ADSPOLAR Platform User Service Agreement
Welcome to the AdsPolar Platform!
In order to use the services provided by the AdsPolar Platform ("Service"), you should carefully read and comply with the " AdsPolar Platform User Service Agreement" ("Agreement").
This Agreement is between you and AdsPolar Platform, and is legally binding on both parties. Please fully understand and accept this Agreement before registering to use AdsPolar Platform. This Agreement specifies your rights and obligations regarding registration, login, use of AdsPolar Platform and all other related behaviors. By checking buttons such as ‘Accept’ or ‘Next’ (as displayed when the Service is activated) and completing the registration process, or using the Service in any way, you fully understand, agree, and accept the Agreement, and are willing to abide by the Agreement and all rules and regulations published on the AdsPolar Platform. If you do not agree with any part of this Agreement or its provisions, you shall immediately stop registering, logging in or using the AdsPolar Platform.
Your registration, login, or use of the AdsPolar Platform must be conducted by a natural person, legal entity, or organization with the appropriate legal and behavioral capacity to bind itself to these Terms. You confirm and warrant that (i) you are 18 years of age or older, and (ii) if you represent a company or other entity that agrees to these Terms, you must have full authorization to bind such company or entity to these Terms. By completing the registration process or any other mutually agreed method with the AdsPolar Platform, your use of the Platform/Service confirms your legal capacity and ability to assume legal responsibilities independently. You and your legal guardian shall be responsible for all consequences arising from any lack of your legal capacity.
Adspolar Platform Contracting Entity:
i) if you are a citizen of the mainland area of the People's Republic of China (hereinafter referred to as "Mainland China") or an entity duly incorporated under the laws of Mainland China, this Agreement is signed between you and Mobvista International Technology Limited;
ii) if you are a citizen of Hong Kong S.A.R. or an entity duly incorporated under the laws of Hong Kong S.A.R., this Agreement is signed between you and Mobvista International Technology Limited;
iii) if you are a citizen of the Russian Federation or an entity duly incorporated under the laws of Russian Federation, this Agreement is signed between you and Mobvista International Technology Limited;
iv) if you are is not a citizen of or not an entity duly incorporated under the laws of the state or area specified in i), ii), and iii), this Agreement is signed between you and Adlogic Technology Pte. Ltd.
Except as otherwise provided, Mobvista International Technology Limited and Adlogic Technology Pte. Ltd shall be collectively referred to as " Adspolar Platform " in this Agreement. In this Agreement, you may be referred to as “Party A” and the AdsPolar Platform may be referred to as “Party B”.
Party B reserves the right, at its sole discretion, to change, modify, add or remove any part of the Agreement, at any time. Such modifications will be effective upon posting by AdsPolar on the AdsPolar website (https://www.adspolar.com) and/or specific service pages. It is Party A’s responsibility to check the Agreement periodically for changes. PARTY A’S CONTINUED USE OF THE SERVICES AFTER SUCH MODIFICATIONS WERE POSTED ON THE ADSPOLAR WEBSITE MEANS THAT PARTY A HAS READ, UNDERSTOOD, ACCEPTED AND AGREED TO ALL OF THE MODIFICATIONS; IF PARTY A DO NOT AGREE TO ALL OF THE MODIFICATIONS, PARTY A SHALL STOP USING THE SERVICES IMMEDIATELY.
This Agreement shall become effective from the date on which Party A accepts the terms and conditions of this Agreement upon registration at https://www.adspolar.com with Party B and shall remain in full force and effect unless and until terminated by either Party in accordance with this Agreement.
1. Definitions.
Unless otherwise specified, capitalized terms used in this Agreement have the meanings given to such terms in this Section.
1.1“AdsPolar Platform/ AdsPolar”: AdsPolar is a platform which integrates global advertising channels, MMPs and monetization platforms. Provide users with efficient, intelligent, safe and one-stop cross-channel advertising delivery and effect evaluation services.
1.2“User”: means Internet users who access, register, log in, and use the AdsPolar Platform.
1.3“AdsPolar Account”: means the exclusive ID generated by the user's registration through the AdsPolar Platform for online browsing, use viewing purchase records and other activities.
