Sevio - Terms & Conditions

1. INTRODUCTION

1.1. BEFORE USING THE WEBSITE WWW.SEVIO.COM, PLEASE READ IN FULL AND CAREFULLY THE PROVISIONS OF THESE TERMS AND CONDITIONS ("T&C" AND/OR "TERMS AND CONDITIONS").

PARTICIPATION IN THE SEVIO ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE SEVIO ONLINE PROGRAM.

IF YOU DO NOT AGREE WITH THE PROVISIONS OF THE TERMS AND CONDITIONS, INCLUDING ANY UPDATES THEREOF, PLEASE STOP USING THE SEVIO ONLINE PLATFORM IMMEDIATELY.
1.2. USE OF THE SEVIO ONLINE PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM REPRESENTS THE EXPRESS AGREEMENT TO ACCEPT THESE TERMS AND CONDITIONS (INCLUDING ANY UPDATES THEREOF), EVEN IN THE EVENT OF THE USER'S FAILURE TO REVIEW THE APPLICABLE TERMS AND CONDITIONS.
1.3. IN ORDER TO CREATE AN ACCOUNT, WE ASK YOU TO AGREE TO THIS SET OF TERMS AND CONDITIONS BY SPECIFIC ACTION, HAVING THE VALUE OF UNEQUIVOCAL CONSENT (E.G. TICKING A SPECIFIC BOX).
1.4. This agreement (“Agreement”) between You and SEVIO DIGITAL LIMITED (“Sevio” or the “Company”) consists of these Sevio Online Program (“the Program” or the “Sevio’’s Program”) Terms and Conditions (“Terms and Conditions”).
1.5. “You” or “Publisher” or “User”/”Users” means any entity identified in an enrollment form submitted by the same or affiliated persons, and / or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
1.6. “You” or “Your” means the entity You represent in accepting this Agreement, and You represent and warrant that You have legal authority to bind such entity to this Agreement.
1.7. You (as defined above) will cause any of Your Affiliate(s) or subcontractors to whom You grant access to the Program interface, (individually and collectively, “Third Parties”) to comply with the Terms and Conditions of this Agreement.
1.8. “Affiliates” means, with respect to a party, an entity that directly or indirectly controls, is controlled by or is under common control with such party.
1.9. Sevio may modify this Agreement (including URLs referenced in this Agreement and the content within such URLs) from time to time. Any modifications to this Agreement or the URLs referenced in this Agreement will be accessible at https://sevio.com/ or a different URL that Sevio may provide from time to time. Changes to the content of this Agreement (including changes to the content within URLs) will not apply retroactively and will become effective in no less than 15 days after they are posted, unless otherwise specified by Sevio in respect of these Terms and Conditions where in Sevio’s reasonable opinion more immediate application of a change to them is required to:
- 1) meet legal, regulatory, or industry standards/requirements.
- 2) maintain the integrity of the Program; or
- 3) address matters of public interest.
1.10. Sevio will use commercially reasonable efforts to inform You of immediate Policy Changes by alerting You via the user interface, posting changes to the Sevio Ad Manager policy change log, or by other suitable means (e.g. via email) where in Sevio’s reasonable opinion, You are impacted by such Policy Change. For clarity, changes to the URL references in this Agreement will be effective immediately.
1.11. How we carry out our operations within Sevio is as important as the results we achieve. In our activity, we are committed to complying with the highest advertising standards, national (ASAI Code of Standards for Advertising and Marketing Communications in Ireland) and international. These principles give us the guarantee of a high level of quality in the long term and the continuous achievement of outstanding results.

2. DESCRIPTION OF SEVIO’S PRODUCTS AND SERVICES

2.1. Sevio's Program enables the display of advertisements from third-party advertisers on approved websites or other properties. You, relevant third parties, and Your advertisers select the criteria for displaying these advertisements. This process is facilitated by accessing the Program using a protocol and/or user interface provided by Sevio. It is important to note that the protocol and user interface may undergo updates from time to time, impacting the advertising display process.
2.2. Other services that may be subsequently implemented on the Sevio’s Program are subject to this set of Terms and Conditions, unless they have specific terms and conditions that will be formulated separately.
BY USING THE SEVIO PLATFORM AND ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO THE APPLICABILITY OF THE FOLLOWING CLAUSES:

