Terms of service for buyers (advertiser)

1. Scope

These Standard Business Terms for adstock Buyers (hereinafter referred to as the “Standard Business Terms”) apply to the cost-free use of the adstock.io online platform (hereinafter referred to as the “Online Platform”) as well as to all contracts concluded between myfolio UG (haftungsbeschränkt), Thüringerstr. 69, 30179 Hanover, Germany (hereinafter referred to as “we” or “adstock”) and you as our customer (hereinafter referred to as “customer” or “buyer”) on such Online Platform.

For the foregoing purposes, our offers are addressed tos both entrepreneurs within the meaning of section 14 German Civil Code (“BGB”) (hereinafter referred to as “entrepreneurs”) and consumers within the meaning of section 13 BGB (hereinafter referred to as “consumers”) and likewise apply to all future business relationships even if our Standard Business Terms are not expressly agreed again in future.

As defined in section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his/her trade or independent business or profession.

As defined in section 14 BGB, an entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts within the scope of his/her or its trade or independent business or profession.

2. Performance by adstock

adstock provides all of the following goods and services exclusively on the basis of these Standard Business Terms. Any standard business terms of the buyer that vary from these Standard Business Terms do not become a element of any contract even if adstock does not expressly object to their inclusion.

We sell products and services in our own name and for our own account from dealers and service providers (hereinafter referred to as “contractual partners”) who, once a buyer makes a purchase via adstock, have an obligation toward us to directly provide the relevant supply of goods or services to the buyer. Accordingly, the products or services concerned are provided by our contractual partners (whose username appears during the ordering process) who are acting as our agents. The foregoing applies in like manner to all types of services.

3. Contract formation

Placing a product at adstock.io does not represent a binding offer on the part of adstock to conclude a purchase agreement with the buyer. In order to purchase products at adstock.io, the buyer may place the desired merchandise into the cart and then enter the address data into the address form. After selecting the desired payment form, and accepting these Standard Business Terms, the buyer then submits a binding offer by clicking the “Buy it now!” button. Following the order process, the buyer will receive an request confirmation from adstock by email. However, the request confirmation does not represent binding acceptance of the offer sent by the buyer to adstock.

adstock saves the contract text for the request. We also send the buyer an request confirmation and an order acceptance to the email address indicated by the buyer.

The buyer may access additional information regarding our privacy policy at any time under https://www.adstock.io/privacy.

Acceptance on the part of adstock is indicated by means of an explicit declaration of acceptance sent by email to the buyer by the end of the second business day following the day of the request at the latest.

adstock is entitled to reject contract offers without need to state the reasons.

Offers by adstock are non-binding and subject to change if the buyer is an entrepreneur.

The exclusive contract language is English.

4. Prices

The prices in effect at the time an order is placed are applicable. All prices are indicated in dollars and are understood to include VAT and sales tax.

In the case of a purchase agreement between adstock and the customer, the purchase price, is immediately due for payment. adstock will execute the transaction as soon as the order has been confirmed.

Amounts due for payment by the buyer upon purchase are stated clearly and transparently on the order form regardless of whether such price amounts are different or the same.

The fee for debit and credit card chargebacks varies between 15€ to 50€. adstock provides a customer support for any questions related to chargebacks at support@adstock.io.

5. Payment terms

adstock offers buyers different payment methods. These are: PayPal, payment by MasterCard or Visa credit cards, electronic direct debit and instant bank transfer.

The service is not booked until the Influencer confirms the request within 12 hours. If the Influencer does not take any action the request get cancelled and the buyers account does not get charged.

If the buyer acquires service that includes partial payments, using the adstock order form, the transaction is deemed to include the grant of a direct debit mandate to us by the buyer. The amount of payments to be made is based on the product purchased. The prices and the agreed payment term are always stated clearly on our order form. In such cases, the direct debit mandate applies to the relevant payment method.

