Terms and Conditions

Aleph shall provide a scope of services, which include, but are not limited to, providing local support, strategic campaign consulting, optimization recommendations, presenting new products, and reporting (collectively referred to as the “Services”). These Terms and Conditions (hereinafter referred to as the “Terms”) govern your use of the Services, which are offered subject to your compliance with these Terms.

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. You further represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms. If you are accessing or using the Services on behalf of a legal entity, you represent and warrant that you are duly authorized to act on behalf of such entity and to bind it to these Terms.

Your use of the Services is also subject to your compliance with the applicable terms and conditions of Google Inc., including its Terms of Service and any service-specific additional terms (collectively, “Google’s Terms”), as they may apply to the Services. These Terms and Google’s Terms may be amended or updated from time to time at the sole discretion of Aleph and Google, respectively. It is your responsibility to regularly review and comply with the then-current versions of both the Terms and Google’s Terms.

Our Privacy Policy outlines how we collect, use, and safeguard your personal data when you engage with our Services, irrespective of your location, and provides information regarding your privacy rights and the legal protections afforded to you.

In certain instances, the use of the Services may require you to register and create an account with third-party providers, which may involve the submission of personal data and the creation of a password. Aleph disclaims any responsibility or liability for lost, stolen, or compromised passwords, or for any unauthorized access to or activity within such accounts.

Furthermore, Aleph has no control over, and shall not be held responsible for, the data privacy, collection, use, or disclosure practices of any third-party websites or service providers. The processing of your personal data by any such third party in connection with the use of the Services is governed solely by that third party’s privacy policies and practices. You are strongly encouraged to review the privacy policies of any third-party website or service provider that collects or processes your personal data.

You acknowledge and agree that you are solely responsible for any data, text, audio, video, images, or other content that you create, transmit, or display while using the Services (collectively, the “Content”), as well as for the consequences of your advertising activities and any actions taken in connection therewith.

You further represent and warrant that your Content and advertising activities:

• do not violate any applicable law or regulation, including, without limitation, laws and regulations relating to false or misleading advertising, sweepstakes, gambling, file-sharing, or trade disparagement;
• do not contain any misrepresentations, defamatory content, or material that infringes upon any rights of privacy or publicity;
• do not include or promote any adult sexual content, pornographic material, child pornography, or link(s) to such content;
• do not include or link to any malware, spyware, viruses, or other malicious code;
• do not include or link to software piracy;
• do not include or link to any content, product, or service that is unlawful, including but not limited to drugs, drug paraphernalia, or controlled substances;
• do not contain gratuitous depictions of violence, incitement to self-harm, obscene or offensive language, abusive content, or material that threatens or endorses physical harm;
• do not promote or endorse hatred or discrimination of any kind, including but not limited to that based on race, ethnicity, political affiliation, religion, gender, sexual orientation, or personal characteristics;
• do not infringe upon any intellectual property or proprietary rights, including but not limited to copyrights, related rights, moral rights, database rights, trademarks, patents, trade secrets, or other protected interests; and
• are in full compliance with Google’s Terms and any other applicable laws, rules, or regulations governing your use of the Services or your advertising activities.

You shall be liable for any losses or damages arising from your Content and your advertising activities or actions, including any loss or damage which Aleph may suffer as a result thereto. Aleph shall have no liability for your content and advertising activities, or any products, forms, formats, action or omissions of any other party, or any failure or delay by any other party in performing or observing the Services hereunder, including that of Google.

Aleph, and its affiliates, own and retain all right, title, and interest, including all intellectual property rights, in and to the Service and all technologies related thereto. Aleph also owns and retains all rights in its trademarks, logos and other Aleph brand elements. You will be and remain the owner of all rights, title and interest in and to Content. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content, and for sharing any information, including account related information. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

To the fullest extent permitted by law, Aleph disclaims all warranties, express or implied, including without limitation for noninfringement, satisfactory quality, merchantability and fitness for any purpose. To the fullest extent permitted by law, Aleph disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) costs per click or impression, (ii) click through rates, (iii) availability and delivery of any impressions, ads, or targets, (iv) any user actions, (v) conversions or other results for any ads or targets, (vi) the accuracy of data (including currency exchange rate data and any data-related targeting features) on any Google products.

Aleph can immediately suspend all of the Services, in case you do not comply with these Terms or if the provision of the Services would be prohibited by law, regulation, or any judicial or administrative decision, or requested by Google.

While providing the Services, Aleph shall have access to certain information, that you might consider confidential, including but not limited to: account ids, budgets, address, email address, phone numbers (hereinafter also “Confidential Information”). You hereby consent to Aleph disclosing such Confidential Information (i) to Aleph affiliates and their respective personnel, in any case, whether located within or outside of EU, (ii) third party providers, if the disclosure is necessary for provision of Services, and (iii) as may be required by law, regulation, or in connection with any judicial or administrative process. For all other disclosures, Aleph will obtain your prior written approval.

All disputes arising out of or in connection with these Terms shall be finally settled under the Arbitration Rules of the LCIA being in force at the time of commencement of arbitration by one (1) arbitrator appointed in accordance with the said rules. The seat of arbitration shall be London. The language of the proceedings shall be English.