03. GENERAL PROVISIONS

3.1. The present Terms and Conditions specify the conditions of use of the www.sevio.com ("Website" or "Sevio Platform") and the services offered through it by the Company ("Services"), and represent a legally binding agreement (the "Agreement") between Sevio Digital Limited, a Private Company Limited by shares, with company registration number 729804 and Tax Registration Number 4140525JH, headquartered in 20 HARCOURT STREET, DUBLIN, DUBLIN 2, D02 H364, IRELAND (hereinafter referred to as the "Company") and users of the Sevio Platform ("Users"), respectively:
- a. Legal entities who wish to commercialize all or part of the advertising space on websites owned and/or managed by them ("Publishers");
- b. Individuals who consult the Website, but do not register on the Website by creating a User account ("Visitors").

04. TERMS AND DEFINITIONS

4.1. Please be aware that using Sevio's platform products to promote illegal content, engage in illegal activities, or infringe upon the legal rights of others is strictly prohibited. This restriction applies to all forms of advertising, the associated webpages and landing pages, and any pages that utilize tags provided by Sevio's platform products. It is important to note that in the event of a complaint, we reserve the right to block your activity and / or disclose your identity in case of a legal complaint.
4.2. You will always bear the burden of proof to demonstrate that You have complied with the Sevio’s program policies. This entails providing clear evidence, documentation, and detailed explanations to support compliance with the established policies and guidelines.
4.3. You are not allowed to use any form of advertising creatives in any way that supports or promotes any form of abusive experiences, and you are also prohibited from monetizing any destinations that contain such material.
4.4. ATTENTION! BE AWARE OF THE FOLLOWING GUIDELINES REGARDING ABUSIVE EXPERIENCES. AN EXPERIENCE IS CONSIDERED ABUSIVE IF IT IS DESIGNED TO MISLEAD WEBSITE VISITORS, AND IF IT FULFILLS ONE OF THE CONDITIONS LISTED BELOW. PLEASE NOTE THAT THE EXAMPLES PROVIDED ARE NOT EXHAUSTIVE.
a. Malware or Unwanted Software - Advertisements or content elements that endorse, host, or link to malware or unwanted software, which may be installed on your users' devices.

b. Mouse Pointer - Ads or content elements that simulate the appearance and behavior of a moving or clicking mouse pointer are intended to mislead users into interacting with them. This deceptive design can create confusion and may lead to unintended user engagement with the ad or content element.

c. Auto Redirect: Auto-redirecting ads or content elements that redirect a webpage without any action from the user, such as clicking a link or button, are not permitted. These types of ads can be disruptive and create a poor user experience.

d. Social Engineering (Phishing and Deceptive Sites) - This pertains to advertisements or content elements designed to illicitly obtain personal information or persuade users to divulge personal information.

e. Browser History Manipulation - Prevents the normal function of the "Back" button by keeping the user from returning to the previous destination. For example, the site adds a page to the browser history.

f. Misleading Site Behavior - Page features such as scroll bars, play buttons, "next" arrows, close buttons, or navigation links that lead to an ad or landing page when clicked fall under this category. Also, any behavior aimed at deceiving users or manipulating rankings, such as fake reviews, falsified testimonials, or deceptive affiliate practices, falls under this category.

g. Unexpected Click Areas – transparent backgrounds, non-visible page elements, or other typically non-clickable areas that lead to an ad or landing page when clicked.

h. Fake Messages - Advertisements or other elements that mimic chat apps, warnings, system dialogs, or notifications, leading to an ad or landing page upon clicking.
4.5. YOUR ACTIVITY IN THE SEVIO’S PROGRAM ACCOUNT WILL BE CONSIDERED INVALID AND SEVIO RESERVES THE RIGHT TO DENY ANY ADS, WEBSITE FROM JOINING ITS DISPLAY NETWORK WITHOUT PROVIDING ANY JUSTIFICATION, INCLUDING BUT NOT LIMITED TO SITES/ADVERTISING SITES AIMED AT PROMOTING PROHIBITED CREATIVES OR RESTRICTED GOODS / SERVICES AND CONTENT DETAILED IN THE SUPPLY POLICY.
4.6. If Your intention using the Sevio’s Program Services is for personalized advertising, You must comply with applicable INTERNET ADVERTISING INDUSTRY GUIDELINES as the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance.
4.7. You are prohibited from utilizing Sevio’s Program services to identify users or integrate personally identifiable information with data previously gathered as non-personally identifiable information without providing explicit notice and obtaining the user's prior affirmative consent (i.e., opt-in) for such identification or integration. Furthermore, regardless of user consent, you are not permitted to attempt to disaggregate data reported by Sevio's Program in an aggregated manner.
4.8. Should You collect, process, or disclose information that can identify an end user's precise geographic location through Sevio's Program Services, such as GPS, wifi, or cell tower data, You must take the following steps:
a. Obtain express (i.e., opt-in) consent from end-users.

