Public Offer Agreement

GENERAL PROVISIONS

This Agreement is a Public Offer Agreement of using Easy Visual advertising services (hereinafter referred to as "Agreement"). The terms of this Agreement are equal for all customers (individuals, legal entities, citizens associations, other subjects of the legal relationship) who use or intend to use Easy Visual advertising services.

By using Easy Visual service you confirm your compliance with the Terms of Agreement in full. If you disagree with the Terms of Agreement or any part of the Terms of Agreement, you must not use Easy Visual service.

You must agree with and accept all of the Terms of Agreement before starting to use Easy Visual service. We reserve the right to update and/or to change these Terms of Agreement or other conditions of using Easy Visual service at any time without prior notice. The current version of the Agreement is available on Easy Visual service web page. By using our services after changes in the Agreement, you confirm that you agree and accept these changes.

You can not use the Services if you have not reached the age when you can legally take on these legal obligations according to the Agreement, or you are prohibited or limited from receiving Easy Visual service under the laws of the country of your residence or the country where you are at the time of using the Services.

Definitions

Easy Visual, Service, Easy Visual Service, Application - web application that allows to place advertising campaigns.

The terms “us” or “we” or “our” refers to EASY VISUAL MARKETING LTD, Company number 11597127, Registered office address, Suite 13078 43 Bedford Street, London, England, WC2E 9HA.

The terms “Customer”, “you”, “User”, “Advertiser” refers to a) individual who has reached the age consent under the Law of the country of individual's residence and is over 18 years old, which are authorized for using Service b) entities which are incorporated and make deals under the Law of the country of their incorporation, which are authorized for using Service. Anyway, each Customer must have the full legal capacity.

Banner - an online advertisement in the form of a graphic image that appears on the user's smartphone screen after he unlocks the smartphone.

Budget - an amount at Service that Customer sets for each Campaign that could be increased by Customer.

Campaign - is a series of advertisement messages (banners in this case) that share a single idea and theme which make up an integrated marketing communication (IMC). Advertising campaigns include diverse media channels over a particular time frame and target identified audiences.

Campaign verification - the process when our support specialists checks if the campaign is admissible.

Content - all text, information, graphics, audio, video and/or other data that is used or/and offered in Service.

Viewer - the person who views banners after unlocking the own smartphone’s screen.

Views - the number of ad impressions that the user can see if he/she is registered and logged in the Banners App mobile app and the function of showing the banners is turned on.

Subject of the agreement

By using Easy Visual service Customer can effectively promote advertisement. Under this Agreement the advertising Services are effective due to the fact that an advertisement promoted by us is wishful and acceptable for viewing by Viewer as well as is displayed on Viewers’ smartphone screen (and other devices).Thus paying for campaign you pay only for real Views of advertisements by Viewers.

The Easy Visual aim is to provide Customers with the opportunity to conduct their campaigns which are viewed on Viewers' smartphone screens.

The Service allows Customers to create and edit their account, launch campaign, set target audience (interests, education, age, sex, wellness, location, marital status of Viewers etc.). By using Service Customers can also make a campaign's budget, edit or delete campaigns, view the list of Customer's campaigns and use other possible services.

In order to launch campaign Customers use their own banners which further are to be verified by us.

User Registration

Customers have to provide true and valid information about themselves. Customer cannot use the name of another person, the name that is offensive, caddish, or infringes someone’s intellectual property rights, or otherwise violates these Terms of Use. If Customer is a legal entity, their representative must have the valid legal authority to represent that entity. Each Customer may register only one account.

Customers are responsible for any activity on their account. Login and password are confidential information of Customers. If third party gets information about Customers’ account, only Customers are responsible for all possible consequences.

Only Customer is fully responsible for the content of their account. By using any information on your account and on Service you confirm that you have all necessary rights to use this information in such a way as well as do not violate the rights of the third party. By posting any information in Application, you agree that we can use this information. We will not become the owners of Customer’s content, but in that way, we have your permission to use it for our purposes.

It’ll be Customer’s responsibility to notify us immediately about any unauthorized access to Customer`s account or password or any other breach of security. If you ever find out or suspect that someone has access to your account without authorization, you are advised to inform us immediately. We are not responsible for any loss arising from any failure to comply with this Agreement.

If Customer registers using the Corporate-Based E-mail, the Customer is authorizing our Service to use the logo of the company mentioned at the post domain of above-mentioned email for marketing purposes.

Each User can delete their account at any time. The User who deleted they account can create a new one.

Cost of services and payment procedure

Services under this Agreement shall be made on the basis of prepayment. Services are remunerated by transferring funds to Easy Visual account by Client, including through payment systems (payment instruments). Payment is considered to be finished after receipt of funds (other means of payment) to the appropriate Easy Visual account.

For Clients in Ukraine the cost of services is estimated, in particular, in the national currency of Ukraine and is equivalent to 1 Cent USA (0,01 USD) according to the National Bank of Ukraine rate on the day of payment for each view of Client`s banner by Viewer.

For Clients in Ukraine the cost of one view is 0,01 USD (0,01 US dollar);
the cost is estimated by the following formula:
The cost of one view = basic ratio x GDP ratio - Discount for audience where:

  • Basic ratio is a basic ratio that equals 4;
  • GDP ratio is a ration derived from GDP. In Ukraine GDP ratio is 0,03;

Information about the tariffs for using the Service is also available on Service webpage https://easyvisual.com/.

