These General Terms and Conditions ("Terms and Conditions") of the company govern mutual rights and obligations between the Provider and a natural person - entrepreneur (in the course of his/her business activity) or a legal person ("Customer"), arising in connection with the provision of a service consisting of using the Social2Display.com Application, which is designed to create content for Display Ads (HTML5 + CSS) from Facebook Media Post(s). Application Social2Display.com is located at https://www.social2display.com/.
Provisions different from the terms and conditions can be agreed upon in the Contract. Different agreements in the Contract or other arrangements between the parties shall take precedence over the provisions of the Terms and Conditions.
The terms and conditions are published at https://www.social2display.com/. Terms and conditions are written in Slovak and English language. In case of discrepancies between the individual language versions, the Slovak version takes precedence.
The Provider may amend the wording of the business or Contractual (in case of different conditions agreed in the Contract) conditions. The Provider shall inform the Customer of any such change in an appropriate manner (notice to the email specified at the time of registration to the Social2Display.com Application or to another Customer's used and known to the Provider email address) at least thirty (30) days prior the change comes into effect. The Customer shall have the change effective as of the date specified in such notice. If the Customer does not agree with the change of the Terms and Conditions, the Customer has the right to terminate the Contract as of the effective date of such change. The Customer must deliver the termination of the Contract no later than one (1) day before the change of conditions becomes effective. Otherwise, Customer is deemed to agree to the change. This provision is without prejudice to the right of the Provider and the Customer to terminate the Contract in other cases stipulated by the Contract or these Terms and Conditions, or for legal reasons.
"Contract" - License Agreement for the Use of the Social2Display.com Application concluded between the Provider and the Customer to provide the Social2Display.com Application for the creation of content for Display Ads published at https://setup.social2display.com, concluded in accordance with Art. III. of these Terms and Conditions.
"Social2Display.com Application" - an application for creating content for Display Ads (HTML5 + CSS) from Facebook Media Post(s) which can be used on various network(s) such as GDN or programmatic networks, which Customer manages themselves through the Provider's administration interface. The Social2Display.com application is a work within the meaning of Act no. 121/2000 Coll., Copyright law. Social2Display.com is copyrighted as a computer program, as well as its individual modules, contained databases, and graphics that are part of the software. The Executor and Licensor is the proprietor of all proprietary copyrights to the Social2Display.com Application, including all modules created therefrom.
"Facebook" - a social media, where company(ies) use to manage and create their media posts = content on their Facebook Fanpage(s).
"Provider" - business company or another business entity providing it service or performance under the Contract on behalf of
"Customer" - a business entity holding a valid business license within the territory to which the Provider provides services or performance, which has validly concluded a contract with the Provider and at the relevant time is in a contractual relationship with the Provider or from an already terminated contractual relationship has unsettled rights and/or obligations towards the Provider.
The customer registers at https://setup.social2display.com under the selected email address and chooses a password ("access data"). As part of the registration process, the Customer shall also provide his / her telephone number, www address of the business and define the type of customer or other data required by the Provider. The Customer is obliged to notify the Provider of any change of these data without delay. As part of the sign-up, the Customer will link their Facebook Fanpage URL, which will link Facebook Media Posts via the Facebook Graph API. Upon registration, a user account will be created in the Social2Display.com Application.
The Customer logs in with their Social2Display.com Application credentials at https:// setup.social2display.com. In the Social2Display.com Application, Customer may create Display Ads based on the content of their linked Facebook Fanpage ID.
The first time a user's Social2Display.com account is created, the Contract is concluded and Customer is automatically granted a trial license to use the Social2Display.com Application for free for the next 7 days. The Provider may extend the trial license upon the Customer's request. If the Customer expires a trial license without requesting a renewal or showing interest in a paid plan, the Provider is entitled to suspend the synchronization of the client's Social2Display.com account and set all campaigns created by the Social2Display.com application to paused. The Provider has the same right if the Customer fails to pay the license fee charged by the Provider for the next period.
The Provider reserves the right to withdraw from or not to conclude the Contract with any Customer without giving any reason.
The customer has the option to add billing information in the administration of his user account at any time. Before the trial license expires, Social2Display.com will automatically show the subscription fee for paid license use for the next period using the procedure described in Art. VI. of these terms.
By the Contract, the Provider undertakes to provide the Client with a non-exclusive license to use the Social2Display.com Application as an unprocessed work in its original form and only for its business purposes to the extent and under the conditions stated in these Terms and Conditions. The Customer undertakes to pay the price to the Provider based on the price list. The current license price for the next term will be displayed to the Customer in the Social2Display.com Application, the length of the period for which the license is purchased. Alternatively, the price list will also be available on the Provider's website - Social2Display.com.