In the event of the revocation of a contract declaration by a consumer pursuant to section 6, or in the event of the rescission of the contract on other grounds, we will refund any portion of the purchase price already paid. We will refund such payments using the same payment method selected in connection with the original transaction. In the event of the grant of a SEPA direct debit mandate, the concurrent reversal of payment by the buyer is thus not necessary. We are entitled to demand disclosure of the account holder’s personal information from the institution maintaining the buyer’s account for purposes of enforcing our claims under civil law should the buyer, following the expiry of a reasonable period granted by us, not repay the amount wrongfully obtained following a reversal of payment and concurrent refund by us. Furthermore, we reserve the right to file a criminal complaint in such cases.

6. Consumers’ right of revocation

Notification regarding revocation for rendering services

Consumers are entitled to the following right of revocation when acting as buyer:

You have the right to cancel this contract within 14 days without stating any reasons. The period amounts to fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (myfolio UG (haftungsbeschränkt), Thüringerstr. 69, 30179 Hanover, Germany, Email: support@adstock.io) of your decision to revoke this contract by means of a clear declaration (e.g. in a letter sent by mail, fax or email). You may use the attached sample revocation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification about the exercise of the revocation right before expiry of the revocation period.

Consequences of cancellation

If you revoke this contract, we must return all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favorable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of revocation of this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.

If you have requested the services to start during the revocation period, you must pay us a reasonable amount corresponding to the portion of services already performed until the date on which you have notified us about the assertion of the right of revocation as compared to the full scope of services provided in the contract.

End of cancellation policy

Sample revocation form

(If you chose to revoke this contract, please complete and submit this form.)

To myfolio UG (haftungsbeschränkt) (myfolio UG (haftungsbeschränkt), Thüringerstr. 69, 30179 Hanover, Germany, Email: support@adstock.io)

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (+)/the rendering of the following services (*)

Ordered on (*)/Received on (*)

Name of the consumer:

Address of the consumer:

Signature of the consumer (only if notice of revocation on paper)

Date

(*) Delete as appropriate.

7. Refunds

If the Influencer executes the booked service completely correctly, the right to a refund expires.

If the booked service is not shared by the Influencer, the end customer is entitled to a full refund of the service not provided. If the Influencer shares the shoutout after more than 30 minutes of the upload time specified by the end customer may request a refund. Applies one of the preceding cases customers may request a refund that can be performed by our customer support team at support@adstock.io. adstock reserves the right to decide the amount of the refund in specific cases.

8. Retention of title

The goods remain the property of adstock until the purchase price has been paid in full.

Prior to the transfer of ownership, the following are prohibited without the consent of adstock: pledge, transfer of a security interest, processing or modification.

Provided the buyer is an entrepreneur, the buyer may resell goods that are subject to retention of title in the ordinary course of business. However, the buyer is only permitted to sell the goods to end consumers. The sale of the goods to resellers is expressly prohibited. The buyer hereby immediately assigns to us in full all claims related to goods that are subject to retention of title by virtue of sale or on other legal grounds (insurance, unlawful act), including all current account balance claims, for purposes of security. We grant the buyer the revocable right to collect in their own name the accounts receivable assigned to us. This authorization to collect may only be revoked if the buyer is in default of payment. In such cases, the buyer is obliged to inform us of the name, address and the amount of the receivable for all persons to whom the buyer has sold goods subject to retention of title. Pledges or transfer by way of security are prohibited.

We will not disclose the assignment provided the buyer is not in default of payment. In the event a third party asserts a claim against the goods subject to retention of title, in particular in the event of confiscation, the buyer shall provide notice of our ownership interest and notify us without delay so that we can assert our property rights. The buyer is liable in the event any such third party is not able to reimburse us for any judicial or extra-judicial costs incurred in this connection.

In the event the buyer acts in a manner that is contrary to the terms of the contract – including without limitation delay in payment, cessation of payment, application for insolvency, we are entitled to seize the goods subject to retention of title, or, if applicable, demand the assignment of the buyer’s claims for return of the goods from third parties. If the buyer is an entrepreneur, seizing or attaching the goods subject to retention of title does not represent a revocation of the contract on our part.

