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Dátum: Marec 2025
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office@adyoutiser.comThese Terms & Conditions ("T&Cs") govern the contractual relationship between adyoutiser s.r.o. ("adyoutiser", "we", "us", "our") and the customer ("Advertiser", "Client", "you").
By creating an account, submitting content, or booking advertising space through adyoutiser, the Advertiser accepts these T&Cs as binding.
Deviating or supplementary terms of the Advertiser shall not apply unless expressly confirmed in writing by adyoutiser.
These T&Cs apply to all current and future business relationships, even if not expressly referenced in subsequent contracts.
adyoutiser distinguishes between Business-to-Consumer (B2C) and Business-to-Business (B2B) contracts, as different legal provisions apply to each category.
B2C Contracts: Apply when the customer is a natural person acting primarily for purposes outside their trade, business, craft, or profession (consumer as defined by EU Consumer Rights Directive 2011/83/EU).
B2B Contracts: Apply when the customer is a legal entity, business, entrepreneur, or natural person acting in the course of their commercial or professional activity.
During registration, customers are automatically classified based on provided information (e.g., VAT ID indicates business customer). Customers must provide accurate classification information.
B2C customers benefit from mandatory consumer protection rights including extended right of withdrawal, information requirements, and special liability provisions.
B2B customers are subject to commercial terms with limited withdrawal rights and different liability limitations.
Misrepresenting customer type (e.g., providing false business information to avoid consumer protection obligations) constitutes a material breach and may result in immediate contract termination.
If classification is unclear or disputed, adyoutiser reserves the right to request additional documentation (business registration, VAT certificate, etc.) and reclassify accounts accordingly.
adyoutiser operates a digital out-of-home (DOOH) advertising platform, enabling advertisers to display advertising content on digital screens operated by third-party partners.
adyoutiser provides the technical and organizational infrastructure for content placement, including content management, scheduling, and distribution systems.
Services include but are not limited to: account management, content upload and review, campaign scheduling, performance analytics, and customer support.
adyoutiser may provide software components, including player applications, device management solutions, and technical integration modules, as part of its platform services. The use of such components is subject to applicable usage and license terms, which form an integral part of these T&Cs. adyoutiser reserves the right to modify, extend, or replace these software components and their delivery methods at any time.
adyoutiser does not guarantee continuous availability of specific advertising spaces, nor uninterrupted error-free operation of the platform.
Service availability may be affected by technical maintenance, third-party infrastructure, or force majeure events beyond our control.
adyoutiser provides digital advertising services that begin execution immediately upon payment confirmation.
FOR B2C CUSTOMERS (Consumers): You have a statutory right of withdrawal of 14 days from the date of contract conclusion in accordance with EU Consumer Rights Directive 2011/83/EU and national consumer protection laws.
HOWEVER, for digital advertising campaigns that begin execution immediately, you expressly acknowledge and consent to the following:
• The advertising campaign is a digital service that begins execution immediately after payment
• You request and expressly consent to immediate service performance before the 14-day withdrawal period expires
• By consenting to immediate execution, you acknowledge that you LOSE your right of withdrawal once the campaign has fully commenced
• You understand that campaign slots are reserved immediately and content distribution begins within hours of payment
This express consent to immediate execution and waiver of withdrawal rights must be actively confirmed during the checkout process before payment.
If you do not provide this express consent, the campaign will not begin until after the 14-day withdrawal period expires.
FOR B2B CUSTOMERS (Businesses): The statutory right of withdrawal does not apply to B2B contracts. Cancellations are subject to the termination provisions in Section 8.
Refunds for cancelled campaigns (where permitted) will be processed within 14 days of cancellation approval, minus any costs already incurred for executed advertising time.
For detailed withdrawal instructions and cancellation procedures, see our separate Right of Withdrawal Notice at /legal/widerrufsrecht.
The Advertiser is solely and fully responsible for all content provided (texts, images, videos, audio, logos, trademarks, data, etc.).
