14th of August, 2019

General terms and conditions for the use of AdCharge mobile application

I. General information under the Electronic Commerce Act:

SF Platform – trade name, under which the Company SF Platform (“SF PLATFORM”) distributes commercial messages (advertisements). SF PLATFORM has made a substantial investment in the development of the mobile application AdCharge, Adcharge platform and documentation. SF PLATFORM is a provider of services under the Electronic Commerce Act dated December, 24th, 2006 issued by Bulgarian Parliament with all amendments and the present General Terms and Conditions, namely: legal entity providing services to the information society.

• Name of the provider of services to the information society: SF PLATFORM, entered in the Commercial Register at the Registry Agency with UIC: 204240564

• Corporate seat and registered address: 1A, Arch. Kamen Petkov Str., City of Plovdiv 4017, Plovdiv Municipality, Plovdiv District, BULGARIA.

• Supervisory authorities:

1. Personal Data Protection Commission: Address: 2, Prof. Tsvetan Lazarov Blvd., City of Sofia 1592; Information and Contacts Center – telephone: 02/91-53-555; Reception room – working hours: 9 a.m. – 5:30 p.m., e-mail: kzld@cpdp.bg, website: www.cpdp.bg;

2. Commission for Protection of Competition: 18, Vitosha Blvd., City of Sofia 1000, Bulgaria; Working hours of the Records Management with external parties: 9 a.m. – 1 p.m. and 1:30 p.m. – 4 p.m., telephones: Records Management – 02 935 61 13; Fax: 02 980 73 15.

II. Definitions:

1. “COMMERCIAL MESSAGESs”,“ADVERTISEMENTS” or “ADVERTISING MESSAGES” are advertising or other messages, which present, directly or indirectly, the goods, the services, reputation of the person carrying out commercial or craft activities or practicing a regulated profession, other kind of advertisements, not prohibited by law.

2. “HOLDER” or “Agent” shall mean a natural or legal person, who shall search for Publishers for the purpose of APPLICATION distribution and assist the cooperation between SF PLATFORM and Publishers on the terms specified by separate agreements.

3. “SUBSCRIBER”, “USER” or “You” shall mean any natural person, who actually uses the service of the Publisher and who has installed the APPLICATION on the mobile device used by him/her.

4. “ADCHARGE APPLICATION” is a mobile application, through which the Subscriber/User is given an option to receive commercial messages on the mobile devices used by him/her, hereinafter referred to as the “APPLICATION”.

5. “PUBLISHER” shall be understood as natural or legal persons, including, but not limited, telecommunication companies, mobile operators (MNO, MVNO, cross platform etc.), Application Owners etc. (“hereinafter referred to as the “Publisher”). Publisher provides the Services according to which Subscriber/User can receive commercial messages through the APPLICATION on the mobile devices used by him/her. The form of business cooperation between SF PLATFORM and Publisher shall be defined in separate agreements, signed between SF PLATFORM and respective Publisher.

III. Acceptance of the General Terms and Conditions

1. SF PLATFORM provides and you agree to receive advertisements, representing requested commercial messages, through the APPLICATION on the mobile devices used by you.

2. The access and the use by you of the APPLICATION shall be governed by the applicable legislation and these General Terms and Conditions, including the relevant amendments made from time to time. Please read these General Terms and Conditions carefully. During your registration process inside the APPLICATION, you have a checkbox for agreeing with the Terms. By choosing a checkbox, you accept these General Terms and Conditions. From that moment all the commercial messages, the areas of which were chosen by you, received on your mobile device will be considered as requested commercial messages.

3. In case you have agreed to the General Terms and Conditions for the use of the APPLICATION and wish to proceed with the registration, you will be asked to fill out the following fields with your personal data: “gender”, “age”, “place of residence”, as well as to give your consent the APPLICATION to access your current location by using a GPS signal or Wi-Fi connection and to use your phone number for the purposes of the APPLICATION activation. During the registration process you are obliged to provide accurate and current data. SF PLATFORM shall not bear the responsibility for the accurateness of data, provided by you.

