1. Scope of General Terms and Conditions

1.1. Parties. These General Terms and Conditions apply to the business relationship between adsquare GmbH, Saarbrücker Str. 36, 10405 Berlin, Germany (“Adsquare”) and the clients that use the services of Adsquare (as defined below) (hereinafter referred to as the “Client”), unless otherwise agreed or amended in a separate written agreement between Adsquare and the Client. Any terms and conditions of the Client shall not apply. For the avoidance of doubt, references to the Client’s use of Adsquare Services include (i) agencies acting on behalf of their advertising clients (“Commission Users“) and are therefore authorised to enter into the Platform Agreement and/or Order Form on behalf of their advertising clients; and (ii) the Client’s employees and third parties that are authorised to use the Adsquare Services on behalf of the Client (“Client Users“).

1.2. Scope of application. The General Terms and Conditions apply to the use of Adsquare Services by the Client in order to either analyse, optimise, measure and/or attribute marketing and advertising campaigns, which are made available to the Client either:

a. directly as a self-service on Adsquare’s platform (Adsquare’s platform for the distribution of its services, available online, hereinafter the “Platform”), or

b. via managed services provided to the Client by Adsquare

(collectively referred to as “Adsquare Services” or “Services“).

In the event the Client uses the Services on the platform of a third party (such as e.g. mobile advertising networks, demand-side platforms, exchange platforms or out-of-home platforms that have a contractual relationship with Adsquare for the use of Adsquare Services and/or Adsquare Data, “Platform Partners”), the Client’s use of Adsquare Services and/or Adsquare Data on these platforms are subject to (i) the General Terms and Conditions; and (ii) the Order Form, as applicable to the respective Services as outlined in further detail in Section 1.3 and Section 2.2 below.

1.3. Service specific terms. The Client’s use of the Services in accordance with Section 1.2 may be subject to additional service-specific terms and conditions set out in the Order Form (as illustrated in Section 2.2).

1.4. Updates. The General Terms and Conditions will be updated from time to time and the Client will be notified of these updates including the right to object and the legal consequences of non-action, by sending an email to the address provided by the Client either during the registration on the Platform or during the process of creating an Order Form as described in Section 3. The Client has the right to object to these updates via the mentioned communication channel within four weeks after receipt of the notification. In this case, Adsquare may terminate the Platform Agreement  and/or Order Form (as defined below) with the Client in accordance with Section 8. If the Client does not object as described above, the updates are deemed accepted.

2. Platform Agreement and Order Form

In order to use the Services, the Client may engage with Adsquare via a Platform Agreement and/or an Order Form:

2.1. Platform Agreement. To use the Services on the Platform in self-service, the Client must register and form an agreement to use the Platform (“Platform Agreement”). This registration serves as the Client’s authorisation to conclude the Platform Agreement with Adsquare, which is subject to these General Terms and Conditions. Following a registration confirmation by Adsquare (either in writing or by email), or at the latest, upon the provision of the login data to access the Platform) the Platform Agreement shall be deemed concluded upon the Client’s initial log in to the Platform.

2.2. Order Form. To access and use certain Services on the Platform or to be able to use Adsquare Data via Platform Partners, the Client and Adsquare shall enter into a separate agreement (“Order Form“) that specifies the scope of these Services alongside specific terms for these Services (“Schedule“), as applicable. The General Terms and Conditions are further subject to the Order Form agreed between Adsquare and the Client. In the event of a conflict between the General Terms and Conditions and the Order Form, the Order Form will prevail. Any invalidity of a provision of the Order Form does not affect its validity or the one of the remaining terms. Invalid provisions are to be replaced by such provisions which most closely resemble the intended economic impact of the invalid provision. This also applies in case of any gaps which may need to be filled.

3. Licences and Restrictions

3.1. Platform Licence. For Clients that use the Services in self-service on the Platform, Adsquare grants a non-transferrable, non-sublicensable, non-exclusive, time-limited and free of charge licence to access the Platform for the purpose of using and tailoring the Services to the Client’s needs.

