This website easy.roihunter.com (the “Website”) and the Services (as defined below) are owned and operated by:
ROI Hunter a.s., a company organised under the laws of the Czech Republic, and its subsidiaries
Milady Horákové 1957/13
VAT Number: CZ03103048
(hereinafter “ROI Hunter Easy”)
The following terms and conditions regulate the access to and the use of the Services. Please review the terms and conditions carefully.
In order to use the Services you must be a registered user and have an advertising account on https://adwords.google.com/ (“Google AdWords”) and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the “I agree” box which refers to these terms and conditions whereby you are entering into a legally binding agreement with ROI Hunter Easy.
In these terms and conditions, certain definitions (identified by initial capitalization) used shall have the meaning as specified on Google AdWords. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided elsewhere in these terms and conditions.
“Agreement” means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time as well as all Google Inc. Advertising Program Terms.
“Ads Content” means any and all information and files that you upload to Google AdWords by means of using the Services.
“Consumer” means as defined in article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect to distance contracts.
“Google Inc. Advertising Program Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Google from time to time and currently published on https://billing.google.com/payments/termsandconditionsfinder
“ROI Hunter Easy” means ROI Hunter Easy’s Google AdWords ads API tool, a technical application, which is used to provide the Services.
“Free version” means the subscription service that entitles you to use ROI Hunter Easy to manage dynamic display ads on Google AdWords.
“Unlimited version” means the subscription service that entitles you to use ROI Hunter Easy to manage ads on Facebook and other paid features.
“Services” means features and services included in ROI Hunter Easy integration for ecommerce platforms that enable you to manage, optimize and publish ads on Google AdWords.
“Supplier” means as the context requires, ROI Hunter a.s. or ROI Hunter GmbH or ROI Hunter FZE; and collectively, the “Suppliers”.
The Supplier whom Consumer is contracting depends on the domicile of the Consumer. Supplier determines the domicile of the Consumer based on the country indicated in the billing address of the User who concludes the legally binding Agreement on behalf of the Consumer. During Free Trial Supplier determines the domicile of the Consumer based on the location indicated in the IP-address of the User who concludes the Agreement on behalf of the Consumer. By entering into a legally binding Agreement, the Consumer is contracting with the Supplier listed opposite such Consumer’s domicile in the following table.
ROI Hunter a.s.
Milady Horákové 1957/13
ROI Hunter GmbH
United Arab Emirates
ROI Hunter FZE
G-D-Flex-G132/132B, THUB Dubai Silicon Oasis
United Arab Emirates
3 USE OF THE SERVICES
You must have an advertising account on Google AdWords in order to use the Services.
Only individuals who are 18 years or older are permitted to use the Services. The Website is not intended for people under the age of 18.
The Free version is a subscription which is free of charge and intended for testing purposes. You can use this subscription only for 14 days but you can update your subscription to unlimited version anytime during your Trial version subscription. There are no guarantees in the Trial version subscription – ROI Hunter Easy is not responsible for availability of the services and can change conditions of the Trial version without prior notice.
5 YOUR RESPONSIBILITY OF ADS CONTENT
You warrant that any Ads Content submitted by you by means of ROI Hunter Easy complies with this Agreement and all applicable laws, codes and good advertising practices. All ads managed via ROI Hunter Easy must be fully compatible with Google Inc. Advertising Program Terms and especially Google policies (currently available on www.google.com/ads/policies).
6 DISCLAIMER AND LIMITATION OF LIABILITY
(A) ROI Hunter Easy’s Services merely provide you with a technical application for publishing ads on Google Display Network. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Google Display Network. You further agree and acknowledge that ROI Hunter Easy does not prescreen the Ads Content, but that ROI Hunter Easy shall have the right, in its sole discretion, to review, reject or remove any Ads Content transmitted by the use of ROI Hunter Easy.
ROI Hunter Easy assumes no responsibility or liability for any errors, costs, loss and disclosure of or related to Ads Content or other information or data not being transferred to or published on Google AdWords or caused by malfunction in a transfer facility.
ROI Hunter Easy DISCLAIMS ANY AND ALL EXPRESSED, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES.
(B) ROI Hunter Easy is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by ROI Hunter Easy at the time of entering into this Agreement and the effects which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Google AdWords, disruption or delay in external networks or Internet connections or shortage in power supply. ROI Hunter Easy shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damage arising out of or in connection with this Agreement or use of ROI Hunter Easy, even if we have been notified the possibility of such damage, and regardless of the legal theory on which any such damage may be based.
ROI Hunter Easy’s aggregate liability arising out of this Agreement, the use of ROI Hunter Easy and/or the Services will not exceed the greater of one hundred EURs (100 EUR) or the amount you have paid to ROI Hunter Easy in the past twelve (12) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damage, so the above limitation or exclusion may not apply to you. In such cases, ROI Hunter Easy’s liability will be limited to the fullest extent permitted by applicable law.
