"myads.cloud", managed by ITCS-Asia Limited, provides the advertising software service and assuming that you comply with all the terms and conditions.
If you do not agree with them, please do not use our website services, just leave it.
1. Service Description
(“GFT Advertising” or “GFTADS”) is a proprietary web application software that creates and manages online advertising campaigns with third-party advertising networks as described in any Order agreed to by you (the “Services”). GFTADS use its servers, based in Amsterdam and is made available to You through Our website at https://myads.cloud
2. License and Access
Once you registered on our site and your account is confirmed, you can download the purchased products on your account page in “Purchases” within
GFTADS hereby grant You a non-exclusive, non-assignable and non-transferable right during the Term (section 11) to use GFTADS in compliance with the Terms and Conditions set forth herein. All rights that are not expressly granted to you are reserved by GFTADS.
You are solely responsible for Your use of GFTADS and by any of Your employees, agents or any other person, whether authorized or not. You shall not allow any third party to use or gain access to GFTADS.
You shall not permit any third party to use or access GFTADS and shall use all reasonable security measures to protect against such unauthorized usage and/or access
3. Customer Responsibilities
You shall provide GFTADS with true, accurate and current information and shall maintain all account information, ensuring it is true and up-to-date.
You, not Us, shall have sole responsibility for all text, logos and images (“Customer Content”), all advertisements and any website reachable from the advertisements generated using the Services.
You are solely responsible for the accuracy, quality, integrity, legality and intellectual property ownership or tight to us all Customer Data (as defined in 4(1)), and GFTADS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Your content shall comply with all requirements set forth by third-party advertising networks, such as but not limiting to Google, Microsoft and Facebook, including the trademark policies, editorial guidelines and creative limitations posted therein. You hereby authorize GFTADS to allow Customer Content and advertisements to be published throughout to the advertising networks included in the Services.
If you do not comply with both Third-party advertising networks' Terms and GFTADS Terms, any of the following actions may be taken: (1) your ad might be rejected by Third-party Advertising network or GFTADS; (2) we might suspend or terminate your GFTADS account.
When a company or corporate entity, You represent and warrant that Your company or corporate entity is properly incorporated or properly able to perform acts in law.
When acting for another party (whether they be an individual or a company), You represent and warrant that You have full legal authority to enter into a contract with Us on behalf of that party.
You shall not use GFTADS for any illegal, obscene, offensive or immoral purpose.
You shall ensure that all materials provided by You are free from viruses, worms, Trojan horses and other malicious code.
4. Customer Profile and Personal Data
The Customer will be solely responsible for the username and password of the account. The Customer is responsible for the accuracy and veracity of the personal data provided in the sign-up and for future modifications, and must inform of such changes and update them.
We do not own any keyword data, information, performance data, paid search campaigns or material that You submit to Us in the course of Us providing the Service to You (collectively called “Customer Data”).
You hereby grant Us a worldwide, royalty-free, non-exclusive right during the Term (section 11) to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of (i) processing your Customer Data in connection with providing the Services to you; and (ii) storing or hosting the Customer Data in a remote database or on myads.cloud website for access by You
Your private Customer Data is accessible only to you and persons explicitly authorized by you, you hereby confirm and agree that GFTADS has the right to use your Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its Services as long as such metrics, data and trends do not contain uniquely identifiable Customer Data You further acknowledge.
For the avoidance of doubt you acknowledge and agree that all data related to your use of the Services, not including Customer Data, shall be owned by GFTADS.
5. GFTADS Services
We reserve the right to modify GFTADS without notice and without liability.
We have no obligation to review Your use of GFTADS. We do not control, nor are We to be held responsible for, Your use of GFTADS or any other content that You send or receive through GFTADS.
6. Intellectual Property and Proprietary Rights
You shall not rent, lease, sublicense, distribute, transfer, copy or modify GFTADS.
You shall not adapt GFTADS in any way or use it to create a derivative work.
You shall not translate, decompile, or create or attempt to create, by way of reverse engineering or otherwise, the source code of GFTADS.
All algorithms, Artificial Intelligence, methods of computation and data processed by GFTADS to create, optimize and measure advertising campaigns or any other data of statistical nature necessary for the proper functioning of GFTADS or a feature thereof (“Processed Data”), are and shall remain Our sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. We reserve all rights not expressly granted to You herein.