9. Limitation on liability

adstock constantly endeavors to ensure that the website is available without interruption and that data is transmitted free of errors. However, this cannot be guaranteed at all times. Furthermore, access to the Online Platform may be interrupted or limited on an occasional basis in order to perform repairs, maintenance or to install new equipment. adstock endeavors to limit the duration and frequency of such temporary interruptions.

adstock’s liability is unlimited in cases involving intent and gross negligence, as well as injury to life, limb or health.

adstock is only liable if a material contractual obligation is breached in cases concerning simple negligence. Material contractual obligations as referred to in this section comprise obligations the fulfillment of which is essential for the proper implementation of the contract and the performance of which may thus regularly be expected by the other contracting party.

The foregoing limitations on liability also apply in favor of adstock’s employees, representatives and agents.

10. Online dispute resolution

The European Commission has made an online dispute resolution available (“ODR”). The buyer may access the platform at http://ec.europa.eu/consumers/odr.

11. Place of Performance; Jurisdiction; Applicable Law

The place of performance for all claims arising under the contractual relationship is Hanover provided the buyer is an entrepreneur.

The exclusive place of jurisdiction for all disputes arising under, or in connection with, this contract is Hanover, provided that the buyer is a merchant or has no general place of jurisdiction in Germany or in any other member state of the European Union, has relocated his/her fixed residence to a foreign country after these terms of use became effective, or his/her residence or habitual place of abode is unknown at the time a complaint is lodged.

German law shall apply subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies in so far as the consumer is not deprived of the protection granted by the law of the country in which he/she is customarily domiciled.

The buyer may only assert a right of set-off or retention in relation to claims on the part of adstock if the consumer’s counterclaims are undisputed, there is a legally enforceable judgment, or the counterclaim bears a reciprocal relationship to the claim concerned.

The buyer is not entitled to assign rights under the contractual relationship to third parties absent our consent.

12. Support

adstock provides a support service for any cases such as refunds, chargeback, registration, complaints and general questions. To contact the adstock support team fill out the form at adstock.io/support or contact via email at support@adstock.io.

Terms of service for influencers

Preamble

myfolio UG (limited liability) (hereinafter referred to as "adstock") operates the sales platform adstock.io (hereinafter referred to as "sales platform"). The online ordering process available enables the end customer to purchase digital services (hereinafter referred to as "products") from adstock.

If an end customer decides to purchase a product, adstock purchases the product provided by the provider of a product (hereinafter referred to as "Influencer") from the Influencer in its own name and for its own account and resells it to the end customer in its own name for its own account. The contract for the purchase of the product is always concluded with the end customer and adstock on the one hand and adstock and the Influencer on the other.

The Influencer is not selling directly to the end customer.

1. Scope of Application

The following General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relationship between myfolio UG (limited liability), Thüringerstr. 69, 30179 Hanover, Germany and the Influencer of digital services, and the resale of these products to end customers. The agreement is aimed at private customers and businesses within the meaning of § 14 BGB (hereinafter referred to as "entrepreneurs"), whereby businesses are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity.

These GTC also apply to all future business relations, even if they are not expressly agreed again. Counter-confirmations of the contractual partner with reference to his own general terms and conditions are hereby expressly contradicted.

If the contractual partner confirms that he has read and agreed to the provisions of this agreement by activating checkbox during registration with adstock, the use of the adstock Services is subject to this agreement. In accordance with these conditions, adstock grants the contractual partner a non-exclusive, revocable and non-sublicensable license to use this distribution platform, including the website servers, computers, and networks available at adstock.io, which are used to make this website available for the purposes of this GTC:

2. Product sale

Offering products for sale via adstock is structured as follows:

The Influencer creates an account at adstock.io, adds his Instagram account(s) and customizes his offer for each Instagram account. After creating his adstock account, the Influencer receives a link from adstock (hereinafter referred to as the salespage link), which he can add to the description of his Instagram accounts. This link can also be sent directly to the end customers.

By clicking on this link, the end customer is directed to the page of adstock, my.adstock.io/*individual_link*. The end customer gets informed in the online ordering process offered that adstock is the seller of the product. In this order process, the end customer must provide information about himself, select the payment method, provide the necessary information and then initiate the payment process. adstock enables the end customer to make various payment methods. The payee and billing office is adstock.

As soon as the end customer has completed the order process, the Influencer receives a request for this order in the adstock backoffice (app.adstock.io) under the menu item "Requests". Now he has 12 hours time to accept or decline this request. If the Influencer does not process the request within the time available, the request will automatically be rejected by our system.

