Last updated: 8th June 2021
Welcome to AdBuilder, a website provided by AdBuilder Holdings Ltd. (“AdBuilder”, “we”, “our”, or “us”). This page explains the terms by which you may access and use our online and/or mobile services and software provided on or in connection with adbuilder.io (collectively, “AdBuilder”).
AdBuilder reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access AdBuilder (“Users”).
Please read this agreement carefully to ensure that you understand each provision.
AdBuilder allows users to create optimised job adverts through an automated platform that generates four versions of your job adverts for you.
This is a contract between you and AdBuilder. You must read and agree to these terms before using AdBuilder. If you do not agree to the terms and conditions of this agreement, you do not have our permission to use AdBuilder. You may use AdBuilder only if you can form a binding contract with AdBuilder, and only in compliance with this agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to AdBuilder by anyone under eighteen (18) years of age is strictly prohibited and in violation of this agreement. AdBuilder is not available to any users previously removed from AdBuilder by AdBuilder unless with prior written permission from AdBuilder.
2.2. Limited license
Subject to the terms and conditions of this agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use AdBuilder as permitted by the features of AdBuilder. AdBuilder reserves all rights not expressly granted herein in AdBuilder and the AdBuilder content (as defined below). AdBuilder may terminate this license at any time for any reason or no reason.
2.3. AdBuilder accounts
Your account on AdBuilder (your “AdBuilder account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of AdBuilder accounts for different types of users.
If you open a AdBuilder account on behalf of a company, organisation, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this agreement, and that you agree to this agreement on the entity’s behalf.
By connecting to AdBuilder with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user’s AdBuilder account without permission. When creating your AdBuilder account, you must provide accurate and complete information, and you must keep this information up to date.
You are solely responsible for the activity that occurs on your AdBuilder account, and you must keep your AdBuilder account password secure.
We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your AdBuilder account.
You must notify AdBuilder immediately of any breach of security or unauthorised use of your AdBuilder account.
AdBuilder will not be liable for any losses caused by any unauthorised use of your AdBuilder account.
You may control your user profile and how you interact with AdBuilder by changing the settings in your settings page.
By providing AdBuilder your email address you consent to our using the email address to send you AdBuilder-related notices, including any notices required by law, in lieu of communication by postal mail.
With your consent, we may also use your email address to send you other messages, such as changes to features of AdBuilder and special offers.
If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link on the bottom of our emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The person who first completes the AdBuilder registration on behalf of any company, entity or organisation (“subscribing organisation”) is the initial “administrator” for purposes of such subscribing organisation’s use of AdBuilder, and exercises certain options to initially determine the level of access, privacy, and security for AdBuilder related to the subscribing organisation (“administrator account”).
For example, the administrator will determine who can be a user of AdBuilder under the subscribing organisation associated with that administrator and the level of privileges that such users will possess.
Once initial registration has been completed, each subscribing organisation will be able to register additional administrators.
Each administrator may designate other users as additional and/or successor administrators; provided that, each administrator is responsible for confirming that those person(s) accept such responsibility.
Upon becoming an administrator, each person will be deemed to agree to the obligations hereunder.
In addition, any person designated as the billing contact in the billing record for a subscribing organisation will be deemed to assume the rights and obligations of an administrator.
Administrator accounts must comply in all respects with all terms and conditions applicable to AdBuilder accounts.
You may choose to allow AdBuilder to automatically retrieve data from your system(s) or third-party systems or services on your behalf.
You hereby represent and warrant that you have the permission, authority, and rights to allow AdBuilder to so automatically access such system(s) and services and you hereby grant AdBuilder permission to access such system(s) and services and retrieve customer data (as defined below) therefrom by indicating the same within your AdBuilder account.
AdBuilder disclaims any and all liability associated with accessing and retrieving customer data from such system(s) and services on your or your subscribing organisation’s behalf.
In order to connect AdBuilder with any third-party service, you hereby designate AdBuilder as your agent and attorney-in-fact in connection with such service and further authorise is to:
(a) store your customer data relating to such service;
(b) access such service using customer data you provide us;
(c) use any materials you provide us in order to provide you AdBuilder;
(d) gather and export from such service any customer data reasonably necessary for us to provide AdBuilder to you; and
(e) otherwise take any action in connection with such service as is reasonably necessary for us to provide AdBuilder to you.
