Terms of Use

Our terms of service were updated on Apr 20th, 2024, and apply to all our existing and future customers.

These 'Terms' are entered between Adsparo and a BUSINESS/BRAND. Adsparo has its principal place of business located at 20, Aluguntugui Street Accra, Ghana (the “Company”). Adsparo has developed (the “Product”) and owns all intellectual property rights in the Product. Therefore, in consideration of the mutual agreement and promises made by the parties hereto, the Company and the Business (individually, each a “Party” and collectively, the “Parties'') agree as follows:

By using our Self-Serve Services, you confirm:
Adsparo Terminology

We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.

Content

It is a generic term for all information and data (such as text, images, photos, videos, review templates, analytics, and other forms of data) in any format uploaded or downloaded from or appears on our Self-Serve Services.

Customer Content

It is Content that you or your Authorized Users provide to us or upload to our Self-Serve Services.

Mentions

These are the Content that a third party (in other words, someone other than you, your Authorized Users, or Adsparo) creates that we obtain on your behalf and at your instruction from Social Networks, Website URLs, or other Third-Party Services that you connect to our Self-Serve Services. For example, posts your followers created on your Facebook page would be considered Mentions.

Self-Serve Services

This includes our website, such as adsparolab.com (all its current and future subdomains), mobile/web applications, and Third-Party Services (see below for how we define those) you access or use in connection with our services.

Third-Party Services

These are services not provided by Adsparo but that you may access or use in connection with our Self-Serve Services. They include “Social Networks,” “Networks/Sites” supported by our Self-Serve Services (such as Facebook and Instagram, to mention a few).

“You,” “Your,” “Customer,” and other similar terms mean the person or legal entity accessing or using the Self-Serve Services. For more clarity, if you are accessing and using the Self-Serve Services on behalf of a company (such as your employer) or other legal entity, “you,” “your,” or “Customer” means the company or other legal entity you are using the Self-Serve Services on behalf of.

Account

Registration

To use our Self-Serve Services, you will need to register for an account with Adsparo. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it true and up-to-date at all times.

Security

You are responsible for maintaining the security of your account and password. Adsparo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Account Access

You are responsible for all activities that occur under your account, whether or not you know about them. If you believe that someone has gained access to your account without your permission, please contact us immediately at support@adsparolab.com.

Closing Your Account

You may close your account at any time by contacting us or by following the instructions shared in your account. We may close or suspend your account if you violate any of these Terms or if we believe that your actions may harm us, other users, or third parties, or for any other reason.

Businesses recognize, on behalf of themselves and their users, that

Adsparo shall not be held liable in any manner for any output, including errors or omissions, or any loss or damage incurred from the use of such output by the business or any user. If businesses or users rely on the factual accuracy of the output, they do so entirely at their own risk.

Adsparo's Self-Serve Services

Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Self-Serve Services in the way set out in the free or paid plan you opted for. You may not use or access the Self-Serve Services in any other way, such as using robots, spiders, crawlers, and scraping technologies.

Our Self-Serve Services evolve constantly. We may change our Self-Serve Services, such as by changing, adding, or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modifications, price changes, suspensions, or discontinuance of our Self-Serve Services.

Our Self-Serve Services interact with Social/Digital Networks/Platforms and depend on the availability of those Networks, the features, and the functionality they make available to us, which we do not control and may change without notice. If at any time a Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Adsparo in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality, and we will not be liable to you or any third party for any such change.

Acceptable Use Rules

You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict, or terminate your account or your access to the Self-Serve Services.

Customer Content

You are solely responsible for Customer Content. We may, but do not have to, review, filter, block, or remove Content, including Customer Content. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Submitted Content

If you use the Self-Serve Services for contests or otherwise ask people to submit Content through the Self-Serve Services (“Submitted Content”), you acknowledge and agree that:

The Self-Serve Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and We will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Self-Serve Services is accurate or complete.

Account Information

You are responsible for the completeness, security, confidentiality, and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your login credentials or account.
You allow Adsparo to contact you on your listed number for promotions or updates.

Content and Third-Party Services

We are not responsible for Content others provide, including Mentions and Content from Third-Party Services (such as Content from Social Networks and Content in apps from the App Directory). You and anyone else who accesses our Self-Serve Services may access Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate. We will not be liable to you or any third party for Content others provide.

If you access or purchase a Third-Party Service through our Self-Serve Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.

If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for the disclosure, use, change to, or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service. When you access the App Directory and install or use one or more available apps, you also agree to the App Directory Terms.

We may, but do not have to, preview, verify, flag, modify, filter, block, or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.

Use of Third-Party Services and APIs" or "API Usage Agreement

Advertising Cost

These services encompass diverse campaign objectives, each associated with distinct daily budget ranges, such as Facebook's $10-$50 per day per ad set and Google Search Ads' $20-$100 per day per campaign. Prior to commencing a campaign, you (businesses) or the users utilizing Adsparo to run ads are required to remit fees and adhere to platform(s) policies. They hold sole responsibility for the content of their advertisements. Service Provider bears no liability for alterations in platform policies or actions undertaken by third parties."