1.4“Affiliate”: means a company which, directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with a party. For this purpose control means the direct or indirect ownership of in aggregate fifty percent or more of voting capital.
1.5“Agreement”: means this Agreement or any future related agreements, rules, additional terms, product requirements, etc., regarding this service that are published from time to time. Once formally published, the above content becomes an integral part of this Agreement.
1.6“Confidential Information”: means any confidential or proprietary information and data of the Disclosing Party or its Affiliates, disclosed to the Recipient or its Representatives in connection with this Agreement, whether disclosed before or after the Effective Date and whether disclosed electronically, orally or in writing or through other methods made available to the Recipient or its Representatives. Notwithstanding the foregoing and other than where such Confidential Information includes personal data, for purposes of this Agreement, Confidential Information shall not include any information which the Recipient demonstrates by clear and convincing evidence is (i) at the time of disclosure in the public domain or thereafter enters the public domain without any breach of this Agreement by the Recipient or any of its Representatives, (ii) known by the Recipient before the time of disclosure, other than as a result of a prior disclosure by the Disclosing Party or its Affiliates or the Disclosing Party’s Representatives, (iii) obtained from a third party who is in lawful possession of same and does not thereby breach an obligation of confidence to the Disclosing Party regarding such information, or (iv) developed by or for the Recipient or its Representatives through their independent efforts without use of Confidential Information; provided that, in each of the foregoing clauses (i) through (iv), no combination of features shall be deemed to be within the foregoing exceptions merely because individual features are publicly known or in the Receiving Party’s possession, unless the particular combination itself and its principle of operations are in the public domain or in the Receiving Party’s possession without the use of or access to Confidential Information. Except as otherwise specified in this Agreement, the material terms of this Agreement are deemed to be Confidential Information of each Party.
1.7“Disclosing Party”: means the Party disclosing or providing Confidential Information (either directly or through such Party’s Representatives) to the Recipient or the Recipient’s Representatives.
1.8“Recipient”: means the Party receiving the Confidential Information (either directly or indirectly through such Party’s Representatives) from the Disclosing Party or the Disclosing Party’s Representatives.
1.9“Representative”: means, with respect to a particular Party, such Party’s (i) Affiliates, (ii) officers, directors and employees, (iii) attorneys, accountants and financial advisors, and (iv) officers, directors and employees of such Party’s Affiliates, who shall each be legally obligated to observe and perform the obligations of such Party and to keep and treat the Disclosing Party’s Confidential Information received hereunder in a manner consistent with the terms hereof.
1.10“Event of Force Majeure”: means an earthquake, typhoon, floods or other acts of God, fire, explosion, action of governmental or military authority, upheaval, riot, war or any other major emergency that is unforeseeable and unavoidable.
2. Service Rules
2.1 Party A agrees to purchase the Service and pay the corresponding fees , and Party B provides the Service to Party A according to the service module selected by Party A.
2.2 The description of Party B's services is subject to the functional description, rules of use and other public announcements published in real time on Party B's website and specific service pages.
2.3 The ownership of the AdsPolar account belongs to Party B. Party A only has the right to use the AdsPolar account. Party B grants Party A a non-exclusive, revocable, non-transferable, and non-sublicensable right to use the AdsPolar account during the term of the Service, and Party B provides Party A with services relating to the use of the AdsPolar Platform .The AdsPolar Account registered by Party A is only for Party A's use, that is, Party A shall be legally responsible for all its own behavior in the process of using the Service, and Party A is obliged to keep its service account and password properly and comply with Party B's rules, otherwise Party A shall undertake the risk of not being able to use the AdsPolar account (including but not limited to the account being frozen, canceled, etc.) and/ or shall be responsible for the consequences and losses incurred during usage .The payment received will not be refunded.
2.4 AdsPolar account registration information includes, but is not limited to Party A’s company name, email address, cell phone number, cell phone verification code, login password, name, company industry, job type, registration source, or all information entered when updating the AdsPolar account. Party A understands and agrees that the registered account shall not contain illegal and undesirable information, shall not impersonate others, shall not be registered without the permission of others, shall not register the account or set up the account information in a way that may lead to misidentifications of others, and shall not be used in a way that may infringe on the rights and interests of others, or else Party B has the right to not register or stop the Service and take back the account, and the damages incurred as a result shall be borne by Party itself.