The Advertiser warrants that all rights (copyright, trademark, personality rights, licenses) are lawfully obtained and properly documented.
The Advertiser guarantees that the content complies with all applicable laws, regulations, advertising standards, and industry codes in the countries where it will be displayed.
The Advertiser warrants that the content does not contain unlawful, discriminatory, misleading, harmful, defamatory, or inappropriate material.
The Advertiser must obtain and maintain all necessary permits, approvals, and clearances required for the content and its public display.
adyoutiser reserves the right to request proof of rights, licenses, and legal compliance at any time.
The Advertiser must immediately notify adyoutiser of any changes in rights ownership or legal status affecting the content.
adyoutiser employs automated systems, including AI-assisted tools, and manual review processes to assess content compliance.
adyoutiser is entitled, but not legally obliged, to review all content prior to publication.
adyoutiser may reject, suspend, remove, or modify content at any time without prior notice if:
• There are indications of unlawful, harmful, or non-compliant material
• The content violates these T&Cs, adyoutiser policies, or applicable advertising standards
• A notice, complaint, or legal request is received from third parties, authorities, or regulatory bodies
• The content poses reputational, legal, or operational risks to adyoutiser or its partners
The Advertiser shall not be entitled to damages, refunds, or guaranteed publication in such cases.
Review decisions may be appealed through adyoutiser's dispute resolution process within 14 days.
adyoutiser uses automated systems, including artificial intelligence and machine learning tools, to support content review, moderation, and compliance checking.
AI systems may analyze content for compliance with legal requirements, advertising standards, and platform policies.
The Advertiser acknowledges that automated systems may produce false positives or negatives in content assessment.
The Advertiser remains solely responsible for the legality and compliance of content, regardless of automated checks or AI-assisted reviews.
Decisions based on automated systems may be supplemented, overridden, or replaced by human review at adyoutiser's discretion.
adyoutiser does not guarantee the accuracy, completeness, or reliability of automated content analysis.
The Advertiser indemnifies and holds harmless adyoutiser, its shareholders, directors, employees, agents, and partners from all claims, damages, losses, and expenses arising from or related to the Advertiser's content, breach of these T&Cs, or violation of applicable law.
The indemnification expressly includes, but is not limited to:
• All damages, compensation claims, and monetary losses
• Cease-and-desist claims, injunctions, and court orders
• License fees, usage fees, and royalty payments
• Administrative fines, regulatory penalties, and sanctions
• Criminal fines and penalties imposed by authorities
• All reasonable costs of legal defense, including court fees, attorney fees, and expert witness costs
• Reputational damages and business interruption costs
The Advertiser shall provide adyoutiser with all necessary information, documentation, and cooperation for legal defense without undue delay.
Indemnification payments must be settled by the Advertiser within 14 days of adyoutiser's written request.
This indemnification obligation survives termination of the contract and remains in effect for the full statutory limitation period.
Prices and fees are based on the current price list published by adyoutiser or agreed in individual contracts.
All prices are exclusive of statutory value-added tax (VAT), which will be added at the applicable rate.
Invoices are payable within 14 days from the date of issue, unless otherwise agreed in writing.
Payment must be made in the currency specified on the invoice (EUR unless otherwise stated).
In case of late payment, adyoutiser may:
• Suspend services immediately without prior notice
• Charge statutory default interest (currently 9 percentage points above the base rate)
• Demand immediate payment of all outstanding amounts
• Terminate the contract and claim damages
adyoutiser reserves the right to require advance payment or security deposits for new or high-risk accounts.
In addition to booking fees, separate charges may apply for supplementary services, software licenses, extended functionalities, device management, and support services. Applicable terms and pricing are published on the platform or agreed individually. adyoutiser reserves the right to develop and introduce new pricing models and service categories as part of the ongoing platform evolution; material changes will be communicated in accordance with Section 10.
