Terms of Service. Last Update: August 1, 2022

Please read carefully our PUBLIC OFFER for further successful cooperation with us. By using the Services of the Adheart (hereinafter referred to as “Adheart”, “us”, “we”, and “our”), you automatically confirm your informed consent to this PUBLIC OFFER.


You may be referred to as “you” or the “User” in this Agreement.


1. DEFINITIONS


1.1. The terms we can use in this Agreement:


1.1.1. “Adheart” – HRET International Development LTD Agias Faneromenis, 143, PATSIAS COURT, 2nd floor, Flat/Office 201, 6031, Larnaca, Cyprus, whose Services are available at the Website.


1.1.2. “Personal Account” - the User’s account on the Website through which the User can use the Services. Personal Account allows the User to track the expiration date of use of the Services, to renew them, to participate in our referral programme.


1.1.3. “Personal data” - any information relating directly or indirectly to a specific or identifiable subject of personal data (“User”).


1.1.4. “User of the Website” (hereinafter - “User”) - a person who has access to the Website via the Internet and/or uses the Services.


1.1.5. “Adheart’s Services” (hereinafter “Services”) – consulting services for analytics, collection and tracking of data about an advertisement of the Facebook advertising network, which include:

- providing the User with access to the catalog of advertisements identified by Adheart; - providing the User with access to the catalog of mobile applications identified by Adheart.

1.1.6. “Form “Order Form” (hereinafter - “Order Form”) - an online form that allows the User to make an order for the Services on the Website and which specifies the rental period as well as the method of payment.


2. GENERAL INFORMATION


2.1. The PUBLIC OFFER Adheart (hereinafter referred to as the “Agreement”) applies to the Services available on the website https://adheart.me (hereinafter referred to as the “Website”).


2.2. By accessing the Website and/or using the Services, the User agrees to this Agreement and concludes a legally binding agreement with HRET International Development LTD (hereinafter referred to as “ADheart”).


2.3. The User has the right to visit the Website and/or use the Adheart’s Services only if he fully agrees with this Agreement. If the User utilizes the Adheart’s Services, this means that he confirms his informed consent to this Agreement, any other appendices to this Agreement related to the use of any Adheart’s Services, as well as any other documents referred to in this Agreement.


2.4. If the User does not carefully read, do not fully understand, or do not agree with this Agreement, the User must immediately leave the Website and stop using the Services.


2.5. By accepting this Agreement, you agree with its terms. You accept this Agreement when (1) you check the box indicating acceptance of the Agreement at the moment of the creation of your Personal Account.


2.6. This Agreement becomes effective between the User and HRET International Development LTD as of the date of the User’s acceptance of this Agreement.


2.7. This Agreement is applied only to the Website. ADheart does not control and is not responsible for the third parties’ websites, which the User can find following the links available on the Website.


3. THE SUBJECT OF THE AGREEMENT


3.1. Adheart provides the User with the Services for the period specified in the applicable Order Form, and the User is obliged to pay for these Services and use them in accordance with this Agreement and the applicable law.


4. PROVISION OF ADHEART’S SERVICES


4.1. Adheart makes the Services available to the User pursuant to this Agreement, namely, provides the User with access to the Personal Account and when the Services are paid, opens access to the Services for the period specified in the Order Form and paid in the manner prescribed by this Agreement.


4.2. Adheart uses commercially reasonable efforts to make the purchased Services available 24 hours a day, 7 days a week, except for:

4.2.1. planned maintenance; 4.2.2. any unavailability caused by circumstances beyond Adheart’s reasonable control, including, for example, natural disasters, an act of government, flood, fire, earthquake, civil unrest, an act of terrorism, strike or other labour problem, inability to provide the Service due to the fault of third parties (for example, Internet service provider failure or delay or denial of service).

4.3. Adheart provides the Services in accordance with the applicable laws, this Agreement and the applicable Order Form.


4.4. Adheart does not control the activities of the User related to its use of the Services, or any other matters related to any services that the User provides or receives.


4.5. Adheart may collect statistical data, including the number of orders and other data related to the general activity of the User on the Website, including Cookies.


4.6. Adheart creates the User’s Personal Account for ordering.


4.7. Adheart may change, modify and update the Website without the notification and consent of the User.


4.8. Adheart has the right to set restrictions on the use of the Services in case the User violates the terms of this Agreement, inter alia, we may cancel access to the Services and/or block the User's Personal Account without refunding the prepayment for the Services.