If the request to the Influencer is rejected by him or automatically by our system, the end customer will then be notified by us via e-mail (or via the adstock backoffice). Furthermore, in this case, the end customer's payment will be automatically cancelled. The customer don't get charged.

If the request gets accepted by the Influencer in the adstock backoffice (app.adstock.io), adstock buys the product provided by the Influencer in his own name and for his own account from the Influencer and resells it to the end customer in his own name and for his own account. As soon as the end customer has purchased the product from adstock and the Influencer has agreed to the request, adstock triggers a corresponding order from the Influencer by e-mail (or via the adstock backoffice). adstock pays the Influencer the purchase price agreed between adstock and the Influencer when the product is discontinued by the Influencer in accordance with the provisions of these GTC. The Influencer is obliged to deliver (process) the product (digital service) purchased by the Customer without delay in accordance with the information provided by the Customer. In this case, the Influencer acts as adstock`s vicarious agent towards the customer.

Products offered for sale via adstock are subject to the following conditions:

Only shoutouts may be sold through adstock. A shoutout is a digital service. A shoutout is the sharing or mentioning of certain information (advertising) on a social media account.

All products available for sale via adstock, the offer and sale of these products via adstock are in compliance with the laws.

adstock is authorized by the Influencer without further conditions and restrictions to list all products for sale by the Influencer via adstock via the individual link of the Influencer and to offer them to buyers for purchase.

adstock can delete and remove products at any time and at its own discretion and without giving reasons and without an obligation to notify the Influencer and without the guarantee of contractual penalties or liability claims.

The Influencer provides a valid e-mail address when registering with adstock. adstock can send requests that must be answered by the end of the next business day to the valid e-mail address. It must be ensured that adstock receives a non-automated response within one working day. The Influencer shall report within two business days any complaints of violation of regulations or legal violations that become known in connection with this product. This reporting obligation also applies to the threat of complaints.

The Influencer shall support adstock at its own expense by taking the necessary and appropriate steps and measures to respond to any complaints.

When a product (digital service) is sold, adstock deducts any taxes due (e.g. turnover and use taxes) in accordance with the applicable legal provisions and transfers these to the responsible authorities. However, if the taxes due on a purchase or sale are not withheld or paid by adstock, this shall be the responsibility of the Influencer in accordance with the applicable legal provisions, which may vary according to national law. If necessary, a tax consultant can determine whether a corresponding obligation exists. The Influencer declares that he is solely responsible for the timely payment of any taxes due in the event that an obligation arises.

The Influencer shall omit any explicit or implied indication that the product is recommended, endorsed or financially supported by adstock.

3. Send salespage link

The following actions are not permitted:

It is not allowed to share the salespage link on blogs, forums or groups as long as you are not their owner or administrator. Furthermore, we prohibit the resending of the salespage link to persons or companies who have explicitly objected to this.

4. Termination / Blocking

adstock is entitled to temporarily block the Influencers customer account at its own discretion if there is reason to believe Influencers participation in one or more of the following actions:

Fraud of consumers, bank fraud, credit card fraud, sending unsolicited advertising (spam) or other illegal sales activities that violate legal regulations, etc;

Infringement of third party property rights;

false or misleading statements that violate consumer protection and competition laws.

In the event of a breach of contract, adstock is entitled to terminate the contractual relationship with the Influencer immediately and without notice. adstock has also the right to withdraw the access to the adstock Services and to any other form of participation in these services. In the event of such a termination, the Influencer shall immediately stop using all adstock services.

5. Conclusion of contract Sales/Invoicing/Payment rules

When the purchase contract between adstock and the end customer is concluded and the Influencer has confirmed the enquiry for this product from us, adstock purchases the product posted by the Influencer on adstock from the Influencer as described in Section 2.

adstock pays the Influencer a purchase price for the products sold to the end customers, which is calculated as follows: the Influencer sets a recommended retail price for the gross sales price in his account. The purchase price adstock pays to the Influencer is calculated from the net sales price less a payment method fee and the adstock margin in accordance with the current price list of adstock or individual agreement with the Influencer in relation to the specific product. Influencers from Germany that are liable to sales tax, receive the purchase price plus the specific VAT.

adstock only shows the currently valid value added tax on invoices if the contractual partner has provided adstock with the valid value added tax ID in good time before invoicing. There is no subsequent claim to correction of the invoice.

adstock reserves the right to make withdrawals only to contractual partners who provide accurate and complete information including full name, address and valid bank account details. We also require a verified e-mail address.