Disputed amounts must be reported in writing within 8 days of invoice receipt.
Contracts are concluded for the duration of the booked advertising campaign or as otherwise specified in individual agreements.
adyoutiser may terminate the contract immediately without notice if:
• The Advertiser materially breaches these T&Cs or applicable law
• Payments are overdue by more than 14 days despite written reminders
• Unlawful, harmful, or non-compliant content is submitted
• The Advertiser provides false information or documentation
• The Advertiser's business activities pose legal or reputational risks to adyoutiser
Ordinary termination by either party is possible with 30 days' written notice to the end of a calendar month, unless otherwise agreed.
Upon termination, all outstanding amounts become immediately due and payable.
adyoutiser may retain content and data as required by law or for dispute resolution purposes.
adyoutiser is liable without limitation for damages resulting from intent, gross negligence, injury to life, body, or health.
For simple negligence, adyoutiser is only liable for breaches of essential contractual obligations (cardinal obligations) that are fundamental to the proper performance of the contract.
In cases of simple negligence, liability is limited to foreseeable damages typical for this type of contract, not exceeding €50,000 per incident.
Liability for indirect damages, consequential damages, lost profits, data loss, or business interruption is excluded except in cases of intent or gross negligence.
adyoutiser's total liability for all claims arising from or related to these T&Cs shall not exceed the total amount paid by the Advertiser in the 12 months preceding the claim.
Liability under mandatory legal provisions (product liability law, consumer protection law) remains unaffected.
The statute of limitations for damage claims is one year from knowledge of the damage and the liable party.
adyoutiser maintains a notice-and-action mechanism for reporting unlawful content in accordance with the EU Digital Services Act (DSA) and national implementation laws.
Third parties may report potentially unlawful content through adyoutiser's designated reporting channels.
adyoutiser will assess notices and may remove or restrict access to content that is manifestly unlawful or violates these T&Cs.
Advertisers will be notified of content restrictions and may appeal decisions through the internal complaint handling system.
Advertisers must cooperate fully with adyoutiser in clarifying reports and provide all requested information promptly.
Repeated violations may result in account suspension or termination in accordance with DSA requirements.
adyoutiser publishes annual transparency reports on content moderation activities as required by the DSA.
adyoutiser processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable national data protection laws.
The legal basis for processing is typically contract performance (Art. 6(1)(b) GDPR) or legitimate interests (Art. 6(1)(f) GDPR).
Personal data may be processed for account management, service provision, compliance monitoring, and legal obligation fulfillment.
Data may be shared with trusted service providers, partners, and authorities as legally required or permitted.
Detailed information on data processing is provided in adyoutiser's Privacy Policy, available on our website.
Data subjects have rights to access, rectification, erasure, and portability of their personal data as provided by applicable law.
These T&Cs constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.
Amendments to these T&Cs, including changes to pricing models, license structures, service categories, and usage terms for provided software and services, must be made in writing (including electronic form with qualified signature) to be valid. New or modified fee models will be announced at least 30 days prior to taking effect via the platform or email.
If individual provisions are or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.
Invalid provisions shall be replaced by valid provisions that most closely achieve the intended economic purpose.
The place of performance and jurisdiction for all disputes arising from or related to these T&Cs is Bratislava, Slovakia, unless mandatory law provides otherwise.
Slovak law applies exclusively, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumer contracts, the consumer's statutory rights and mandatory consumer protection provisions remain unaffected.
The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr/
adyoutiser s.r.o.
IČO: 56123591
VAT ID (IČ DPH): SK2122214908
Adresa: Rázusovo nábrežie – HUMA 6, 811 02 Bratislava, Slovakia
Email: legal@adyoutiser.com
Tieto podmienky sa riadia slovenským právom a sú v súlade s predpismi EÚ vrátane DSA, GDPR a platných zákonov na ochranu spotrebiteľa.
Dátum: Január 2025 · adyoutiser s.r.o. · Verzia 2.0
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