Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://cipiai.com (“the Site”) operated by the trade name Bisdev Solutions Limited (“Company”, “us“, “we“, or “our“). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://cipiai.com.
By submitting an application or accessing the Company Platform, you are agreeing to be bound by the terms and conditions of the Advertiser Program (referred to as the “T&Cs“). These T&Cs, along with our Privacy Notice, which is incorporated by reference, as well as any future amendments or related orders between you and the Company, govern the relationship between you (referred to as the “Advertiser“ or “you“) and the Company (referred to as “Bisdev Solutions Limited“) and apply to your participation in the Advertiser Program. Together, these documents constitute the “Agreement“.
This website and services provided herein managed by:
Bisdev Solutions Limited
Room 701, 7/F, Lucky Centre
165-171 Wanchai Road, Wan Chai
Hong Kong1. Definitions
“Action“ refers to various types of events, such as clicks, installations, sales, downloads, leads, impressions, registrations, subscriptions, or other specified events, that are eligible for remuneration by the Advertiser.
“Advertiser“ refers to a company or individual that promotes products or services through the CIPIAI Program and pays for generating qualified actions in accordance with the terms and conditions of this Agreement. The advertiser must ensure that its advertising is truthful and not deceptive, and must comply with laws related to privacy and data protection.
“Advertiser Platform“ refers to the landing page, website, or app that users may be redirected to through the Links.
“Advertising Materials“ refers to any trademarks, advertising content, images, text, video, data, or other materials provided by or on behalf of the Advertiser to the CIPIAI.
“CIPIAI Affiliate Offer(s)“ refers to Offers available for Affiliates in the CIPIAI network, each Offer includes specifications relating to Advertising Materials that are to be used/linked/placed/displayed on the Traffic source(s) of Affiliates. Offers are considered to be completed through the actions that meet certain criteria or requirements of the end user(s).
“Company“ refers to Bisdev Solutions Limited, a company with a registered office in Hong Kong.
“Content“ means textual, visual, or aural content that is encountered as part of the Affiliate’s website(s)/Traffic source(s). It may include documents, data, applications, e-services, images, audio and video files, personal web pages, archived e-mail messages, and etc.
“Company Platform“ refers to the internet website and platform owned and operated by the CIPIAI to provide the Services.
“Links“ refers to graphic and textual links to the Advertiser Service.
“Parties“ refers to both the Advertiser and the CIPIAI together, and “Party“ in the singular refers to either of these parties.
“Services“ refers to the services or assistance provided by the CIPIAI under this Agreement.
“Traffic Source“ refers to any and/or all web sites, doorways, social networks, emails marketing, Traffic sources of the Affiliate and/or any other Traffic source available for the Affiliate in each Offer through the CIPIAI network for the provision of the services under the terms of this Agreement.2. General Terms
2.1 Advertiser shall furnish CIPIAI with the advertising materials required to perform the services. The Advertiser warrants that it has the right to use the advertising materials based on the copyrights and licences it holds, and that the use of the advertising materials does not violate any laws, regulations, or the rights of third parties. The Advertiser shall not transfer copyrights or licences to the advertising materials to CIPIAI under any circumstances.
2.2 CIPIAI reserves the right to refuse to accept and place advertising materials provided by the Advertiser if the content of said materials violates applicable legislation, CIPIAI policy, or contains any signs of inappropriate or unethical advertising. However, CIPIAI is under no obligation to review the advertising materials or assume any liability for any such violations.
2.3 Parties may also permit third party webmasters and affiliates to create their own advertising materials for the purpose of generating leads. In the event that advertising materials are created by third party webmasters and affiliates, the responsibility for these materials shall lie solely with the creators.
2.4 Advertiser acknowledges and agrees that CIPIAI cannot guarantee a specific level of lead performance, as it is dependent on the actions of Internet users. CIPIAI provides forecasted lead performance information based on statistical data. Therefore, the Advertiser understands and acknowledges that such forecasted lead performance is merely an estimate and that CIPIAI shall not be held responsible for any failure to meet such forecasted lead performance due to objective reasons.
2.5 Advertiser is required to promptly notify CIPIAI of any changes to the previously provided information and advertising materials.
2.6 CIPIAI reserves the right to unilaterally suspend its services in the event of incorrect integration for any reason, delay in payment by the Advertiser, or reasonable suspicions that the Advertiser's advertising materials violate any laws, regulations, or third party rights.
2.7 Advertiser is solely responsible for all: (i) contents generated by or for the Advertiser; (ii) properties to which a content directs users (including, without limitation, content on the domain or landing page reached by clicking on the content URLs); and (iii) Advertiser's services. The Advertiser accepts and acknowledges full responsibility in the event that the contents of a campaign are deemed invalid or illegal in any applicable jurisdiction.