4. In the next stage of registration you will be asked to select at least two of your areas of interest, for which you wish to receive commercial messages with priority. You have the right at any time to change the stated areas of interest, for which you wish to receive advertising messages, to expand them without restriction and to limit them to not less than two areas. In case you don’t choose any areas of interest, all the commercial messages available at this geo will be served to you.

4.1. By filling out the above data and choosing a checkbox, SF PLATFORM is sending an SMS for verification to your mobile. After the input of the code, your registration in the APPLICATION will be completed successfully. With this you declare that you have acquainted yourself with these General Terms and Conditions and Privacy Policy https://adcharge.eu/privacy-policy/ (hereinafter “Privacy Policy”), that you agree with their content and that you agree to comply with them unconditionally.

4.2. Upon the completion of your registration on the display of the mobile device will be displayed the following inscription: “Your registration was successful!”. As of this moment it will be considered that there are contractual relations between you, as a Subscriber or User to the APPLICATION, and between SF PLATFORM.

5. From the moment of confirmation of a registration under item 4.2 hereof, you, as a Subscriber or User of the AdCharge mobile application, will receive commercial messages.

6. In case the Subscriber or User is an underage person (under 18), SF PLATFORM may terminate the Subscriber’s/ User’s access to the account at any time without restrictions.

7. With a view to the periodic additions and modifications of the services, their improvement and expansion, as well as in relation to possible legislative changes that affect them, the General Terms and Conditions, Privacy Policy may be changed unilaterally by SF PLATFORM. These changes can be done upon any change of the type, nature or technology of the services provided, upon termination of the provision of certain services, as well as upon any change in the economic conditions etc.

8. These General Terms and Conditions are reliable at the time of its publication and can be changed over time. Any changes made in General Terms and Conditions in the future can be placed on this web page without prior notice. SF PLATFORM advises that you check this page regularly to keep yourself informed about any updates.

9. The present General Terms and Conditions, as well as any future changes therein, will apply to the existing registered Subscribers/Users as of the date of their entry into effect. If Subscriber/User doesn’t agree with the changes to the General Terms and Conditions, he/she has to stop using the APPLICATION, deactivate the account and/or uninstall it immediately from its mobile device.

10. If the Subscriber/User deactivates its account or uninstalls the APPLICATION due to any reason, such account may be resumed upon Subscriber’s/User’s request during 30 calendar days from the deactivation/uninstallation date. Please be advised that the data provided by you upon registration  becomes depersonalized from the 31st day from the day of your account was deactivated or Application became uninstalled. Such depersonalized data can be stored by SF PLATFORM for its internal statistic purposes according to the Privacy Policy terms.

11. Policy for protection of personal data. SF PLATFORM receives and/or collects and processes the basic data provided by you in compliance with the Bulgarian legislation and the legislation of the European Union and only for the purposes specified in these General Terms and Conditions.

12. The provision of personal data is voluntary. However, be informed that without the provision of specific details, you cannot receive commercial messages from us.

13. SF PLATFORM does not entrust, sell, lease, license, transfer, etc. the available database containing personal data of its subscribers/users, except as stated in these General Terms and Conditions and Privacy Policy.

14. SF PLATFORM takes measures to protect your personal data pursuant to the Personal Data Protection Act. By accepting the present General Terms and Conditions you agree that SF PLATFORM may process your personal data in accordance with our document – Privacy Policy https://adcharge.eu/privacy-policy/

15. Subscribers will have access to the information provided by him/her, where he/she will be able to correct and update the personal data stored by SF PLATFORM.

16. SF PLATFORM takes due care for the collection, processing and storage of your personal data in strict compliance with the provisions of the Personal Data Protection Act.

17. In the registration form filled by you there is a clear indication of the mandatory or voluntary nature of the provision of data, as well as the consequences of the refusal to provide them. By agreeing to these General Terms and Conditions, you agree that your information will be processed in the manner provided therein.

18. SF PLATFORM undertakes the obligation not to disclose your personal information and not to provide the collected information to third parties except in the cases, when:
18.1. The information has been required by state authorities or officials, which according to the current legislation are entitled to demand and collect such information pursuant to the statutory procedures;
18.2. In other cases stipulated by the law.