4.9. Adheart may send messages, requests, advertising, informational or other notices to Users, including notices about the expiration of the use of the Services.


4.10. In order to ensure the security of the Website and the use of the Services by Users, as well as to improve the quality of the provision of such Services, Adheart may carry out preventive maintenance, which may entail the suspension of the Website.


4.11. Adheart may return you access to your Personal Account in case of hacking, loss, or change of login.


4.12. The User grants to Adheart a worldwide, perpetual, irrevocable, royalty-free license to place its name, commercial name, trademarks, and logos on the Website as well as to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by the User or Users relating to the operation of Adheart S’s Services and/or Adheart.


4.13. Adheart may assign its rights and/or obligations under this Agreement and/or transfer ownership of the Website to third parties without the consent of the User.


4.14. The User acknowledges and agrees that, despite the measures taken by Adheart , the Website may be compromised, including by hackers, Internet viruses, malware, system and software viruses, etc. Under such circumstances, Adheart may take corrective actions it deems necessary at its sole discretion, and the User acknowledges and agrees that Adheart shall not be liable to the User for any damage that it may suffer due to such actions.


5. USE OF THE SERVICES

5.1. After the ordering, the User can use Adheart Services, namely obtain access and use the Services for the period specified in the Order Form.


5.2. The User is obliged:


5.2.1. use the Services solely for personal publications;

5.2.2. to be responsible for Users’ compliance with this Agreement and terms of Order Forms;

5.2.3. to comply with all applicable laws and any other contractual terms governing the use of Adheart ’s Services, including specific legal rules applicable to the User, not to take actions that may be considered as a violation of applicable law or international law, as well as any actions that lead or may lead to a disruption of the proper functioning of the Website;

5.2.4. to make a payment for full access to the Adheart Services by making a bona fide transaction;

5.2.5. to be personally liable for the use of the Services;

5.2.6. to be responsible for the accuracy, quality and legality of the User’s personal data provided by the User;

5.2.7. to make payments in a timely manner and in accordance with the terms of this Agreement and the applicable Order Form;

5.2.8. to use commercially reasonable efforts to prevent unauthorized access to or use of the Services by third parties and notify Adheart promptly of any such unauthorized access or use;


5.3. The User shall not:

5.3.1. refrain from actions that may damage Adheart, the Website or other Users, not spread defamatory and unfounded statements about Adheart and/or other Users;

5.3.2 refrain from parsing data (the process of collecting data with its subsequent processing and analysis) received within the Adheart Services;

5.3.3. make any Service available to anyone other than Users, or use any Service for the benefit of anyone other than the User, unless expressly stated otherwise in the Order Form or specifically agreed between the User and Adheart;

5.3.4. sell, resell, license, sublicense, distribute, make available, rent or lease any Service, without Adheart ’s prior written consent;

5.3.5. interfere with or disrupt the integrity or operation of the Services or third-party data contained therein, take action to expose the vulnerability of the Website or aimed at hacking the Website;

5.3.6. attempt to gain unauthorized access to any Service or its related systems or networks;

5.3.7. modify, copy, or create derivative works based on the Service and/or the Website or any part, feature, function or user interface thereof, without Adheart ’s prior written consent;

5.3.8. frame or mirror any part of the Website and/or any Service, other than framing on the User’s own intranets or otherwise for its own internal business purposes, without Adheart ’s prior written consent;

5.3.9. disassemble, remodel, or decompile the Service or access it to build a competitive service;

5.3.10. register fictitious Personal Accounts to receive payments under the referral program.


5.4. Access to Services is prohibited for such purposes: monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. ADheart’s direct competitors are prohibited from accessing the Services, except with ADheart’s prior written consent.


5.5. Any person who is not a User under this Agreement, and who uses the Services and/or the Website, undertakes to follow the procedure for use of Adheart’s Services to the same extent as the User.


5.6. Any use of the Services in breach of the foregoing by the User or Users that in Adheart ’s judgment threatens the security, integrity, or availability of Adheart ’s Services, may result in Adheart ’s immediate suspension of the Services, however, Adheart will use commercially reasonable efforts under the circumstances to provide the User with notice and an opportunity to remedy such breach or threat prior to any such suspension, unless the actions of the User led to the need for immediate action on the part of Adheart .


