Advertising Terms and Conditions
1. Definitions: The following definitions apply to these Advertising Terms and Conditions of the Platform MissedYou:
- Account: The account of the Advertiser.
- Advertiser(s): The natural person or legal entity whose advertisements are placed on the MissedYou platform via Google Ads. The owner and rights holder of the Platform MissedYou is App to Go B.V., a private limited company incorporated under Dutch law, with its registered office at Johannes Verhulststraat 136 H (1071 NN) Amsterdam, and registered with the Chamber of Commerce under number 93181043 (hereinafter referred to as "we," "us," or "our").
- Advertisement: The advertisement provided by the Advertiser for placement on or for the benefit of a campaign on the Platform MissedYou.
- Content: The content of Advertisements, such as photos, images, text, data, videos, links, or other text and/or graphical elements, which are provided by the Advertiser through the Platform or made available for publication.
2. Use of Content: App To Go B.V. will not use the Content for purposes other than the placement of Advertisements without the Advertiser’s consent.
3. Submission of Content: The Advertiser will upload Content to the Google Ads platform in accordance with the technical requirements (such as file type) and quality standards (such as file size) specified as requested in line with the Google Ads conditions and these Advertisement Terms and Conditions.
4. Prohibited Content: The Advertiser shall not submit Content that contains malware, spyware, unwanted software, or other harmful code, or attempt to bypass or damage the security measures of the Platform MissedYou.
5. Access to the Platform: The Advertiser will have access to the Platform Missed You only as long as authorization is granted by App To Go B.V. Authorization may be revoked by App To Go B.V. if the Advertiser violates these Advertising Terms or other contractual agreements, or for any other reason deemed appropriate by App To Go B.V., without prejudice to other legal or contractual claims for termination, cancellation, or damages. App to Go B.V. will notify the Advertiser in case of revocation, providing the reasons for such action.
7. Advertiser Responsibility: The Advertiser is fully responsible and liable for the Content of its Advertisements. App To Go B.V. may review the Content, and the Advertiser guarantees that all Content complies with applicable laws and does not infringe on the rights of users or third parties. The Advertiser ensures that:
- Advertisements comply with advertising laws, including regulations on unfair trade practices, misleading and comparative advertising, distance selling, and applicable advertising codes.
- Advertisements do not infringe on third-party intellectual property rights, including copyrights, trademark rights, trade name rights, and design rights.
- Advertisements comply with media laws, including the Dutch Media Act.
- Advertisements comply with gambling laws, including the Dutch Betting and Gaming Act.
- Advertisements comply with alcohol laws, including the Dutch Alcohol Act and the Advertising Code for Alcoholic Beverages.
8. Cost of Advertisement: The costs of the Advertisement campaign will be based on the applicable criteria specified in Google Ads (e.g., based on clicks, impressions, conversions, or other objectives).
9. Advertisement Suspension: An Advertisement may be paused at any time free of charge by the Advertiser. However, cancellation is no longer possible once the Advertisement is paused, and costs will be due. In cases of direct deals or similar agreements, cancellation fees may apply.
10. Prohibited Conduct: The Advertiser shall refrain from the following when using the Google Ads platform:
- Uploading or transmitting Content that promotes violence or contains violent material.
- Uploading or transmitting Content that is unlawful, defamatory, offensive, obscene, pornographic, indecent, immoral, harmful, invasive of privacy or publicity rights, or otherwise objectionable.
- Uploading or transmitting Content that promotes discrimination or practices based on race, gender, religion, nationality, sexual orientation, or age.
- Offering or promoting fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes).
- Using the Platform MissedYou to deceive or defraud Advertisers or third parties.
- Misusing login credentials.
- Falsely representing another person or entity, including email spoofing.
11. Measures for Violations: In case of a violation of these terms, App To Go B.V. reserves the right to take any measures deemed necessary to mitigate or prevent such violations, including suspending or permanently terminating the Advertiser’s Account.
12. Indemnification: The Advertiser indemnifies App to Go B.V. (the Platform MissedYou) and its licensors against all damages, including legal fees, arising from the breach of these terms and/or intellectual property rights of the Platform MissedYou or underlying software, including claims by third parties due to violations of these terms.
13. Platform Use: The Advertiser agrees to use the Platform MissedYou and underlying software solely for legitimate advertisement placement requests, as described in these Advertisement terms and conditions and the Google Ads terms.
14. Platform Availability: App To Go B.V. does not guarantee that the Platform MissedYou will be available or operate without interruption. The Platform MissedYou is provided on an "as is" basis, and App To Go B.V. is not obligated to continue offering the platform or maintain all its functionalities.
15. Privacy Policy: The Advertiser acknowledges that the [Privacy Policy of the Platform MissedYou] is part of these terms and applies to the use of MissedYou and the underlying software.
16. Governing Law: These Advertising Terms and Conditions are governed by Dutch law. In case of disputes arising from these terms, the courts in Amsterdam will have exclusive jurisdiction.
17. Inquiries: If you have any questions regarding these terms, please contact support@missedyou.nl