2.5 Party A can only access or use the AdsPolar platform for the purpose of the Service.
2.6 If the user obtains AdsPolar platform or software program or web page with the same name as this platform from a third party without Party B's authorization, Party B does not guarantee that the software can be used normally, and will not be responsible for the losses caused to Party A.
2.7 All other rights of Party A related to AdsPolar platform and the Service not explicitly authorized by this Agreement shall still be owned and reserved by Party B. Party A shall obtain the written permission of Party B when exercising the relevant rights. Party B's failure to exercise the relevant rights does not constitute a waiver of such rights.
2.8 If Party A ceases to use the AdsPolar platform and Service, or the platform and Service are terminated or cancelled, Party B can permanently delete Party A's data from the server. After the suspension, termination or cancellation of the AdsPolar platform and Service, Party B shall not be obliged to return any data to Party A.
3. Term of Service
3.1 The term of Service starts from the date of Party A's successful registration of AdsPolar Account, and the specific Service term is subject to the period that Party A chooses by itself and successfully pays the corresponding Service Fee, which Party A can check through the "Member Information" page. The term will not be extended due to Party A's non-use or other behavior. If Party A does not renew the Service when it expires, Party B will stop the corresponding service. If Party A chooses the e-commerce version of the Service, when Party A's consumption in a particular month exceeds the selected package, Party B will stop the corresponding service in that month and resume it in the following month.
3.2 Party A acknowledges that during the service period, due to the special nature of the Internet services, there may be circumstances that may affect Party A's normal use of the Service that are not caused by Party B's intentional behavior (including but not limited to, Party B’s troubleshoooting, server maintenance, adjustments, upgrading, and handling third-party infringements, etc.). Party B will try to minimize the effects of such situations on Party A. Party A understands and agreess that Party B shall not be liable for any adverse consequences of the above circumstances, and shall not be obliged to pay any additional compensation.
3.3 If Party A needs to upgrade its service functions, Party A shall independently select the intended upgraded service functionalities, pay the corresponding fees, and the service term will remain unchanged after upgrading. If Party A needs to upgrade its service functions and extend the service term, Party A shall independently select the intended upgraded service functionalities and enter the renewal length, pay the corresponding fees, and the renewal length must exceed the remaining service term, and the service term after upgrading shall be the renewal length entered by Party A.
4. Fee, Payment, Taxes and Costs
4.1 The Parties agree to cooperate on a prepaid model:
4.1.1 Party A shall purchase the corresponding service module by prepayment, and Party B shall activate the corresponding function for Party A after receiving all the prepayment from Party A, so that Party A can use the Service. Once payment has been made, except for statutory circumstance, no transfer or refund is allowed. Party A agrees that Mobvista International Technology Limited will receive the payment if Party A choose a third-party platform for online payment.
4.1.2 The Service is priced and invoiced in USD. Party A hereby agrees that all transaction fees arising from online payments processed through third-party platforms shall be borne by Party A. Any taxes incurred shall be the responsibility of Party A. To be specify, unless otherwise required by law, the pricing under the Service excludes any and all applicable government taxes and fees (including but not limited to GST charged by the Singapore authorities, and withholding tax (departure tax)), and any such taxes arising from the Service shall be borne by Party A.
4.1.3 If Party A is directed to a third-party payment platform, Party A may be required to comply with the terms and conditions of use of that third-party service and the privacy policy of that third-party. Party A should review the terms and conditions and privacy policies of such third parties before using such services.
4.1.4 If Party A needs to upgrade its service functions (including but not limited to additional adding, upgrading packages, extending service term, etc.) , it can only upgrade from a lower level to a higher level. The corresponding fee standard for upgrading services is as follows: if Party A needs to upgrade its service functions within the original service term, the upgrade fee = the difference between the daily average of "higher level function - lower level function" * remaining number of days in the service period; if the service period is extended while upgrading the functions, the upgrade fee= the difference between the daily average of "higher level function - lower level function" * remaining number of days in the service period + the daily average of the higher level function * (renewal period - remaining number of days in the service period). The specific final fee is subject to Party B's system calculation, and Party A will be able to check after selecting the corresponding upgrade function.
