Terms of Use and Advertiser Agreement

Legal notice

This website remoby.com and the Remoby advertising Platform are operated by:
REMOBY LTD
28 Oktovriou, 367, Mediterranean Court, 1st Floor, Office A5,
3107, Limassol, Cyprus
Company registration number: HE419638 remoby.com
These Terms of Use and Advertiser Agreement (collectively, the “Terms”) govern:

• your general use of the Website; and
• your participation as an advertiser or other business user in the Remoby Platform (the “Service”).

By accessing the Website or by creating an account, you agree to be bound by these Terms. If you do not agree, you must not use the Website or the Service.

1. Definitions

In these Terms:

• “Account” means the online account you create on the Platform to manage campaigns and/or monetization.
• “Advertiser” or “you” means any person or entity using the Service to run advertising campaigns or otherwise buy traffic.
• “Content” means any creative materials, text, images, video, audio, code, URLs, tracking tags or other content that you provide in connection with your campaigns.
• “Platform” or “Service” means the Remoby ad network, including any SSP, APIs, interfaces, tools, dashboards and related services provided by Remoby.
• “Publisher” means any person or entity that provides ad inventory or traffic via the Platform.
• “Remoby Inventory” means websites, mobile apps, in-app placements or other digital properties on which ads may be served through the Platform.

2. Eligibility and account registration

1. To use the Service, you must:

• be at least 18 years old;
• have the full legal capacity to enter into binding contracts;
• use the Service only for business or professional purposes .

2. You must provide accurate, complete and current information during registration and keep it up to date.

3. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your Account. You must inform us immediately of any unauthorised use or security breach.

3. The Service

1. Remoby provides an online Platform that enables Advertisers to launch, manage and optimise digital advertising campaigns across Remoby Inventory and partner supply sources.

• While Remoby provides tools, optimisation and access to inventory, you remain solely responsible for your campaigns, including:
• selection of targeting, bids and budgets;
• selection and compliance of Content and landing pages;
• compliance with all applicable laws, regulations and industry standards.

2. Remoby may at any time modify, suspend or discontinue any part of the Service, including changing available formats, features, pricing models or technical requirements. We will use reasonable efforts to notify you of material changes that affect your existing campaigns.

3. Remoby may at any time modify, suspend or discontinue any part of the Service, including changing available formats, features, pricing models or technical requirements. We will use reasonable efforts to notify you of material changes that affect your existing campaigns.

4. Campaigns, content and positioning

1. You are responsible for ensuring that your Content and landing pages:

• comply with these Terms, applicable laws and any policies communicated by Remoby;
• do not infringe any third-party rights (including intellectual property and privacy rights);
• are not misleading, harmful, offensive, defamatory, hateful, violent, discriminatory, or otherwise inappropriate;
• do not promote illegal products, services or activities.

2. Remoby does not guarantee any particular ad position, volume of impressions, clicks, conversions, revenue or performance.

3. We may, at our sole discretion, limit or adjust campaign delivery, pacing, targeting, bids and placements in order to protect traffic quality, user experience and our relationships with publishers and partners.

4. We reserve the right to reject, suspend or remove any campaign, Content or account at our discretion, including for actual or suspected non-compliance, low quality, fraud risk or negative impact on the Platform.

5. Fees, payment and balance

1. Unless otherwise agreed in writing, the Service operates on a pre-payment basis. You must fund your Account in advance via the payment methods supported on the Platform.

2. You authorise Remoby and our payment providers to charge your selected payment method for the amounts you choose to deposit, as well as for any fees or charges associated with the use of that payment method.

3. Campaign costs are calculated based on the metrics, prices and attribution models available on the Platform (e.g. CPM, CPC, CPA). Our reporting and measurement systems shall be decisive for billing purposes, unless you can demonstrate a clear error.

4. All fees are quoted and payable in the currency displayed in your Account, exclusive of any applicable taxes, including but not limited to withholding taxes. You are responsible for any bank fees, currency conversion charges and similar costs.

5. Refunds:

• As a rule, deposits are non-refundable and can only be used for purchasing traffic via the Service.
• In exceptional cases, Remoby may consider refund requests for unused balances, subject to our internal review and provided there is no breach of these Terms. Remoby is under no obligation to approve a refund.

6. We may suspend or terminate your campaigns and/or Account if any payment is reversed, rejected or considered high risk, or if we suspect abusive or fraudulent activity.

6. Prohibited activity and invalid traffic

1. You must not, directly or indirectly:

• generate artificial impressions, clicks, installs, conversions or other events by any automated means (bots, scripts, click farms, etc.) or by incentivised methods that are not clearly disclosed and accepted by Remoby;
• manipulate tracking, attribution or reporting;
• engage in any activity that constitutes click-fraud, ad-fraud or any similar practice.