The contractual partner is obliged to inform adstock immediately of any changes of address, company name or other comparable changes to the information required from the contractual partner in connection with the execution of the contract.

adstock reserves the right to withhold payments of the purchase price to the Influencer in whole or in part in the event of suspicion of any actions listed under 4. Termination / Blockage and in the event of the sale of products with insufficient support. The Influencer shall be informed by adstock without delay of the circumstances leading to a retention.

Purchase price payments by adstock to the Influencer are made from a minimum amount of $50. If this minimum amount is not reached, the purchase price will be withheld until the minimum amount is reached. If the contractual relationship between adstock and the contractual partner is terminated before the minimum amount is reached, payment shall also be made for less than $50.

adstock does only offer payouts to countries within SEPA region or to the United States of America at the moment. Further countries will be added. Contact the adstock support to request a payout from a specific country. Due to technical restrictions we can’t guarantee a payout to every country.

If you want to proceed more payouts than included for free in your subscription plan, adstock charges a fee of $1.49 for every payout.

6. Subscriptions

Adstock offers three different subscription plans. Each plan differs in repetitive monthly fixed costs, transaction fees, features and the amount of free payouts.

- FREE Plan: $0 per month fixed. A fee of 10% will be charged on each sale and one free payout is included.

- PLUS Plan: $7 per month fixed. A fee of 3.9% will be charged on each sale and two free payouts are included.

- PREMIUM Plan: $99 per month fixed. A fee of 1.9% will be charged on each sale and three free payouts are included.

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. A billing cycle starts exactly at the time when you upgrade to a PLUS or PREMIUM Plan. If you upgrade your plan within a billing cycle, the value from the remaining time of your current subscription will be discounted of the new subscription price.

At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or adstock cancels it. You may cancel your subscription renewal either through your adstock backoffice or by contacting adstock customer support team.

A valid payment method is required to process the payment for your subscription. Adstock uses information of your adstock profile for billing purposes. You shall provide adstock with accurate and complete information including full name, address and a valid payment method information. By submitting such payment information, you automatically authorize adstock to charge all subscription fees incurred through your account to any such payment instruments. You can see all subscription invoices in your backoffice.

If you proceed a downgrading of your account, the current plan subscription will end to the next billing cycle.

Should automatic billing fail to occur for any reason, adstock will contact you and you shall update your billing information. There will be a second try 48 hours after the first one failed. If the second billing fail to proceed as well, adstock will downgrade your account to the FREE Plan subscription.

7. Free Trial

adstock may, at its sole discretion, offer a subscription with a free trial for a limited period of time ("Free Trial").

If you don’t upgrade your subscription plan manually in that period, adstock downgrades your account to the FREE Plan subscription automatically when the free trial ends. You can prevent your account from being downgraded in the backoffice settings. This action can be performed at any time. At any time and without notice, adstock reserves the right to modify the terms and conditions of the Free Trial offer, or cancel such Free Trial offer.

8. 10 USD Bonus (First Dollar Gift)

By registering and successfully setting up the account, each influencer receives a 10 USD bonus. However, the influencer is only entitled to pay out this 10 USD if he has processed the first order via adstock, which has the status "authorized".

If the influencer does not process an order in the first six months, adstock reserves the right to remove the bonus from this account.

If adstock suspects that influencers are deliberately creating multiple accounts to receive the bonus, adstock may revoke the bonus at any time.

9. Property rights

The contractual partner is not permitted to use adstock's names, trademarks, service marks or other intellectual property rights in any form that implies association with or approval by adstock without adstock's express prior written consent.