3.2. Service Licence.

a. Licence. Adsquare grants the Client a non-transferable, non-sublicensable, non-exclusive, time-limited, royalty-bearing (see Section 8) licence to use the Services in connection with interest-based and location-based advertising and as defined in the Order Form, if applicable, for itself or in its capacity as a Commission User for its advertising clients in accordance with Section 13.2 (“Service Licence“). Any use outside of this Service Licence requires the prior written consent of Adsquare, or a service-specific licence and prohibitions specified in the Order Form. Adsquare’s right to extraordinary terminate the Platform Agreement and the Order Form, for any (non-agreed) use outside of this Service Licence and/or claim damages, as applicable, shall remain unaffected.

b. Service Licence Restrictions. The Client shall not use, store, publish, modify, reproduce, rent, give away, lease, sublicense, share, sell or otherwise commercially use the information provided in any Adsquare Service or Adsquare Data for any purpose other than those set out in the General Terms and Conditions and/or the applicable Order Forms. This includes not using Adsquare Data for audience insights, targeting, retargeting, profiling, and/or segmentation of users outside of the Platform and/or a Platform Partner.

4. Adsquare Data, Client Data and the parties’ Intellectual Property Rights

4.1. Adsquare Data. “Adsquare Data” shall mean all data used to provide the Adsquare Services to the Client. Adsquare Data includes data sets from various third-party data sources, which may contain personal data. However, the Services do not include the sharing, provision or sale of such data sets directly to the Clients, who may only use the Adsquare Data to activate campaigns via Platform Partners or for the visualisation of aggregated statistics in the Platform or via a Platform Partner.

4.2. Intellectual Property Rights of Adsquare. All rights to the Platform and all other software and databases which are used by the Client in accordance with the General Terms and Conditions and/or the Order Form, as applicable, shall remain with Adsquare. Any rights of use granted by Adsquare under the General Terms and Conditions and/or the Order Form do not include any rights to any data records, methods, software, code, algorithms, or tools, regardless of whether they are owned, licensed, or developed by Adsquare for the provision of the Services, or any other background materials. The Client shall not store, publish, modify, reproduce, rent, give away, lease, sublicense or otherwise commercially use any software, applications or databases provided by Adsquare within the scope of the Adsquare Services other than as set out in these General Terms and Conditions and/or Order Form.

4.3. Client Data and Client’s Intellectual Property Rights. To the extent Client provides Adsquare with any (personal) data collected on Client’s properties or that is otherwise made available to the Client (“Client Data“), the Client grants a license to Adsquare to use Client Data solely for the purpose of providing the Adsquare Services. Any intellectual property rights of the Client regarding Client Data transferred to Adsquare for the provision of Adsquare Services remains the property of the Client. Further rights and compliance obligations as per applicable data protection laws remain unaffected (see Section 13 below).

5. Adsquare’s Platform

5.1. Access to the Platform.

a. Depending on the Service(s) used by the Client, the Client will have access to certain modules of the Platform, the Adsquare Services and/or an interface (“API”) of the Platform.

b. The login credentials required to access the Platform will be sent to the Client by email to the email address provided by the Client during registration on the Platform as described above.

c. The Client shall only use the login credentials provided by Adsquare and shall not disclose them to unauthorised parties.

d. The Client shall ensure that only authorised personnel and Client Users have access to the Platform and shall protect the login credentials.

5.2. Data Integrity and Compliance.

a. The Client shall not upload, input, or process Client Data that violates applicable data protection laws, intellectual property rights, or other third-party rights.

b. The Client is responsible for ensuring all Client Data uploaded or transmitted to Adsquare is accurate, lawful, and does not contravene the unlawful use provisions in Section

c. As per Section 3.2. (b) the Client shall not retain, store, or use Adsquare Data beyond the permitted purpose according to the Platform Agreement and/or Order Form, unless expressly authorised by Adsquare.

5.3. Availability

a. Average Availability. To the extent the Adsquare Services are provided directly by Adsquare and not via a Platform Partner, Adsquare warrants an average availability of 98 percent of the time per month of the Platform (hereinafter “Availability”) to the Client. Any planned downtimes for care, maintenance and updates of hardware and software, as well as downtimes due to circumstances for which Adsquare is not responsible, are considered as Availability. Planned downtimes are already considered in the calculation of the fees and do not entitle the Client to reduce them. To the extent the Adsquare Services are provided via a Platform Partner, the availability times communicated by the respective Platform Partner shall apply.

b. Planned downtimes. Adsquare will inform the Client of planned downtimes by email at least three (3) days in advance; planned downtimes may not exceed 10 hours per month.

