Terms and conditions
Introduction
These terms and conditions (“Terms”, “Agreement”) are an agreement between Website Operator (“Website Operator”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the ppcdatafeed.com website and any of its products or services (collectively, “Website” or “Services”).
By using the ppcdatafeed.com website and application, or any other services (collectively, ‘Services’), you are agreeing to be bound by the following terms and conditions (‘Terms of Service’).
PPCDATAFEED reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://ppcdatafeed.com/terms/.
Accounts and membership
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. If you create an account on the Website or Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
By providing PPCDATAFEED with your account information for Google or (other) Shopping Engines, you understand that PPCDATAFEED may get access to all data in those accounts. PPCDATAFEED may use this information to operate its Service, provide statistics to you or include this data in public, aggregated reports about the performance and activities of all PPCDATAFEED customers. Under no circumstances will PPCDATAFEED ever share, disclose, sell, or permit access to your individual data to external parties.
You are responsible for all activity that occurs under your account, also when that activity is performed by others who have access to your account or who have accounts under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Billing and payments
The Service and the prices for the Service (“Service Fee”) are described in the service descriptions available on PPCDATAFEED website (“https://ppcdatafeed.com/pricing/”). PPCDATAFEED may from time to time offer trials of the Service for a specified period without payment. PPCDATAFEED reserves the right, in its sole discretion, to determine Customer’s eligibility for a free trial and, subject to applicable laws, to withdraw or to modify an offer trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For a free trial of the Service, PPCDATAFEED may require Customer to provide payment details to start the trial. At the end of such trial, PPCDATAFEED may automatically start to charge the applicable service fees for the Service immediately after the end of the free trial in accordance with Section Payment Terms and according to the price list on PPCDATAFEED website. The applicable subscription to the Service must be cancelled through Customer’s account’s subscription page, or the Service must be terminated in its entirety, before the end of the trial period in case Customer does not accept the applicable prices provided on PPCDATAFEED website. Customer shall ensure that the authorised Users use the Service in compliance with this Agreement. Misuse of the Service by Customer or any User may lead to termination of the Agreement or suspension or denial of access to the Service.
A valid credit card is required for a PPCDATAFEED account.
Credit card payments are made securely through SSL-encryption by our certified payment partners. Your full credit card details will never be viewed or stored by PPCDATAFEED at any point.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change services and service pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The price for the Services (= License Fee) provided to the Customer under the Contract is based on the total number of active (which is used for feed exports or inventory campaigns) products found in all FEEDs of the products that Customer uploaded to the PPCDATAFEED Application. The fee will be calculated based on your current active products and changed from your balance daily.
If the clients trial period is ended and the balance is exhausted, all the data source, inventory campaign, feed export synchronizations will be stopped automatically.
Cancellation and termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by contacting support.
Upon cancellation, PPCDATAFEED will delete all product data that you submitted (source feeds) and all feeds that you created for various channels.
After the cancelation you will be refunded by amount in your current PPCDATAFEED account balance.
Backups
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Website and Application Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with and Application Operator. All trademarks, service marks, graphics and logos used in connection with our Website and Application or Services, are trademarks or registered trademarks of Website Operator or Website and Application Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website and Application or Services may be the trademarks of other third-parties. Your use of our Website and Application and Services grants you no right or license to reproduce or otherwise use any Website and Application Operator or third-party trademarks.
PPCDATAFEED claims no intellectual property rights over the data you provide to the Service. Your profile and data imported remain yours.
The content of the ppcdatafeed.com website and the look and feel of the Service is copyright© PPCDATAFEED. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the expressed written permission from PPCDATAFEED.
Confidentiality and Npn-Disclosure
In order to provide our services, PPCDATAFEED will have access to some of your Confidential Information, about products, prices, performance data from Google Analytics and other sources and other information that is not generally known or should be reasonably understood to be confidential or proprietary.
PPCDATAFEED shall use the Confidential Information only to provide its services; we will keep it confidential as our own and we will not disclose it to any third party or non-employee. PPCDATAFEED-employees do have access to the Confidential Information on a need-to-know basis and they are aware of the confidential nature of the information and bound to confidentiality by contract.
When you cancel our services, or at any time at your request, we shall immediately remove all Confidential Information from our servers and any other media.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Website and Application Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Vilniaus, Lithuania without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Lithuania. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Vilniaus, Lithuania, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
General conditions
Your use of the PPCDATAFEED Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis.
Technical support is only provided to account holders and may only be available via email depending on the time of day and/or the plan.
You understand that PPCDATAFEED uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Your content may be transmitted, possibly unencrypted, over various networks.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the PPCDATAFEED Service.
PPCDATAFEED does not sign up for any Shopping channel – you must create your own accounts. PPCDATAFEED is not responsible for any cost that you incur on a shopping channel. PPCDATAFEED does not guarantee any position or placement on any Shopping channel. PPCDATAFEED does not guarantee that any categorization by PPCDATAFEED or by you, will get your products submitted in the proper categories of the shopping channels that you select.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PPCDATAFEED.
PPCDATAFEED does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
The failure of PPCDATAFEED to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PPCDATAFEED and govern your use of the Service, superseding any prior agreements between you and PPCDATAFEED (including, but not limited to, any prior versions of the Terms of Service).
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on April 1, 2021