An approval granted by adstock can be withdrawn at any time.

adstock grants the contractual partner a limited revocable permission to use the names adstock and adstock.io exclusively in the following manner:

- as watermark

- in a description text of an Internet page as a keyword

- as search term

- Seeding element in an Internet search engine

- in metatext or hidden text

- as a second or third level subdomain or domain name

- to identify products or in connection with advertising

The Influencer guarantees adstock to be the owner of all rights to the Product and the owner of all rights to the marketing materials supplementary to this Product, such as product descriptions, product information, customer ratings, illustrations and other materials of the Influencer (hereinafter the Work), as well as the owner or administrator of the Instagram accounts associated with a Product.

The Influencer grants adstock a free, non-exclusive, irrevocable, worldwide right for the period of cooperation to use and exploit the work comprehensively, in particular with the aim of commercial marketing. This granting of rights expressly includes all forms of offering and advertising the products on the Internet, in particular the integration within chargeable/free online services, price search engines, blogs and websites.

The Influencer grants adstock the right, with regard to the execution of this contract, to use the respective title of the works as well as names, logos, illustrations, trademarks and company symbols of both the Influencers and the author of the work, expressly also for advertising purposes.

The Influencer also grants adstock the right to grant sublicenses with regard to the rights of use granted above.

10. Data protection and confidentiality obligation

As part of the cooperation, the Influencer may have access to confidential information. Confidential information in this context includes the identity of other Influencers, information from buyers, information on physical security and data security, technical data, know-how, information on business processes, methods and marketing strategies. The contractual partner may not disclose this confidential information to other persons, with the exception of the fulfilment of his obligations within the framework of the cooperation, or use it for his own benefit or that of another person without the express and prior written consent of adstock.

The confidential information may not be used to request or have adstock customers use other services or to advertise the sale of products that directly or indirectly compete with adstock or the adstock services.

All proposals, submissions, comments, ideas, concepts, information material and feedback submitted to adstock by the Influencer shall be deemed non-confidential. The Influencer grants adstock and the licensees a worldwide, permanent, non-exclusive, royalty-free and transferable license with the right to sublicense, reproduce, publicly display, distribute, perform, transmit, revise, modify, modify, modify, publish, sell, commercially exploit, use or disclose this non-confidential information for any purpose and in all forms and currently known media.

11. Exemption and indemnification

The Influencer indemnifies adstock against all claims for damages and liability claims, claims and costs (including the costs of legal clarification and defence as well as reasonable attorneys' fees and legal costs) in the event that claims are asserted against adstock in connection with the use of the adstock Services by the Influencer and/or the products or promotions.

The contractual partner indemnifies adstock against all claims for damages and liability claims, claims and costs (including the costs of legal clarification and defence as well as reasonable attorneys' fees and legal costs) asserted by a third party against adstock due to a defect in the product, irrespective of whether the compensation is for direct, incidental or indirect damages, penalties, legally stipulated damages or similar.

In the event that the aforementioned claims are based on the Influencer performing or participating in the following actions, adstock is entitled to offset any payment claims in favour of the contractual partner against the aforementioned indemnification claims and to withhold the corresponding payments:

Fraud of consumers, bank fraud, credit card fraud, sending unsolicited advertising (spam) or other illegal sales activities that violate legal regulations, etc;

Infringement of third party property rights;

false or misleading statements that violate consumer protection and competition laws.

12. Availability and limitation of liability

adstock provides the Influencer with various information and other services for temporary use. The content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the portal.

The services available may also include third-party services to which adstock merely provides access. The use of such services may be subject to different or additional provisions from these Terms and Conditions of Participation and Use. Furthermore, there is a right to use the available services only within the scope of the technical and operational possibilities at adstock. adstock endeavours to ensure that these services can be used as uninterruptedly as possible. However, technical malfunctions (such as power supply interruptions, hardware and software errors, technical problems in the data lines) can result in temporary restrictions or interruptions.

Liability of adstock for whatever legal reason is excluded, unless it is a violation of an obligation whose fulfilment makes the execution of the contract possible and on whose fulfilment the Influencer may therefore regularly rely ("essential contractual obligation"), as well as for damages resulting from injury to life, body or health. In these cases adstock has unlimited liability.

The limitations of liability from clause 9. Availability and limitation of liability of these GTC apply accordingly in favour of adstock's employees, agents and vicarious agents.

