Clever Ads | Terms and Conditions

Acceptance of the Terms and Conditions

Access to the Platform implies acceptance of these Terms and Conditions, as well as the different modifications and/or additional legal texts that CLEVER may include in the future.

By accepting the Terms and Conditions, the user agrees to act at all times in accordance with the provisions set out in the clauses of this legal text, which define the rights and obligations of CLEVER and the User with regards to the contractual relationship arising from the use of the services accessible through the Platform. These are the only Terms and Conditions applicable to the use of the Platform (without prejudice to the existence of specific conditions for certain services) and replace any other conditions.

By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and acquire the services present on the Platform.

Purpose

This Platform has been developed by CLEVER in order to offer free of charge or, when applicable, by means of a paid subscription, traffic generation and marketing services in favor of those businesses that operate through e-commerce platforms (such as, for example, Shopify, Prestashop, Bigcommerce, Woocommerce or Wix App market), by means of the creation of keywords, the generation and optimization of the ecommerce ads based on its products and categories, the insertion of a Google Ads conversion code and a remarketing tag that allows tracking of the campaign culminating in a detailed campaign report, and the retargeting and boosting of the ecommerce´s traffic by directing it, through advertising mechanisms, to the right audience (hereinafter, the “Services” or the “Service“).

The services described in the previous paragraph are aimed at professionals in the e-commerce sector who wish to boost and, therefore, obtain greater profitability from their business or online store (hereinafter, the “Users).

Operation of the Platform

In order for Users to enjoy the services offered by CLEVER through the Platform, they must take into account the following:

To proceed with the purchase of the Services made available to Users through the Platform, Users must enter their Google account username and password. Once the User has accessed the Platform, they must provide the information required by CLEVER about their online store, their target audience, the products or services they sell through the online store, as well as the offers they wish to provide and any other information that CLEVER may consider relevant for the provision of the Services.

Users are responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to their account and agree not to transfer their use to third parties, whether temporary or permanent, or to allow access to third parties.

By virtue of the above, Users must notify Google of any misuse of their Username and/or password, due to circumstances such as theft, loss or unauthorized access to the same, in order to proceed with their immediate cancellation, and may not make any claims against CLEVER.

The User guarantees that their data will be accurate, current and truthful. Furthermore, Users may cancel their account on the Platform at any time by following the instructions contained therein. Cancellation of the account by the User will result in the deletion of the Services acquired through the account.

User´s Conduct on the Platform

Users undertake to make lawful, diligent, honest and correct use of any information or content accessed through the Platform, and all under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.

In particular, but without limitation, any user visiting the Platform, as well as the Users shall not:

Register or communicate data that is not true, accurate, complete and/or updated, or access the Platform using the name, identification data or password of another user or impersonate any person or identity.
Use the Platform for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
Maliciously or intentionally cause damage or harm that may undermine or alter the Platform or introduce or disseminate computer viruses that may cause unauthorised alterations to the content or systems comprising the Platform. The User shall not scan or test the vulnerability of any of CLEVER´s system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by CLEVER to offer the services through the Platform
Create a Profile or use the Platform to post, use or re-use any material or material that contains any unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that violates any copyright, trademark or confidentiality, privacy or any other right, or otherwise injurious or objectionable to third parties, or which contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other form of “spam” and, in general, any conduct that may be deemed as unnecessary annoyance or inconvenience.
Download, send or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
Access the accounts of other users.
Use the tools that CLEVER makes available to the Users for purposes other than the optimisation of campaigns aimed at generating traffic to Users’ online shops.
Promote or encourage third parties to carry out any of the aforementioned practices or contribute to them.

CLEVER shall have the right to investigate and report any of the aforementioned conducts in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.

CLEVER reserves the right to deny any attempt to access the Platform, cancel accounts, delete or modify content, or cancel the provision of Services in cases of improper use of the Platform.

In particular, CLEVER reserves the right of admission and exclusion from its Platform. Any User who does not comply with the rules contained in these Terms and Conditions may be excluded from the Platform.

CLEVER undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a rapid and satisfactory solution to the incident, and also undertakes to remove any advertisement published on its Platform that infringes applicable laws as soon as it becomes aware of its existence.

Prices and methods of payment for the Services

The prices of the Services that appear on the CLEVER Platform shall be those reflected at all times on the Platform and shall include VAT.

Monthly Subscription

This subscription has three (3) plans:

Basic: The Basic plan is completely free and is intended for the ecommerce that wish to get simple campaigns and test the software or Services offered by CLEVER.
Pro: The Pro plan has a monthly cost of 29 Dollars and allows access to some more advanced features such as the creation of Google Shopping campaigns.
Premium: The Premium plan has a monthly cost of 49 Dollars and is intended for those businesses that wish to increase the performance of their campaigns through Google Ads.

Biannual Subscription

This subscription has three (3) plans:

Basic: The Basic plan is completely free and is intended for the ecommerce that wish to get simple campaigns and test the software or Services offered by CLEVER.
Pro: The Pro plan has a biannual cost of 120 Dollars and allows access to some more advanced features such as the creation of Google Shopping campaigns.
Premium: The Premium plan has a biannual cost of 200 Dollars and is intended for those businesses that wish to increase the performance of their campaigns through Google Ads.