7. Privacy & Confidentiality
You agree that during the course of this Agreement, information that is confidential or proprietary may be disclosed between us including but not limited to: software, technical processes, formulas, source code, sales, costs, other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”). You shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. You agree to secure and protect the Confidential Information in a manner consistent with the maintenance of Our rights therein. You shall use Your best efforts to assist Us in identifying and preventing any unauthorized access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, You shall advise Us immediately in the event that You learn or have reason to believe that any person to whom You have given access to the Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any of Our proprietary rights. You will, at Your expense, cooperate with Us in seeking injunctive or other equitable relief in the name of You or Us against any such person. You agree to maintain the confidentiality of the Confidential Information using at least as great a degree of care as You used to maintain the confidentiality of Your own confidential information, and in no event less than a reasonable degree of care.
You acknowledge that the disclosure of any aspect of the Confidential Information or any other Confidential Information referred to herein, or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Us inadequately compensate in damages to law, and We are entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, We may immediately terminate Your account and all license rights granted herein, in the event You breach any of Your confidentiality obligations.
8. Payment and Fees
Pricing is based on Your chosen plan, and reflects the offering shown on Our website at the time You entered into this agreement.
You must provide GFTADS with a valid credit card or bank automatic clearing house validation as a condition to signing up for the Services. You represent that you are authorized to provide any credit card or bank account information you use to sign up for the Services.
You shall pay all fees to your account in accordance with the fees and billing terms in the applicable Order.
The first billing period begins on the date of registration as an GFTADS customer and ends the day before the date of the following month that corresponds to the date of registration. Subsequent billing periods shall begin on the date of each month that corresponds to the date of registration and end the day before that date in the following month.
GFTADS fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. GFTADS reserves the right to suspend the Services if you are late paying the fees for an Order.
If You use GFTADS Advertising Buying Feature, an additional 10% fee of your monthly consumed Advertising credits will be charged. Higher fees may be charged in case of policy violations. (See section 10.)
8. Credit vouchers and bonuses
You are eligible for free GFTADS credit vouchers if you meet the different GFTADS vouchers’ conditions & requirements.
The conditions & requirements can be found on the vouchers, which are highlighted in your account > payment section.
All credits that exceeds the free GFTADS credit vouchers will be charged to users.
Users can suspend their ads at any time before the free credits run out if they do not wish to be charged for additional advertising costs. Users will not be notified once the GFTADS voucher has been used up.
Subject to ad approval, valid registration and acceptance of the standard GFTADS terms and conditions.
You agree to comply with Google, Microsoft & Facebook’s Advertising Policies, Terms of Service, and Commercial Terms.
GFTADS may refuse service or limit, suspend, or terminate your access to the Free GFTADS credits vouchers at any time, with or without cause. You may discontinue your use of the vouchers at any time.
One type of GFTADS voucher per user. Users creating multiple accounts to benefit from multiple Free GFTADS Credit vouchers will have their account suspended.
The use of these GFTADS vouchers constitutes your acceptance of these terms and conditions. Invalid offer where prohibited by law.
Either You or Us (“Party”) may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances such termination shall not give rise to liability.
In the event of any termination, You shall not be entitled to any refunds of any fees. Any outstanding balance for Your use of GFTADS rendered through the date of termination, and any other unpaid payment obligations incurred during the remainder of the billing period, shall be immediately due and payable in full. All data, files, or other information stored in Your account shall not longer be available to You.
The termination of this agreement shall automatically, and without further action by Us, terminate and extinguish Your right to use GFTADS.
10. Disclaimer of Warranties
GFTADS, OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, USERS AND AGENTS (COLLECTIVELY “THE GFTADS PARTIES”) ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING CLIENTS).
THE GFTADS PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF GFTADS (B)THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF GFTADS, (C) THE REQUIREMENTS OR EXPECTATIONS OF THE SERVICES, OR (D) THE PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND, AND ANY USE BY YOU SHALL BE AT YOUR SOLE RISK. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GFTADS AND ITS LICENSORS.
11. Limitation of Liability
IN NO EVENT SHALL THE GFTADS PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE GFTADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL, CUMULATIVE LIABILITY OF THE GFTADS PARTIES FOR ANY DIRECT DAMAGES INCURRED HEREUNDER SHALL NOT EXCEED FORTY-NINE EURO ($49.00).
12. General condition changes
Registered Customers will receive the changes made in the general conditions by email. Customers can download the general conditions of GFTADS as well as print them on their computer.
13. Law and Jurisdiction
The Customer accepts at all times the use and application of the law in force under the Thailand legislation The area of jurisdiction of GFTADS is Thailand and any litigation of a legal-administrative nature will be resolved in the courts of Bangkok, Thailand. The Customer agrees to be in compliance with these general conditions for the use and enjoyment of the services offered by GFTADS and its website
LAST UPDATE: 27.12.2020