2.8 By agreeing to these terms, you agree not to allow any third parties to place ads that violate the requirements of legislation, as well as ethical and moral standards. You shall be solely responsible for all expenses and losses incurred from your illegal use of copyrighted materials (including ads, trademarks, etc.).3. Refund Policy
The Company strives to offer the best service possible to its clients. However, our services may not suit every business, and Advertisers who have followed our terms of use may request a return of the balance remaining on their account at any time. This does not include bonuses or any other form of credit from CIPIAI.
3.1 Refund may be granted only upon the submission of a written request, including the justification for the refund, to the individual responsible for managing your CIPIAI account or to the email address info@cipiai.com.
3.2 Following rules must be met before a refund request is considered:
- Request for a refund will be deemed valid if it is sent from the email associated with the Advertiser's Account in CIPIAI System;
- Minimum refund sum is 100 USD/EUR; Refund amount will be credited back to the same payment method and account that was used for the payment;
- Refund procedure can not be initiated in case terms and conditions were violated or illegal actions, fraud activity was detected;
- Refund request will be completed within 7 working days since the date the refund request was received;
- Refund is subject to apply for a sum credited to the balance within the last 12 months. In case the credited amount has proceeded later than 12 months, the refund procedure can not be initiated.
4. Representations, Warranties and Covenants
4.1 The implementation of this Agreement by such party and the execution by such party of its binding obligations and duties to the extent set forth hereunder do not and will not violate any agreement to which it is a party or by which it is otherwise bound.
4.2 When performed by such a party, this Agreement will constitute the legal and binding obligation of such party, enforceable against such party in accordance with its representations, warranties, terms and conditions.
4.3 The Advertiser is responsible for providing correct, relevant documents and personal information upon request, including but not limited to identification cards or a passport. The Advertiser acknowledges and accepts that we, CIPIAI, have a right to refuse, reject or suspend your account, campaigns or payment in its sole and absolute discretion in case submitted documents were not provided or were containing counterfeit documents and false personal information.
4.4 The Advertiser has and will have all necessary rights for its Advertising to be delivered to Webmaster Websites through the CIPIAI’s Program.
4.5 No claim has been made that The Advertiser does or may not have any right with respect to the Advertising.
4.6 No Advertising placed by the Advertiser will:- infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
- be false, deceptive, misleading, unethical, unlawful, defamatory, libellous, threatening, harassing, hateful or discriminating;
- launch auto-install executable popups, hidden browser windows, prompted executable or other questionable media content;
- cause disruption to any computer, computer system, network and shall be free from viruses or malicious code.
4.7 Advertisements placed by the Advertiser will:- comply with all applicable laws and regulations and shall be governed by and construed in accordance with the laws of the Hong Kong without giving effect to conflict of laws principles;
- where an advertisement includes a competition, prize draw or similar promotion, comply with, and the competition, prize draw or promotion shall be conducted by the Advertiser, in accordance with all applicable laws and regulations, and the Advertiser shall be responsible for the provision of all prizes.
4.8 Advertisers and advertising representatives are fully responsible for the advertisement content. Upon advertisement ordering the Advertiser agrees to reimburse and compensate the Company for any court costs incurred in the event of a lawsuit that may result due to the content of the Advertiser’s advertisements.
4.9 Аdvertiser is prohibited from replacing the advertising content after passing the moderation of the advertising campaign. Substitution of links, images, tags, text, etc. in an advertising campaign is prohibited and may be the reason for the termination of cooperation with CIPIAI.5. Fraudulent Activity
It is strictly forbidden for you to employ any means, devices, or arrangements to engage in fraud, violate any applicable law, interfere with other affiliates, or falsify information in connection with the Services or exceed your permitted access to the CIPIAI website or Program. You are also prohibited from disguising (cloaking) ads with different content or landing pages, and you are prohibited from using any method or preference that results in the redirection of a user to your landing page when such user has previously chosen, through a certain action, to leave your page. CIPIAI reserves the right to ban your advertiser account, withhold your account balance, and take all necessary legal actions to remedy the damage caused by this violation. CIPIAI shall have sole discretion in determining fraudulent activity in any case.6. Suspension or Termination
6.1 This Agreement shall take effect upon your acceptance and shall remain in force until terminated by either party.
6.2 CIPIAI reserves the right, in its sole and absolute discretion, to remove/cancel/suspend/stop/terminate any Ad Campaign(s) and/or the Service(s) and/or Offer(s) and/or this Agreement at any time and for any reason.
6.3 Advertiser may cancel/suspend/stop/terminate the ads campaign and terminate present Agreement only through CIPIAI officer. Advertiser must notify its intention to cancel/suspend/stop/terminate the ads campaign and to terminate the present Agreement to CIPIAI, in writing, 48 hours before such cancellation/suspension/stop/termination takes place.
6.4 In any case of cancellation/suspension/stop/termination of an Ad Campaign/Offer and/or of this Agreement, Advertiser must remit to the CIPIAI all the revenue of CIPIAI that accrued at the time of such cancellation/suspension/stop/termination. Revenue of CIPIAI shall be paid by the Advertiser within 3 days on receipt of invoice at payment details, specified in such invoice.
