These Terms of Service (the “Agreement”) are a legal agreement between you as the user and Pirois Media SRL., the owner of audiencer.io, a private limited liability company registered under Romanian Law, having its registered address situated at Izvor Street No 4, Iasi 700705, Romania. (“Pirois Media SRL.”, or “Audiencer” or “We” “Our” or “Us”), that governs your limited, non-exclusive and terminable right to the use of the Audiencer Site and Services as defined herein. By making use of the services, you agree to be bound by the terms of this agreement.
If you do not agree to this Agreement, You must not sign up for an Account and shall not make use of any of the Services or the Site.
By agreeing to this Agreement, You acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.
We reserve the right to change this User Agreement from time to time without notice.
You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Pirois Media SRL
Izvor Street No 4, Bl 642, Sc A, Apt. 16
Iasi, Romania 700705
1 Use of the service
1.1 The service Audiencer helps customers find interests to target with their ads.
1.2. To use Audiencer, you may first need to register. After completing registration, you can directly log into your account and use the service, either as a free account or as a paid account with all the upgrades provided after payment.
1.3. You must secure access to your account using the email and password against third parties. You must keep the password strictly confidential and you are not allowed to share it with any 3rd parties. Your account is only yours and can not be shared. Audiencer may assume that all actions undertaken from your account after logging in with your email and password are authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Audiencer that someone else knows your password.
2.1. It is not permitted to use Audiencer for any purpose that violates Romanian, European or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist. It also includes data you pull from your Facebook account during the research process.
2.3. Should Audiencer discover that you violate any of the above, or receive a complaint alleging the same, then we may intervene to end the violation and your account may be terminated.
2.4. If in the opinion of us the continued functioning of the computer systems or network of Audiencer or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of data, requests or other data, leaks of personal data or virus activity, Audiencer may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Audiencer is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
3 Availability and maintenance
3.1.Pirois Media SRL actively maintains Audiencer. In case maintenance is reasonably expected to negatively impact availability, Pirois Media SRL will carry out such activities at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.2. Pirois Media SRL may from time to time adapt Audiencer. Your feedback and suggestions are welcome but ultimately we decide which adaptations to be implemented or not.
4 Intellectual property
4.1. The service Audiencer offers, the software itself as well as all information and images on the website is the intellectual property of Pirois Media SRL. None of these items may be copied or used without prior written permission of Pirois Media, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Pirois Media SRL receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Pirois Media SRL, for example a bug report or suggestion for improvement, you grant us a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Pirois Media SRL shall refrain from accessing data you store or transfer using Audiencer, unless this is necessary for a good provision of the service or we are forced to do so by law or order of competent authority. In these cases Pirois Media shall use its best efforts to limit access to the information as much as possible.
5 Subscription & Payments
5.1 We offer several different Subscription Plans for Our Services. The applicable Subscription Term Plan depends on Your choice. Your Subscription Plan is selected during Your Account registration. Information about Our standard plans can be found on our pricing page. All fees quoted on our site are exclusive of VAT or any other taxes that may be applicable in Your jurisdiction.
5.2. Payment is possible by credit-card, by PayPal, or as explained further on the website and can be one time, yearly, monthly, or explained in the offer itself if otherwise.
5.3 Unless Pirois Media SRL is notified in writing at least three business (3) days before the end of the conclusion of your current subscription term (or any subsequent Renewal Term) that you do not intend to renew your subscription, you will be enrolled into an automatic renewing cycle for the same term at the conclusion of the subscription term. This applies to all subscription plans involving payment, and works the same for both monthly and annual renewals. Any written notice of your intention not to renew shall be provided to the following email address: email@example.com. The email must come from the registered Audiencer account owner.
6 Limitation of liability
6.1. In no event shall Pirois Media SRL, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any Third Party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) Your use of or access to the Site and/or Services, or any content, products or services distributed on or provided through the Site and/or Services, (ii) for any failure or interruption of the Site and/or Services; whether arising out of errors, omissions, loss of Data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Pirois Media SRL or its suppliers have been expressly advised of the possibility of such damages.
6.2. In any event, and without prejudice to the above, Pirois Media SRL’s total maximum aggregate liability under this agreement, including any annexes herewith, or in respect of the use or exploitation of any part or all of the Site or Services, the content or user material in any manner whatsoever shall not exceed your monthly subscription fee or latest payment.
7 Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. Pirois Media SRL is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Pirois Media SRL shall first send a reminder mail to the email address connected to your account.
7.3. You can request a data export or removal at any times using the email address provided.
8 Cancellation & Refund Guarantee
8.1 You can cancel your subscription by sending an email to firstname.lastname@example.org stating you want to cancel your plan/subscription. If you’re within 30 days of your purchase, you have the right to request a refund – which should also be requested by emailing email@example.com. We will then process the refund within 5 business days.
9 Data Retention
9.1. Pirois Media SRL commits to securely storing data on behalf of our customers in accordance with their subscription plan and timeframes corresponding to each subscription plan. All data exceeding the stated timeframe will be routinely and automatically deleted from our systems.
9.2. You expressly acknowledge and accept that Pirois Media SRL does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable subscription plan. Pirois Media SRL expressly disclaims all obligations with respect to archiving, storage and backup of Data.
10 Privacy & Data Protection
10.2. By accepting the terms contained within this agreement, including its annexes, You acknowledge represent and warrant that you shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify Audiencr Indemnified Parties against any Third Party claims related to violation of such applicable laws in the use of the Service.
11 Miscellaneous provisions
11.1. Romanian law applies to this agreement.
11.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Audiencer shall be brought before the competent Romanian court for the principal place of business of Pirois Media SRL
11.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Audiencr service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
11.4. The version of any communication of information as recorded by Pirois Media SRL shall be deemed to be authentic, unless you supply proof to the contrary.
11.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
11.6. Pirois Media SRL is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Audiencer or the associated business activities.