The parties have agreed that, in accordance with this Agreement, the cost of one view shall not be less than 0,01 USD, unless otherwise stipulated by a separate agreement between Client and EasyVisual.

By making payments, Client does not buy the exclusive rights to display Banner (Banners) in Service. Procurement of EasyVisual services by one of the Clients does not limit the rights of other Clients to use EasyVisual services and does not prioritize the showing of one Client`s banners to others.

Customer is able to choose among several payment options offered by Service at Customer’s own discretion. Customer shall cover the costs of taxes, charges and/or transaction fee in our Service. This provision is also applicable in case when the validity of Campaign has expired or payment is made outside of our Service.

In case payment fails or is past due, EasyVisual reserves the right to pay arrears with Client`s funds available in EasyVisual including those paid for other Campaigns and/or with the help of other means of payment. Customer is also liable for all possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.

Use and protection of personal data

By providing us with private information, including but not limited to, in accordance with the procedure set out in article 4 of the Agreement, Customer agrees that EasyVisual can use this information for its own purposes.

EasyVisual undertakes to take all necessary measures to prevent third parties' unauthorized access as well as loss or damage of Customers (Customers) Data.

Responsibilities

The Customer’s Agreement exempts officials, directors, employees, agents and third parties related to this Application from any property and non-property claims, losses, expenses and obligations (including reasonable expenses for a lawyer) related to the use or impossibility of use of the Application by the Customer. We are also not responsible for the violation by the Customer or third parties of any provisions of the Agreement, violation of any rights of third parties, or violation of any applicable laws, rules or regulations.

We reserve the right, at our sole discretion, to take measures related to the protection or control of process related to any use of Service that requires compensation from Client. In this case, Client is committed to the full implementation and cooperation with EasyVisual representatives.

We reserve the exclusive right to delete or stop Client`s account at any time and without prior notice. In this case, we are not responsible for any Client`s losses resulted from the deletion or stopping Client`s account.

Using EasyVisual Service, Users comply that Banners and/or Campaign provided by them may be declared inadmissible as the results of the verification process without any additional explanation or justification from us. In this case we are not responsible for any Client`s costs and losses inherent in a decision arrived from the verification procedure.

Intellectual Property Rights

You are granted limited license only for purposes of viewing the material contained on this Application.

As a condition of your use of the Application, you warrant to us that you will not use the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Application in any manner, which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

All content included as part of the Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Application, is our property or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Customers agree to observe and be abided by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Application. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the our intellectual property or our licensors except as expressly authorized by these Terms.

Copying, reproducing or making available to the public in other way all Content or any part of the Content is strictly prohibited. Nobody can copy, collect, store, use and/or transmit the information (texts, photos, videos, etc) from the this Service. None else, except us and definite Customer, may use the information, given by that definite Customer in their accounts.

Restrictions and obligations

User is prohibited from:

  • publishing any materials of the Application on any other media;
  • selling/using the materials of the Application for commercial purposes;
  • publicly displaying and/or showing any materials of the Application;
  • using this Application in a way that may be damaging to this Application;
  • using this Application contrary to legislation or in any way that may be damaging to the Application or to any person or entity;
  • engaging in any data collection, data retrieval or any other similar activity in relation to this Application;
  • using this Application for any advertising or marketing purposes without our consent.

Using EasyVisual, the User agrees that we may, at our discretion, restrict the User's access to certain functions of this Application or the Application as a whole at any time. The User undertakes to comply with all the applicable local, national and international laws and regulations with respect to your use of the Application and not interfere with the use and management of the Application by other persons.

Only the User is solely responsible for compliance with local laws. By agreeing to these Terms, Users confirm that they will not make claims to the owners of the Application, manufacturers/developers or the like.

Guaranties

With this Agreement, we guarantee Customer that our aim is to do everything possible to ensure the proper and effective use of the Application in order to achieve his/her goals.

In any case, we do not provide any guarantees of compliance with the Customer's intellectual property rights, possible violations of the Customer's rights by third parties and the results of using the application in accordance with his/her objectives. We are not responsible for the content of the service and the possible harm caused by the content. We also deny any warranty that

  • a) the Application will always be uninterrupted, secure, or error-free;
  • b) the results obtained from the use of the Application will be effective, expected, or reliable;
  • c) all the errors or defects of the Application will be fixed;
  • d) the level of the Application will meet your expectations.
Ceasing and terms

These Terms are valid until the Customer’s account will cease. Every Customer may terminate own Customer's account at any time. Customer, who has terminated their accounts, may open new one anytime in future.

We reserves the exclusive right to delete or to stop Customer’s account at any time, for any reason, and without advance notice. In that case we are not responsible for any possible Customer’s losses.

Limitations of liabilities

Except as provided in the Terms of Use, we are not liable to the User or third parties for any claimed loss of benefit, loss of data, reputation, income, profit and any direct or indirect losses and/or punitive damages regardless of the cause. These provisions also apply in case we have been informed of the possibility of such losses or damages.

We are also not responsible for all dues, taxes and fees of Customer, availability of special permits and licenses related to usage of this Application according to law of the User's country of residence or any other country.

Arbitration, choice of law and venue

To the extent permitted by applicable statutory consumer rights, the terms of this Agreement are governed by the law of the United Kingdom of Great Britain and Northern Ireland.

Disputes arising under this Agreement shall be resolved in accordance with regulatory and legal instruments by the courts of England and Wales.

Contact information

For more information and suggestions on the Terms of Use, contact our support team at support@easyvisual.com.