In all other respects, the occurrence obligation is limited to the foreseeable damage. The exclusion of liability for adstock, if legally permissible, refers in particular to a system failure and the associated loss of income or commission. In the event of liability due to a system failure, liability is limited to the recovery costs that would be incurred if the Influencer had properly backed up its data.

Nor shall adstock be liable, insofar as legally permissible, if a tracking error results in income or loss of commission.

13. Fees

The default adstock margin on a sale is 10% of the gross sales price. The payment method fee depends on the used payment method. The fees of the individual payment methods can be viewed in the adstock backoffice under the menu item "Settings". If a fee includes a percentage, it will always be calculated based on the gross sales price. The fee for debit and credit card chargebacks varies between $15 to $50. adstock provides a customer support for any questions related to chargebacks at support@adstock.io.

14. Refunds

If the Influencer executes the service completely correctly, the right to a refund expires.

If the booked service is not shared by the Influencer, the end customer is entitled to a full refund of the service not provided. If the Influencer shares the shoutout after more than 30 minutes of the upload time specified by the end customer may request a refund. Applies one of the preceding cases customers may request a refund that can be performed by our customer support team at support@adstock.io. adstock reserves the right to decide the amount of the refund in specific cases.

15. Final clause

The place of performance for all claims arising from the contractual relationship is Hanover.

If the contractual partner is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Hanover shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The contract language is English.

Amendments to the agreement must be made in writing. The requirement of the written form must also be waived in writing.

16. Support

adstock provides a support service for any cases such as refunds, chargeback, payouts, registration, complaints and general questions. To contact the adstock support team fill out the form at adstock.io/support or contact via email at support@adstock.io.

Terms of service for affiliates (Invite Friends)

1. General

These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by myfolio UG (haftungsbeschränkt), Thüringerstr. 69, 30179 Hanover, Germany (hereinafter referred to as "adstock.io", "adstock", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between adstock and the individual or entity who participates in the Affiliate Program (hereinafter referred to as "Affiliate", or "you"). Every user registered as an influencer automatically receives a referral link and can participate in the Affiliate system. adstock may terminate your Affiliate account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that adstock believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

2. Referral Tracking

adstock will provide the Affiliate with specific referral links to link advertisements and other marketing content to adstock.io. We will track users who have visited these referral links using cookies which expire after 24 hours. Only referred users who register as influencer while the cookie is active will be considered referrals of the Affiliate. The Affiliate is not authorized to modify or alter the referral links or the cookies in any way. adstock is not responsible for any tracking or reporting errors that may result from any modifications to the referral link or the cookies.

3. Commission and Payouts

The Affiliate receives 20 USD for each adstock user referred who has made a “qualified sale” through adstock.io. Once the referral accepts the first request, 20 USD will be shown in the adstock wallet of the Affiliate as “pending”. A sale is referred to as a “qualified sale” as soon as the sales amount is available for a payout to the referral, i.e. it reaches the status "authorised" in the adstock wallet of the referral. For more information see the terms of service for influencers.

As soon as a referral has made a qualified sale, 20 USD will be credited to the Affiliate in the adstock wallet.

By registering with an Affiliate link, the referral receives a free 30-day access to the adstock PLUS package. No credit card details are required and the free trial period ends automatically after 30 days.

4. Advertisements

adstock hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the adstock logos and media, i.e of adstocks social media presence, for the sole purpose of promoting our service within the context of the Affiliate Program.

The Affiliate may only display advertisements that contain adstock's logos or service marks in good taste. The Affiliate may not use adstock's logos or service marks in a manner that, in adstock's sole discretion, portrays adstock in negative light.

The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

adstock may, without prior notice, require the Affiliate to remove or modify any advertisements in adstock's sole discretion.

5. Limitation of Liability

The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. adstock makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.

adstock is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.

The Affiliate will indemnify and hold harmless adstock, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.

6. Modification

adstock may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://www.adstock.io/terms.The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.

If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement.

7. Miscellaneous

The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. adstock reserves the right to terminate the Affiliate's participation in the Affiliate Program if adstock determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.

This Affiliate Agreement constitutes the entire understanding between adstock and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of the Province of Hanover, Germany.

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