2. If Remoby reasonably believes that any portion of your traffic or conversions is invalid, fraudulent or non-compliant, we may:

• exclude such activity from billing;
• withhold corresponding amounts from your Account balance;
• adjust, reverse or cancel invoices; and/or
• suspend or terminate your campaigns or Account.

3. Our determination of invalid activity shall be made in good faith based on industry standards, our logs and reasonable investigation, and shall be binding in the absence of manifest error.

7. Data protection

1. Each party shall comply with applicable data protection laws, including the GDPR where it applies.

2. In connection with the Platform, the parties may act as independent controllers and/or processors of certain personal data. The specific roles and responsibilities may be further described in separate data protection documentation (such as a Data Processing Agreement) where required by law.

3. You are responsible for:

• providing all necessary information and obtaining all necessary consents from end users under applicable data protection laws (including for cookies and similar technologies);
• honouring end users’ rights and preferences;
• ensuring your use of the Platform complies with your privacy notices and obligations.

4. For more details on how Remoby processes personal data, please refer to our Privacy Policy.

8. Intellectual property

1. All intellectual property rights in and to the Platform, including software, interfaces, design, logos, documentation, and any improvements thereto, are owned by or licensed to Remoby. You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform solely in accordance with these Terms.

2. You retain all rights in your Content. You grant Remoby a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify (e.g. for technical reasons), distribute and display your Content as necessary to provide the Service, comply with law and enforce these Terms.

3. You represent and warrant that you have all necessary rights and permissions to grant this licence and to use the Content via the Platform.

9. Confidentiality

1. Each party may receive non-public, confidential information from the other party in connection with the Service. “Confidential Information” includes technical, commercial and financial information, business plans, performance data and any information identified as confidential or that should reasonably be understood as such.

2. Each party agrees to:

• use the other party’s Confidential Information solely for the purpose of performing its obligations under these Terms;
• protect such information with at least the same degree of care it uses for its own confidential information (and in any case a reasonable level of care);
• not disclose such information to any third party, except to employees, contractors or advisers who need to know it and are bound by confidentiality obligations.

3. The obligations in this section do not apply to information that:

• is or becomes publicly available without breach of these Terms;
• was lawfully known to the receiving party before disclosure;
• is lawfully received from a third party without confidentiality obligations; or
• must be disclosed by law or court order (in which case, the receiving party will, where legally permitted, provide prior notice).

10. Disclaimer of warranties

1. The Website, Platform and Service are provided on an “as is” and “as available” basis

2. To the maximum extent permitted by law, Remoby disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free, secure or free from harmful components

3. Any advice or information obtained from Remoby does not create any warranty not expressly stated in these Terms.

11. Limitation of liability

1. To the maximum extent permitted by applicable law, Remoby and its officers, employees, agents and affiliates shall not be liable for:

• any indirect, incidental, consequential, special, punitive or exemplary damages;
• loss of profits, revenue, business, goodwill, data or anticipated savings;
• any loss or damage arising from:
• your use of or inability to use the Service;
• any Content, traffic or third-party services;
• unauthorised access to or alteration of your data;
• any statements or conduct of third parties.

2. Remoby’s total aggregate liability arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the total amount of fees paid by you to Remoby for the Service during the three (3) months immediately preceding the event giving rise to the claim.

3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (such as liability for fraud or for death or personal injury caused by negligence).

12. Indemnity

You agree to indemnify, defend and hold harmless Remoby and its officers, employees and affiliates from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Website or Service;
• your Content or campaigns;
• your breach of these Terms or any applicable law;
• any claim that your use of the Service violates any third-party rights

13. Term, suspension and termination

1. These Terms take effect when you first access the Website or create an Account and remain in force until terminated by either party in accordance with this section.

2. Provided that there have been no violations of these Terms on your part, You may stop using the Service at any time and, and if applicable, close your Account. Outstanding payment obligations and any surviving provisions of these Terms remain in effect.

3. Remoby may suspend or terminate your Account or access to the Service, in whole or in part, with or without notice, if:

• you breach these Terms or any applicable Remoby policy;
• we are required to do so by law or by a competent authority;
• your activity presents a risk of fraud, security issues, legal exposure or harm to the Platform, publishers or other partners; or
• you have not logged in or used the Service for an extended period.

4. Upon termination:

• your right to access the Service will cease;
• we may deactivate or delete your Account and associated data, subject to our legal retention obligations;
• we may offset any amounts due to us against any remaining balance in your Account.

14. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law rules.

The courts of Cyprus shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms, subject to any mandatory provisions of applicable law.

15. Changes to the Terms

We may amend these Terms from time to time, for example to reflect changes in our services, legal requirements or industry best practices. The updated Terms will be posted on the Website with an updated “Last updated” date

If you continue to use the Service after the new Terms become effective, you will be deemed to have accepted them. If you do not agree, you must stop using the Service and, where applicable, close your Account