b. Ensure that all pertinent privacy policies disclose information collection, processing, or disclosure.

c. Send such information to Sevio only in an encrypted state or via an encrypted channel.
4.9. You must comply with privacy and export laws and industry guidelines and ensure that your Program Sites have a visible link to a privacy policy. Your privacy policy should disclose the use of third-party technology, data collection, and usage resulting from the Program, provide information about end users' options for cookie management, and comply with privacy laws.
4.10. ATTENTION!! As a Partner of using Sevio’s Services, you need to update your Privacy Policy with Sevio as a Third Party.
4.11. Sevio doesn't monitor Program Ads and Program Data. Still, if we find that they violate any third-party rights, laws, or our Program Policies or create liability for Sevio, we may remove them without any liability to Sevio.
4.12. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
4.13. By accessing the Sevio’s Website and opening an Account, or ticking the "I agree to the Terms of Use and Privacy Policy" checkbox, You agree to be bound by these Terms and confirm that You have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, and other legally binding document publicly available on the Website.
4.14. You cannot use the Website and create the Account if You have not read, understood, and accepted all the provisions of these Terms.

05. USER ACCOUNT REGISTRATION

5.1. In order to have access to the Services, You have to create a User account on the Sevio Platform following the steps communicated by the Company.
5.2. KYB (Know Your business) is the process of identifying and verifying the clients as businesses. Identification means gathering personal/business data; verification means checking that this data is accurate. For businesses, the KYB process will be done through the UAB partner "iDenfy", a company registered under the number 304617621, headquartered in Gričiupio g. 7-212, Kaunas, https://idenfy.com. Regarding legal entities, they will upload the incorporation documents of the company with which they registered as a user, and these will be verified by Sevio's KYB team.
ATTENTION!! For the following countries, the legal entities, will need to upload the Certificate of Incumbency (not older than one year, issued by a third party): American Samoa, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, Bonaire Saint Eustatius and Saba, Botswana, Virgin Islands British, Cape Verde, Cayman Islands, Cook Islands, Curacao, Dominican Republic, Grenada, Jamaica, Maldives, Marshall Islands, Mauritius, Mongolia, Montserrat, Morocco, Namibia, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Martin, Bonaire Saint Eustatius and Saba, Saint Vincent and the Grenadines, Seychelles, Trinidad and Tobago, Turks and Caicos Islands, Virgin Islands U.S., Vanuatu.
5.3. Upon registration, the User must provide all the requested information in the registration form available on the Website and confirm the email address for the User account to be created.
5.4. The confirmation that the email address used to create the account belongs to You will be done by entering the 6-digit code received on the provided email address, in the respective field.
5.5. THE INFORMATION PROVIDED TO CREATE THE USER ACCOUNT MUST BE REAL, COMPLETE AND CORRECT. If the information provided during the creation of the user account changes subsequently, the User is obliged to promptly update the respective information contained in the User's account.
5.6. For security reasons, any changes to the data regarding the User account, billing address, email address used to log in, etc., will be made through a request sent to our team from the email address used for the user's account, containing all the information to be modified. The email address to which the data change request will be sent is [email protected].
5.7. The Company reserves the right to verify the information provided by the User upon registration and to also request supporting documents if any third parties such as, without limitation, state authorities, banks, payment processors) so request for grounded reasons.
5.8. Through the User account created on the Sevio Platform, the User's access to the Services provided by the Company is ensured, with the account becoming functional after the User goes through the process of KYB. Moreover, the User account shall keep the record of all the amounts owed by the Company to the Publishers for the Services provided by them .
5.9. For the avoidance of any doubt, the information on the value of such amounts is reflected in the User account for information purposes only, providing the Publisher, the record of the amounts owed by the Company at any given time. Depending on the operations made by the User, the information in the User account shall be appropriately updated. For the avoidance of any doubt, the User account does not store funds and does not allow the performance of any transfers or other operations in relation to them.
5.10. By creating the account, without limiting the foregoing, You acknowledge and agree to the following:
a. You will be solely responsible for all, without limitation, Program Ad content, Program Ad Information, Program Ad URLs, editorial, text, graphic, audiovisual, and other content and any other information You or any Third Party enter into the Sevio’s Program, whether generate by or for You or a Third Party, and for the acts and omissions of any Third Parties in connection with this Agreement.