5.4. Fair Use and System Performance.

a. The Client is expected to comply with Adsquare’s usage guidelines which are accessible through resources such as the Adsquare Help Centre, onboarding sessions, and other product documentation provided to the Client. Compliance with these guidelines is essential to prevent unnecessary system load and to ensure optimal performance of the Platform.

b. The Client shall refrain from using automated scripts, bots, or unauthorised software to interact with the Platform unless explicitly permitted by Adsquare.

5.5. Security and Reporting Obligations.

a. The Client is obligated to protect the Platform against unauthorised access, misuse, or exploitation

b. The Client must immediately report any malfunctions, security breaches, unauthorised use, or suspicious activities to Adsquare Support Desk.

c. The Client is required to cooperate with Adsquare in diagnosing and resolving any issues affecting the Platform’s operation.

5.6. Communications.

a. The Platform provides a communication tool that enables the Client to send messages to Adsquare, e.g. if the Client has any technical or contractual questions. Adsquare may use this communication tool to send messages to the Client (e.g. information on updates, planned downtimes) or advertising messages (if the legal requirements for sending advertising messages are met).

5.7. Adsquare API. If and to the extent the Client uses a separate technical interface (“Adsquare API”) to use Adsquare Data or Adsquare Services, the following obligations apply:

a. Only the API keys or authorisation methods provided by Adsquare for the respective purpose are used (in particular, that third-party API keys or authorisations are not used).

b. No unnecessary load is generated on the backend, e.g. by non-compliance with the API specifications.

c. The Client shall ensure that it has the technical requirements to use the Adsquare Services in terms of hardware and software, Internet connection and interface access through its own programs and/or web services.

d. The Client shall regularly back up the Client Data used for the Adsquare Service.

e. The Client shall implement technical measures to protect its systems from unauthorised misuse by third parties.

f. Client Data required for the use of the Adsquare Services is transmitted in a manner corresponding to the API specifications.

g. The Adsquare Services may only be used to optimise, measure and analyse marketing and advertising services. When accessing the Adsquare Services via the Adsquare API, the Client undertakes to delete the data received from Adsquare immediately after the delivery of the advertising material and/or processing of the request.

h. The Client shall inform Adsquare immediately of any error or malfunction of the Adsquare Services. The Client shall use its best endeavours to describe errors in a meaningful manner and to follow the instructions provided by Adsquare for the elimination or circumvention of the error.

6. Unlawful Use of the Services and/or the Platform  

6.1. The Client shall ensure that the use of the Adsquare Services, Adsquare Data and Client Data on the Platform or via Platform Partners complies with applicable laws, regulations and the General Terms and Conditions and/or the Order Form, as applicable.

6.2. It is strictly prohibited to use Adsquare Data or Adsquare Services to:

a. Advertise pornography and/or content or products harmful to minors.

b. Advertise content that is offensive, sexist, racist, discriminatory, or that glorifies violence and/or national socialism.

c. Advertise Content that infringes third party rights.

d. Aside from Client User’s Data, to upload Client Data into the Platform that contains personal data that allows a person to be directly identified, such as name, email or address or that directly or indirectly reveals a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation, sex life, or biometric data for the purpose of uniquely identifying a person.

e. To derive racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, sexual orientation, sex life, or biometric data for uniquely identifying individuals or to create advertisement segments names that refer to these categories of data.

f. To create misleading segment names that may directly or indirectly refer to a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health conditions, sexual orientation, sex life, or biometric data for the uniquely identification of individuals.

g. To store Adsquare Data provided through the Adsquare Services and combine it with any Client Data.

6.3. The Client will use the Services or the Platform exclusively for itself or in its capacity as a Commission User on behalf of its advertising clients and their digital advertising campaigns (“Campaign Beneficials“) that (i) comply with all applicable legal requirements (in particular regulatory requirements), (ii) hold (where applicable) all government permits/licences required for the provision, manufacture, distribution and/or advertising of the respective goods and services and (iii) that no regulatory or criminal proceedings are pending against any Campaign Beneficial and/or any of its board members, at the time of entering into the Platform Agreement and/or any Order Form and during their Term.

6.4. Adsquare reserves the right to suspend access to the Platform and/or the respective Services in the event of an (alleged) breach of this Section 6 until the matter or the underlying allegation has been finally resolved and/or to terminate the Platform Agreement and the Order Form, as applicable, with immediate effect in case of a proven breach of this Section 6. Any further rights of Adsquare to claim damages remain unaffected.