4.1.5 Party B will give Party A different purchase and renewal discounts according to the actual situation of the number of selected service modules and the length of time, please read the information published by Party B on the relevant Service pages for specific policies.
4.1.6 Party B reserves the right to adjust service module charges, payment methods, etc. according the overall service planning and other factors(the adjustments includes changing, canceling, reducing, and improving the corresponding contents), and will notify Party A in advance in a reasonable manner on the relevant service pages. If the price of the relevant service is adjusted when Party A purchases and renews the Service, the currently valid price announced by Party B shall prevail.
4.2 Invoice
4.2.1 Party B shall, upon receipt of Party A's payment, issue an invoice based on Party A's application; the balance amount shown on the invoice shall including the GST charged by the Singapore authorities, withholding tax or departure tax payable by Party A under the Service.
4.2.2 Party A assures that the invoicing information filled in when registering for an account on the AdsPolar platform is accurate, legal, and true, and that losses and liabilities caused by untrue, inaccurate, incomplete or unlawful invoicing information provided by Party A shall be borne by Party A.
4.2.3 Party B shall issue invoices solely to Party A and not to any other third party.
5. Rights and Obligations
5.1 Rights and Obligations of Party A:
5.1.1 In connection with these Terms and the use of AdsPolar, Party A represent and warrant that no third party, whether by Party A or authorized/represented by Party A, shall do any of the following: (i) frame, mirror, republish, download, display, transmit, distribute, modify, alter, create derivative works from, reverse engineer, decompile or disassemble, nor attempt in any other way to obtain source code for or otherwise reduce any part of the Services to a human-perceivable form. (ii) remove any proprietary notices, labels or marks on or from any part of the Services, including, without limitation, any trademark or copyright notices; (iii) disclose to any third party the results of testing or benchmarking of the Services or access or use of the Services or any part thereof to establish or support and/or assist third parties in establishing or supporting products or services that compete with AdsPolar and/or its affiliates. If Party A violate this Agreement, AdsPolar will summarily and at its sole discretion suspend account, and the fees paid will not be refunded, and reserve all rights to pursue legal liability.
5.1.2 If Party A authorizes an advertising account not owned or authorized by Party A to the AdsPolar platform, it shall ensure that it has obtained the authorization or consent of the advertiser who owns the ownership of the advertising account. Party A shall be fully responsible for repayment of unnecessary indemnities, penalties or other losses caused by unauthorized or unauthorized use of the AdsPolar platform due to such unauthorized or unauthorized use of the platform, which has nothing to do with Party B.
5.1.3 Neither applicable media platform nor Party B shall be liable for any dispute between Party A and its customer arising out of the advertising activities in connection with the services provided through AdsPolar Platform.
5.1.4 In case that Party A violates policies of applicable media platform, applicable media platform, at its sole discretion, has the right to impose a fine on Party A's account, which shall be borne by Party A. Such violation and punishment shall be solely determined by applicable media platform, which is final and binding on Party A.
5.1.5 Party A guarantees that it is not allowed to use this platform to engage in any illegal and criminal acts and damage the public order and good customs, including but not limited to:
（1） Jeopardizing national security, divulging state secrets, subverting state power, damaging national unity, and damaging national honor and interests;
（2） Instigating national enmity or discrimination or undermining national unity;
（3） Sabotage of the state's religious policies and promotion of heresy and superstition;
（4） Spreading rumors, disrupting social order and destroying social stability;
（5） Disseminating obscenity, pornography, gambling, violence, killing, terrorism or instigating crimes;
（6） Insulting or defaming others and infringing upon the legitimate rights and interests of others;
（7） Web pages containing viruses or other malicious code.
5.1.6 Party A shall be solely responsible for the basic network environment and equipment required for the use of AdsPolar platform. Otherwise, Party A shall be solely liable for any disputes or penalties arising therefrom.