b. You use the Sevio’s Program for the specific purposes of its commercial activity which it is authorized to carry out.

c. You make sure the all information provided is complete, true, and accurate;

d. You understand and agree that, in addition to the provisions of the Terms and Conditions, certain Services may be governed by specific rules. Any such rules will be published separately;

e. You understand that You will be solely responsible for the security of the account and account password and will not allow other persons to access the account. Any breach or suspicion of breach of security of Your account must be reported immediately to the Company. The Company will not be held liable for any damage caused as a result of the breach of account security due to the conduct of the User or any person accessing and/or using the User account, including but not limited to situations when: computer systems used are infected with viruses or other malware, or the device on which the User is logged in is accessed by anyone else, or the security of the email account associated with the User's account is in any way compromised.
5.11. The Company reserves the right to delete user accounts that have been inactive for a period of one year. Publishers' accounts will be deleted under these terms and conditions.
5.12. Without a valid and confirmed email address, Your account cannot function optimally. Confirmation of the email address also prevents unauthorized persons from using the email address.
5.13. Users shall not use automated means, including scripts, robot, bot, spider, crawler and /or any computer applications/programs that may deceive or simulate certain activities or statuses on the Sevio’s Program, or, in any way, exploit certain functions or vulnerabilities of the Website in order to obtain advantages, for themselves or for other Users, regarding the use of the Services offered through the Sevio’s Program.
5.14. The Company reserves the right to restrict or exclude Users' access to the Sevio’s Program, as well as to delete or restrict the user account, within the limits of the law, if it considers that based on the User's conduct or activity, access and existence of the account may harm in any way the Company or other Users.
5.15. IMPORTANT NOTE! The Company shall not accept the registration as Users and shall not perform any activities whatsoever (shall not collect amounts from or make payments to) individuals or legal entities with their domicile/residence/office in one of the following States: Afghanistan, Ivory Coast, Cuba, Eritrea, Guinea, Iraq, Iran, Liberia, Myanmar, Rwanda, Sudan, Sierra Leone, South Sudan, Syria, Zimbabwe, North Korea, Russia, Belarus, Ukraine (only for Donetsk and Luhansk).
5.16. Should the Company find out the certain Users have their office in one of the States provided at Clause 5.15 above, the Company reserves the right to erase the User accounts of such Users.

06. WEBSITE ACCEPTANCE AND ELIGIBILITY

6.1. After the registration process of the Publishers is completed, the Company will check if their websites are eligible for hosting its advertising formats.
6.2. The Company does not accept any form of advertisement that can hurt or is inappropriate for the general audience, according with the SUPPLY POLICY.
6.3. Publishers shall respect the following conditions regarding the placement of the advertising and website traffic:
a. Publishers are not being allowed to hide or distort a banner in any way, shape, or form;

b. Publishers are not allowed to display a banner on a different website than the one it was approved for (e.g. if a banner was approved for website1.com, You are only allowed to display it on website1.com);

c. Publishers are not allowed to purchase any type of traffic from other sources (advertising networks or other websites) to send it to our Advertisers' websites through their banners;

d. Publishers are not allowed to auto refresh their website to increase the impressions of the banners they display;

