer upon change and will enter into force between the Parties as of the time that appears in such updated version. If the Customer uses the Services after such time, the Customer is deemed to have accepted the new Terms.

2. THE SERVICES

‍2.1. Ads360.io has the right at any time, without prior notice, to change the design of the Services and its functions, as well as the manner in which the Services are provided. Ads360.io further has the right to implement updates, develop, improve and modify the Services to the extent that Ads360.io deems necessary or appropriate. Such changes may result in some of the Services’ functions being changed, discontinued or added.

2.2. In the event that Ads360.io offers new services or updated versions of the platform, these shall, as a basic rule, unless otherwise expressly stated, be counted as Services and covered by the Terms and Conditions.

2.3. Ads360.io provides support for Customers via the email hello@ads360.io

2.4 By using the Services, the Customer agrees to receive marketing email from Ads360.io.

3. SUBSCRIPTION

‍3.1. The services are usually offered in subscription form with a start-up fee. All subscription packages are paid monthly/weekly and are automatically extended in accordance with the commitment period chosen by the Customer. The start-up fee for different packages are paid before the subscription starts. 

3.2. Commitment period can be changed by the Customer at any time during the current commitment period and the change comes into effect after the end of the current commitment period.

3.3. Termination of subscription must be done by an active choice before the current commitment period expires. Subscriptions that are not canceled within the stated cancellation period are extended on the same terms as before.Termination can only be done in writing to hello@ads360.io by including the URL, Company name and sent by the registered contact person of the company at Ads360.io.

3.4. Ads360.io has the right to terminate the Customer’s subscription prematurely with immediate effect. This also includes occasions as; the Customer fails to pay, violates the Agreement, is declared bankrupt, liquidated or becomes the subject of a composition or similar procedure, or if there is a risk of such a procedure. The start-up fee will not be refunded on those occasions.

4. FEES

4.1. Fees for Ads360.io’s services are paid in accordance with the price list in force at any given time. Upon the Customer’s payment, the binding period selected by the Customer is activated immediately. The weekly fee is affected by the generated revenue of Ads360.io.

4.2. Definition of “generated revenue”
Ads360.io will mark/tag all traffic generated from advertising platforms as Google Ads, Facebook/Instagram Ads using UTM-parameters.

4.3. How the monthly fee is being calculated when using a comission based service. 

  1. When a new order is placed by a customer of Ads360.io’s customer in the e-commerce platform of Ads360.io’s customer, Ads360.io will extract the UTM-tags of the order.
  2. If the UTM-tag matches the ones Ads360.io used when advertising, the order will be defined as generated by Ads360.io. If the customer placing the order at a later stage chooses to return the order this will not affect the commission paid to Ads360.io. 
  3. Ads360.io will extract the total revenue the end customer paid (Ads360.io’s customer’s customer) (including VAT, shipping and other fees) from the customer’s e-commerce platform together with the currency of the order. 
  4. The total revenue will be converted into USD with the exchange-rate from Google Finance (https://www.google.com/finance/) or the exchange-rate from Shopify gathered at the time of the order (+-1h) + a currency conversion fee of +2%. This amount will be multiplied with the commission rate in the Agreement. If the base currency in the customer’s shop is USD no conversion fee will apply.Example:
    An order of 50 EUR including shipping, tax and fees is placed in the customer’s e-commerce platform. The conversion-rate of EUR-to-USD at the time was 1.03. The commission-fee in the contract was 10% of generated revenue.

    Ads360.io’s total commission will then be calculated as: 50*1,03*1,02*0,10=5.253 USD
  5. The total monthly fee charged by Ads360.io will be the sum of all commission-fees during that month. Example: If Ads360.io had generated 3 orders of 50 EUR with the calculation example (in 4.) above, then the total fee charged from the customer had been: 5.253+5.253+5.253=15.759 USD.

4.4. When is the fee for the service charged the customer
Ads360.io can choose to charge the customer once a month, or several times a month depending on volumes of generated orders. 

4.5 How is the customer being charged the service-fees of the service
The customer will register using a debit or credit card when signing up for the service. From this card Ads360.io will charge the fees together with a report of generated orders.

4.6 In the event of failed charging of the customer’s debit/credit card
If the customer’s registered card failed to be charged by Ads360.io repeatedly, Ads360.io has the right to charge the customer for the costs incurred.

