The rules of
our engagement.

This platform is owned and operated by LEADZAI, S.A., a limited liability company incorporated under the laws of Portugal, with registered office at Parque de Exposições de Aveiro, Rua Dr. Manuel Almeida Trindade, s/n, 3810-488 Aveiro, registered before the Portuguese Commercial Register under the sole corporate number 514.339.098, with a share capital of € 93.429,76 (“Asamo”, “we” or “us”).

You, acting here as the Customer (“You”, “Yours”), may contact us at legal@asamo.com.

ASAMO has developed a lead generation cloud-based solution (the “Platform) that allows its users to put forward a given Digital Advertising Campaign in order to generate Leads. 

These Terms and Conditions (“T&Cs”), together with Appendix 1 – Data Processing Addendum (“DPA”) govern your or your organisation's access and use of the Platform. Please read these T&Cs and the DPA carefully before using this site as they form a contract between the person accepting these T&Cs (“End User”, “you” or “your”) and ASAMO.

What does Asamo do for you and how?

By making a Digital Advertising Campaign solicitation on the Platform, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you or your organisation and ASAMO. All contracts made through the Platform are electronic, pursuant to Article 26 of Decree-Law 7/2004, of 7 January, and Article 3 of Decree-Law 290-D/99, of 2 August, as amended. If you are not willing to enter into an electronic contract, please do not tick the option below. Unfortunately, in this case, we will not be able to accept your Digital Advertising Campaign solicitation.

You have to accept these T&C’s to benefit from ASAMO services.

If you are accepting these T&Cs or using the Platform on behalf of an organisation, you are agreeing to these T&Cs for that organisation and representing to us that you have the authority to bind that organisation to these T&Cs (in which event, “End User”, “you” or “your” will refer to that organisation). You will be responsible for ensuring that all End Users of your organization acknowledge and use the Platform in accordance with these T&C’s. 

If you act as a legal representative of an organization, you have the authority to sign these T&C’s

If you are accepting these terms on your own behalf, you hereby declare that you are over 18 years old and have full legal capacity to enter into contracts. You also acknowledge and declare that this is not a consumer relation and your contractual relation with Leadzai will always be qualified as a business-to-business contractual relation.

The Platform may only be used by End Users with full legal capacity in accordance with Portuguese law. By making a Digital Advertising Campaign solicitation on the Platform you declare that you and all your End Users meet this condition.

We are not liable for any consequence deriving from an End User’s lack of legal capacity.  Please read the following carefully. If you do not accept these T&Cs, you shall not use the Platform or allow End Users to use it. We recommend that you keep a copy of these T&Cs in a durable format so that you can check them whenever you wish.

If you are acting on your own behalf, you need to be of age and not acting as a consumer.

In this document, 

“Account” means the account that must be created for a Platform user to become a Customer and make a Digital Advertising Campaign solicitation through the Platform;

“Call Tracking Number” or “CTN” means a provisioned telephone number acquired by ASAMO and inserted in the advertisement of the Digital Marketing Campaign that forwards incoming callers through to the Customer’s primary business telephone line and enables the Parties to measure the number and content of incoming calls to the Customer’s business resulting from the Digital Marketing Campaign and provide additional information regarding such incoming calls. 

“Confidential Information” means all information (written or oral) disclosed by any of the parties, under any way or form, in a context where it would be reasonably understood to be disclosed in confidence, relating to their respective business activity, that is not in the public domain (other than as a result of the breach by the counterpart in this Agreement) at the date of this Agreement including but not limited to the ideas, price lists, plans, products, potential or actual Customers, suppliers, business, trade secrets, technology, market, and business information, know how, trade secrets, products, processes, business strategies, information concerning research, Customer’s lists, supplier lists, marketing plans, product development, manner or operation or financial condition or prospects or other secret or confidential, technical or commercially sensitive information.