e. Publishers are not allowed to generate artificial traffic or use unethical methods to generate income (this includes, but is not limited to: autosurfs, iframes, bots, proxies, auto-hit services, traffic exchange systems).
6.4. If Your website is rejected, You can open a ticket and ask for a second review, but only after 1 (one) week has passed from the date of the denial. If You request to be rechecked faster than 1 (one) week, Your request will be rejected.
6.5. If the Publisher's website changes its content so that it may violate the provisions set into the SUPPLY POLICY, the Publisher is obliged to immediately notify these changes to the Company via email or through our ticket system. If after the verifications the Company comes to the conclusion that the modifications violate these terms and the conditions from SUPPLY POLICY, the Company has the right to block the Publisher account.
6.6. Websites that have been accepted by the Company have to respect the provisions of these Terms and Conditions and all other policies of Sevio’s Program for the entire period of validity of the Agreement. The Company reserves the right to amend or modify the Website acceptance policy and the SUPPLY POLICY based on its internal and international rules, subject to communicating such to the Users as per the present Terms and Conditions.
6.7. Publishers are obliged to expose the banners their websites as long as the contractual relationship with the Company still exists. If a Publisher wants to delete the content delivered to his website through the Sevio’s Program, he is required to immediately notify the Company this intention as well as the justification.
6.8. Under these Terms and Conditions, Publishers may earn money from the Company each time a user views a banner placed on their websites, within the limit of the available campaigns. There is no limit on the number of websites a Publisher can deliver ads on.
6.9. The fee for displaying Advertisers' ads is based on the type of services offered by the Publisher (i.e. advertising services that allows CPM), and the minimum price shall be agreed with the Publisher. The amount of the relevant advertising services fee will be determined based on the statistical data gathered by our reporting system only.
6.10. The Company may request access to Your Google Analytics account or other programs/instruments whereby traffic authenticity may be proved, in order to verify the quality and authenticity of Your traffic, if the Company has reasons to believe Your data is fraudulent.
6.11. Publishers' earned fees according to the statistical data will be recorded in their user account immediately, for information purposes. Publishers fully acknowledge the correctness of the statistical data in the Company's reports, which shall prevail in the event of a dispute regarding the measurement of all impressions.
6.12. If at the end of the validity of the Agreement, including the termination at the Publisher's initiative, there are amounts which have still not been paid to the Publisher, as per the records in the user account, related to advertising services which have been provided but not invoiced, the Publisher can request their payment. Payment will be made within 30 days of termination of the Agreement, provided that the amount to be paid to the Publisher meets the minimum threshold of EUR 50.
6.13. However, if the Agreement has been terminated due to the violation of its provisions by the Publisher, the Company shall be entitled to retain the unbilled amount as a contractual penalty.
6.14. The Company reserves the right to make adjustments to the amounts payable to the Publishers (the value of which is recorded for informative purposes in the user account as well) in one of the following cases: (a) deduct payment and/or transaction fees; (b) as a consequence of the fraudulent activity of a Publisher; (c) as a consequence of Advertiser's complaints or refunds made to Advertisers; (d) due to technical reasons, and any other justified cases.
6.15. Under these Terms and Conditions, Publishers expressly agree that the Company may issue self-billed invoices on their behalf from the date of acceptance of these Terms and Conditions, if they do not issue invoices within the legal terms. Self-billed invoices will contain any information required by the applicable law and will be issued in EUR. The Publishers are obliged to notify the Company immediately regarding any change in the information initially provided to the Company and included in the self-billed invoices or regarding any additional information that needs to be provided in the self-billed invoices in order to comply with the applicable law. Each self-billed invoice will be considered accepted if the Publisher does not reject it within 24 hours from the date of issue. Publishers agree to not issue separate invoices for the transactions covered by the self- billed invoices.
6.16. Sevio will generate a self-billed invoice every first Monday of the month for the earnings accumulated from the first day until the last day of the previous month and will be paid on a NET-30 basis meaning that the payment will be issued no later than 30 days after the invoice was issued.
The invoice will be paid by bank transfer to Sevio’s user bank account using his Payout Details. It’s your responsibility to ensure the Payout Details of your Sevio’s user account are correct. If Sevio’s user account doesn’t notify Sevio of any changes to his Payout Details, Sevio is exempt from any responsibility regarding the payment; any of the payments made to the bank account registered in the user account are considered valid.
ATTENTION!! Sevio will generate the self–billed invoice only if the account is KYB approved and the user's Payout Details are completed.
6.17. When the payment request is generated for the Publisher, the customer's information regarding his identity and activity is verified by our team to comply with our legal obligations and tax responsibilities. These checks ensure the security and the accuracy of the information in the account and minimize any discomfort that could arise later in the case of tax discrepancies.
a.In the case of legal entities, if the data from public sources proves that the company no longer exists/is dissolved, has ceased, or has suspended its activity, our compliance team will withdraw the verification and cancel the payment until the other way is confirmed.
Following these verifications carried out by our compliance team, the Company reserves the right to withhold or block the amounts from the Publisher's account and cancel the payment request or deactivate the user account.
6.18. As a rule, all our legal partners have the obligation and the responsibility to announce any change of business nature which could affect their relationship with the Company. In this case, You can contact our Compliance team using the following email address: [email protected].
6.19. Our Compliance team could cancel the payment or / and deactivate the account of the Publisher without being limited to the following situations:
- The legal entity registered in Sevio’s Program no longer exists/is dissolved, suspended, or has any other status with which the Company could not be part of a business relationship.
- The legal entity registered as a user of Sevio’s Program refuses to collaborate and update its billing information with accurate information.
- The Company discovers that the Publisher's websites registered on Sevio’s Program receive bot traffic.
- Or any other situation that could affect the Company, the Sevio’s Program or Sevio’s Advertising activity and its partners.
6.20. Please note, that continuously, our compliance team is monitoring the users of Sevio’s Program as a part of the Company's responsibility to comply with the anti-money laundering laws, protect our users and partners, by offering them security in making transactions with Sevio, and ensure our integrity is never compromised by unlawful activity on Sevio’s Program.