The Parties may also conclude the Contract in writing. In such case, the provisions of these Terms and Conditions on the manner of concluding the Contract shall apply accordingly. Any divergent arrangements in such a Contract shall take precedence over those set forth in these Terms and Conditions.
Campaigns which contain Display Ads will be created in Social2Display.com Application under Customer’s account.
The Provider is entitled to restrict or suspend the provision of Social2Display.com Services if such provision is rendered impossible due to reasons arising from third parties or force major (e.g. Fire, Flood, etc.) or due to failure of other Providers if these events could not be objectively prevented.
The Provider shall not be liable for any malfunction of the Facebook and Facebook Graph API or other systems operated by others if these are necessary to use the Social2Display.com Application. In such a case, the Customer shall not be entitled to a refund of the price paid for the provision of services.
The Provider shall always be liable to the Customer only for the damage caused by the use of the Application up to the sum of the license fee for the two months preceding the month in which the damages occurred, which was agreed upon between the Provider and the Customer.
The Provider is committed to making every effort to implement changes to the Facebook Graph API in advance. However, the Provider bears no responsibility for the malfunction of the Social2Display.com Application, which originates from unpredictable changes to the Facebook Graph API that the Provider could not implement in advance, even with due diligence, or in the event of a failure of the Facebook Graph API. In such a case, the Customer shall not be entitled to a refund of the price paid for the provision of services.
The Provider shall not be liable for any damage caused by the Customer during the creation campaigns with Display Ads based on Media Posts or caused by the content created by the Customer. The Customer owns the copyright of all content (created texts, graphics, keywords, etc.) embedded by him into the Social2Display.com Application. The Customer is fully responsible for the content of the Applications he creates and the accuracy of the data. In the event that the Provider is obliged to cover damages caused to a third party by Customer's usage of the Application, the Customer is obliged to immediately pay for such damages to the Provider.
The Provider shall not be liable for any negligent and/or intentional infringement of any third party's intellectual property rights arising from the Customer's use of the Social2Display.com Application. The Customer waives the right to claim damages against the Provider caused to third parties by infringement of intellectual property rights.
The Provider is not responsible for any temporary or permanent loss, corruption or destruction of Customer/third party data in connection with the use of the Social2Display.com Application. The Customer is obliged to provide the Provider with all the assistance necessary to ensure the proper provision of the service and, in particular, to provide in due time all necessary information and documents requested by the Provider if such provision is necessary to fulfill the purpose of the Contract.
The Customer is not entitled to modify, make available to third parties, rent, or sublicense in any way the Social2Display.com Application.
Social2Display.com will be available with a 99.5% uptime guarantee. Scheduled availability outages will be reported at least 24 hours in advance by email and will not be scheduled for public holidays and important days (eg Christmas, Black Friday, etc.). If possible, planned outages will be scheduled mainly at night or on weekends. In case of an unexpected failure of the Application, the full functionality will usually be restored within 2 hours of the failure.
The Provider provides free technical support and assistance necessary for the Customer's effective use of the Social2Display.com Application for the duration of the Contract. If the Customer is interested in paid technical support and assistance services, the Customer shall discuss the terms with the Provider in a separate contract.
The price for the Services (= License Fee) provided to the Customer under the Contract is based on actual price list which can be found on Social2Display.com. The Customer pays the License fee for the next 30 or 90 days. The Provider publishes the price list at Social2Display.com. Prices in the price list are without VAT. The Provider is entitled to unilaterally modify or change the offer of the number of days for which the license can be purchased; the provisions of these terms relating to the amendment of these Terms and Conditions shall be applied accordingly.
If the Customer wishes to continue using the Social2Display.com Application after the expiration of the free Trial License and accepts the Provider's proposed/generated price for continued use of the License, the Customer chooses one of the options for paying the license fee. These options are:
A) Payment by card. After entering the identifiers of the card used by the Customer, the license fee is collected and the recurring automatic payments calculated by the Application according to the currently valid price list are always set for the next subsequent periods of 30 or 90 days. After the payment has been credited to the Provider's bank account, the Provider will send the Customer an electronic invoice stating the tariff selected and paid by the Customer. The Customer may at any time cancel recurring payment settings in their payment gateway settings. Failure to make a payment entitles the Provider to suspend the Social2Display.com client's account and set all Social2Display.com campaigns and created Display Ads to paused, which may be renewed at any time after the payment is made at a later date.
B) Payment by transfer. The Provider shall send to the Customer an advance invoice for the license fee with the amount calculated by the Social2Display.com Application according to the valid price list for the following period defined by the number of days of the license validity. The advance payment invoice shall be settled for 30 days from its delivery to the Customer. After the payment has been credited to the Provider's bank account, the Provider will send the Customer an electronic billing invoice. This is then automatically repeated until the change notified by the Customer or the Provider. If the Customer is not interested in a license for an additional period after the purchased license expires and fails to pay the generated payment invoice, the Provider has the right to suspend the Social2Display.com client's account and set all Social2Display.com campaigns to paused, whereby recovery may take place at any time after payment has been made at a later date.