You agree that those third-party service providers are entitled to rely on the foregoing authorisation, agency, and power of attorney granted by you. If at any time you do not have the right and authority to allow AdBuilder automatic access to such system(s), then you hereby agree to immediately disable such functionality within your AdBuilder or administrator account.
AdBuilder allow Users to create bespoke job adverts. This is referred to as “User Content”.
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
In connection with your User Content, you affirm, represent and warrant the following:
– You have obtained and are solely responsible for obtaining all consents as may be required by law to publish any User Content online relating to third parties.
– Your User Content will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
– AdBuilder may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
– To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
AdBuilder takes no responsibility and assumes no liability for any User Content that you or any other User submits, provides or otherwise makes available over AdBuilder.
You shall be solely responsible for your User Content and the consequences of submitting it, providing it, or otherwise making it available on AdBuilder, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Except for your User Content, AdBuilder and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, job advert templates, photographs, audio, videos, music, and User Content belonging to other Users (the “AdBuilder Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AdBuilder and its licensors (including other Users who post User Content to AdBuilder).
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AdBuilder Content.
Use of the AdBuilder Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about AdBuilder, including without limitation about how to improve AdBuilder or our products (“Ideas”).
By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AdBuilder under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, AdBuilder does not waive any rights to use similar or related ideas previously known to AdBuilder, or developed by its employees, or obtained from sources other than you.
When you first create an AdBuilder account you will have 7 days free use of the app (the “Free Trial”).
We will charge you fees (“Fees”) for your use of AdBuilder. You agree to pay any and all Fees specified in an online order for your access and use of AdBuilder (“Ordering Document”).
Your Fees are based on the AdBuilder package that you select.
Fees will not be charged until your Free Trial is over.
For the most current information about our pricing and payment, please review our recruitment agency package prices, or our direct employer package prices (“Pricing”).
AdBuilder may add new services for additional fees and charges, and add or amend fees and charges for existing services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing.
Any change to our Pricing shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration and Fees for your use of AdBuilder, we agree that the Fees will remain in force for that duration.
8.2. Continuous Subscription Services: Automatic Billing and Policies
Unless otherwise provided in an Ordering Document any purchases for access and use of AdBuilder are on an automatically renewing subscription basis.
Your AdBuilder subscription will commence 7 days after the effective date of the ordering document and will automatically renew at the end of your Billing Period identified in your ordering document for subsequent terms equal in length to the initial Billing Period (each a “Billing Period”) unless and until you cancel your AdBuilder subscription in accordance with the cancellation procedures identified in section 7.4 of this agreement.
When you purchase AdBuilder, you expressly acknowledge and agree that: (1) AdBuilder is authorised to charge you at the beginning of each Billing Period the Fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of AdBuilder, subject to automatic adjustment as described in Section 7.3 of this Agreement, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or AdBuilder is suspended, discontinued or terminated in accordance with this Agreement.
You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in Fees in accordance with Sections 7.1 and 7.3 and you authorise us to charge your payment method for the changed amounts.
8.3. Automatic Upward and Downward Adjustments
Fees are charged according to the AdBuilder package you select for your business. For the initial Billing Period, you agree to pay the Fees for the package you select in your initial Ordering Document. For subsequent Billing Periods, your Fees will be charged based on your ongoing AdBuilder package.
You can upgrade or downgrade your AdBuilder package at any time. Should you upgrade your package then a pro-rated amount for the new AdBuilder package value (based on the current position within your Billing Period) will be calculated and immediately charged to your payment method. You will be subsequently charged that new amount for every subsequent Billing Period until you instruct us otherwise.
If you downgrade your AdBuilder package you will be charged the new, lesser package amount from the next Billing Period onwards. Until that point, you will still have access to your current AdBuilder package and all its features and benefits.
If you switch from monthly billing to annual billing, you will be immediately charged for the price of the annual package, with the amount prorated based on where you are in the current billing period.
If you switch from annual to monthly billing, this will take effect from the end of your current billing period.
8.4. Cancellation: Refunds
You may cancel your AdBuilder account and/or the AdBuilder services at any time, and you will continue to have access to your AdBuilder account and the AdBuilder services through the end of your billing period; however, there are no refunds for cancellation.
If you cancel your AdBuilder account, your AdBuilder account and the AdBuilder services will automatically terminate at the end of your current Billing Period.
To cancel the AdBuilder services, head to the Settings area of your AdBuilder account, then Billing, and follow the prompts to cancel your account.