7. Changes of the Services and the Platform

7.1. Adsquare may, without being obliged to do so, continuously develop and/or expand the scope of the Services as well as the Platform and reserves the right to modify the Platform and/or the Services (e.g. changes and expansions of data dimensions and formats, changes to the API specifications). To the extent Adsquare makes changes to the Platform and/or Services during the term of the Platform Agreement and/or Order Form, the rights granted under Section 3 also apply to these changes. 

7.2. To the extent the changes are material and/or influence the use of the Platform and/or Services by the Client, Adsquare will inform the Client about the changes by email in due time, but no later than 14 days before changes come into effect. If the changes lead to material detriments for the Client or if the use of the Platform and/or Services is made unreasonably complicated for the Client, then the Client may extraordinarily terminate the agreement with immediate effect. Termination must be made by email within 14 days after receipt of the notification about the change. Any use of the Services after effectiveness of the change is deemed as acceptance of the change.

8. Term and Termination

8.1. Term and Termination of the Platform Agreement. Either party may terminate the Platform Agreement with a notice period of one week by written notice to the other party (email is sufficient). Any statutory right of the parties to terminate the Platform Agreement for important cause (extraordinary right of termination “außerordentliches Kündigungsrecht”) remains unaffected. Adsquare will not grant the Client access to the Platform after the termination of the Platform Agreement. If the Client uses any Adsquare Service after the effective date of the termination, Adsquare is entitled to royalties for the delivery of this Adsquare Services in accordance with Section 9.    

8.2. Term and Termination of the Order Forms. An Order Form shall become effective on the Activation Date set out in the Order Form and shall remain in force until the first anniversary of the Activation Date (“Initial Term“). It shall continue for 12-month automatic renewal periods (“Additional Term“) (Initial Term and Additional Term both also referred to as “Term“) unless terminated in writing (email will suffice) by either party with three (3) months’ notice prior to the end of a Term. The right to terminate the Order Form extraordinarily for an important cause (extraordinary right of termination “außerordentliches Kündigungsrecht”) remains unaffected.

8.3. For the avoidance of doubt, in the event that the Client and Adsquare have agreed on an Order Form with a different Term and termination rights, the rights of the parties are subject to any terms and conditions set out in the Order Form.

9. Royalties and Invoicing

9.1. Fees. The Client’s access to and use of the Services is subject to the prices and payment models specified by Adsquare on the Platform and/or in the Order Form, as applicable (collectively “Fees“). The parties may agree on different Fees for a specific campaign, time-limited promotions, or a special project. Such modifications can be agreed upon via email by Adsquare and the Client.

9.2. Reporting. To the extent required for invoicing when the Services are used via Platform Partners that do not allow a direct measurement of the Client’s use of the Services by Adsquare, the Client will provide detailed, accurate and complete information, including media budget spent and/or billable impressions of the campaign, according to the pricing model selected, as well as the number of conversions being reported about its use of the Services via a Platform Partner (“Usage Data“) on a weekly basis via a CSV file. If and to the extent supported by a Platform Partner, the Client shall (i) provide Adsquare with direct access to, or (ii) ensure that Adsquare is automatically and directly provided with Usage Data by the Platform Partner and shall complete all necessary steps to set up such direct reporting. In any event, the Client must not amend, modify, supress, delete or otherwise change the Usage Data prior to submission to Adsquare. The Client shall retain copies of the Usage Data for a period of two (2) years.

9.3. Invoices.

a. Adsquare will invoice the Client for the Fees agreed in the Order Form.

b. In the case of Fees for Services based on Usage Data (see Section 9.2 above), Adsquare will charge the Client for the use of the Services based on the Usage Data. The Fees will be calculated on the basis of the applicable Fees as defined in 9.1 and the Usage Data provided by the Client and invoiced to the Client on a monthly basis.

c. Invoices issued by Adsquare are due and payable within 30 calendar days from the date of the invoice (hereinafter “Due Date“) and are subject to interest in the amount of 9 percentage points above the respective applicable base interest rate of the ECB from the 15th calendar day after the Due Date. 

9.4. Minimum Commitment. The parties may agree in the Order Form that the Client will use a minimum amount of Services to be paid to Adsquare (“Minimum Commitment Fee”) during a certain period of time (“Commitment Term”). If a Minimum Commitment Fee is agreed, the Client agrees to pay Adsquare the Minimum Commitment Fee during the Commitment Term in order to receive the Fees specified in the Order Form. During the Commitment Term, Adsquare will invoice the Client for the actual usage based on the Usage Data and the agreed Fees. After the Commitment Term higher Fees might apply and Adsquare will invoice the Client the use of the Services according to clause 9.3. (a).

