Last updated: 25th February 2019
Please read the following Terms of Service (“Terms”, “Terms of Service”) carefully before using The CampaignHero app (the “Service”) operated by Broadplace Advertising trading as CampaignHero (“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 any person or persons 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.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or CampaignHero cancels it. You may cancel your Subscription renewal at anytime by contacting CampaignHero.
A valid payment method, including credit card, is required to process the payment for your Subscription. By submitting such payment information, you automatically authorize CampaignHero to charge all Subscription fees incurred through your account to any such payment instruments.
CampaignHero may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by CampaignHero Ltd until the Free Trial has expired.
At any time and without notice, CampaignHero Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
CampaignHero Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
CampaignHero Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by CampaignHero on a case-by-case basis and granted in sole discretion of CampaignHero.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
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.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CampaignHero Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CampaignHero Ltd.
When you upload content, you give to CampaignHero Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and CampaignHero Ltd business.
Our Service’s main way to connect to your AdWords account is via the AdWords API. You may revoke our API access to your accounts by visiting https://security.google.com/settings/security/permissions with the Google account you connected to CampaignHero.
Our Service may make changes to the way it connects to your AdWords accounts, including adding “CampaignHero” as a “Client Manager” to your AdWords accounts. You may opt-out of this change at any time by contacting us via email using email@example.com or by chatting to us in the app.
Our Service may contain links to third-party web sites or services that are not owned or controlled by CampaignHero.
CampaignHero Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CampaignHero Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless CampaignHero Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall CampaignHero, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CampaignHero Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will CampaignHero ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CampaignHero Ltd or any person for whom CampaignHero Ltd is responsible, and even if CampaignHero Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, 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.
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, you must stop using the service.
If you have any questions about these Terms, please contact us.
The terms and conditions contained in this document are legally binding and the terms upon which all services and materials shall be provided by the Supplier, Broadplace Advertising Limited (“Broadplace”) tranding as "CampaignHero" to the customer (“the Customer”) or, at the Customer’s direction, to third parties. The terms and conditions must be read in full.
This Agreement may only be supplemented, modified or varied in any way at any time with Broadplace express written agreement obtained from a director of Broadplace.
No estimate, quotation or proposal given by Broadplace or by any of Broadplace’s agents or employees to the Customer in whatever circumstances will constitute an offer to the Customer, only an invitation to treat, and as such shall not bind Broadplace. All such estimates, quotations or proposals shall lapse automatically within 28 days of their date of issue.
All notice or cancellation requests shall be made in writing and will be deemed validly served if addressed and transmitted to the last known operating address of the recipient. All cancellations must also be submitted and confirmed by email to the allocated account manager. The date of the cancellation request, if applicable and accepted, will be deemed as by the date written email confirmation is received by the account manager.
Broadplace will maintain regular contact with the customer through an appointed account manager to ensure both parties are kept informed of all relevant information necessary to enable Broadplace to provide the services. Regular progress reports will be supplied to the customer to illustrate progress against the services provided.
In accepting these Terms and Conditions, the Customer agrees to pay Broadplace as defined for each of the services provided below. Failure to make payment within the agreed timeframe may lead to work being paused and/or work being reverted and removed. Should the customer default on payment the customer will still incur and accrue charges for the agreed timeframe of the project as agreed in the order. Broadplace Advertising Limited reserves the right to suspend a campaign following non receipt of ongoing fees.
Payment from the Customer to Broadplace will be made in advance by credit or debit card or such other method as agreed by both parties. The customer will provide Broadplace with all payment details necessary to enable payments to be taken on time. New customers agree to Broadplace conducting relevant credit history checks if the customer has not built a previous credit history with Broadplace.
Subject to the written agreement of one Broadplace’s directors to the contrary, both during the term of this Agreement and thereafter Broadplace shall be and remain the owner of all copyright and other intellectual property rights in any material, process or other work which has been created by Broadplace, its employees or sub-contractors pursuant to this Agreement.
Due to the nature of the services provided Broadplace cannot be held responsible for any fluctuations, perceived non delivery or damage that may have been caused by third party actions or changes. In such circumstances the agreed fee would still be payable. Some of these defined events are listed below but not restricted to these alone:
Broadplace’s liability is limited to the obligation on the part of Broadplace under this agreement in all circumstances. Broadplace will not be liable for any other liabilities direct or indirect except where caused by the sole negligence of Broadplace. In any event Broadplace’s liability will not exceed the value of 1 month’s fees incurred to the customer. Broadplace Advertising limited cannot be held responsible for any loss of earnings as a result of your advert not showing on the search engines or for any other related reason.
Broadplace may assign or transfer this agreement or all or any of its rights and/or obligations under this Agreement to any holding company (as defined in section 736 of the Companies Act 1985 (as amended by the Companies Act 1989) or Subsidiary of it. This Agreement may not be assigned or sub-licensed by the Customer without the prior written consent of Broadplace.
The failure of either party to enforce (or delay in enforcing) at any time for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of such terms or conditions or of the right of such party at any time subsequently to enforce all terms and conditions of this Agreement.