07. REPRESENTATION AND WARRANTIES

7.1. You represent and warrant that You have full authority and power to enter into this Agreement and perform its obligations hereunder.
7.2. You represent and warrant that You are not using the Sevio Platform for any illegal purposes that may violate any applicable laws or rights of any third parties (including intellectual property rights).
7.3. You accept and acknowledge that the Company will not be liable in any way for any damages, losses, costs of any kind, arising from the violation by the Advertisers of their obligations.
7.4. Publishers represent and warrant that they have the necessary permits and licenses for the display of the advertising and/or to publish press releases.
7.5. IMPORTANT NOTE! The Company draws the attention to Publishers who accumulate funds in the Sevio platform that these amounts - available in each user account - have a notional value, calculated and administered at our discretion. Therefore, this value doesn't represent an effective amount the Publishers are entitled to withdraw. The Company reserves the right to limit the clients' access to these amounts depending on the circumstances and to conduct additional checks on the users' activity on Sevio platform before validating the withdrawal requests of Publishers.

08. CONFIDENTIALITY

8.1. You agree to keep all the details of this contractual relationship confidential (any information or data, including, but not limited to, data that may result from both the submitted documents and the exchange of e-mails between us: information about our customers and business partners, our products and services, technology, software, statistics, price rates and any other information that is non-public, sensitive, or should be considered by them a commercial secret and should therefore be confidential), and not to disclose information of any nature exchanged (including communication sent to them by us) before or during the term of the Agreement to any third parties.
8.2. You will take reasonable steps to ensure the confidentiality of the sensitive information, including but not limited to at least the same measure of protection that You apply to Your data of similar nature, and shall not disclose confidential information to any person or entity other than Your officers, employees, and consultants who need access to such confidential information to effect the intent of this Agreement and who have entered into written confidentiality agreements with them consistent with this section.
8.3. You undertake not to use or share any information about the Advertisers or the Publishers directly or indirectly for Your own/third party’s commercial benefit or to compete or cause prejudice to our activities or clients in any manner whatsoever.
8.4. The obligation of confidentiality will not apply in the case of authorized use or disclosure when it is required by law or the competent authorities or if the information is already or becomes available to the general public other than through unauthorized disclosure.

09. TERMINATION OF THE AGREEMENT AT THE INITIATIVE OF THE USER/THE COMPANY

9.1. You have the right to terminate the Agreement established with the Company under this set of Terms and Conditions at any time, subject to a notice period of 14 days. The termination may be accomplished by requesting the Company to delete the user account.
9.2. If You terminate the Agreement and this is not due to Your fault, You have the right to request payment of the due fee for the advertising services provided.
9.3. The Company reserves the right to terminate this Agreement at any given time, subject to a 24h notification sent via email to You. In such case, You will be entitled at the amounts owed by the Company for the services provided, in case of termination for reasons not attributable to You. The amounts owed to Publisher is given by the value recorded for informative purposes from time to time in Your Sevio’s account.