6. REGISTRATION, SECURITY, AND ACCESS TO THE PERSONAL ACCOUNT


6.1. Prior to placing the order, a potential User should create a Personal Account. In order to create a Personal Account, the User must go through the registration process: provide a relevant e-mail address and set password.


6.2. While registering a Personal Account and using Adheart ’s Services, it is necessary to provide information. It is recommended to provide valid contact details as Adheart may use them to communicate with the User.


6.3. A Personal Account can be created only once. If the User renews the Services, it continues to use the same Personal Account. The relevant information on the period of the Services, access to which is open to the User, is entered into the Personal Account.


6.4. Adheart does not recommend posting or storing personal or confidential information in the Personal Account/on the Website and does not bear any responsibility in case of compromise, loss, or damage to any such information.


6.5. Adheart may change, suspend, terminate access to the User’s Personal Account or access to the Website:

6.5.1. if the User violates the applicable law;

6.5.2. if Adheart , at its own discretion, determines that the User has violated this Agreement;

6.5.3. under other circumstances, if Adheart deems it necessary.


Please write to [email protected] if you think that the suspension or termination of access occurred erroneously.


6.6. The User is solely responsible for the safety of his Personal Account.


7. FEES AND PAYMENT


7.1. Adheart provides paid Services. Prices for the Services are determined in accordance with the tariffs available on the Website and are mentioned in the USD.


7.2. Adheart ’s Services are paid in advance.


7.3. The User shall pay all fees specified in the Order Form. Except as otherwise specified herein or in the Order Form:

7.3.1. fees are based on the Services purchased and not actual usage;

7.3.2. payment obligations are non-cancelable and fees paid are non-refundable after 24 (twenty-four) hours from the ordering;

7.3.3. the purchased period of use of the Services cannot be reduced after the payment has been made.


7.4. If Adheart receives notification from the User with a request to return the Services before the expiration of 24 hours from the moment of payment, the entire amount of the prepayment will be refunded to the User within 14 (fourteen) business days. A refund request should be sent to [email protected]


7.5. Payments are made by the User through the online banking or payment systems provided for in the Order Form. In some cases, by prior arrangement, Adheart may issue an invoice to the User.


7.6. The User bears all costs for the transfer of funds, including the services of a banking institution and a financial agent.


7.7. The User is solely responsible for the correctness of payments made by it, for providing Adheart with complete and accurate information about the User’s payment details, as well as for notifying Adheart of any changes in such information. If the User’s payment details change, the User is solely responsible for payments made using outdated details.


7.8. Prices for the Adheart’s Services may be reviewed and changed by Adheart at its sole discretion unilaterally. New tariffs for the Services take effect from the moment they become available on the Website.


7.9. Adheart tariffs do not include taxes, other duties and mandatory contributions. The User is responsible for paying all such payments associated with his purchases under this Agreement. If Adheart has a legal obligation to pay or collect payments which the User is liable for under this section, Adheart will include them in the order amount.


8. REFERRAL PROGRAM AND REMUNERATION PAYMENT PROCEDURE


8.1. The User can use the referral link to receive additional rewards in accordance with the terms of the referral program.


8.2. The referral link becomes available to the User in the Personal Account immediately after registration.


8.3. The amount of remuneration for participation in the referral program is 10% of each first order made by the other User who registered using the mentioned referral link.


8.4. In order to receive payments under the referral program, the User undertakes to provide current bank details for the payment of remuneration. If the User does not provide their bank details or doesn’t provide his relevant details, Adheart is not responsible for non-payment of remuneration.


9. INTELLECTUAL PROPERTY RIGHTS


9.1. Subject to the limited rights expressly granted hereunder, Adheart reserves all the rights, titles and interests in and to the Services, including all of their related intellectual property rights. No rights are granted to the User hereunder other than as expressly set forth herein.


10. CONFIDENTIALITY


10.1. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.


10.2. Confidential Information of the User includes the User’s data.


10.3. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party and the content of communications between the parties.


10.4. However, Confidential Information does not include any information that:

10.4.1 is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,

10.4.2 was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,

10.4.3. is received from a third party without breach of any obligation owed to the Disclosing Party, or

10.4.4. was independently developed by the Receiving Party.


10.5. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care).


10.6. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

Adheart may disclose the information to their subcontractors and partners to the extent necessary to perform Adheart’s obligations under this Agreement.