9.5. Price Adjustments. Adsquare may increase the Fees up to a rate of 10% of the current Fees to account for rising service, employment and infrastructure costs. The Fees shall increase after Adsquare has provided notice thereof by email to the Client and become applicable with a 30-day notice period to the end of a contractual year. The Client has an extraordinary right of termination, which the Client may exercise after receiving notice until the price increase takes effect. Adsquare will inform the Client of this right of termination in their notice.

10. Verification.

10.1. Adsquare may require access to the Client’s records, files and databases (“Verification Information“), to verify the Client’s compliance with the Platform Agreement and, if applicable, the Order Form, including the accuracy of the Usage Data provided, and the Client shall provide Adsquare with the Verification Information as may reasonably be required by Adsquare. Adsquare may commission third parties to conduct the verification, provided that such third party (i) enters into a confidentiality agreement on terms acceptable to the Client and (ii) are not employed by, or otherwise have a commercial affiliation with, a competitor of the Client. The Client will bear the cost of the verification of Usage Data if it reveals (a) an underreporting of the Client of more than five (5) percent in the verification period or (b) material non-compliance with Section 3 of this Agreement; otherwise, each party bears its own costs of the verification.

10.2. Additional Charges. In the event that Adsquare determines that the Client has provided inaccurate or incomplete Usage Data (whether in the course of a verification or otherwise), Adsquare will charge the Client the difference between the amount stated in the original invoice(s) and the Fees calculated on the basis of the correct Usage Data, plus interest in the amount of 9 percentage points above the respective applicable base interest rate of the ECB from the due date of the original invoice.

11. Warranty

11.1. Adsquare warrants the Availability of its Services as defined Section 5.3. In the event that Adsquare fails to meet the Availability targets outlined in Section 5.3, the Client is entitled to remedies with regard to partial remuneration or other legal basis for the reduction of Fees. The amount is limited proportionally to the duration the Services being unavailable based on the Client’s monthly invoiced Fees. For clarity, the statutory provisions in terms of partial remuneration or any other legal provisions with regard to the reduction of remuneration shall not apply. Any other statutory rights remain unaffected, unless the parties have agreed otherwise in the Platform Agreement and/or Order Form. However, the liability limits set out in Section 12.2 shall apply.

11.2. Adsquare assumes no responsibility for the functioning and uninterrupted operation of the Client’s Internet connection. 

11.3. In relation to Adsquare Data, Client acknowledges that Adsquare Data contains data sets (including personal data) from various third-party data sources and thus, Adsquare’s obligations are limited to the extent that Adsquare Data can be used by the Client for the provision of the relevant Services. Any obligation (and/or liability) of Adsquare with respect to the correctness and accuracy of Adsquare Data as well as any further use of Adsquare Data by the Client is excluded.

11.4. If the use of the Services encounters irregularities or is otherwise impeded, the Client is obligated to inform Adsquare hereof immediately.

12. Liability

12.1. Adsquare is fully liable in case of wilful intent, deception and gross negligence, in case of personal injury and in case of claims under the German Product Liability Act. 

12.2. Liability of Adsquare in case of a simple negligent breach of a material contractual duty (core duty – “Kardinalpflicht”) is limited (i) to the amount of the foreseeable damages typical to the contract, which the parties unanimously hold to amount to the royalties which the Client has to pay to Adsquare in connection with the campaign underlying the event which gave rise to the damages (the right of the Client to demonstrate higher damages remains unaffected) but in any event capped at EUR 250,000.00. Core duties within the meaning of this provision include the main contractual performance obligations and obligations whose fulfilment is essential  for the due and proper implementation of the contract and on the fulfilment of which the Client may generally rely.

12.3. Any other liability of Adsquare is excluded. In particular, Adsquare does not assume any liability or responsibility for (i) the design or lawfulness of the Client’s advertising materials, (ii) the Client’s use of Adsquare Data being made available via the Services, and (iii) the lawful collection of Client Data in accordance with applicable data protection laws.