“Converted Customer” means a “Lead” who placed an order to your business by, for e.g., booking an appointment or requesting a service to be performed. A “Lead” might be confirmed as a “Converted Customer” in one of two ways:
i) Automatically, 5 days after the lead has been generated, unless the “User” marks it as not converted using the functionality provided by the “Platform”;
ii) Manually, if the “User” marks it as converted using the functionality provided by the “Platform”.“Customer” means any private individual, legal entity, company or business, with full legal capacity having an Account on the Platform who seeks and/or makes a Digital Advertising Campaign;

“Digital Advertising Campaign” means an online marketing effort put forward by a company and/or an individual to drive engagement, Customer acquisition, traffic, revenue or others, notably through advertising in social media, mobile apps and search engines;

“End User” means the individual authorized by Customer to use the Platform. End Users are only allowed to use the Platform under the instructions and for the benefit of the Customer;

“Intellectual Property Rights” means the patents, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, software, database rights, rights to use, and protect the confidentiality of Know-how and trade secrets and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Interested Party” means any private individual, legal entity, company or business which enters into a contract for a commercial transaction with the Customer by virtue of a Digital Advertising Campaign.“Lead” entity who reached out to you as a consequence of the Digital Advertising Campaign managed by ASAMO;

“Legislation” means any statute, statutory provision or subordinate legislation or any mandatory rules or guidance issued by any regulatory body having jurisdiction over the applicable party.“Platform” means the software developed by ASAMO that allows Customers to estimate the outcome of and put forward a given Digital Advertising Campaign, including, where the context permits, any upgrades and other modifications applied to such platform;

“Qualified Lead” all Leads that do not fall into the following criteria
(i) the Lead includes a non-working or invalid phone number or email address;
(ii) the Lead includes an obviously fraudulent first and/or last name (e.g.,  Mickey Mouse);
(iii) the Lead contact person is a solicitor seeking to sell goods or services or employment;
(iv) the Lead is from a person or entity that has already been provided by ASAMO to Customer during the previous 30 days;

“Reseller” means a party which has entered into a Reseller Agreement with ASAMO with the purpose of marketing and promoting the Platform;

“Third Parties’ Websites” means the third-party digital advertising platforms, including, without limitations, the terms and conditions of Meta, Microsoft, Google Ads and other similar platforms where the Digital Advertising Campaign is launched;

“Third Parties’ T&Cs” means the terms and conditions applicable to Digital Advertising Campaigns that are launched in third-party digital advertising platforms, including, without limitations, the terms and conditions of Meta, Google Ads, Microsoft Ads and other similar platforms;

“Tracking Script” means a JavaScript script and its installation instructions with the purpose of allowing the Platform to track the leads generated and including the CTN on the destination URL;

“Virus” means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;

“Vulnerabilities” means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability.

A reference to writing or written includes email, unless otherwise expressly provided in these T&Cs.Any obligation on a party not to do something includes an obligation not to knowingly allow that thing to be done.

In order to make a Digital Advertising Campaign solicitation, Customers have to fill in an online registration form available on the Platform in order to create an Account.

Each Customer may only create one Account once. We can cancel any subsequent Accounts made by the same Customer.

The registration of the Customer to create an Account is free of charge.

The Customer may request, at any time, cancellation of its Account. However, this does not confer any right to reimbursement of amounts already paid for the use of a previously hired Digital Advertising Campaigns. Upon registration, the Customer will designate a user ID and password to access the Account. Each End User’s Accounts is personal and cannot be transferred.

How can you set up an account?

When filling in the online registration form you must:
- provide true, accurate, up-to-date and complete information;
and
- maintain and promptly update such data to keep it true, accurate, up-to-date and complete.

What information do you have to provide?

We may cancel or eliminate, temporarily or permanently, the Customer’s Account at any time if they (i) fail to comply with these T&Cs, (ii) assign their contractual position to third parties without our prior written authorisation and/or (iii) act in such a way as to cause losses to us, other Customers, Resellers or third parties.

If it is necessary to deactivate a Customer’s Account, we will inform that Customer by e-mail and they should not seek to access the Account using another name or a different login. In cases where you have registered and we have supplied you with Account login details, you acknowledge and accept that it is your responsibility to keep End Users’ user ID (email) and password secret and confidential. We will never ask Customer or End Users to share these details with other persons.

