Assertive Yield

Terms of Service

Use of Service

By using our service, you declare that you have the applicable rights to integrate the affected websites. Furthermore you warrant that the affected website and its content does not violate any applicable law. In addition you warrant the use of the product within the following Fair Use definition. The use of our service is governed by these Terms, by using our service you agree to be bound by these Terms.

Prohibited Actions & Fair Use

It is prohibited to violate any applicable law or any rights of others by using our service.
Furthermore it is prohibited to damage the system and to hinder other users and/or cause them damage.

Among other things, you will not, and will not allow any third party, to:

  • Perform any unintended actions (e.g. monitoring or crawling systems) which could impair or disrupt the service.
  • Supply any data that could personally identify and/or personally track individual end users or any other persons.
  • Supply more than 1 million unique variations per key & month (e.g. custom values).
  • Invite and send any form of emails from the system where you do not have the receivers explicit consent.
  • Resell any parts or access to the system.

We are allowed to terminate and/or suspend your access to our service immediately, without any notice, whenever you violate any restriction as mentioned before.

Subscription, Payment & Invoicing

The subscription will last for one month, unless stated otherwise. At the end of every subscription term, the subscription will continually be renewed tacitly with new periods of the subscription term, unless one of the parties cancels the subscription in writing, with a cancellation period of one month.

A subscription can consist of fixed fees as well as metered/usage-based fees. The fixed fees will be invoiced in advance, usage/metered-based fees will be invoiced at the end of each subscription term. In case of cancellation by one of the parties, the usage based fees can be invoiced immediately.
VAT is not included in the fees (unless stated otherwise). Transfer costs and wiring costs are not included in the fees and have to be paid separately by you. We are allowed to change the fees every month.

The amount that has to be paid is solely calculated based on the records maintained by us. Any disputes concerning the invoice will have to be received by us within 7 days after the date of the invoice. Disputes that are received after this period, will not be processed.

Invoices have to be paid (without deduction, discount or set-off) within 14 days after the date of the invoice, in the currency as stated on the invoice.

In case of no or tardily payment, you’ll, in addition, have to pay all costs that we have to make to collect the payment (both judicial and extrajudicial, including extra administration costs), all costs to be increased with statutory (commercial) interest. The extrajudicial costs amount at least 10% of the original amount on the invoice(s), with an absolute minimum of € 250 (VAT excluded). In addition, we are allowed to suspend our service without any notice.

We can claim payment of the invoice immediately, without any notice, as soon as:

  • you’re bankrupt;
  • you’ve asked the court for suspension of payment;
  • (a part of) your assets are seized;
  • you’re in liquidation (if you’re a company);
  • you’re dissolved (if you’re a company).
Intellectual Property

All rights concerning the service belong exclusively to us, and will not be transferred to you in any way. The rights concerning the data you process with our service (“your data”) belong to you, but we are allowed to use your data for the purposes as mentioned in the next article.

Availability of the Service

Although we make an effort to let our service be available as often as possible, we cannot give any guarantee about the availability. Furthermore we are always permitted to shut down (parts of) our service on behalf of maintenance, adjustments and/or improvements to our service.

Data Use

We are allowed to use your data to detect, prevent or otherwise address fraud and security issues. Furthermore we are allowed to use your data to protect the system, ourselves and/or any third party against (imminent) harm to rights, property and/or safety.

We are allowed to aggregate your data (both during the subscription and afterwards) with data from other users for our own commercial use (e.g. for an Industry Report), provided that it is not possible to identify any natural person and/or any user that contributed to the data set. We’re not obliged to delete your data after the termination of the use of our service.

We are only allowed to use your data for as far as permitted by applicable law.

Termination

We reserve the right to take actions including service termination against any account at any time. You have the right to terminate your use of this service at any time. In the event that the parties terminate their collaboration, you are obligated to immediately remove and permanently delete all data and integration provided by us.

Governing Law

Any disputes and these terms of service are governed by Dutch law, excluding the UN Sales Convention. The exclusive place of jurisdiction for all disputes is Amsterdam (Netherlands).

Liability

THE SOFTWARE/SERVICE IS PROVIDED "AS IS" AND FOR AS FAR AS IT IS ALLOWED UNDER THE APPLICABLE LAW, THE SOFTWARE/SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FOR AS FAR AS IT IS ALLOWED UNDER THE APPLICABLE LAW, THE AUTHORS OR COPYRIGHT HOLDERS SHALL BE LIABLE IN NO EVENT FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE AND SERVICE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. FOR AS FAR AS IT IS ALLOWED UNDER THE APPLICABLE LAW, YOU INDEMNIFY THE AUTHORS AND/OR COPYRIGHT HOLDERS FOR ANY CLAIM MADE BY, DAMAGE SUFFERED BY OR ANY OTHER LIABILITY TO THIRD PARTIES.

Severability

If a part of this agreement is or becomes invalid in a legal manner, the remainders validity shall not be affected thereby. Invalid parts shall be replaced if legally valid provisions which come as close as possible to the intended result with a focus on the economically base. The same goes for gaps.

Term Updates

These terms may be updated at any time without prior notice.

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