These Terms form a pivotal part of the agreement which governs the use of the service provided by Filed.
2.1 The Service can be used to create, manage and optimize advertising campaigns on Facebook. 2.2 The Service is designed to help the Customer in creating, managing and optimizing its advertising campaigns. It is the Customers responsibility to ensure the results of the Service meet the Customers requirements and expectations. 2.3 The Service and Facebook is constantly being updated and therefore the Service may change without notice. Filed will inform the Customer of major changes where appropriate. 2.4 Filed can provide assistance to the Customer upon request. If required, the Customer must allow Filed to access the necessary information to the best of its ability. Filed can also modify the Customer’s advertising campaigns and other settings based on mutually agreed instructions. 2.5 It is the Customers responsibility to obtain telecommunication data connections, subscriptions or capacity, hardware or other equipment, or security systems as part of the Service. 2.6 The Customer must not use the Service against Facebooks Terms or for any unlawful purposes. 2.7 The Customer is responsible for complying with all laws and regulations applicable to Customer’s advertising campaigns conducted using the Service.
- Registration and trial period
3.1 The Customer shall register on http://app.filed.com before using the Service. The Customer shall register the Ad Accounts and sign up to Facebook in connection with which the Customer wishes to use the Service. Filed shall confirm Customer’s registration after having received registration. 3.2 The Service is subject to a 30 day trial period. During this period the Service is free of charge unless specified by Filed. The trial period starts on the first day the Service is used by the Customer.
- Delivery Policy
4.1 Account activation will be immediate upon request. 4.2 Order processing takes typically 1-5 mins however, some processes may take as few as 1 min and some may take up to 4 hrs.
- Rights of Use and Proprietary Rights
5.1 Filed grants the Customer a non-exclusive, non-transferable limited right to access and use the Service, against due payment of the agreed fees, solely in connection with the registered predefined Ad Accounts in Facebook. 5.2 Customers shall not i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means; ii) access all or any part of the Service in order to build a product or service or feature which competes with the Service; iii) attempt to obtain, or assist third parties in obtaining, unauthorised access to the Service; iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise make the Service available to any unauthorised third party; or v) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Filed Software (except and only to the extent any foregoing restriction is prohibited by applicable law). 5.3 The Customer agrees that all intellectual property rights to the Service and any data, documentation, images and/or Filed Software related thereto are owned and remain vested in Filed. 5.4 If a Customer suggests improvements to the Service the Customer agrees that all suggestions are fully assigned to Filed.
6.1 Filed’s fee is a defined percentage of Customer’s Advertising Spend per Ad Account(s) with the aforesaid percentage and the monthly minimum fee defined in publicly available price list at http://Filed/pricing. The fee will be calculated and invoiced after each calendar month based on the actual Advertising Spend. A monthly minimum fee is charged for the first month if the Customer’s free trial period had expired before the end of the calendar month and the Customer continued to use the Service after the trial period. 6.2 If the Agreement is terminated for the last month of use, at least a monthly minimum fee is charged if the Agreement had terminated before end of the calendar month. 6.3 Filed may change the fees upon 30 days prior notice. The change shall not affect the fees for invoicing periods commenced before the effective date of the change. In case of a price change the Customer may terminate the Service by notifying Filed thereof in writing at least 14 days before the effective date of the change. 6.4 The Service is invoiced monthly via credit card or invoice, depending on the payment method chosen by the Customer. The payment is 14 days from the date of invoice. 6.5 The fees are exclusive of VAT and any other governmental taxes and levies.
- Indemnification and Limitation of liability
9.1 Each party shall keep in confidence all material and information received from the other party which has been marked as confidential. The confidentiality and non-use obligations shall not, however, be applied to material and information, (a) which is generally available to the public; or (b) which the party has received from a third party without any obligation of confidentiality; or (c) which a party has developed without using material or information received from the other party. 9.2 Filed may collect information to assist with market research and analysis, quality control, product development/improvement and to provide support and maintenance services. Filed may use or store such information as long as it does not identify any individual or company. 9.3 Each party shall promptly upon termination of the Service stop using confidential information received from the other party unless agreed by both parties. Each party may retain copies required by law or regulations. 9.4 The confidentiality obligations will remain in force for five (5) years from the disclosure of each respective confidential material and/or information.
- Term and termination
10.1 Customer may terminate the Agreement at any time prior to the anniversary of the month. If this is done Filed shall send the customer written confirmation regarding termination. Upon termination Filed will stop charging the Customer. However, at least a monthly minimum fee is charged if the Agreement had terminated before end of the calendar month. 10.2 Filed may terminate the Agreement and the use of the Service upon 30 days prior written notice. 10.3 Filed may terminate this Agreement and the Customer’s use of the Service with immediate effect, if the Customer is in breach of its obligations and fails to remedy such breach within 14 days. 10.4 Upon expiration or termination of this Agreement, the Customer is obliged to cease the use of the Service and shall return or, upon Filed’s request, destroy Filed’s material. This must then be confirmed in writing once completed by the Customer.
- Processing of data
11.1 The Customer agrees that it is Customer’s responsibility to comply with all privacy and data processing laws, regulations and terms applicable for the purposes of the Service regardless of the country/state in which the Customer is based. The above mentioned includes, but is not limited to, complying with terms and restrictions related to Customer’s use of customer/contact databases and complying with any applicable privacy policies and cookie opt-in policies.
- Applicable law and dispute resolution
- General Provisions