Terms & conditions

_Welcome to Dropispy!_ _This site is published by GDK Sàrl, with a capital of 20,000 CHF, having its registered office in Geneva and registered in the Geneva Trade Register under the identification number CHE-367.113.550._ _These terms and conditions outline the rules and regulations for the use of Dropispy's Website, located at dropispy.com. By accessing this Website, we assume you accept these terms and conditions._ _We reserve the right, in our sole discretion, to revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version._ _The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this Website and compliant to the Company’s terms and conditions. "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves_. ### 1. DESCRIPTION OF THE SERVICE AND WEBSITE Dropispy, is the owner or licensee of the Dropispy platform. Dropispy is a software as a service (SaaS) that makes available on its platform millions of ads from social networks. A market intelligence solution that enables to spy on ads worldwide. Dropispy is the first ad spy tool that has established a connection between ads/products/websites. ### 2. COOKIES We employ the use of cookies. By accessing Dropispy, you agreed to use cookies in agreement with the Dropispy's Privacy Policy. Most interactive Websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies. ### 3. INTELLECTUAL PROPERTY Unless otherwise stated, Dropispy and/or its licensors own the intellectual property rights for all material (data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description) on Dropispy. All intellectual property rights are reserved. You may access this from Dropispy for your own personal use subjected to restrictions set in these terms and conditions. You must not: - Republish material from Dropispy. - Sell, rent or sub-license material from Dropispy. - Reproduce, duplicate or copy material from Dropispy. - Redistribute content from Dropispy. ### 4. ACCOUNT REGISTRATION In order to access or use certain features of the services you will be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process and at other times when you use the Services and to update such information to keep it accurate, current and complete. We reserve the right in our sole discretion to refuse to keep Accounts for, or provide services to, any individual. We reserve the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current, incomplete or fraudulent. ### 5. PERSONAL INFORMATION As part of the registration process, you will indicate your e-mail, password and nationality. You agree to provide accurate and current information about your nationality. Your e-mail and password are personal to you and you may not allow any others person(s) to use your user name or password under any circumstances. We are not responsible for any harm caused or related to the theft or misappropriation of your e-mail or password, disclosure of your e-mail or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your e-mail or password. Finally, you are aware that we can delete your account if it seems false or suspicious and without any justification on our part. ### 6. LIMITATIONS OF LIABILITY You acknowledge that it would be unreasonable to hold us liable in respect of this Website and the information on this Website. Whilst we endeavor to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on this Website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our Website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. Eventually, through dropispy.com you are able to link to other Websites which are not under our control. We have no control over the nature, content, and availability of those Websitess. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. ### 7. POTENTIAL PROBLEMS It can happen that our administrators improve the development of the Website, so the database is no longer fed for 24-48 hours. Following these hours, all data collected will be accessible on the Website. Be careful, it is possible that some links, some videos may be broken. Also, please note that some links redirect to an ad that is either no longer available or not publicly visible. That's why some links seem dead, but it is not the case. Finally, you are aware that Dropispy can have server failures and not be powered for 3 to 4 weeks maximum. ### 8. PRICE The prices of the subscriptions are indicated in euros all taxes included. We reserve the right to modify our prices at any time. The telecommunication costs necessary to access the Dropispy's Websites are at your expense. ### 9. PAYMENT The payment is immediately after the order. The secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted and cannot be read during transport on the network. Once the payment is launched, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by the card is irrevocable. By communicating your banking information at the time of the sale, you authorize us to debit your card for the amount relating to the price indicated. You confirm that you are the legal holder of the card to be debited and that you are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately canceled. ### 10. BILLING You agree to pay all applicable fees and taxes incurred by you in connection with the use of our services. After any payment, you will be able to download an invoice in your user settings (https://dropispy.com/user). It is your responsibility to provide us