Note: Certain advanced advertisements may necessitate a minimum expenditure to be effective. You will receive the necessary information regarding any new modifications or updates during the creation process.

If you want to stop your advertisement, you can do so anytime. Re-allocate credits from your ads to another ad is not possible except from the support team that will require the organization to access it by email or through the app itself.

Advertising Policies

Our Advertising Policies guide what types of ad content are allowed. When you place an order, each ad is reviewed against these policies. To keep ads safe and appropriate for everyone, ads are reviewed to make sure they comply with Ad policies for all social media outlets. Most ads are reviewed within 1 business day.

Remember that violating our ad policies may lead to enforcement action against your Profile, associated Pages, and/or ad accounts. Enforcement actions may include:

During the ad review process, we'll check your ad's images, text, targeting, positioning, and content on your ad's landing page. Your ad may not be approved if the landing page content isn't fully functional, doesn't match the product/service promoted in your ad, or doesn't fully comply with our Advertising Policies.

Data Protection & the GDPR

If your use of our Self-Serve Services includes processing Content that contains “personal data” that is subject to the General Data Protection Regulation (EU) 2016/679, you may enter into a Data Processing Addendum (“DPA”) with Adsparo. If you sign a DPA, it will apply to the processing of personal data and be part of this Agreement. Please review our Privacy Notice (published at https://adsparolab.com/privacy ) for more information on how we collect and use data relating to the use and performance of our Self-Serve Services.

Confidentiality

If we share nonpublic information about Adsparo or our Self-Serve Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure or access to that information.

Intellectual Property

Customer Content

You retain your rights to any Customer Content you submit, post, or display on or through the Self-Serve Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display, and distribute Customer Content to provide, support, enhancing, and developing your products and services.

Feedback

We welcome suggestions, comments, bug reports, feature requests, or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Adsparo a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and fully paid-up license to use the Feedback for any purpose.

Self-Serve Services

We keep all rights and interests in our Self-Serve Services. The Self-Serve Services contain Content owned or licensed by Adsparo (“Adsparo Content”). Adsparo Content is protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Adsparo, we own and retain all rights in the Self-Serve Services and any Adsparo Content.

Payment Terms and Renewal

Fees:

You are responsible for paying taxes on all fees you pay to us. Local taxes may differ based on your payment method.

Transaction Fees: Transaction fees are non-refundable.*

Disputed Payments:

If Adsparo receives a disputed payment from your chosen payment provider, all fees associated with this will be applied to your account in addition to immediate termination for all future Self-Serve Services.

Inactivity:

If Adsparo does not receive payment from your chosen payment provider and your account becomes inactive, your Self-Serve Services will cease until payment has been made for the total amount due.

We may refuse to provide service (including the Self-Serve Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Self-Serve Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Self-Serve Services under this section for no reason, we will refund you for the Self-Serve Services you have not yet received.

If you cancel or delete your Self-Serve Services account, you will not be entitled to a full or partial refund of the credits in the credit wallet balance of your Adsparo account.

Wallet Terms and Conditions

As part of your Adsparo account, your wallet allows you to store, track, and redeem credits. You can apply the available balance toward Facebook and Instagram ads.

If you don't have enough credits in your wallet to cover the cost of an ad, you can pay the difference with a credit card or purchase additional credits.

Wallet credits are non-refundable and non-transferable.

Adsparo reserves the right to freeze or void any wallet credits obtained through illegal or fraudulent channels or in a way that violates our Terms and Conditions.

These terms and conditions apply to the extent permitted by law.

Adsparo reserves the right to change these terms and conditions at any time at its discretion.

Disclaimer of Warranties and Limitation of Liability

We offer our Self-Serve Services “as is” and are not making any warranties, conditions, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality, and non-infringement, that our Self-Serve Services will meet your requirements or that our Self-Serve Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. Use our Self-Serve Services at your own risk. You hereby release the directors, officers, employees, agents, licensors, and service providers of Adsparo and our affiliates (the “Adsparo Parties”) from any claims, known or unknown, you have against them.

We will not be liable for indirect, punitive, incidental, special, consequential, or exemplary damages, or for loss of profits, goodwill or data, or other intangible losses that result from the use of, or inability to use, our Self-Serve Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks, or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss, or injury resulting from hacking, tampering, theft, or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.

Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Self-Serve Services, even if we have been advised of the possibility of such losses, will not exceed greater than the fees we received from you for our Self-Serve Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose and USD 100.00. The limitations of liability in this section also apply to the Adsparo Parties and claims brought based on any cause of action, including breach of contract, tort (including negligence), statute, or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.

No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.

Our prices are determined based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.

If you are dissatisfied with our Self-Serve Services or believe that you’ve been harmed by your use of our Self-Serve Services or this Agreement, you may terminate your use of our Self-Serve Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.

Claims and Disputes

Governing Law:

The laws applicable in the United States will govern any dispute, cause of action, or claim arising out of this Agreement or your use of our Self-Serve Services, including against any Adsparo Party (“Dispute”), without giving effect to conflict-of-law principles.