By creating an Account, you understand that we may send you communications or data regarding the Platform, including but not limited to: (a) notices about your use of the Platform, including any notices concerning violations of use; (b) updates, via e-mail.

How can you suspend or cancel an account?

When using the Platform, Customer will comply with the terms set in these T&Cs.

How can you use the Platform?

Only Customer’s authorized End Users are entitled to use the Platform under the terms of this Agreement. For the sake of clarity, staff shall mean direct employees of the Customer or of its Affiliates, temporary employees, trainees and individual contractors. Customer is responsible for the use of the Service by any End-User, as well as for use of the Service by any third-party that uses the Service through Customer’s credentials. Customer is responsible for implementing Customer’s own security measures in order to safeguard Customer’s credentials and to prevent disclosure of the same to any third-party.

If the Customer knows or suspects that someone had access to their Account login details, they must inform us immediately at support@asamo.com.

Only authorised End-Users may use the Platform.

The Customer is responsible for obtaining and maintaining all hardware, network connection and software necessary to use the Platform. If the Customer uses the Platform to access or use any Third-Party Systems, the Customer is solely responsible for ensuring that such access and use is authorized by and compliant with the terms of access and use for the applicable Third-Party Systems.

Hardware, networking connection and other software is your responsibility.

Customer hereby authorizes ASAMO to:
a) Track its digital channels namely its websites, by installing a Tracking Script, relevant for the Qualified Leads;
b) Create content based on the public information available about the Customer, in order to generate leads and publicize it in whatever means necessary,
c) Speak on your behalf with potential Leads;
d) Replace the phone number and record telephone conversations in order to obtain Lead Qualifications; and
e) Duplicate partially or in full their relevant websites and store them in ASAMO servers for the purpose of providing the services contracted by these T&Cs.

What do you have to grant to ASAMO?

Customer further represents and warrants that Customer’s use of the Platform will be in compliance with all applicable Laws, and that Customer has sufficient rights, title, and interests in and to any data for uploading and using the same within the scope of the service provided by ASAMO.

You are responsible for ensuring that your use of ASAMO is compliant with the law.

ASAMO shall charge the Customer for every new Customer that was converted from a Qualified Lead generated through the Digital Marketing Campaign running on the Platform.

The price is dynamically calculated during the Digital Marketing Campaign setup and should be valid for 30 (thirty) days after the campaign setup if the campaign was not launched. The criteria for variation of the price are essentially based on market demand, online identifiable searches for the service in question and competitive dynamics.

What do you have to pay to Asamo?

By launching a campaign you accept the price per goal quoted by us.

You have to accept the price per goal quoted by us.

As market conditions can change, in some cases, our systems will recalculate the price per customer after the first 3-month term to reflect the current pricing. You will be notified of any change when it occurs and such change will only come into effect after your explicit consent. In case you do not provide explicit consent within thirty (30) days, your Digital Marketing Campaign might be paused.

ASAMO may, at its own discretion, lower the price charged throughout the Digital Marketing Campaign.

The price quoted and the assessment of a which Leads are Qualified Leads is reliant upon the correct installation of the Tracking Script by the Customer.  

ASAMO does not charge any additional fees. For avoidance of doubt the price per Qualified Lead is inclusive of all fees - except for taxes - and that is the only amount the Customer will be charged.

We will always inform you if the price is higher.

Launching a Digital Advertising Campaign on the Platform is dependent on the availability of sufficient funds in the selected payment method.

ASAMO will captivate on the payment method the amount equivalent to one lead on the launch of the Digital Marketing Campaign. Such an amount will become a definitive charge when the first Converted Customer is confirmed, or released if the Digital Marketing Campaign terminates for any reason before that. Afterwards, you will be charged for every new Converted Customer confirmed. The frequency of these charges might be adjusted automatically by ASAMO.

A Converted Customer is confirmed automatically 5 days after the lead was initially generated unless the User marks the Lead as not converted using the functionality provided by the Platform.

