1. Definitions

Advisionr: the provider of the Advisionr platform, which can be contacted at info@advisionr.com.

Customer: the business or legal entity that creates an account, takes out a subscription or otherwise uses the Service, and every user who has access on behalf of the Customer.

Service: the Advisionr online platform and all associated features, including analyses, audits, scores, proposals, the Action Center, One-Click, AutoPilot, the campaign builder, product feed and title features, reports, the knowledge base and support.

Linked account: an account held by the Customer with a third-party service, such as Google Ads, Google Merchant Center, Google Analytics or Meta, to which the Customer grants Advisionr access.

Change: any modification to a Linked account that is prepared or carried out through the Service, such as adjusting budgets, bids, keywords, exclusions, ads, assets, audiences, locations, product titles or product data.

Agreement: the agreement between Advisionr and the Customer regarding the use of the Service, including these terms.

2. Applicability

These terms apply to every use of the Service, to every Agreement and to all quotations, free audits, demos, trial periods and invitations.

The Customer’s own general terms and conditions do not apply, even if the Customer refers to them.

Deviations from these terms apply only if Advisionr has confirmed them in writing or by e-mail.

If any provision is invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a valid provision that comes as close as possible to the intent of the original provision.

3. Business use only

The Service is intended exclusively for businesses and professional users acting in the course of their trade, business or profession. The Customer declares that it is not a consumer.

Anyone using the Service on behalf of a business declares that they are authorised to represent that business. The Customer is responsible for all actions performed through its account.

4. Account and access

The Customer provides accurate and complete information and keeps it up to date.

The Customer keeps its login credentials confidential, uses a strong password and enables two-factor authentication where possible. The Customer reports any misuse or suspected misuse to Advisionr immediately.

The Customer decides which persons are given access to its account and to the Linked accounts, and which permissions they have.

5. The Service

Advisionr provides the Service as it is available at the time of use. Advisionr may modify, extend or discontinue the Service, its features and its working methods, for example to improve quality or security or because third-party services change.

Advisionr makes reasonable efforts to keep the Service available, but does not guarantee uninterrupted or error-free operation. Maintenance, updates and outages may temporarily limit availability.

The Service works with data from third-party services, such as the Google Ads API. Advisionr has no control over the availability, accuracy, limits, prices or terms of those services and is not responsible for any changes to, outages of or restrictions on them.

Analyses, scores, audits, forecasts, savings estimates and texts are generated partly automatically and with the aid of artificial intelligence. They may be incomplete or inaccurate and are intended as a tool, not as professional advice or a guarantee.

6. You stay in control

The Customer decides whether, when and which Changes are carried out. This applies to manual approval, to One-Click and to AutoPilot.

With AutoPilot, the Customer sets the level of automation, the permitted action types and the limits, such as budget limits, waiting times and the number of actions per day. A Change that is carried out automatically within those settings is deemed to be a Change instructed and approved by the Customer.

The Customer reviews proposals, texts, titles and product data before approving them or allowing automatic execution, and monitors the performance of its Linked accounts itself. Advisionr is not the manager of the Linked accounts.

The Customer can switch off or restrict automatic execution at any time, for example by using the emergency stop. This does not automatically reverse Changes that have already been carried out.

The ability to reverse a Change is a tool, not a guarantee. Not every Change can be reversed, and reversing a Change does not always restore previous results.

7. No guarantee of results

Results in online advertising depend on many factors beyond Advisionr’s control, such as competition, seasonality, auction dynamics, changes made by Google or other platforms, the website, prices, stock levels, tracking and the Customer’s offering.

Advisionr therefore does not guarantee any particular revenue, profit, ROAS, costs, conversions, rankings, savings or other results. Expectations, scores and examples shown are indications and not commitments.

Advertising costs charged by a third-party service, such as Google, are always borne by the Customer, including where those costs result from a Change carried out through the Service.

8. Customer responsibility for content and use

The Customer is responsible for all content in its Linked accounts and for everything published or changed through the Service, including ad copy, keywords, brand names, product titles, product descriptions, images, prices, claims, landing pages and audiences.

The Customer ensures that such content and its use of the Service comply with the law and with the policies of the third-party services, including Google’s advertising policies, Merchant Center policies, rules on misleading advertising, consumer law, privacy legislation and third-party rights such as trademark, copyright and trade name rights.

Advisionr does not check whether content or Changes infringe third-party rights or breach laws, regulations or the policies of third-party services. Disapproval of ads, restriction or suspension of a Linked account, or a claim by a third party is at the Customer’s expense and risk.

The Customer does not use the Service for unlawful purposes, does not attempt to circumvent, disrupt, replicate or probe the Service for vulnerabilities without permission, and does not share its access with unauthorised persons.

9. Connections with third-party services

By connecting a Linked account, the Customer authorises Advisionr, within the permissions granted, to read data and, where the Customer allows it, to carry out Changes.

The Customer ensures that it is entitled to grant such access, including where it manages accounts of third parties, such as clients of an agency.