10. MODIFICATION AND TERMINATION OF THE AGREEMENT AT THE INITIATIVE OF THE COMPANY

A) SUSPENSION AND TERMINATION FOR REASONS NOT ATTRIBUTABLE TO THE USER

10.1. The Company may periodically modify and improve the Sevio’s Program Services provided through it. The Company may add or remove functionality or functions to the Program. The Company may also suspend or terminate partially or completely temporarily or permanently the operation of the Program and/or the provision of any of the Services.
10.2. At least 15 days prior to any amendment to the Terms and Conditions (made, e.g., to correspond to changes in the legislation or Services provided by the Company), the Company will publish a notice into Your account regarding the change in the Terms and Conditions. The information will cover the provisions to be amended and the date on which the updated version of the Terms and Conditions will enter into force by publication in accordance with the above provisions. Please check Your account frequently to stay informed on all the updates of the Terms and Conditions.
10.3. During the notice period regarding the modification of the Terms and Conditions, You have the right to terminate the Agreement by sending a written notification. In this case, the Agreement terminates within 15 days from the transmission of the written notice of termination (and You will no longer be able to use the Company's Services), unless a shorter period has been provided for in the notice. Continuance to use the account after expiration of such terms is considered acceptance of the relevant amendments.
10.4. THE MINIMUM NOTICE PERIOD OF 15 DAYS SHALL NOT APPLY IF:
- the amendment is subject to a legal or regulatory obligation under which there is an obligation to amend the Terms and Conditions;
- the change must be implemented to deal with an unforeseen and imminent threat to the protection of the Services or Users from fraud, malware, spam, data security breaches, or other cyber security risks.
10.5. The Company reserves the right to terminate the Agreement established under this set of Terms and Conditions (or any other set of additional applicable terms and conditions), based on prior written notice, if the User does not comply with these Terms and Conditions and/or any other sets of additional terms and conditions or applicable legal provisions.
10.6. In such cases, the Company may limit or exclude User access to the Services, or may deactivate, temporarily or permanently, and/or delete the User's account.
10.7. The Company reserves the right to deactivate, temporarily or permanently, and/or to delete the user account, based on prior written information, in particular, in the following cases:
a. The User repeatedly violates the provisions of this set of Terms and Conditions, including other terms and conditions applicable to the Services;

b. The User does not apply technical security measures to protect the account registered on the Sevio’s Program;

c. The User uses the Sevio’s Program to copy its content or information about the Services provided through the Program.

d. The User is involved in the analysis and/or automatic reading of software, directories, data or content concerning the Sevio’s Program and/or the Services offered through the Program and/or, in any way, violates the provisions of the Terms and Conditions;

e. In any other way, the User carries out an illegal, fraudulent, or manipulative activity in the context of using the any Service.

11. FORCE MAJEURE

11.1. In cases of force majeure, the Company will be released from its obligations.
11.2. All unforeseen events shall be considered force majeure events. Such events will include in particular legal measures in strike situations, also when they occur within third companies, official measures taken by the authorities, failure of communications networks and other providers' portals, disruptions to network operators and other failures, also where such events occur at the level of subcontractors, sub-suppliers, and their subcontractors.

12. LIMITATION OF LIABILITY

12.1. The Company wants to offer access to the Sevio’s Program and its Services to as many potential Publishers as possible. However, given the technical diversity of hardware devices, operating systems, and other technical specifications, the Company does not guarantee the compatibility and proper functioning of all devices and operating systems used by Publishers.
12.2. Liability for the proper functioning of the Sevio’s Program as well as for the availability of any Service is excluded. In particular, the Company excludes any warranty that:
a. the Sevio’s Program will operate without interruption.

