Adclear Platform Subscription – Terms and Conditions
Adclear (Bilberry Technologies Ltd) will provide the Client with the services described in the applicable Order Form. For the duration of the subscription, Adclear grants the Client a limited, non-exclusive, non-transferable license to access and use the Adclear Platform in accordance with the agreed usage terms. Adclear will provide the Services with reasonable skill and care and in accordance with industry standards. Platform availability may be affected by maintenance or factors beyond Adclear’s control. Support and maintenance will be provided throughout the term to ensure the Platform remains up to date with legal and regulatory changes.
Our servers, potentially hosted by third-party providers, collect data from users, including browser type, operating system, Internet Protocol (“IP”) address, domain name, click-stream data, and visit date/time stamp.
Adclear may identify the Client as a user of the Platform for promotional purposes, including in sales materials, marketing communications, and on its website, subject to the Client’s prior consent. Your Personal Information is utilised to manage your Account, process payments, provide customer support, tailor Site and Services features to you, and communicate with you about our offerings. We may also transform your Personal Information into Anonymous Information for record-keeping.You may opt out of certain communications by clicking the “Unsubscribe” link in emails or by contacting us at contact@adclear.ai. However, we may still send necessary Service-related communications.
Each party agrees to protect the confidentiality of the other party’s non-public information and use it solely to fulfill its obligations under this Agreement. Adclear retains all intellectual property rights in the Platform, Services, documentation, and related tools. The Client retains ownership of its Digital Content and grants Adclear a license to use it as required to deliver and improve the Services, provided it is anonymized or de-identified. Feedback provided by the Client may be used by Adclear to enhance its offerings.
The Client is responsible for ensuring it has the legal rights and consents necessary to provide its Digital Content for processing. Adclear will implement appropriate safeguards to protect the Client’s data and may analyze aggregated and de-identified data to enhance the Platform. Upon termination, Client data will be deleted in line with Adclear’s retention policies.
Adclear provides the Platform and Services using reasonable skill and care. However, it does not warrant that the Platform will identify all compliance issues or be error-free. The Platform is designed as a compliance aid, not a substitute for legal or regulatory review. All Services are provided "as is" except as otherwise expressly stated.
To the extent permitted by law, Adclear’s liability is limited. Neither party is liable for indirect or consequential losses. Each party must take reasonable steps to mitigate potential losses. Certain exclusions and indemnities, including those related to intellectual property or confidentiality breaches, may apply notwithstanding these limitations.
The Client agrees to pay the fees as set out in the applicable Order. Subscription fees are payable in advance unless otherwise agreed. Adclear reserves the right to adjust fees by giving prior written notice. Late or missed payments may result in suspension of access to the Platform.
Either party may terminate this Agreement under certain conditions, including for breach or insolvency. Upon termination, the Client must cease all access to the Platform and destroy any login credentials. Any unpaid fees for Services provided up to the termination date remain payable. Certain clauses, such as confidentiality, IP ownership, and limitation of liability, will survive termination.
This Agreement is governed by the laws of England and Wales, and disputes will be subject to the exclusive jurisdiction of its courts. No rights may be transferred without written consent. This Agreement represents the full understanding between the parties and may only be amended in writing. Nothing herein creates a partnership or agency relationship between the parties.