If for any reason a Converted Customer that has been confirmed and charged for is later considered not converted (for e.g. someone booked an initial appointment but failed to show up), the Customer might be entitled to a refund. Any refund requests must be initiated via email to support@asamo.com and might take up to 30 days to process.

The invoice for the all the Converted Customers charged pursuant to the Digital Advertising Campaign’s outcomes fulfilment will be issued electronically monthly with the information you provide us and sent to the e-mail address that you indicate.

The Digital Advertising Campaign will be active within a maximum period of 48 hours following ASAMO’s acceptance of the Digital Advertising Campaign solicitation, except in cases of force majeure or cases outside of our control.

ASAMO may issue promotional campaigns to its Customers to drive engagement in the Platform, namely vouchers. The voucher’s funds are non-refundable and will only be valid to be spent on Digital Marketing Campaigns.

How do you pay to ASAMO?

Customer hereby acknowledges that:

- Digital Advertising Campaigns launched through the Platform will be subject to the applicable Third Party’s T&Cs;
- Placing a Digital Advertising Campaign on the Platform is dependent on agreeing to the applicable Third Party’s T&Cs;
and
- By accepting these T&Cs and making a Digital Advertising Campaign solicitation Customer is also agreeing to be bound by the applicable Third Party’s T&Cs with which ASAMO contracts.

Any information you provide on the Platform is subject to the following:
- The content suggested by the Platform is based on the destination website provided by the user and therefore, you can only provide destination websites for which you are entitled to use the content for such purpose,
- The content suggested by the Platform is only an aid to support you in creating your Digital Marketing Campaign. It is your responsibility to guarantee that the content complies with the T&Cs;
- You agree that content posted by you is under your exclusive responsibility, will be accurate and will not:
(i) infringe any third party’s rights, including privacy rights, publicity rights, contract rights, Intellectual Property Rights or any other rights of any person;
(ii) abuse, harass, threaten, impersonate or intimidate other users;
- You are solely responsible for your conduct and for any data, text, all the information regarding the Digital Advertising Campaign, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Platform;
- You agree that the posting of your Content on the Platform does not result in a breach of contract between you and a third party;

Regarding the Digital Advertising Campaign, you guarantee that:
- You are the owner or authorized user of the pre-existing Intellectual Property Rights contained in your Digital Advertising Campaign;
- In such cases you use pre-existing and authorized Intellectual Property Rights of third parties, you will obtain all the authorizations necessary to make the disclosure of it on the Platform and to licence and convey, if necessary, the Intellectual Property Rights to ASAMO, including from an employer of yours or a co-contracting party before submitting the Digital Advertising Campaign;
- The Intellectual Property Rights regarding the Digital Advertising Campaign transferred or licenced to ASAMO do not have any encumbrances or charges;
- You are not required to transfer your rights over the Digital Advertising Campaign to a third party (other than ASAMO) pursuant to the Digital Advertising Campaign;
- You acknowledge that at any time, you may be asked to make legally binding warranties and representations to ASAMO in relation to a Digital Advertising Campaign. Violation of any of these representations and warranties will result in the termination of your Account. You understand and agree that you are solely responsible for the Content that you publish or upload to the Platform, and for the transfer of technologies or information with which you are involved. ASAMO expressly disclaims any liability or responsibility thereto.

What about the content you post?

Customer may edit their active Digital Advertising Campaign at any time through its Account, which will be subject to ASAMO’s approval.

Customer may deactivate its Digital Advertising Campaign at any time through its Account, without being entitled to reimbursement of any amount paid for such Digital Advertising Campaign.

How can you change your Digital Advertising Campaign?

There are certain rules that apply to End Users.