with your correct and up-to-date personal information in order to ensure that the invoice is correct. If the information we have collected from you is inaccurate it will result in an incorrect invoice. You will be fully and solely responsible for this. We may change existing fees and taxes or add new ones from time to time, but we will notify you in advance. ### 11. AVAILABLE PLANS Several plans are available. If you register on the platform without having chosen a plan beforehand, you will automatically be on a free plan. The free plan allows you to discover the platform and its functionalities. Please note that restrictions of use apply to this plan. These restrictions may take the form of a time limit (7 days, 14 days, 30 days, etc.) or a lock on certain features (the latest announcements, some filters or sections of the tool). We can at any time modify, harden, shape these restrictions but you will be informed if they concern you. At any time, you can change your plan by going to your user settings. Two paid plans are available on the platform: the Premium plan and the Business plan. These two plans allow you to fully use the features of the tool. Be careful though because you are limited in the number of "credits" (see the chapter below). The only difference between the two paid plans is the number of credits available and the access to the API included in the Business plan. Both the Premium and Business plans are available as a monthly or annual subscription. ### 12. NOTION OF CREDITS Since 25/11/2020, the notion of "credit" has appeared on the platform. With the exception of the free plan, the Premium plan and the Business plan contain a limited amount of credit. These credits are distributed either every month or every year depending on whether you have opted for the monthly or annual subscription. When the number of your credits is non-zero you can use the platform and its features included in your plan. When your credits are depleted you can either wait for the renewal of your credits during your next period or buy additional credits to continue using the tool. The notion of credit is specific to Dropispy. Credits are consumed when using the tool. For example, when a request is made, when scrolling through the ads, or when a detail page is viewed. We reserve the right to modify, decrease, or increase the number of credits consumed when using the tool. The notion of credit can, evolve or disappear according to our only will and without prior information from us. In each plan paying a number of credits is defined, it can evolve positively or negatively over the months. You will be informed in advance if this evolution concerns you. ### 13. START OF SUBSCRIPTION If you choose to purchase one of our paid subscriptions, the term of your subscription will begin once we have confirmed your payment of fees in accordance with the payment instructions on the website. At that time, you will have access to the Platform with the updated features described on the Website for the relevant subscription. ### 14. SUBSCRIPTION TERMINATION At any time, you can cancel your subscription to end any future payments. After cancelling your subscription, you will be able to access Dropispy until the end of your current period (monthly or yearly). For example : - If you have an annual subscription and you cancel it 4 months after your initial payment, you will have access to the tool and all the features included in your plan for the next 8 months. - If you have a monthly subscription and you cancel it 20 days after your initial payment, you will have access to the tool and all the features included in your plan for the next 10 days. If you cancel your subscription before the end date of your period and no longer wish to use the tool, we will not refund you for the remaining days of your billing period or your remaining "credits". These remaining "credits" will be lost. ### 15. AUTOMATIC RENEWAL Depending on the type of subscription you have, either monthly or yearly, your subscription is renewed every 30 days or every year (365 days). To avoid being billed again on the renewal date, make sure you cancel your subscription at least 24 hours in advance. You agree that if you no longer require the Service, it is your responsibility to cancel your subscription. We will not be liable if you forget to cancel your subscription. ### 16. REFUND POLICY You are fully informed that Swiss law does not provide for any withdrawal period for e-commerce. That is to say that all paid services offered by Dropispy are non retractable and irrevocable, so that we do not make any refund once the order is completed. We therefore encourage you to read the general conditions carefully before making a purchase. - As soon as you register on Dropispy, you automatically have the possibility to test and judge the features of the tool via a free plan. This way, you know what to expect before making a purchase. For this, we do not offer refunds. - By making a purchase on our website, it means that you have read the general terms and conditions and that you fully accept them. In rare cases, we accept refund requests for new users within 24 hours of their first purchase*. *Please note that : - First purchase means the initial payment with an identified account, and does not include the monthly renewal, or plan upgrade. - You will need to provide us with detailed and justified