Indemnification:

You will indemnify and hold harmless the Adsparo Parties from and against all losses, damages, penalties, liability, and costs, including reasonable legal fees, of any kind or nature related to any claim against a Adsparo Party related to

Attorneys' Fees:

If you breach this Agreement or violate our rights or another person's rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

Mediation:

All claims and disputes arising under this Agreement that cannot be resolved by the parties must first be submitted to a mediator in an attempt to resolve the dispute outside of litigation. Any such mediation shall begin within fifteen days from the request for mediation by either party. The mediation must be completed within ten days thereafter. The parties will split the cost of mediation. If the parties do not submit to this mediation in good faith, as determined by the mediator, the parties may not proceed with any other remedies under this Agreement.

Arbitration:

Should mediation prove unsuccessful, next, any claims and disputes arising under this Agreement are to be settled by binding arbitration in the state of California. The arbitration shall be confidential in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award resulting from such arbitration shall be in writing and provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction.

Disputes:

If you believe that we have not met your expectations or that we have caused you harm, you may resolve any Dispute through binding arbitration. You agree to arbitrate all Disputes in accordance with the rules of the American Arbitration Association. You and we will appoint as the sole arbitrator a retired judge who has experience in and who is generally familiar with the digital advertising industry. The arbitration will be held in Palo Alto, California, unless you and we agree to hold it elsewhere.

Dispute Resolution:

Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Adsparo and you each waive any right to a trial by jury.

Claim Exclusions:

You and we will not be able to pursue a Dispute in court or have a jury trial. Also, you and we will not be able to bring a Dispute as a class action, consolidated action, or representative action.

Opt-Out Procedure:

If you do not want this arbitration provision to apply, you may opt out. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to this section of the Agreement.

Miscellaneous

Export Compliance:

You will not use or access our Self-Serve Services if you are located in any jurisdiction in which the provision of our Self-Serve Services is prohibited under the laws of that jurisdiction(a “Prohibited Jurisdiction”), and you will not provide access to our Self-Serve Services to any government, entity or individual located in any Prohibited Jurisdiction.

Amendment:

We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Adsparo website/app, and your use of the Self-Serve Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Self-Serve Services from time to time. The updated Agreement will be effective as of the time of posting or on a later date as specified in the updated Agreement and will apply to your use of the Self-Serve Services from that point forward

Assignment:

You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.

Severability:

If a court finds part of this Agreement invalid, the rest will continue to apply with minimum changes required to remove the invalid part.

Force Majeure:

We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social, Review or Ad Platform(s)) changes their services or terms or no longer offers their services to you or Adsparo on terms we believe are reasonable.

Remedies:

If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise

Notices to You:

Adsparo may notify you by placing a banner notice on the Adsparo platform or Adsparo’s website. We may also contact you or your Authorized Users through your Adsparo account or contact information you provide, such as email or telephone, or through your account on one or more Social Networks. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Self-Serve Services or this Agreement.

Notices to Adsparo:

For any notice to Adsparo that you give under or regarding this Agreement, you must notify Adsparo by email to support@adsparolab.com with a duplicate copy sent via registered mail to the following mailing address: Adsparo Inc. 20 Aluguntugui Street Accra Ghana Attention: Legal Department.

Entire Agreement:

This Agreement, including the other documents referred to as applicable to the Self-Serve Services in this Agreement, is the entire agreement between you and Adsparo for your use of our Self-Serve Services. Any prior understandings, statements, or/and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.

Our Services

Adsparolab.com is a cloud-based, digital marketing tool that helps create, manage, launch and track digital marketing campaigns on Social Networks .

Content

The deliverables provided will vary according to your selected objectives and the allocated credits. Content may encompass a range of items such as images, videos, social media posts, Google ad copies, ad creatives for various platforms, review templates, and more.

Ads

Credits: Pricing shall vary on your will, by configuring your campaigns you can choose the allocated credits(=budget) of the campaign that will run through the different Social Networks chosen.

Audience Center

By accessing the Audience Center within this platform, users agree to manage and update audiences responsibly and lawfully. The Audience Center comprises "All Audiences" sections, allowing users to view, update, and filter audiences, creating custom audiences. Users must comply with applicable laws, safeguard access, and respect data privacy.

**Prohibited Uses**

Your use of the Self-Serve Services must fully comply with all applicable laws, including but not limited to copyright, trademark, and export control laws. You bear the responsibility of ensuring that your utilization of our Self-Serve Services adheres to all legal requirements and pertinent regulations within your jurisdiction.

By engaging with our Self-Serve Services, you explicitly agree not to partake in any of the following prohibited activities:

General Terms

Force Majeure:

Adsparo will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Waiver:

Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

Severability:

If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. Severance of a term will not affect any other terms.

Assignment:

You may not assign any of your rights under this Agreement, and any such attempt will be void. Adsparo may assign its rights to any of its affiliates or subsidiaries or to any successor in interest of any business associated with the Self-Serve Services.

Survival:

Any section that should, by its nature, survive the expiration or termination of this Agreement, will survive.

Entire Agreement:

This Agreement supersedes all previous agreements. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Self-Serve Services) constitutes the entire agreement between you and Adsparo regarding our Self-Serve Services.