If you cancel your AdBuilder account during your Free Trial period, no charge will be made and your access to your AdBuilder account will terminate immediately.
In the event that AdBuilder suspends or terminates your AdBuilder account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of AdBuilder, any content or data associated with your AdBuilder account, or for anything else.
To the extent there is a conflict or inconsistency between this Section and separate terms and conditions between you and AdBuilder with respect to any refunds, downgrades, term length and pricing, such separate terms and conditions shall control.
8.5. Payment Information: Taxes
We or our third-party payment processors will charge your Fees and any other charges you may incur to the payment method you provide when you register for a AdBuilder account or you identify in an Ordering Document.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with AdBuilder must be accurate, complete, and current.
You may change your payment method by changing the information in your AdBuilder account by heading to the Settings area, and then Billing.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with AdBuilder at the prices in effect when such charges are incurred.
If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to AdBuilder and we shall be under no obligation to provide any or all of AdBuilder while the Fees concerned remain unpaid.
This does not affect any other rights and remedies available to us.
You will pay any and all applicable taxes, if any, relating to any such payments of Fees, purchases, transactions or other monetary transactions.
All relevant geographical sales taxes (such as VAT) will be automatically added to the cost of any AdBuilder package.
Invoices will be available for you to download in the Settings area of your AdBuilder account.
AdBuilder uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
AdBuilder may contain links to third-party materials that are not owned or controlled by AdBuilder. AdBuilder does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
You expressly relieve AdBuilder from any and all liability arising from your use of any third-party website, service, or content, including without limitation user content submitted by other users.
Additionally, your dealings with or participation in promotions of advertisers found on AdBuilder, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.
You agree that AdBuilder shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless AdBuilder and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to AdBuilder, including any AdBuilder-generated job adverts that you publish online, other data or content transmitted or received by you;
(b) your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties above;
(c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
(d) your violation of any applicable law, rule or regulation;
(e) user content or any content that is submitted via your AdBuilder account including without limitation misleading, false, or inaccurate information;
(f) your wilful misconduct; or
(g) any other party’s access and use of AdBuilder with your unique username, password or other appropriate security code.
AdBuilder does not guarantee that any job advert you generate through it will mean that you recruit someone, and you agree to indemnify and hold harmless AdBuilder against the eventuality that you’re unable to recruit as a result of an AdBuilder-generated advert that you’ve published.
AdBuilder is provided on an “as is” and “as available” basis.
Use of AdBuilder is at your own risk. To the maximum extent permitted by applicable law, AdBuilder is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No advice or information, whether oral or written, obtained by you from or through AdBuilder will create any warranty not expressly stated herein.
Without limiting the foregoing, AdBuilder, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that AdBuilder will meet your requirements; that AdBuilder will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that AdBuilder is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of AdBuilder is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of AdBuilder.
Further, AdBuilder does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through AdBuilder or any hyperlinked website or service, and AdBuilder will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall AdBuilder, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, AdBuilder. Under no circumstances will AdBuilder be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of AdBuilder or your account or the information contained therein.
To the maximum extent permitted by applicable law, AdBuilder assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any interruption or cessation of transmission to or from AdBuilder;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through AdBuilder; and/or
(vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall AdBuilder, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AdBuilder hereunder or £100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AdBuilder has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This agreement gives you specific legal rights, and you may also have other rights which vary from region to region. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
These terms and conditions are governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland and you irrevocably submit to the exclusive jurisdiction of the courts in that country.
This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AdBuilder without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.2. Notification procedures and changes to the agreement
AdBuilder may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by AdBuilder in our sole discretion.
AdBuilder reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this agreement.
AdBuilder is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
AdBuilder may, in its sole discretion, modify or update this agreement from time to time, and so you should review this page periodically.
When we change the agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the agreement.
Your continued use of AdBuilder after any such change constitutes your acceptance of the new terms and conditions. If you do not agree to any of these terms or any future terms and conditions, do not use or access (or continue to access) AdBuilder.
16.3. No waiver
No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and AdBuilder’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this agreement.
16.5. Entire agreement/severability
This agreement, together with any amendments and any additional agreements you may enter into with AdBuilder in connection with AdBuilder, shall constitute the entire agreement between you and AdBuilder concerning AdBuilder. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal class action/jury trial waiver, the entire arbitration agreement shall be unenforceable.