7 INTELLECTUAL PROPERTY RIGHTS
All copyright, designs, patent, trademarks, trade names and other intellectual property rights (“IPR”) in and to ROI Hunter Easy or displayed on the Website are and shall remain the exclusive property of ROI Hunter Easy or Facebook, Google or any third party as the case may be.
ROI Hunter Easy can use insights from customer’s account in whatever manner ROI Hunter Easy may in its discretion choice. Such insights cannot contain personally identifiable information of the customer or its customers without the customer’s expressed permission.
When you visit the Website and/or use ROI Hunter Easy you provide ROI Hunter Easy with information which may be collected as you interact with the Website and/or ROI Hunter Easy. ROI Hunter Easy is entitled, in its sole discretion, to save and freely handle any such information (including but not limited to all Ads Content).
Submitting your name and e-mail address as well as other requested personal data (as defined in the Data Protection Directive 95/46/EC) or any other personally identifiable information (collectively, “Personal Data”) is a condition to using the Services. The Personal Data that you provide will allow ROI Hunter Easy to inform you of the Services as well as other services and products of interest. ROI Hunter Easy, its affiliates and partners, may use your Personal Data for processing, managing and providing you with personalized news, advertisement and other information. You may at all times opt-out from any further advertisement sent to your e-mail address by sending a notice to ROI Hunter Easy.
Cookies may be used in order to make your visit to the Website easier, enhance your experience, keep track of the number of visitors and the general use of this Website as well as to keep track of advertisements. A cookie is a small text file stored on your hard drive which tracks your movements within the Website. Cookies is never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.
You unconditionally consent to ROI Hunter Easy’s collection and processing of your Personal Data as specified in this Agreement by ticking the “I agree” box when you sign up.
9 RELATIONSHIP OF PARTIES
Nothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and ROI Hunter Easy. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind ROI Hunter Easy in any manner.
10 YOUR INDEMNITY
You agree to indemnify and hold ROI Hunter Easy and its affiliates harmless, to the extent permitted by applicable law, from all losses and expenses, including reasonable attorney’s fees, which are based on or arise from your violation of any of the provisions of this Agreement or otherwise is related to your Ads Content and/or use of ROI Hunter Easy.
These terms and conditions shall be valid until terminated by you or ROI Hunter Easy as provided below:
11.1 Cooling-off period
ROI Hunter Easy entitles customers to withdraw from the Unlimited version within 15 days from the day of subscription of the Unlimited version (the “Cooling-off Period”). The right for customer to withdraw from the Unlimited version may be exercised within the Cooling-off Period by notice to ROI Hunter Easy at the address email@example.com.
You hereby explicitly consent to that your right to withdrawal from the Unlimited version will expire if you start using the Unlimited version services before the end of the Cooling-off Period.
11.2 Termination of Services
The Services that are free of charge may be terminated by you at any time and without cause simply by removing the ROI Hunter Easy integration.
You may at any time and without cause terminate your Unlimited version by giving ROI Hunter Easy fifteen (15) days written notice prior to the end of each month. You acknowledge and agree that you shall fulfil your obligations pursuant to this Agreement until termination. The Unlimited version fee will always be calculated on full calendar month basis.
11.3 ROI Hunter Easy’s termination
ROI Hunter Easy is entitled to, in its sole discretion, to terminate this Agreement if you violate any of the terms and conditions in this Agreement or any applicable law. Any such termination of your access to the Services may be affected without prior notice and you acknowledge and agree that ROI Hunter Easy may immediately delete any information or files in your account (if any) and revoke any further access to ROI Hunter Easy without being liable to you or any third party.
12 OPERATION OF SERVICE
ROI Hunter Easy reserves the right to modify, suspend, discontinue or restrict access to any portion of ROI Hunter Easy and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
13 AMENDMENTS OF TERMS AND CONDITIONS
ROI Hunter Easy may change, amend or modify any of these terms and conditions, at any time and in ROI Hunter Easy’s sole discretion. Changes will be notified by posting a change notice on the Website that is visible when users log-on for the first time after a change has been made and by e-mail to you. All such modifications shall have effect 14 days after notice, unless indicated otherwise. ROI Hunter Easy advises you to periodically review website easy.roihunter.com and Google Inc. Advertising Program Terms in order to be informed of any changes in the Google Inc. Advertising Program Terms.
14 GOVERNING LAW AND DISPUTES
These terms and conditions are governed by and construed in accordance with the laws of the Czech Republic, regardless of any conflict of law principles of your country. Any dispute arising out of or in connection with these terms and conditions or the use of ROI Hunter Easy shall be settled by the courts of the Czech Republic and with Brno’s district court as the court of first instance.