11. RESPONSIBILITY


11.1. The Parties agree that in no event shall the aggregate liability of each party arising out of or related to this Agreement exceed the total amount paid by the User hereunder for the Services giving rise to the liability.


11.2. Adheart is not responsible for the User’s actions committed as a result of using Adheart’s Services, including the User’s use of the Services in violation of applicable law or international law, violation by the User of its obligations to third parties, etc.


11.3. The User agrees that Adheart is not responsible for the behaviour of any other Users or third parties, as well as for the accuracy, reliability and relevance of the information they provide and any claims, damages and losses arising in connection with the User's use of the Website and/or Services.


11.4. Adheart shall by no means be held liable for:

11.4.1. any problem, fault or error that occurs due to use of the Service in a way that does not comply with the instructions, procedures or other specifications given by Adheart or due to breach by the User of any of its obligations under the Agreement,

11.4.2. problems occurring due to further use of the Service in conjunction with software or hardware that is incompatible with the User’s operating system for which the Service has been provided,

11.4.3. introduction of a computer virus affecting the correct operation of Adheart’s Website,

11.4.4. the intrusion of a third party into the computer system affecting the correct operation of Adheart’s Website,

11.4.5. a change in the host or hosting system,

11.4.6. a network failure making Adheart’s website inaccessible.


11.5. In any case, in the context of this Agreement, Adheart’s financial liability will be limited to one hundred per cent (100%) of the payment paid by the User for the Service. It is agreed that if one or more events generated the same damage or loss, all these events would then be considered as one single event.


12. TERM AND TERMINATION


12.1. This Agreement becomes effective when the User accepts this Agreement, while registering his Personal account. The Agreement is valid until the term for the provision of all Services under this Agreement expires or until the Services are terminated.


12.2. The term for the provision of each Service is indicated in the relevant Order Form and is also displayed in the User’s Personal Account. Upon the expiration of the term for the provision of the Services, the User receives an automatic notification from Adheart. At any time, prior to or after the end of the term for the provision of the Services, the User can choose the period for which he prefers to renew the Services. The Services can be renewed through the Personal Account by creating a new order. The renewal of the Services will be according to Adheart’s applicable list price in effect at the moment of the applicable renewal.


12.3. If the User violates the terms of this Agreement, Adheart may terminate this Agreement unilaterally and terminate the provision of Adheart’s Services. The sections titled “Definitions”, “General Information”, “Fees and Payment”, “Intellectual Proprietary Rights”, “Confidentiality”, “Responsibility”, “Term and Termination”, “Disputes Resolution and Jurisdiction” will survive in case of any termination or expiration of this Agreement, and the parties’ obligations under section titled “Confidentiality” will survive in case of any termination or expiration of this Agreement for so long as parties retain possession of data of the other party.


13. DISPUTES RESOLUTION AND JURISDICTION


13.1. All issues or conflicts between the parties over the Policy's execution must be handled through dialogue. It is mandatory to send firstly a claim to another Party (a written proposal for a voluntary settlement of the dispute).


13.2. The recipient of the claim notifies the claimant in writing of the results of the consideration of the claim within 30 calendar days from the date of receipt of the claim.


13.3. If the parties do not reach an agreement within 50 (fifty) days, the matter may be brought before a court in Adheart's jurisdiction.


13.4. The current legislation of Cyprus is applied to this Agreement and the relationship between the User, the Administration and Adheart.


14. OTHER PROVISIONS


14.1. This Agreement is the entire agreement between Adheart and the User regarding the User’s use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be:

(1) the applicable Order Form;

(2) this Agreement.


14.2. Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.


14.3. Modification of the Agreement. The Agreement may be amended or supplemented by Adheart at any time without notifying the User. The new version of the Agreement comes into force from the moment it becomes available on the Website.


14.4. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.


14.5. This Agreement is made in English and it is governed, construed, and interpreted in accordance with the applicable laws.


14.6. If you have any questions about our Website or your interaction with this Website, please contact us. All suggestions or questions regarding this Policy should be directed to [email protected] We look forward to a successful cooperation!


14.7. The current Privacy Policy is posted on the web page at https://adheart.me/agreement/.


15. OUR DETAILS


Name: HRET International Development LTD

Registration number: HE 436518

Registration address: Agias Faneromenis, 143; PATSIAS COURT, 2nd floor, Flat/Office 201; 6031, Larnaca, Cyprus

Email: [email protected] .