Users will be able to make the corresponding payments by making use of the various payment gateways provided by the following E-Commerce Platforms:

Shopify
Bigcommerce
Wix

In the case of Woocommerce and Prestashop eCommerce, Users will be able to make the corresponding payments by making use of the following payment gateway:

Stripe

By clicking on “Authorize payment” the User unequivocally confirms that the credit card belongs to him/her and CLEVER shall not be held responsible in any case for fraudulent or illegal use of credit cards by third parties.

Furthermore, at no time during the purchase process can CLEVER know or store the information relating to the User’s credit card, transmitted via secure connection with encryption protocol directly to the site of the entity that manages the electronic payment.

Intellectual Property

All rights to the content, design and source code of this Platform and, in particular, including but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data included in the Platform and any other intellectual and industrial property rights are owned by CLEVER, or by third parties who have expressly authorised CLEVER to use them on its Platform.

Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the current legal provisions on the subject (hereinafter, “Intellectual Property Law”), as well as Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Platform, in any support and by any technical means, unless expressly authorised in writing by CLEVER.

Specifically, and by virtue of the provisions of national, European and international regulations on intellectual property, the use of all or part of the content of this website, and specifically the content created by CLEVER, for commercial purposes, in any medium and by any technical means, without the authorisation of CLEVER, is expressly prohibited.

CLEVER does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Platform, and under no circumstances shall it be understood that access and browsing by Users implies a waiver, transmission, licence or total or partial transfer of said rights by CLEVER.

Any use of such content not previously authorised by CLEVER shall be considered a serious breach of intellectual or industrial property rights and shall lead to the legally established liabilities.

Exclusion of liability

CLEVER does not provide any guarantee and shall not be liable, under any circumstances, for damages of any kind that may arise from access to or use of the content of the Platform. Among others, and by way of example and without limitation, CLEVER shall not be liable for the following circumstances:

The lack of availability, maintenance and effective operation of the Platform and/or its services or content, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform.
The lack of usefulness of the Platform or the contents for any service
For the content of other Internet sites that might be linked on the Platform.
The existence of viruses, malicious or harmful programs on the Platform
The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Platform or its contents, by Users, including any infringement of the Intellectual and/or Industrial Property rights of CLEVER or third parties.
Incidents caused by a lack of due diligence on the part of the User or by improper use of the Platform.
For the publication through the Platform of opinions, comments or messages and communications made therein that infringe the rules mentioned in these Terms and Conditions, applicable legislation or the rights of third parties, as well as the different modifications and/or additional legal texts that CLEVER may include on the Platform in the future.
Cases of force majeure, blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond CLEVER’s control that prevent the normal use of the Platform.

Data Protection

CLEVER guarantees the security and confidentiality of the personal data provided by Users in compliance with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regards to the processing of personal data and the free movement of such data (hereinafter, “GDPR“) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD“).

In this sense, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights:

Access their personal data;
Request the rectification of any inaccurate data;
Request of erasure of their data;
Request the restriction of processing their personal data;
Object to the processing of their data;
Request the portability of their data and,
Users shall also have the right not to be subject to decisions based solely on automated data processing.

Users may exercise all these rights by sending an e-mail to privacy@cleverppc.com, indicating the reason for their request and providing a copy of their National Identity Card.

Notwithstanding the above, in order to learn about all the details regarding the processing of personal data carried out by CLEVER, the User can find all this information on the privacy policy at the following link: https://www.cleverecommerce.com/privacy-policy/

Links and Third-Party Applications

The Platform may contain links that allow Users to access third party websites or Platforms. CLEVER assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by CLEVER, and which in no case necessarily imply any relationship, acceptance or endorsement between CLEVER and the persons or entities that own such content or the owners of the sites where they are located.

CLEVER’s services are integrated with applications, websites and services of third parties (Third Party Applications or Third-Party E-Commerce) to make their products, services and content available to Users. These Third-Party Applications may have their own Terms and Conditions, General Conditions of Use and Privacy Policy, and the use made by Users of these Applications is governed by these texts.

In this sense, Users understand and accept that CLEVER is not responsible for the behaviour, characteristics or content of the Third-Party Applications present on the Platform, as well as any transaction that the User may carry out through said Third-Party Applications.

Amendments

The information that appears on this Platform is current as of the date of its last update. CLEVER reserves the right to update, modify or delete the information on this Platform, as well as these Terms and Conditions, the Privacy Policy or any other information.

The entry into force of the changes or amendments conducted to the terms and conditions shall take place from the moment of their publication on this Platform.

Safeguard Clause

All clauses or terms of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by one or more other clauses that preserve the intended effects of the conditions of use.

Language

CLEVER may translate these Terms and Conditions or any other policy that may be published on the Platform. In any case, the Spanish version shall prevail in the event of conflict with other versions.

Law and Jurisdiction

The parties agree that these Terms and Conditions are subject to Spanish Law. Any dispute arising from the application, execution and interpretation of these Terms and Conditions shall be resolved by the Courts and Tribunals of the city of Madrid.