b. the defects will be remedied, that the Sevio’s Program or the server that makes it available does not contain viruses and other harmful components;

c. the information available on the Sevio’s Program and the materials provided as part of the Services offered are correct, accurate, provided in real time or secure in any other way.
12.3. The Company reserves the right to deny Users access to the Website at any time, for justified reasons or reasons out of its reasonable control.
12.4. The Company cannot be held liable for any malfunctions or difficulties in using the Sevio’s Program or any Service caused by the operation of the IT devices used by Users, power outages, malfunctions of communication networks, and other technique problems related to the equipment/services offered by third parties directly to the Users and for which the Company is not responsible.
12.5. Except for intentional conduct or gross negligence, the Company's liability will be limited to the damages foreseeable at the time of concluding the contract, but not exceeding the amount of fees paid by the User for the relevant Services for the corresponding contract period.
12.6. The Company shall not be liable for any loss or damage incurred by Advertisers or Publishers, resulting from or in connection with the use/provision of the Services. The Company is not responsible and does not have the capacity and/or obligation to control or influence the Advertisers or Publishers in respecting the legislation in force and/or the rights of third parties.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. Intellectual property rights over the Sevio Platform:
a. The content, design, structure, software platform, as well as any other materials used within the Website are protected by the national and international laws regarding intellectual property rights.

b. The Company offers Users a personal, global, free, non-transferable, and non- exclusive license to use the Program. This license is for the sole purpose of enabling the User to access the Company's Services, as provided by the Company, in accordance with the provisions of this set of Terms and Conditions;

c. The User has no right to copy, modify, distribute, sell, or rent any part of the Sevio’s Program. The User has no right to redo or attempt to extract the source code of t the Sevio’s Program, unless the User has the written permission of the Company.

d. Any trademarks, signs, or logos (hereinafter collectively the "Trademarks") displayed on the the Sevio’s Program or in connection with the Company's Services are registered and/or unregistered Trademarks belonging to the Company. No content or section of the Sevio’s Program and/or any reference to the Services may be construed as representing a license or other right granted to the User to use any Trademarks or any derivative thereof.

e. With the written consent of the Company, Users may use the Trademarks, but under no circumstances are they allowed to label the Company as: "Official Partner", "Investor", "Advisor" or in any other similar way. The Users may use terms such as: "Partner", "Traffic Partner" or "Marketing Partner".
13.2. Following the provisions of the Copyright and Related Rights Act, 2000, as amended, Publishers and Advertisers guarantee that the content provided to us (text, information, data, graphics, images, audio, video, design, logos, compilations, and others) does not violate any copyright, trademark, trade secret or any other personal or proprietary right of any third party. The Company will consider in good faith that the advertising content is legal and usable for the purposes established with the Advertiser.

14. APPLICABLE LAW AND JURISDICTION

14.1. This set of Terms and Conditions will be governed by and construed in accordance with the laws of Ireland, and any disputes or litigations between the Company and Users in connection therewith shall be settled by the Irish courts having jurisdiction over Company's headquarters.

15. FINAL PROVISIONS

15.1. Users cannot assign the rights and obligations under this set of Terms and Conditions (or any part thereof) without the written consent of the Company. The Company may assign the rights and obligations under this set of Terms and Conditions.
15.2. If any term or provision of this set of Terms and Conditions or of any document included or referred to in this set of Terms and Conditions is considered by a competent court to be contrary to law, the respective term will be removed from this set of Terms and Conditions, and the rest of the provisions in this set of Terms and Conditions will not be affected. Also, to the extent permitted by law, the application of that provision to individuals/legal entities or circumstances other than those to whom it is invalid or inapplicable shall not be affected by its nullity. Each provision of this set of Terms and Conditions shall be valid and applicable to the extent permitted by law.
15.3. In the event of discrepancies between this set of Terms and Conditions and the specific terms and conditions, the specific terms and conditions will prevail.
15.4. This set of Terms and Conditions governs the relationship between the Company and the User. Unless expressly stated otherwise, it does not create any rights for third parties. No provision of this set of Terms and Conditions shall be construed as establishing between the User and the Company a partnership, a joint venture, a principal-agent, or employee-employer relationship. Neither party shall have any right, power, or authority, express or implied, to legally represent the other.
15.5. In addition to this set of Terms and Conditions, we also publish a Privacy Policy. Although not part of this set of Terms and Conditions, we encourage You to read it to understand how we may process Your personal data, what Your rights are, and how You can exercise them.

16. CONTACT

16.1. The company can be contacted regarding these Terms and Conditions at the e-mail address: [email protected]
16.2. Unless the User communicates any changes, notifications will be sent to the contact details provided by the User, and such notifications will be deemed received by the User.

Terms & Conditions

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