The use of third-party services is subject to the terms of those services. The Customer remains responsible for its relationship with those services, including payments, settings and compliance with their policies.

10. Liability

Advisionr is liable only for direct damage that is the immediate result of an attributable failure by Advisionr to perform the Agreement.

Advisionr is never liable for indirect damage, including consequential damage, loss of profit or revenue, lost savings, loss of data, lost advertising budget, increased advertising costs, reputational damage, damage due to business interruption, and damage due to the disapproval, restriction or suspension of ads or Linked accounts.

Advisionr is not liable for damage resulting from: Changes that the Customer has approved or that were carried out automatically within the Customer’s AutoPilot settings; content that the Customer has supplied, approved or published; incorrect or incomplete data from the Customer or from third-party services; outages, changes or restrictions of third-party services; failure to act, or to act in time, on notifications; and acts of third parties, including misuse of the Customer’s login credentials.

Any liability of Advisionr is limited, per event, with related events counting as a single event, and in aggregate per calendar year, to the amount the Customer paid Advisionr for the Service in the three months preceding the event giving rise to the damage, up to a maximum of € 1,000. In the case of free use, such as a free audit, demo, trial period or invitation, all liability is excluded.

The limitations in this section do not apply if the damage results from intent or deliberate recklessness on the part of Advisionr’s senior management.

A right to compensation arises only if the Customer notifies Advisionr of the damage in writing as soon as possible, and no later than thirty days after discovery. Any claim lapses twelve months after the Customer became aware, or could reasonably have become aware, of the damage.

11. Indemnification

The Customer indemnifies Advisionr against all claims by third parties, including third-party services, regulators, the Customer’s clients and rights holders, relating to the Customer’s use of the Service, the content of or Changes in its Linked accounts, or a breach by the Customer of these terms or of the law. The Customer reimburses the reasonable costs of defence, including legal fees.

12. Force majeure

Advisionr is not obliged to perform if performance is not reasonably possible due to circumstances beyond its control, such as outages of or changes at third-party services and hosting providers, internet outages, cyberattacks, government measures, epidemics, power failures and failures by suppliers.

If the force majeure lasts longer than sixty days, either party may terminate the Agreement in writing, without any entitlement to compensation.

13. Prices, payment and guarantee

The prices and content of the subscriptions are stated on the website and are exclusive of VAT, unless stated otherwise. Payment is made in advance for each subscription period via the payment provider Mollie.

Advisionr may change prices and subscription content. A price increase will be announced at least thirty days in advance and will apply from the next subscription period. The Customer may cancel the subscription with effect from the date on which the increase takes effect.

If a payment fails, Advisionr may suspend access to the Service until the payment has been made.

A new paid subscription is covered by the money-back guarantee stated on the website. Within that period, the Customer may request a refund of the subscription fee paid by e-mail. Advertising costs incurred with third-party services are never covered by this guarantee.

14. Term, cancellation and termination

A subscription runs per billing period and is renewed automatically each time unless the Customer cancels it. The Customer can cancel at any time in its account, with effect from the end of the current billing period. No refund is given for a period already paid for, except under the guarantee in section 13.

Advisionr may immediately suspend access or terminate the Agreement if the Customer breaches these terms, misuses the Service or fails to pay, or if a third-party service refuses or terminates the connection.

After termination, access to the Service ends and data is retained and deleted as described in the privacy statement. The Customer can also revoke access rights to Linked accounts itself with the service concerned.

15. Intellectual property

All rights to the Service, the software, the design, the decision rules, the models, the knowledge base and the documentation remain with Advisionr or its licensors. For the term of the Agreement, the Customer is granted a non-exclusive, non-transferable right to use the Service for its own business.

The Customer’s data and content remain the property of the Customer. The Customer authorises Advisionr to use them to provide, secure and improve the Service, within the limits of the privacy statement and the policies of the third-party services. Advisionr may use anonymised and aggregated data to improve the Service, without the Customer being identifiable from it.

16. Privacy and data protection

Advisionr processes personal data as described in the privacy statement. Insofar as Advisionr processes personal data on behalf of the Customer, Advisionr acts as processor and the Customer as controller. On request, the parties will enter into a data processing agreement.

The Customer is responsible for having a lawful basis for the data it processes through its Linked accounts, such as consent obtained via a cookie banner and the correct configuration of conversion tracking.

17. Confidentiality

Each party keeps the other party’s confidential information secret and uses it only for the performance of the Agreement. This does not apply to information that is already public or that a party is required by law to disclose.

18. Changes to these terms

Advisionr may amend these terms. Material changes will be announced at least thirty days in advance by e-mail or in the platform. If the Customer does not agree, it may cancel with effect from the date on which the change takes effect. If the Customer continues to use the Service after that date, it accepts the amended terms.

19. Governing law and disputes

The Agreement and these terms are governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Disputes will be submitted to the competent court in the district in which Advisionr has its registered office, unless mandatory law designates another court. The parties will first try to resolve any dispute together.

20. Contact

You can send questions about these terms to info@advisionr.com.