When using our Platform, you agree (and ensure that End Users agree):
- To not submit false, misleading, malicious or fraudulent information;
- To not post Content that is contrary to good morals or the purposes of the Platform;
- To not infringe the rights and image of ASAMOLEADZAI, such as its Intellectual Property Rights;
- To not use the Platform to build a similar service or website;
- To not open more than one Account on the Platform or open an Account in the name of a third party;
- To keep confidential the Account login details and only use your own Account, taking full responsibility for actions done using that Account, even if by third parties, with or without their authorisation;
- To not use the Account of another Customer;
- To not try to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of these T&Cs, to avoid payment of any fees due and payable in connection with a given Digital Marketing Campaign, including to make use of relevant information obtained through the Platform to launch a Digital Marketing Campaign by any means other than through the Platform;
- To not attempt to localise, translate, decrypt, unbundle, repackage, discover the source code of, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means or in any way change any part of the Platform;
- Introduce or permit the introduction of any Virus or Vulnerability into the Platform or ASAMO’s network and information systems;
- To not use any device, software or routine that could interfere with the proper working of the Platform or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
- To not to take any action that imposes an unreasonable load on our Platform;
- To not assign your contractual position, or its rights or obligations, in whole or in part, to third parties without ASAMO’s prior written authorisation;
- To not use any unauthorised means to modify, reroute, or gain access to the Platform or attempt to carry out these activities;
- To not use the Platform for any commercial or other purposes that are not expressly permitted by these T&Cs;
- To not use any automated process (such as a bot, a spider, or periodic caching of information stored by ASAMO) to access or use the Platform;
- To inform us in time and diligently about the occurrence of any and all events that might adversely affect or prevent the full and timely performance of any of the obligations arising to them out of these T&Cs;
- To inform us in time and diligently about all the facts which may be relevant for the Digital Advertising Campaign to be carried out properly, in particular, any change of e-mail and, if given, name, address (including civil parish and postal code), tax number and phone contact details;
- To, more generally, not to act in a way that violates the law or breaches these T&Cs or any other policy, instruction or terms applicable to the End User’s use of the Platform that are available at https://www.asamo.com.

The failure by you or End Users to perform the obligations arising out of these T&Cs confers on us the right to be compensated in accordance with applicable law or to suspend or terminate your access to the Platform.

Acceptable use of the Platform

What about ASAMO’s rights?

ASAMO has full discretion to edit any Digital Advertising Campaign, having the powers to use, modify or alter any and all Content which Customer submits, posts or displays on the Platform and to include any additional media or content as ASAMO sees fit.

We may remove, cancel or delete any Digital Advertising Campaign, at our sole discretion, temporarily or permanently, without your prior authorisation or notification. Customer will receive an e-mail informing him/her about the removal of the Digital Advertising Campaign and the reasons for its removal. Whenever it is possible to correct the part of the Digital Advertising Campaign that is not in conformity, we will inform Customer about this and how to correct it, and Customer will not lose the right to benefit from the Digital Advertising Campaign until its contracted term.

If an order, directive or rule issued by a public authority obliges us to remove the Digital Advertising Campaign, we will inform, to the extent that this is legally acceptable, Customer in advance about the elimination of the Digital Advertising Campaign. If it is not possible to send this communication in advance, we will do so as soon as possible.

In case ASAMO is held liable for any infraction related to your advertising before a public authority or a court, Leadzai will have the right to charge You back for any penalties and expenses related to such infringement.

In the above-mentioned circumstances, Customer is not entitled to the reimbursement of amounts already paid for a previously hired Digital Advertising Campaign.

We can always edit or delete your Digital Advertising Campaign

We have no additional involvement in the communications and interactions between Customer and the Interested Party and we do not participate in the transactions conducted between them, nor do we act as intermediary and/or legal representative for any of the parties involved in the transaction.

We do not influence, check, guarantee or assess the content of the Digital Advertising Campaign published on the Platform.

We do not guarantee (i) the quality, veracity, accuracy, certainty and/or legality of the Digital Advertising Campaign, (ii) the selling capacity of the End User, (iii) the purchasing capacity of the Interested Party and/or (iv) the finalisation of commercial transactions.

Customer hereby authorises us to assign our contractual position and/or the right to receive any pecuniary amount owed by Customer The assignment will have effect as from the date of receipt by Customer of a written communication (including by e-mail) concerning such assignment.