4.7 Dispute debit/credit card charges from Ads360.io
The customer agrees that it will not dispute charges from Ads360.io with its financial institution before contacting Ads360.io to find a solution regarding the charge. If this happens before trying to solve the question or problem with Ads360.io the customer agrees to pay for the fees Ads360.io was charged from the financial institution based on a wrongly disputed debit/credit card charge.

5. TRANSFER OF SUBSCRIPTIONS

5.1. The customer can not transfer subscriptions for Ads360.io’s services to other companies.

6. Ads360.io’s RESPONSIBILITY

6.1. Ads360.io exercises no control over the transactions that take place on the e-commerce sites of the Customer. Ads360.io is therefore not responsible for direct or indirect damages and financial losses due to errors, delays, imperfections, interruptions, non-delivery in the form of data, lack of availability or similar circumstances or events in connection with transactions on behalf of the Customer.

6.2. Ads360.io cannot guarantee that AdSpend (marketing budget) used on marketing platforms such as Google Ads, Meta (Facebook/Instagram) or similar will generate orders in the customer’s e-commerce store. Ads360.io can never be held responsible for not generating orders. 

6.3. Ads360.io cannot guarantee that the Services will function flawlessly and without interruption. The services may be disrupted by factors and circumstances (e.g. technical disturbances, errors in the Customer’s digital device or network, viruses) that are beyond Ads360.io’s control and for which Ads360.io cannot be held responsible. Ads360.io is also not responsible for interruptions or errors caused by third-party systems.

6.4. Orders generated from Ads360.io’s services are always the responsibility of the Customer. This regardless of external circumstances, such as, but not limited to, interruptions or technical defects.

6.5. Ads360.io takes no credit risk or responsibility for purchases made by consumers or other types of end customers in the Customer’s e-commerce store.

6.6. Ads360.io reserves the right, when this is called for with regard to maintenance, technical or security reasons, to take measures that may temporarily affect the availability of the Services. In special cases, when the use of the Services risks seriously damaging Ads360.io, Ads360.io has the right to immediately block the Customer’s access to the Services. In the event that access to the Services is blocked or restricted in any way, the Customer must be notified of the measures as soon as possible.

6.7 Ads360.io handles all the Customer’s information as confidential. Ads360.io may, however, due to a court order, or corresponding authority decision, disclose confidential information to the relevant authorities. In the event of criminal suspicion against the Customer, Ads360.io may release information at the request of the criminal investigation authority or report the criminal suspicion to the criminal investigation authority and provide the authority with the necessary information for investigating the criminal suspicion. Ads360.io may also disclose the Customer’s information if this is necessary to protect Ads360.io’s rights vis-à-vis the Customer.

6.8. Credit card information is not stored in Ads360.io’s service, but is transferred directly to the payment systems connected to the Services. In specified payment systems, all sensitive information is stored in encrypted form.

7. RESPONSIBILITY OF THE CUSTOMER

7.1. The customer undertakes to follow Swedish and international legislation when using the Services.

7.2. The customer will always be responsible for paying AdSpend (money paid for ads to be visible on marketing platforms) used to marketing platforms such as Google Ads, Meta (Facebook/Instagram and similar). The AdSpend and the commission paid to Ads360.io are completely different.
– AdSpend=paid to marketing platforms.
– Commission for Ads360.io=paid to Ads360.io. 

7.3. The Customer undertakes to indemnify Ads360.io for damage, including indirect damage, that Ads360.io and its representatives suffer as a result of the Customer and the Customer’s customers’ use of the Services in violation of applicable laws and regulations. The same applies to technical abuse where the Customer or the Customer’s customers in or through the Services spread malware, viruses, trojans, spiders, etc.

7.4. The customer is personally responsible for all actions and all activities undertaken by him/her within the framework of the Services as well as for material that he makes available on or through the Services. The customer is responsible for ensuring that sensitive information such as login information, passwords and the like is handled without risk of unauthorized access. In the event that the Customer suspects or should suspect that an unauthorized person has gained access to the user account, the Customer is obliged to immediately take measures to limit access to the Services, and to immediately notify Ads360.io if this has occurred. The Customer accepts that Ads360.io is not responsible for unauthorized access to and misuse of the Services and for any consequences thereof, which are due to the Customer’s negligence.