5.1.7 Based on the principle of win-win cooperation and mutual benefit, Party A ensures that it has the right and agrees to authorize Party B to display, introduce and evaluate the cooperation relationship between the two parties, Party A's usage plan and commercial cooperation cases with Party B (if any) to others through various forms such as public number publication, website posting, on-site introduction, product features, etc. (including but not limited to using advertisements or cooperation cases as examples to introduce their merits and demerits to others, etc.) or for others' reference, study, selection, etc., and use Party A's name and commercial logo in the above activities. However ,any such use by Party B shall be subject to prior written notice to Party A and Party A's approval and confirmation.
5.2 Rights and Obligations of Party B:
5.2.1 Party B guarantees the legality of the AdsPolar platform provided and there is no violation of third-party intellectual property rights. Party B receives the feedback from Party A on the technical issues related to the AdsPolar platform, and needs to confirm with Party A via email /IM/ phone within 24 hours after receiving the demand on a working day to provide technical assurance and support to Party A.
5.2.2 Party B upgrades the AdsPolar platform iteratively from time to time to ensure the advanced applicability of the software.
5.2.3 Party B reserves the right to delete any account information of Party A that violates laws and regulations, jeopardizes national security, divulges State secrets and hinders social security.
6. Representations and Warranties
6.1 Party A represents and warrants that it is an independent entity duly organized, validly existing and in good standing under the Laws of the jurisdiction of its establishment, and has full legal capacity for civil rights and civil conduct to enable it to exercise its rights and perform its obligations under this Agreement. At the same time, when Partner performs its obligations under this Agreement, its behavior will not violate any restriction of applicable laws binding on it, nor will it infringe any intellectual property rights and other legitimate rights and interests of any third party other than this Agreement.
6.2 Party A warrants that its legal representative or authorized representative (if Partner is a legal person) or himself (if Partner is a natural person) has obtained legal qualification or full authorization to sign this Agreement on its behalf.
6.3 Party A warrants that any information or relevant qualification documents it submits to Party B is true, legal and valid. Any loss incurred to Party B due to the false, illegal or invalid information or relevant qualification documents provided by Party A, Party A shall compensate Party B in full.
6.4 Party A warrants that its account on the AdsPolar platform of Party B is for its own use only. Party A shall not authorize other people to use Party A's account, nor transfer the possession of Party A's account or transfer it in any other way to any other natural person or legal entity. Party B shall not be liable for any third party's access to Party A's registered account and all consequences caused by Party A's username and password being stolen, misappropriated or disclosed.
7. Disclaimer
7.1 Party A understands that Party B needs to maintain or upgrade AdsPolar platform regularly or irregularly for the normal operation of AdsPolar platform. If Party A cannot use AdsPolar platform normally due to such circumstances, Party A shall not be held responsible for this.
7.2 Both Parties confirm and agree that Party A shall be responsible for its use of the AdsPolar platform or the analysis results generated based on the AdsPolar platform, and the resulting consequences shall be solely borne by Party A.
7.3 Party B has the right to terminate this Agreement in advance without any liability for breach of contract, but shall notify the other party in writing 10 working days in advance
7.4 Neither party will be liable for a delay or default in the performance of its respective obligations under this Agreement if such delay or default is caused by the Event of Force Majeure. If an Event of Force Majeure constitutes for a period of five (5) Business Days, either party has the right to cancel this agreement without penalty. However, such cancellation will not alter a party's liability for payments due as at the time that the Event of Force Majeure commenced.
8. Confidentiality
8.1 Confidential information refers to the information with economic value that is protected by both Parties with confidentiality measures, including but not limited to: operation and management information, technical information and other confidential information in a certain form.
8.2 The Receiving Party has the right to grant the employees (including but not limited to the employees of its branches) who must know the Disclosing Party's confidential information due to business needs to use and access the confidential information, and such employees understand and agree to abide by the relevant terms of this Agreement and by performing the appropriate written Agreement signed with the Receiving Party, they can fully comply with all the terms of this Agreement. Without the prior written authorization or consent of the Disclosing Party, the Receiving Party shall not: (1) disclose any confidential information to any third-party; (2) use the confidential information for the benefit of any third-party; (3) use the confidential information not for the purpose of this Agreement.