What is the level of ASAMO’s involvement in your Digital Advertising Campaign?

None of the parties will divulge or communicate to any person or entity, without the written approval of the other party, any Confidential Information disclosed to a party for the purposes of these T&Cs, and must use the same care it uses to protect its own Confidential Information of like importance, but not less than reasonable care. The parties may only disclose Confidential Information to its officers, employees and professional advisers that have a legitimate need to know and use the Confidential Information, provided that, prior to such disclosure, such Party shall impose on such officers, employees and professional advisers confidentiality obligations substantially similar to those contained herein. This clause does not prohibit disclosure of any information which:
- Is or becomes publicly available (otherwise than as a result of a breach of these T&Cs);
- Was lawfully in the possession of the relevant party free of any restriction on disclosure as can be shown by that Party’s written records or other reasonable evidence;
- The receiving party receives, without restriction from a third party provided that such information was not obtained by such third party directly or indirectly from the disclosing Party under any obligation of confidence;
- The receiving party independently develops without the use of the disclosures hereunder; or
- Is required to be disclosed by any party by court order, by law or regulation having force of law or which is required to be disclosed by any party to a regulatory authority provided that, however, unless it is permitted from doing so by applicable law, such party will promptly inform the other party prior to disclosure and cooperate with the party’s reasonable efforts to resist or narrow the disclosure and obtain a protective order or other reliable assurance that confidential treatment will be accorded to the party’s Confidential Information.

You agree to defend, indemnify and hold ASAMO harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of Confidential Information.

Let’s keep our information safe (and private!)

A.. Customer grant of license to ASAMO

For the purposes of the Platform and to enable the provision of the Digital Advertising Campaign, you grant ASAMO a non-exclusive license, free of charge, with the right to sublicense, for the entire world and for the duration of your contractual relationship with us, to use, at ASAMO’s sole discretion but limited to the purposes of the Digital Advertising Campaign, the Content and data that you submit on the Platform. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any Content you provide, and to broadcast it via Third Party’s Websites and to share it with the public. You ensure that the same will be granted by your End Users.

ASAMO requires authorization to use the Content uploaded by Customers and other users of the Platform and, therefore, the revocation of the license shall imply the cancellation of the contract with ASAMO and the associated Accounts.

ASAMO shall be the proprietor and have the right to compile, process and use the data generated by your use of the Platform for statistical and commercial purposes. We warrant that such data shall be duly anonymized and aggregated, and, under no circumstance, will we identify you or any other user in this data.

B. ASAMO’s IP Rights / Limited License

Your license for ASAMO’s use of your Content (and ASAMO’s permission for your use)

ASAMO is the proprietor of the software and all materials on the Platform that are not Content uploaded on the Platform by you or by the Reseller, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials protected by copyrights, trademarks, service marks, or other proprietary rights. We are holders of the Intellectual Property Rights associated with the Platform and the materials published in the same, and, in cases where we are not the holders, we have a licence to use them. These materials are protected by intellectual property laws and are reserved.

ASAMO fully owns the Platform and all related intellectual production.

During the term of the Digital Advertising Campaign you have the non-exclusive, revocable and non-transferable right to access and use the Platform exclusively for your internal business purposes and in connection with the Digital Advertising Campaign. We reserve all other rights to the Platform. Any Platform access is licensed and not sold. In the event that you provide comments, suggestions and recommendations to us with respect to the Platform (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Platform) (collectively, "Feedback"), you hereby grant to ASAMO a free of charge, with the right to sublicense, for the entire world, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Platform.

ASAMO grants you a non-exclusive, revocable and non-transferable right to use the Platform.

If you use the Platform in breach of the provisions of these T&Cs, your right to use the Platform will cease immediately. In this case, you will be obliged to destroy or deliver to us the materials used in breach of these T&Cs.All new versions, updates or changes to our Platform shall be subject to these T&Cs. ASAMO reserves all rights not expressly granted by the present T&Cs.