7.5. The customer undertakes not to publish offensive material or material whose publication constitutes an infringement of third party rights. Ads360.io reserves the right to determine when material is to be considered offensive or infringing. Ads360.io has the right to refuse to enter into an agreement with the Customer or to immediately terminate the Customer’s subscription if the Customer published material of the aforementioned kind. The customer must further indemnify Ads360.io in the event that his use of the Services should result in liability for compensation for Ads360.io in relation to third parties.

8. DATA COLLECTION

8.1. Ads360.io uses cookies on the website https://ads360.io/ in accordance with the cookie policy available on the page. Ads360.io uses cookies to improve visitors’ user experience, collect statistics on the number of visitors to the website and to obtain information about how the website is used. This information enables Ads360.io to develop and optimize the website. By using the Ads360.io e-commerce platform, the Customer (and the Customer’s customers) accepts the use of cookies on the website in accordance with Ads360.io’s cookie policy.

9. PERSONAL DATA MANAGEMENT

9.1. By accepting the Terms and Conditions, the Customer also accepts Ads360.io’s personal data processing agreement regarding Ads360.io’s handling of personal data on behalf of the Customer. The personal data service agreement is an integral part of the Terms and is attached as Appendix 1 (this is signed separately when signing up for the service).

9.2. The customer is personally responsible for consent or other legal basis for their customer and Ads360.io’s processing of personal data in connection with the customer’s use of the Services.

10. RIGHT OF WITHDRAWAL/REFUND

10.1. The start-up fee or monthly fees will not be refunded if the service is terminated.

10.2 Refunds are not accepted for our conversion rate optimisation checklists and similar products. 

10.3 If the customer of the customer to Ads360.io (the end customer placing orders in Ads360.io’s customers’s e-commerce stores) chooses to refund their order this will not affect the commision the customer is being charged from Ads360.io.

11. FORCE MAJEURE

11.1. Ads360.io shall be exempt from damages and other penalties if the fulfillment of the Agreement is prevented or made difficult by any circumstance, such as e.g. war, government intervention, pandemic, bans, restrictions, accidents, adverse weather conditions, non-delivery from subcontractors or the like.

12. INTELLECTUAL RIGHTS

12.1. Ads360.io exclusively owns all rights, including intellectual property rights, to the Services, including but not limited to rights relating to brand, company name, design, text, software, etc., with the exception of certain rights owned by Ads360.io’s licensors. Nothing in the Agreement shall be interpreted as transferring any of these rights in whole or in part to the Customer. Any copying, modification, transfer, licensing and/or other use of the Services is prohibited.

12.2. Intellectual rights – Data feed management & conversion tracking setup
When Ads360.io is onboarding the customer to the service a complete set-up of a data feed management tool and integration to services as Google Merchant Center is being set up and conversion tracking put in place at the customers e-commerce platform. This setup is the intellectual property of Ads360.io and Ads360.io has the right to tear it down if the service is terminated. 

12.3. Intellectual rights – Campaign setup in Google Ads/Facebook Ads or similar
When Ads360.io is working with the customer, campaign structure, scripts and setups are being built in the marketing platforms. If the service is terminated, this is property of Ads360.io that Ads360.io has the right to delete this setup. The customer does not have the right to copy or use this setup without asking Ads360.io for a written agreement. 

12.4. Intellectual rights – Ads creation and content produced by Ads360.io
Creation of Ads, content (image and video ads) etc. is being created by Ads360.io when the customer is subscribed to the service. This content is intellectual property of Ads360.io and can not be copied by the customer without written permission from Ads360.io. If the service is terminated Ads360.io owns the right to delete the ads and content from the customer’s marketing platforms. 

12.5. The customer understands that unauthorized use of Ads360.io’s intellectual property rights constitutes a breach of contract and may otherwise constitute a criminal procedure. Ads360.io has the right to take legal action against the Customer in cases of such unauthorized use of Ads360.io’s intellectual property rights.

13. APPLICABLE LAW AND DISPUTES

13.1. The agreement between the Customer and Ads360.io is governed by Swedish law.

13.2. Disputes that arise due to the Agreement must be resolved by the Parties in the first instance by agreement. In the event that the parties cannot reach such an agreement within a reasonable time, the dispute can be referred to the General Complaints Board (hereinafter “ARN”), provided that ARN is authorized to hear the dispute. Otherwise, disputes must be settled by a general court with the Jönköping, Sweden district court as the first instance.