8.3 This clause shall survive after the termination of this Agreement. Except the Disclosing Party agrees or for the purpose of complying with the law, the Receiving Party shall undertake the obligation of confidentiality.
9. Intellectual Property
9.1 Party B is the owner of the intellectual property and other related rights of AdsPolar platform. All intellectual property rights of AdsPolar platform, including copyright, trademark right, patent right and trade secret, are protected by the laws and regulations of the people's Republic of China and corresponding international treaties. Party B shall enjoy the above intellectual property rights, except the rights that the relevant obliges shall enjoy in accordance with the laws and this article.
9.2 Without the written consent of Party B or the relevant obliges, no one is allowed to implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purposes.
10. Data Protection
10.1 Data Protection Laws means any applicable data protection or privacy Law. It shall be including but not limited to (a) the EU Data Protection Directive 95/46/EC and EU e-Privacy Directive 2002/58/EC as implemented by countries within the European Economic Area (“EEA”); (b) from 25 May 2018, the EU General Data Protection Regulation (“GDPR”); and/or (c) the Children's Online Privacy Protection Rule (“COPPA”) formulated by the Federal Trade Commission of the US; (d) from 1 January 2020, the California Consumer Privacy Act, (e) the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais) (“LGPD”), (f) China's Personal Information Protection Law and related personal information protection, data security, and cybersecurity laws and regulations ("China Data Protection Laws"), and/or (g) other Laws that are similar, equivalent to, successors to, or that are intended to or implement the Laws that are identified in (a),(b),(c), (d), (e) and (f) above.
10.2 Each party confirms that it has complied, and will continue to comply with its obligations relating to personal data that apply to it under applicable Data Protection Laws.
10.3 Except as otherwise provided in this Section 10, each party agrees not to disclose or share any personal data to the other party, otherwise, both parties shall enter into a separate data protection agreement to specify each party's rights and obligations of data and privacy protection.
10.4 Both parties acknowledge that AdsPolar may receive Party A's employees' personal data (including name, job title, email address, data generated from Party A's employees' visits of AdsPolar platform, etc.). Party A warrants that it has provided adequate notices to, and obtained valid consents from, its employees, in each case, to the extent necessary for AdsPolar and/or its, affiliates to process their personal data in accordance with the AdsPolar Online Privacy Policy (published on AdsPolar official website), including sending direct marketing by email to Party A's employees in relation to the products and services of AdsPolar, and transferring the personal data outside of European Economic Area. Party A will provide on request records of all consents obtained from its employees to AdsPolar and shall notify AdsPolar in writing within 24 hours of Publisher receiving employee's objection to or withdrawal of consent.
10.5 To ensure that appropriate safeguards are afforded to personal data transferred by Party A to AdsPolar, the parties hereby incorporate the Standard Contractual Clauses for the transfer of Personal Information from the EEA to third countries (controller to controller transfers) approved by the European Commission in decision 2004/915/EC in their entirety (the “Model Clauses”), subject to the following: (a) “data exporter” shall mean Party A and “data importer” shall mean AdsPolar; (b) Data subjects, categories of data, special categories of data and processing operations, as required by Annex B of the Model Clauses, are described in Appendix I of this Agreement. In the event of any conflict between the Model Clauses and this Addendum, the Model Clauses shall prevail.
10.6 If, for the purposes of this Agreement, Party A or a third party entrusted by Party A to process personal data transfers personal information under this Agreement to AdsPolar, and such transfer constitutes an act of data export under the China Data Protection Laws, Party A shall comply with the relevant provisions of the China Data Protection Laws regarding the export of personal information and fulfill the relevant compliance obligations, including but not limited to conducting data export security (if necessary), signing a standard contract, and taking reasonable organizational and technical measures to ensure the security of the exported data. AdsPolar will provide assistance to the extent necessary to fulfill the above data exit compliance obligations upon express written request from the Party A.