C. Remedies 

If you believe that your legitimate Intellectual Property Rights have been violated by the introduction of certain content on the Platform, you must notify ASAMO and provide us with the following:
- Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party;
- Identification of the specific Platform content that you consider is protected by Intellectual Property Rights as well as its location on the Platform (indicating the URL link);
- Accreditation of the aforementioned Intellectual Property Rights;
and
- Reasons for the supposed violation.

ASAMO will collaborate with you to attempt to resolve the matter in the swiftest manner possible.

ASAMO can cancel your access to the Platform if you breach ASAMO IP rights.

15. Limitation of Liability

ASAMO does not exclude or limit its liability in any way that would make such an exclusion or limitation unlawful.

ASAMO has no control over the behavior of Customers and its End Users or other users of its Platform. We do not control the information provided by others that is made available through the Platform; other user’s information may be inaccurate.

By accepting these T&Cs, you acknowledge that you are the sole controller and that ASAMO does not control in any manner the nature, quality, legality or timing of the Digital Marketing Campaigns.

ASAMO has no control over, and is not responsible for, the acts or omissions of third parties in their respective Third Parties’ Websites, or the quality, accuracy or legality of the Third Parties’ Websites. We do not endorse any Third Parties’ Websites. End Users act under their sole and full responsibility. ASAMO cannot be held liable if a Digital Advertising Campaign’s outcome fails to occur as intended.

ASAMO has no control about the information uploaded in the Platform.

ASAMO provides the Platform “as is” and “as available”. We do not guarantee that the Platform is free from errors, bugs or Viruses or that it will perform as intended. To the maximum extent permitted by applicable law, ASAMO makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the Platform’s service will be uninterrupted, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. ASAMO does not warrant or represent that it will indeed create the best advertising strategy for each individual case nor shall we be liable for its performance, or any liability caused by its usage, including lost profits. Some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.

ASAMO shall not in any circumstances be liable to Customers or its End Users for (i) loss of profits, (ii) loss of business; (iii) depletion of goodwill or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of use; (vi) loss or corruption of data or information; (vii) loss of goodwill or business opportunities; (viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.You agree to look solely to the corresponding third party for any claims you may have regarding information provided in the Third Parties’ Website. If you have a dispute with a third party, you hereby release ASAMO from all claims of any kind arising out of such dispute.

You agree that you will be responsible for, and at ASAMO’s request, defend ASAMO from third party claims arising out of information you provide to ASAMO for publication or any breach by you of these T&Cs. Consequently, under no circumstances shall ASAMO be considered to be liable for such damages arising from the above mentioned third party claims.

The Platform is provided “as is”. No expectations granted.

Any claim or cause of action related to your use of the Platform must be filed within one (1) year after such claim or cause of action arises or be forever barred. In any case, ASAMO’s total aggregate liability in contract, tort (including without limitation negligence), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with any material breach of these T&Cs shall in all circumstances be limited to € 5,000.00 (five-thousand euros)

ASAMO acceptable responsibility.

16. Computer Viruses

You are responsible for configuring your technological equipment and using anti-virus programmes. The End Users shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Platform that:
- Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- Facilitates illegal activity;
- Depicts sexually explicit images;
- Promotes unlawful violence;
- Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- Is otherwise illegal or causes damage or injury to any person or property; and ASAMO reserves the right, without liability or prejudice to its other rights to Customer, to disable the End User’s or Customer’s access to the Platform and to the Account for breaches of the provisions of this Clause.

You shall not obtain unauthorised access to the Platform, to the server where the Platform is hosted, or to any equipment or database connected to the Platform.

The required security measures.

17. Account Suspension, Restrictions of Access and Termination

If you (i) breach your undertakings as set out in these T&Cs or in our Privacy Policy (available at https://asamo.com/en/privacy-policy), (ii) assign your contractual position to third parties without our prior written authorisation and/or (iii) act in such a way as to cause losses to us, another Customer or Reseller or if we have genuine reason to believe that the security and integrity of the Platform, ASAMO, its Customers or third parties are at risk, we reserve the right to:
- Immediately terminate these T&Cs binding you and ASAMO; and
- Temporarily or permanently suspend your Account.

