AdTranquility

Terms and Conditions

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Terms and Conditions of AdTranquility These Terms govern <ul> <li>the use of AdTranquility, and,</li> <li>any other related Agreement or legal relationship with the Owner</li> </ul> in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully. AdTranquility is provided by: Leverage Technologies Social Media L.L.C, MH-04-D-99, Sama Residence, Al Nahda First, Dubai, United Arab Emirates Owner contact email: support@adtranquility.com "AdTranquility" refers to <ul> <li>this website, including its subdomains and any other website through which the Owner makes its Service available;</li> </ul> <ul> <li>applications for mobile, tablet and other smart device systems;</li> </ul> <ul> <li>the Service;</li> </ul> What the User should know at a glance<ul> <li>The right of withdrawal on AdTranquility applies to all Users, including those Users that do not qualify as Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.</li> </ul> TERMS OF USEUnless otherwise specified, the terms of use detailed in this section apply generally when using AdTranquility. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using AdTranquility, Users confirm to meet the following requirements: <ul> <li>Users must qualify as Consumers;</li> </ul> Account registration To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by AdTranquility. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen. Conditions for account registration Registration of User accounts on AdTranquility is subject to the conditions outlined below. By registering, Users agree to meet such conditions. <ul> <li>Accounts registered by bots or any other automated methods are not permitted.</li> </ul> <ul> <li>Unless otherwise specified, each User must register only one account.</li> </ul> <ul> <li>Unless explicitly permitted, a User account may not be shared with other persons.</li> </ul> Account termination Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of AdTranquility. Account suspension and deletion The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices. Content on AdTranquility Unless where otherwise specified or clearly recognizable, all content available on AdTranquility is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on AdTranquility infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document. Access to external resources Through AdTranquility Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. Acceptable use AdTranquility and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of AdTranquility and/or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to AdTranquility or the Service, terminating contracts, reporting any misconduct performed through AdTranquility or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities: <ul> <li>violate laws, regulations and/or these Terms;</li> <li>infringe any third-party rights;</li> <li>considerably impair the Owner’s legitimate interests;</li> <li>offend the Owner or any third party.</li> </ul> Software license Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to AdTranquility are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of AdTranquility and the Service offered. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement. Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards. The Owner reserves the right to release updates, fixes and further developments of AdTranquility and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using AdTranquility and/or its related software. New releases may only be available against payment of a fee. The User may download, install, use and run the software on unlimited devices. However, it may not be permitted to run the software on more than one device at a time. API usage terms Users may access their data relating to AdTranquility via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses AdTranquility, is bound by these Terms and, in addition, by the following specific terms: <ul> <li>the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.</li> </ul> TERMS AND CONDITIONS OF SALEPaid Products Some of the Products provided on AdTranquility, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of AdTranquility. Product description Prices, descriptions or availability of Products are outlined in the respective sections of AdTranquility and are subject to change without notice. While Products on AdTranquility are presented with the greatest accuracy technically possible, representation on AdTranquility through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process. Purchasing process Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps: <ul> <li>By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice.</li> <li>After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on AdTranquility, hereby accepting these Terms and committing to pay the agreed-upon price.</li> </ul> All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes. Prices Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on AdTranquility are displayed: <ul> <li>including all applicable fees, taxes and costs;</li> </ul> Offers and discounts The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of AdTranquility. Offers and discounts are always granted at the Owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified. Methods of payment Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of AdTranquility. All payments are independently processed through third-party services. Therefore, AdTranquility does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User. Purchase via app store AdTranquility or specific Products available for sale on AdTranquility must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use. Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms. Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them. Retention of usage rights Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner. DeliveryPerformance of services The purchased service shall be performed or made available within the timeframe specified on AdTranquility or as communicated before the order submission. Contract durationTrial period Users have the option to test AdTranquility or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of AdTranquility may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on AdTranquility. The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires. Subscriptions Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. Fixed-term subscriptions Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process. Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term. Automatic renewal Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or AdTranquility. The renewed subscription will last for a period equal to the original term. Termination Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside AdTranquility. Termination notice If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed. User rightsRight of withdrawal Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section. Who the right of withdrawal applies to The right of withdrawal is a right designed for European Consumers in the case of distance contracts (because the User is not able to see or try the Products before closing the contract). Withdrawal from the contract terminates the obligation of the contracting parties to perform the contract. On AdTranquility the right of withdrawal applies to all Users. Unless any exception mentioned below applies, if any, Users have a right to withdraw from the contract within the specified period applicable to their case, for any reason and without justification. Exercising the right of withdrawal To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires. When does the withdrawal period expire? <ul> <li> Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.</li> </ul> Effects of withdrawal Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement. …on the purchase of services Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract. GuaranteesMoney-back-guarantee Without prejudice to any applicable statutory rights, the Owner grants Users the right to cancel a purchase they are unsatisfied with and obtain a refund. The terms and conditions applicable to such offer can be found in the dedicated section of AdTranquility. Liability and indemnificationUS UsersDisclaimer of Warranties AdTranquility is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct. that the Service will meet Users’ requirements. that the Service will be available at any particular time or location, uninterrupted or secure. that any defects or errors will be corrected. or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law. Limitations of liability To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for <ul> <li> any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. and </li> <li> any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; </li> <li> any errors, mistakes, or inaccuracies of content; </li> <li> personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; </li> <li> any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein; </li> <li> any interruption or cessation of transmission to or from the Service; </li> <li> any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; </li> <li> any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service. and/or </li> <li> the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter. </li> </ul> This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law. Indemnification The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from <ul> <li> User’s use of and access to the Service, including any data or content transmitted or received by User; </li> <li> User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms; </li> <li> User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; </li> <li> User’s violation of any statutory law, rule, or regulation; </li> <li> any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; </li> <li> User’s willful misconduct. or </li> <li> statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law. </li> </ul> Common provisionsNo Waiver The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. Service interruption To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc). Service reselling Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of AdTranquility and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program. Privacy policy To learn more about the use of their Personal Data, Users may refer to the privacy policy of AdTranquility. Intellectual property rights Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to AdTranquility are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with AdTranquility are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. Changes to these Terms The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. Assignment of contract The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner. Contacts All communications relating to the use of AdTranquility must be sent using the contact information stated in this document. Severability Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. US Users Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law. Governing law These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles. Venue of jurisdiction The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document. US UsersSurviving provisions This Agreement shall continue in effect until it is terminated by either AdTranquility or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following: <ul> <li>the User’s grant of licenses under these Terms shall survive indefinitely;</li> <li>the User’s indemnification obligations shall survive for a period of five years from the date of termination;</li> <li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.</li> </ul> Dispute resolutionAmicable dispute resolution Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of AdTranquility or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 2 days of receiving it. Definitions and legal references AdTranquility (or this Application) The property that enables the provision of the Service. Agreement Any legally binding or contractual relationship between the Owner and the User, governed by these Terms. Example withdrawal form Addressed to: Leverage Technologies Social Media L.L.C, MH-04-D-99, Sama Residence, Al Nahda First, Dubai, United Arab Emirates support@adtranquility.com I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service: _____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal) <ul> <li> Ordered on: _____________________________________________ (insert the date) </li> <li> Received on: _____________________________________________ (insert the date) </li> <li> Name of consumer(s):_____________________________________________ </li> <li> Address of consumer(s):_____________________________________________ </li> <li> Date: _____________________________________________ </li> </ul> (sign if this form is notified on paper) Owner (or We) Indicates the natural person(s) or legal entity that provides AdTranquility and/or the Service to Users. Product A good or service available for purchase through AdTranquility, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service. Service The service provided by AdTranquility as described in these Terms and on AdTranquility. Terms All provisions applicable to the use of AdTranquility and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time. User (or You) Indicates any natural person or legal entity using AdTranquility. Consumer Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession. Latest update: May 06, 2021 iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided. Terms and Conditions generated with Generate yours