6.5 This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement by you.
6.6 In any case of termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Offers, Ads and all CIPIAI intellectual property, and will cease representing yourself as a CIPIAI Advertiser for such one or more Offers.7. Data Protection and Privacy Policy
Each Party hereby represents and warrants that it is in compliance with all applicable data protection regulations applicable to the same, and that it has complied with all the terms, requirements, proceedings and regulations required to collect personal data (by whatever means), taking into account the foreseen use of the same. YOU acknowledge and accept that all personal data submitted in relation to the Agreement (or your registration in the CIPIAI Platform) will be incorporated on CIPIAI database, created with the aim to carry out the contractual relationship between the Parties, as well as to provide commercial information (by any means available, including by web-based technology), in order to complement the commercialised services. CIPIAI informs YOU of YOUR rights of access, rectification, cancellation and opposition. YOU are entitled to exercise any of these rights, by means of written notification to the following email address: info@cipiai.com.8. Limitation of Liability
8.1 The Company shall not be liable for:- any delays in any Advertising placement delivery;
- consequential damages of any nature whatsoever;
- anything affecting an Advertising placement production in the event of an act of God, network difficulties, action by any government entity, electronic malfunction or any other condition beyond the control of the Company.
8.2 No party will be liable for failure to perform or delay in performing any obligation (other than the money payment) under this Agreement if such failure or delay is due to earthquake, flood, fire, war, strike, riot, insurrection, embargo, blockade, governmental action, legal prohibition, damage, destruction or any other similar cause beyond the control of such party.
8.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.9. Indemnification
The Advertiser shall indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, assigns and successors (“the Company Parties”) against any liability, damage, loss or expense (“Losses”) incurred by or imposed upon the Company Parties in connection with any third-party claim, suit, action, demand or judgement (“Claims”). The Advertiser will not enter into any settlement or compromise of any such claim, without the Company’s prior written consent. The Advertiser agrees to reimburse promptly the Company for any sums, costs or expenses (including reasonable attorney's fees and expenses, settlement costs and disbursements) incurred by the Company in connection therewith.10. Intellectual Property
10.1 By this agreement, we grant you a non-exclusive, non-transferable, and revocable right to use CIPIAI Service and to access our website through our Service, subject to the terms and conditions of this Agreement.
10.2 You may not alter, modify, or create derivative works of CIPIAI or any of our materials. We reserve the right to revoke your licence at any time with written notice. This Agreement does not grant you any rights to CIPIAI’s trademarks, service marks, copyrights, patents, or trade secrets. You agree to provide suggestions, comments, or recommendations to CIPIAI without compensation. All rights not expressly granted are reserved by CIPIAI.
10.3 All parties hereby agree that CIPIAI does not have the authority or ability to control content made by the Webmaster or on websites where the Webmaster places ads, and therefore cannot be held responsible for any breach of third party intellectual property rights or other rights.11. Force Majeure
CIPIAI shall not be liable or responsible to the Advertiser, or deemed to have breached these terms, for any failure or delay in fulfilling or performing their obligations if and to the extent that such failure or delay is caused by acts beyond their reasonable control, such circumstances include, but are not limited to, any strike, factory closure, explosion, maritime peril, natural disaster, act by a public enemy, fire, flood, accident, war, riot, insurgence or any other similar event.12. Disclaimers
To the maximum extent allowed by law and unless otherwise specified in writing by us:- the Services and/or Platform are available on an “as is” and “as available” basis, without any warranties or representations of any kind, and we expressly disclaim all warranties and representations relating to the Services (whether express or implied), including, without limitation, any implied warranties of skill, care, diligence, quality and suitability, fitness for a particular purpose and non-infringement;
- we do not represent or warrant that the Services and/or Application is reliable, current or defect- free, meet your expectations, or that any defects will be corrected;
- we provide no warranties or assurances with respect to the (i) placement or performance of any Advertising Materials; or (ii) the number of views/clicks or conversions;
- we are not responsible for the accuracy of the information present on any of the Services and the use of the Services is at your own discretion and risk;
- CIPIAI may from time to time carry out routine and emergency maintenance of the Website and/or Platform. CIPIAI shall give the Advertiser as much notice of any routine or emergency maintenance as is reasonably possible and where reasonably possible shall endeavour to perform routine maintenance in such a way as to cause minimal disruption to the Advertiser.
13. Miscellaneous
13.1 In the event that this Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms and Conditions will remain valid and intact;
13.2 The either party’s failure to assert any right under this Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
13.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
13.4 We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
13.5 This Agreement is intended by the parties hereto as a complete and final expression of their agreement and understanding with respect to the subject matter hereof. This Agreement may not be changed or modified, or any covenant or provision hereof waived, except by an agreement in writing.