When this is necessary, you will be notified of such measure to enable you to respond. ASAMO will decide, at its sole discretion, whether to lift the measures put in place.

Should it be necessary to deactivate your logins to the Platform, we will inform you and you should not attempt to access the account using other means.

We reserve the right to temporarily suspend or terminate your access to the Platform or Account at any time in our sole discretion, without notice, and without incurring liability of any kind, for any one or more of the following reasons: (a) the actual or suspected violation of these T&Cs; (b) the use of the Platform in a manner that may cause us to have legal liability or may disrupt others’ use of the Platform; (c) the detection of suspicious behaviour in your Account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages or other emergency situation, as determined in ASAMO’s discretion. If, in our sole discretion, the suspension is indefinite and/or ASAMO has elected to terminate your access to the Platform or Account, we will use commercially reasonable efforts to notify you through the e-mail address associated with your Account. You acknowledge that if your access to the Platform or Account is suspended or terminated, you may no longer have access to the Content that you have published or uploaded to the Platform.

How and when can ASAMO suspend or cancel your account?

18. Personal Data

We Collect and Process Personal Data. In using and registering on the Platform, you acknowledge and accept the processing of your personal data by ASAMO as set out in our Privacy Policy, as amended from time to time, available at https://ASAMO.com/en/privacy-policy, which forms an integral part of these T&Cs. Whenever we use Personal Data under the purposes determined by You, we will act as your processor and the Appendix A – Data Processing Addendum to this T&C’s shall apply.

Processing of Personal Data

19. Operation, Availability and Functionalities of the Platform

We shall try as far as possible to maintain the Platform continually accessible. However, the access to the Platform or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to, without prior notice, update, modify or suspend all or part of your access to the Platform or its features, the structure and design of our Platform, as well as some services or content, at our sole discretion, temporarily or permanently. These alterations do not require your prior authorisation or notification.

We can also change the URL of the Platform and when we do so you will be automatically redirected to the new URL for a reasonable period. This change does not require your prior authorization or notification.

We may suspend or cancel availability of parts of the Platform for commercial or operational reasons. Whenever possible and before operating any suspension or cancellation, we will inform the End Users, except in cases of force majeure.

Performance (and potential downtimes) of the Platform

20. Hyperlinks

Our Platform may contain links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

We are not responsible for third party hyperlinks

21. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and ASAMO relative to your use of the Platform.

We reserve the right to alter these T&Cs at any time. Whenever these T&Cs are altered, we will date and post the most current version of these T&Cs at https://ASAMO.com. Any changes will be effective upon posting the revised version of these T&Cs or such later effective date as may be indicated at the top of the revised T&Cs.

If in our sole discretion we deem a revision to these T&Cs to be material, we will notify you via the e-mail address associated with your Account.

Whenever you use the Platform, please check the T&Cs and ensure that you understand them.

What if these T&C’s change?

Your continued access or use of any portion of the Platform constitutes your acceptance of such changes. If you don't agree to any of the changes, you must cancel and stop using the Platform.

If you keep using the Platform, you are accepting the changes.

22. Miscellaneous

These T&Cs apply to the maximum extent permitted by relevant Legislation. If a court holds that we cannot enforce a part of these T&Cs as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant Legislation, but the rest of these T&Cs will remain in effect.

The non-exercise, or late or partial exercise, of any right which we have under these T&Cs cannot under any circumstance imply the waiver of such a right, or the expiry of the same and, therefore, any such right will remain valid and effective despite not being exercised.

23. Applicable Law and Dispute Resolution

These T&Cs shall be interpreted in accordance with Portuguese Law.

The parties agree that the judicial courts of Lisbon shall have the exclusive jurisdiction to settle any dispute, controversy or claim arising from or in connection with these T&Cs.

Any issues related to the Platform, in particular requests for information about technical or commercial aspects of the same and complaints, may be raised by contacting us at support@asamo.com, legal@asamo.com or by letter to the corporate address given in these T&Cs.These T&Cs will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

What if we need to solve a dispute?