The Customer undertakes to maintain the confidentiality of the Provider's confidential information and trade secrets and not to disclose it or to give access to it to third parties or not to use it for its own benefit or for the benefit of third parties. For the avoidance of doubt, the Provider identifies the following information as confidential: technical or business data of the Provider or other Provider information that is not publicly available, in particular data, know-how, computer programs used, processes, designs, concepts, specifications, pricing information, business, financial and marketing plans, information, other legally protected intellectual property created by the Provider, and other information that the Provider marks as confidential. Similarly, the Customer undertakes to protect access data from misuse; The Provider shall not be obliged to compensate for any possible misuse of the access data by a third party.
The Provider undertakes to maintain confidentiality of the Customer's confidential information and trade secrets and not to disclose or give access to them to third parties or not to use them for its own benefit or for the benefit of third parties.
The Parties undertake to ensure that confidential information is not divulged to third parties and further undertake not to disclose confidential information or make it available to third parties. Obligation to maintain confidentiality in relation to confidential information, business secrets, etc., ie. not to disclose them or to give access to them to third parties, lasts indefinitely and the parties are obliged to adhere to it even after the eventual termination of the Contract.
For the term of the Contract, the Customer gives the Provider permission to use his/her personal identification, company logo and the name and logo of the website whose Facebook Fanpage is used as a business reference under the license provided. If the logo is protected by industrial law, the Customer grants the Provider a free license to use the logo for this purpose.
The Customer gives the Provider consent to anonymized (without the possibility to specify any Customer identifiers except the industry in which the client operates) processing of data from campaigns of the end-user of the license (website) and their use as a business reference. If the Provider is interested in presenting data from the Customer's campaigns with their identifiers, prior written or e-mail consent is required.
The Contract is concluded for an indefinite period of time, unless otherwise agreed upon in the Contract or by consensus of the Parties.
The Services will be provided to the Customer by the Provider for the duration of the Contract. However, the Service may be interrupted by the Provider: • for the duration of the obstacle on the part of the Provider objectively preventing the provision of any of the services provided by the Contract, or • in other cases where permitted by the Contract or the Terms and Conditions.
The Provider has the right to terminate the provision of services under this Contract unilaterally and to terminate the Contract in the event that the Customer's action constitutes a breach of the Contract or the Terms and Conditions arising therefrom. In particular, a breach of the Contract is considered to be: • repeated failure to fulfill obligations under the Contract and/or these Terms and Conditions, • use of the Services provided in violation of the Contract, these Terms and Conditions or applicable law, good morals, and generally shared ethical values (e.g. uploading pornography, etc.)
Customer has the right to terminate the Contract if: • the Application Social2Display.com will be repeatedly unavailable to an extent beyond reasonable time to restore its availability. • Provider will use Customer's business information for any purpose other than to fulfill the Contract.
The notice of termination must be made in writing and must be sent to the other party to the email provided by the Customer at registration, or to another Provider notified email (in case of termination by the Provider) or to firstname.lastname@example.org (in case of termination by the Customer). Where possible, given the nature of the notice, the notice must be preceded by at least one notice calling for redress. The denunciation takes effect on the day following the date of dispatch of the denunciation to the other party (the denunciation is without notice period).
Both the Provider and the Customer are also entitled to terminate the Contract by written notice without giving any reason. The notice period in this case is 2 months and begins on the first day of the month following the month in which the notice was delivered to the other party.
It is also possible to withdraw from the Contract in accordance with the arrangements specified in these Terms and Conditions or in an individually negotiated Contract with the Customer.
The Contract between the Customer and the Provider becomes valid and effective upon its conclusion.
For the service of documents, the Parties agree that the effectiveness of any act shall be maintained even if one party does so in writing and sends it through the postal operator to the address of the other Contracting Party. Such a document shall be deemed to have been received on the third day following its demonstrable sending.
If any provision of the Contract or these Terms and Conditions becomes invalid or ineffective, such invalidity or ineffectiveness shall not affect the other provisions of the Contract or these Terms and Conditions.
The contractual relationship and disputes arising from it are governed by Act No. 513/1991 Coll., Commercial Code, as amended. The court having jurisdiction to resolve disputes arising from this Contract or related to the Contract is the General Court of the Provider. In the case of an international element, the applicable law is the law of the Slovak Republic.
These terms and conditions replace all previous Terms and Conditions and come into effect on 18.11.2021.