Terms and Conditions ("Terms") of Use
Last updated: September 11, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.adlantern.app website (the "Service") operated by AdLantern ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Thanks for using AdLantern’s product, service, website, and app which are branded as "AdLantern".
These Terms contain the terms under which AdLantern provides its Services to you and describes how the Services may be accessed and used.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
2.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
2.2 If you have been issued an account by AdLantern in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not AdLantern, are responsible for any activity occurring in your account (other than activity that AdLantern is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify AdLantern immediately.
2.3 AdLantern may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
3. Fees and Payments
3.1 You agree to pay to AdLantern any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify AdLantern of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
3.2 Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
3.3 Unless otherwise stated, you are responsible for any taxes (other than AdLantern's income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay AdLantern for the Services without any reduction for Taxes. If AdLantern is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide AdLantern with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
3.4 AdLantern may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. AdLantern will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
3.5 Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4. Acceptable Uses
4.1 Legal Compliance: You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services
4.2 You are responsible for your conduct and communications with others while using the Services. You must comply with the following requirements when using the Services:
- (a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
- (b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- (c) You may not circumvent or attempt to circumvent any limitations that AdLantern imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
- (d) Unless authorized by AdLantern in writing, you may not probe, scan, or test the vulnerability of any AdLantern system or network.
- (e) Unless authorized by AdLantern in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
- (f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
- (g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
- (h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. AdLantern will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to AdLantern.
- (i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- (j) Unless authorized by AdLantern in writing, you may not resell or lease the Services.
- (k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless AdLantern has agreed with you otherwise. You may not use the Services in a way that would subject AdLantern to those industry-specific regulations without obtaining AdLantern's prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with AdLantern that permits you to do so.
- (l) You may not register accounts by “bots” or other automated methods.
5.1 By You: You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
5.2 By AdLantern: AdLantern may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. AdLantern may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. AdLantern may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after AdLantern has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, AdLantern may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where AdLantern may decide that we need to take immediate action without notice. AdLantern will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
5.3 If AdLantern stops providing the Services to you because you repeatedly or egregiously breach these Terms, AdLantern may take measures to prevent the further use of the Services by you, including blocking your IP address.
6. Governing Law
These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
7. Changes and Updates
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
8. Contact Us
If you have any questions about these Terms, please contact us.