reasons for the refund. - We do not reimburse in case of non-use, dissatisfaction or forgotten cancellations. ### 17. SERVICE UPDATES From time to time, additional products and services may be available to you for additional fees. The details of such offers will be published on our Website. We reserve the right to modify, terminate or otherwise amend our offered services at any time in our sole discretion. ### 18. HYPERLINKING TO OUR CONTENT The following organizations may link to our Website without prior written approval: - Government agencies. - Search engines. - News organizations. - Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses. - System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website. These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s Website. We may consider and approve other link requests from any Website/organization/companies etc. If there is a prior approval, these Websites/organizations/companies may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s Website. If you are interested in linking to our Website, you must inform us by sending an e-mail to contact@dropispy.com. Please include your name, your organization name, contact information as well as the URL of your Website, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our Website to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows: - By use of our corporate name. - By use of the uniform resource locator being linked to. - By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s Website. No use of Dropispy's logo or other artwork will be allowed for linking absent a trademark license agreement. ### 19. IFRAMES Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. ### 20. CONTENT LIABILITY We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. ### 21. RESERVATION OF RIGHTS We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. ### 22. PRIVACY POLICY Please read our Privacy Policy. ### 23. REMOVAL OF LINKS FROM OUR WEBSITE If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly. ### 24. DISCLAIMER To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will : - Limit or exclude our or your liability for death or personal injury. - Limit or exclude our or your liability for fraud or fraudulent misrepresentation. - Limit any of our or your liabilities in any way that is not permitted under applicable law. - Exclude any of our or your liabilities that may not be excluded under applicable law. We assume no responsibility for harm caused to your computer or software from interacting with this Website or its contents. You assume all risk of viruses, worms, or other corrupting factors. You download information from this Website at your own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. ### 25. FORCE MAJEURE The execution of our obligations is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the execution of our obligations. We will notify you of the occurrence of such an event as soon as possible. ### 26. APPLICABLE LAW AND CLAUSES All the clauses in these general terms and conditions of sale, as well as all the clauses in the purchase and sale transactions referred to therein shall be subject to Swiss law. The nullity of a contractual clause does not entail the nullity of these general conditions. ### 27. CLAIMS AND MEDIATION If necessary, you can submit any complaint by contacting us by means of our e-mail: contact@dropispy.com. For the resolution of disputes, the Swiss Code of Civil Procedure provides that you can have recourse to a consumer ombudsman. In the event of unsuccessful claims with our customer service, or in the absence of a reply within two months, you may submit the dispute to an external ombudsman who will make an independent attempt to bring the parties together with a view to reaching an amicable solution. ### 28. DISPUTES As part of the consideration that the Website requires for viewing, using or interacting with this Website, you agree to use binding mediation for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. Mediation shall be conducted pursuant to the rules of the Mediation Association that we have chosen which are in effect on the date a dispute. In no case, you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to the mediation; the mediation's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute mediation, including attorney fees, collection fees, investigation fees, travel expenses. ### 29. JURISDICTION AND VENUE If any matter concerning a purchase shall be brought before a court of law, pre- or post-mediation, you agree to that the sole and proper jurisdiction to be the state and city declared in the contact information of the Web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address. ### 30. ENTIRE AGREEMENT These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website ### 31. CUSTOMER SERVICE For any request for information, clarification, or any complaint, you must first contact us to allow us to find a solution to the request. Our customer service is accessible using the following e-mail: [contact@dropispy.com](mailto:contact@dropispy.com) <!--stackedit_data: eyJoaXN0b3J5IjpbMTEzNTUxNjMxNSwyNjAxMDE1MzcsMjA2OD c3MDE1NywxNzk5NjY2MjA0LDM5Nzc3NDQ4MCwtMTYxNzc3NjQ2 OSwxNDAyOTY1Nzk2LC0xNjc3NzcyNTczLC0xOTAzMjM3NDIxLD UyNjExNzcyNCwtMTkwMDM5MDM2MSw2NTU2NTA5MjIsLTE3OTQ0 NzQ2NTIsMTAwMDYyMzY0MCwxMjMxNDc0MDkwLDEwMDA2MjM2ND AsMTE2MzgxODEzNywtMTAwMjQ2NDc0N119 -->