11. Liability for breach of contract
11.1 In case that either party violates the provisions of this Agreement and causes losses to the other party, the breaching party shall compensate the non-breaching party for the losses. The losses referred to in this Agreement include but not limited to the economic losses caused to the non-breaching party due to the breach of contract by one party, the government fine, and the litigation fees, arbitration fees, transportation fees, notarization fees and reasonable attorney fees paid by the non-breaching party for the settlement of disputes.
12. Governing laws and Dispute Resolution
12.1 this Agreement and any dispute, controversy or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.
12.2 Any dispute arising or in connection with this Agreement will be resolved through friendly consultation between the parties. In case no settlement can be reached, the disputes will be submitted to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration according to the then effective rules of HKIAC. The arbitration shall take place in Hong Kong. The arbitration proceedings shall be conducted in English; The prevailing party shall be entitled to recover from the non-prevailing party all costs and expense related to such arbitration (including reasonable attorney’s fees and costs, lawsuit fees and costs, notarization fees, investigation fees, litigation preservation fees, travel expenses, etc.).
13. Notification and Delivery
13.1 Party B may provide Party A various rules, notices and reminders relating to the Service by one or more of the following means: website announcements, web reminders, emails and in-site messages sent from the management system where Party A registers the service account. Once such information is published or sent by AdsPolar in any of the foregoing means, it shall be deemed that Party A has accepted and agreed to such information, and such information shall be binding. If Party A does not accept, please stop using the Service, otherwise Party A is deemed to have accepted and agreed.
13.2 Notices sent by Party B in the aforesaid ways are considered as received by Party A on the following dates: on the date the web announcement is published, on the date when the email is sent to Party A's email account. In any event, if Party A delivers a notice to Party B, it shall be sent by email and/or express mail (such notice shall be affixed with an official seal). If either party sends a notification to the other party by more than one means, the date on which the other party is notified shall be subject to the earliest date of notification.
13.4 This Agreement includes other relevant agreements and platform rules that may be issued by Party B from time to time in connection with the Agreement and the Service. Party B will update the content above from time to time. Once related content is changed, Party B shall issue notices and make announcements in the manner specified in Section 13. The modified content, once published, shall supersede the original content and become a valid part of the Agreement. If, after the aforesaid content is updated, you disagree to the modification of such content by Party B, you shall cancel or referain from using the Service you have already received; if you still continue to use the AdsPolar platform, it shall be deemed that you accept and voluntarily abide by the aforesaid updated content.
14. Miscellaneous
14.1 This Agreement is executed in English. If necessary, it may be translated into other languages. However, if there’s any conflict, ambiguity or discrepancy between the English version and a version in any other language, the English version shall prevail.
14.2 The headings of all the provisions of this Agreement are for convenience only and have no actual meaning in themselves and shall not be relied upon in interpreting the meaning of this Agreement.
14.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect, except for the severability of the foregoing provisions.
14.4 Party B reserves the right of final interpretation of this Agreement. If Party A has any questions about this Agreement or the use of the Service, please contact Party B by the following means: [adspolar@mobvista.com]
[End of Text]
Adspolar Platform
Appendix I:
The personal data to be processed concern the following categories of data subjects:
Employees of Partner for business contact for the Agreement.
Purpose of the transfer(s)
Business contact, sending direct marketing emails to employees of Partner related to any service or product of AdsPolar and/or its Affiliates, monitoring traffic of AdsPolar website and improving the function of AdsPolar platform.
Categories of data
The personal data to be processed concern the following categories of data:
Employee’s name, job title, email address, phone number (if any); data generated from employees’ visits of the AdsPolar platform.
Recipients
The Personal Information transferred may be disclosed only to the following recipients or categories of recipients:
Email marketing service provider for purpose of sending marketing emails.
Third party technical service provider helping analysis the user usage of the AdsPolar platform and help AdsPolar to improve its platform.
Sensitive data (if appropriate)
The personal data to be transferred will not concern sensitive data.
Data protection registration information of data exporter (where applicable)
Not applicable.
Additional useful information (storage limits and other relevant information)
Not applicable.
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