12.4. The Client indemnifies Adsquare from all third-party claims, including damage compensation and liability claims as well as reasonable attorney’s fees which are asserted against Adsquare in or out of court because of or in connection with (i) a culpable breach of the Client’s contractual duties or (ii) an infringement of duties under data protection or competition law by the Client. In such cases, the Client will assist Adsquare in the legal defence and provide all necessary information. Adsquare is solely entitled to conduct the litigation, including the right to enter into settlement agreements (whether in court or out of court) or to otherwise end the dispute.

13. Data Protection

13.1. Both Adsquare and the Client – respectively the Commission User – each act as an independent data controller regarding any Client Data provided by Client to Adsquare as well as Adsquare Data made available via the Platform for the Client, unless explicitly agreed otherwise between the parties in a separate agreement.

13.2. Where the Client is a Commission User that acts as a data processor for its advertising client(s) Client (i) represents and warrants that it is authorised to enter into a Platform Agreement and/or Order Form, as applicable, for the benefit of its advertising client(s) and (ii) acknowledges that for the purpose of Section 13.1, the Client’s respective client(s) will be the data controller(s). The Client will provide to Adsquare all information and assistance as may be required for Adsquare to comply with data protection laws including but not limited to all laws, regulations, rules, and orders applicable to the processing of personal data in the territories covered by the Services.

13.3. The Client may only use Adsquare Data for the purposes of making use of the agreed Adsquare Services as per Platform Agreement and/or Order Form, as applicable. Any repurposing of Adsquare Data is expressively prohibited. The Client must impose this repurposing ban also to the Commission User (if applicable).

13.4. The Client warrants towards Adsquare that it – respectively the Commission User – complies with its statutory obligations, in particular all data protection obligations resulting from applicable data protection laws. The Client acknowledges that it may be necessary in some jurisdictions that the user is informed about (i) the use of personal data in connection with the use of the Adsquare Services and/or (ii) a possibility to object to this use, and/or to obtain the consent of the user prior to such use. Compliance with the respective statutory provisions is the responsibility of the Client. The Client explicitly acknowledges that Adsquare Data originates from third party data providers with whom Adsquare has agreed reasonable contractual terms to ensure that the Adsquare Data can be used for the purposes mentioned in this General Terms and Conditions and/or as agreed in the Order Form, as applicable. Adsquare will use best efforts to procure necessary additional information in relation to the Adsquare Data from the third-party data providers if and to the extent necessary for the defence of the Client against any third-party claims in relation to the use of Adsquare Data.

13.5. Adsquare’s Clients shall not use Adsquare Data or Services to infer any personal data of data subjects that could be considered special categories of personal data by applicable data protection laws, including:

i. Health care facilities (e.g., family planning or pregnancy centres, general medical and surgical hospitals, offices of physicians, offices of mental health physicians and practitioners, residential mental health and substance abuse facilities, outpatient mental health and substance abuse centres, outpatient care centres, psychiatric and substance abuse hospitals, and specialty hospitals).

ii. Religious organisations.

iii. Correctional facilities.

iv. Labour union offices and locations of public gatherings of individuals during political or social demonstrations, marches, and protests. 

v. Locations of entities held out to the public as predominantly providing education or childcare services to minors.  

vi. Associations held out to the public as predominantly providing services based on racial or ethnic origin.

vii. Locations held out to the public as providing temporary shelter or social services to homeless, survivors of domestic violence, refugees, or immigrants.

viii. Locations held out to the public as predominantly providing services to LGBTQ+ individuals.

13.6. Adsquare will inform the general public on Adsquare’s website (e.g. http://www.adsquaremedia.com/privacy/) about opt-out options and its data processing activities including all purposes to provide the Service. The Client may refer to this information within its own privacy notice. However, Adsquare does not warrant that the information on Adsquare’s website is correct and complete in terms of the Client’s – respectively the Commission User’s – own information obligations. Therefore, Adsquare does not accept any liability in this respect.

14. Miscellaneous

14.1. The General Terms and Conditions are subject to the laws of the Federal Republic of Germany under exclusion of UN Sales Law.

14.2. Sole venue for all disputes under or in connection with this contractual relationship is Berlin, Germany. 

14.3. Any invalidity of a term of this agreement does not affect the other terms of this agreement. Invalid terms are to be replaced by such terms which most closely resemble the intended economic effect of the invalid term. This also applies in case of any gaps which need to be filled. 

14.4. Any terms which deviate from or supplement the foregoing terms, as well as a waiver of this written form requirement, can only be agreed in writing (email sufficient). There are no oral ancillary agreements.

View the previously published Terms & Conditions here.