Targetoo Terms of Use

- PLEASE READ CAREFULLY -

1. Introduction and definitions

These Terms of Use (‘Terms’) set forth the standards of use of services provided by the company Targetoo and its employees as well as governs the legal agreement between Targetoo and the users/customers (‘Clients’) of its website and/or services. Targetoo is a trade name by the limited liability company owned by TEX B.V. under Dutch law, registered at the Chamber of Commerce in the Netherlands under identification number 60281774 and with the Dutch Tax Authority with identification number 853842085B01 (‘Targetoo’/‘we’ /‘our’). Targetoo operates amongst others, in the field of Mobile Advertising. Targetoo is the owner of the website http://www.targetoo.com (hereinafter: ‘the website’/ ‘the site’). Targetoo uses a Demand Side Platform (‘DSP’), accessible trough the website, that provides Clients with the option to create and publish their necessary mobile advertisements. An account is required to access the DSP and activate campaigns.

2. Acceptance

By using the website and/or the DSP and/or the services provided by Targetoo entails full acceptance of the Terms as published by Targetoo on the website at the moment of such use. Full acceptance means that the Client agrees to be bound, without limitation or qualification by these Terms. If the Client does not accept these terms, he should refrain from using the website and/or the DSP and/or the services provided by Targetoo. If any provision of these Terms is held to be unlawful, void or unenforceable, that provision shall be deemed separable from the rest without effect on the remainder of these Terms so as the remainder of the Terms will be valid and enforceable.

3. Changes to Terms of Use

Targetoo has the right at any time, in our sole discretion, to revise, update, or otherwise modify these Terms and update them on the Website. Targetoo reserves the right to make any such changes effective immediately to maintain the security and integrity of the Website and/or DSP or our users' access information or to comply with any laws or regulation. The Client is advised to visit the website regularly to read up on the Terms. The Client may reject changes by discontinuing use of the Website and services to which such changes relate. Continued use of the Website or Services after Targetoo has made such modifications will constitute the Clients’ acceptance of and agreement to such changes, and the Client will be bound by the new or modified terms. Targetoo may, from time to time, perform maintenance upon the Website or Services resulting in interrupted service, delays or errors in the Website or services. Any change will be effective when posted on the Website or when Targetoo notifies the Client by other means.

4. Rights and obligations of Client

4.1 Truthfulness of information

Clients - or site visitors - are responsible for accurate, truthful and updated information and personal details entered into the Website, The DSP and in correspondence with Targetoo.

4.2 Payment terms

Any invoice issued by Targetoo to the Client is net payable within 30 natural days since the date of issuance. Targetoo reserves the right to stop all activities for the Client and add a daily interest of 1% to the invoice sum if the invoice to that Client is not paid within those 30 natural days. Targetoo also reserves the right to seek payment from the possible advertiser represented by the Client and/or beneficiary of the advertisement without reducing or limiting Client’s obligation to Targetoo in any way.

4.3. Funds in the platform

Unless agreed otherwise, Targetoo will request an initial prepayment of 2,000USD to add funds to the Client’s account in the platform for the first time. After that payment, Targetoo and the Client can agree to continue on a prepayment basis or switch to a Net30 (or any other form of payment) model.

All funds will be added to the Client’s account once the first prepayment is received. Exceptionally, Targetoo can agree to add funds by receiving a Proof of Payment from the client (which can be a bank statement, Paypal receipt, etc) showing the amount transferred to Targetoo. In the event that these funds are not received within 3 business days, Targetoo reserves the right to freeze all the Client’s campaigns until the situation is solved.

Once funds are added in the platform they can’t be refunded unless:

Funds have not been used whatsoever.
Funds have been spent in any way and they had been added anytime in the last three months. In this situation, Targetoo reserves the right to refund only 50% of the funds for the services provided.

Any fund added in the platform older than 3 months won’t be refunded. The funds will stay in the platform and the account will stay open for the client to use at any given time.

If a campaign, that’s briefed to Targetoo Ad Operations team, or has been set-up in self-serve modus - has a fraudulent objective/goal (such as phishing) - Targetoo is entitled to keep 100% of the prepayment.

All refunds that meet these conditions will be processed after one month of refund request.

4.4 Ad exchange penalty fines

The Client is bound to pay penalty fines received by Targetoo from various Ad-Exchanges, including but not limited to, resulting from malignant content provided by the Client.

4.5 Confidentiality

The Client is forbidden to share any information about details of its professional relationship with Targetoo, the DSP, the self-serve interface with third parties without the written consent by Targetoo.

4.5 Damaging activity

The Client shall not engage in fraudulent or damaging activities through the use services provided by Targetoo. The Client is liable to Targetoo for any damages caused by such fraudulent or damaging activity.

4.6 Responsibility for material content of advertisement

The Client is responsible for the correctness and effectiveness of the material it provides to Targetoo to serve as content for advertisement or campaigns and use in other of Targetoo’s services. Any faults, incorrectness, inconsistencies, errors or omissions in the material provided by the Client shall remain in the responsibility of the Client. Targetoo has no responsibility to check any material the Client provides for such faults, incorrectness, inconsistencies, errors or omissions before, during or after providing mobile advertisement services to the Client.

5. Targetoo right to refuse service

Targetoo reserves the right to refuse any advertisement or campaign if it determines that such advertisement or campaign is incompatible with our quality standards or good practices or can be damaging to Targetoo or our partners.

6. Disclaimer Targetoo

Unless specifically guaranteed by Targetoo to the Client, or provided by the applicable regulatory framework, Targetoo is not responsible for any damages of any kind that may result from errors or omissions in our website or our services. Targetoo does not guarantee the Website or the DSP to be available at all times and will not accept damage claims resulting from unavailability of one or more of our services. Targetoo excludes any liability for damages of any kind (including any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use) that may be due to lack availability, continuity, or accuracy of the Website or DSP, and the services rendered through the Website. While Targetoo makes every effort to ensure that the information on the site is accurate, no representations or warranties are made as to the accuracy or reliability of any information provided on this Website or DSP, especially the information provided by publishers or third parties of any kind. Clients are responsible for the advertisement material they provide.

7. Privacy Policy

Please read the complete Targetoo Privacy Policy here

8. Dispute resolution

These Terms are governed by Dutch law. Any dispute arising from these Terms or the use of the Website or DSP or any of Targetoo’s services shall be submitted to the exclusive jurisdiction of the courts of Amsterdam (The Netherlands).