19. SF PLATFORM provides advertising messages to your mobile device as follows:

19.1. When you receive an incoming call the AdCharge mobile application visualizes advertisement material on the display of your mobile device during the call without covering and limiting the functionalities of the device. During the call (a small non-clickable ad preview) and 10 seconds after it has finished (a full screen clickable creative) the AdCharge mobile application displays the advertisement material through the display of the mobile device while keeping active all system buttons – you can end the conversation, mute the device, use the speakerphone, transfer the call onto another phone number, etc. During the time of visualization of the advertisement material, you have the option to reject watching the advertisement material for this product or service or to learn more by following a link which forwards to the landing page of the advertiser with more information;
Every advertising message complies with the areas of interest of the Subscriber/User.

19.2. The advertisement provided by SF PLATFORM complies with the areas of interest entered by you during your registration.

20. The Subscriber/User may obtain information about the activation of a specific bonus package for the free services provided to them (if any) and about the conditions and the duration of use on the website specified through the APPLICATION or at the relevant website of the Publisher.

21. SF PLATFORM may at its sole discretion suspend or limit the distribution of commercial messages, as well as refer to the competent state authorities, if according to its sole discretion the Subscriber/User violates the provisions of the current Bulgarian legislation or the legislation of the other country, these General Terms and Conditions or the rights and the legitimate interests of third parties. At any time and without notice SF PLATFORM will have the right to suspend the access of the Subscriber/User to the APPLICATION or to any content of the commercial messages, which such Subscriber/User has chosen to obtain, that contradict to the current Bulgarian legislation or legislation of the other country, these General Terms and Conditions or the rights and the legitimate interests of third parties, including but not limited to intellectual property rights.

22. Upon receipt of an order of the competent state bodies concerning the content of the commercial messages or the content of the APPLICATION, installed on the Subscriber’s /User’s mobile device, SF PLATFORM will have the right, without prior notice, to suspend the access to such content or to perform other actions in accordance with the received order.

23. SF PLATFORM has the right in its sole discretion and without notice to disactivate the access to the account of the Subscriber/User, in the event that the Subscriber/User violates the provisions of the Bulgarian legislation, legislation of other countries, these General Terms and Conditions, Privacy Policy and/or the rights and the legitimate interests of third parties. In these cases, SF PLATFORM may without any liability cancel your registration, suspend the provision of services and delete all content from its servers.

24. In case SF PLATFORM obtains information that provides reasonable grounds to assume that the behavior of the Subscriber/User during the use of the APPLICATION could constitute a crime or administrative offense, SF PLATFORM will have the right at its sole discretion to approach the competent state authorities and to provide them the necessary assistance and all necessary information and materials, required in the proper manner, which at the discretion of the relevant authority would help to identify the perpetrator and to prove the committed crime or administrative offense.

25. SF PLATFORM will not be responsible for any damages or loss of profits incurred by Subscriber/User or third parties due to suspension, modification or limitation of the services provided, suspension or partial restriction of the access to their accounts or provision of information or execution of an order by competent state authorities made in accordance with the present General Terms and Conditions.

26. SF PLATFORM may temporarily restrict or suspend the provision of commercial messages with the purpose to increase the quality or to perform necessary maintenance or any other related activities. After the elimination of the relevant circumstance, which is the reason for the suspension, SF PLATFORM shall promptly continue the provision of the commercial messages.

27. The Subscribers/Users declare that they will use the APPLICATION in good faith and in accordance with the intended purpose and undertake the obligation not to use the service in conflict with the applicable law.

28. The Subscriber/User has the right at any time to stop using the APPLICATION by uninstalling the APPLICATION or deactivating Subscriber’s/User’s account using ‘deactivate your account’ button.

29. The present General Terms and Conditions shall be terminated along with the termination of APPLICATION project, at the discretion of SF PLATFORM.

30. SF PLATFORM has the right, at its sole discretion and without giving prior notice, to terminate the access to APPLICATION, respectively to stop the dissemination of the commercial messages in case it establishes that these messages are used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria or the legislation of the other country, the rights and the legitimate interests of third parties, including but not limited to intellectual property rights.

31. SF PLATFORM has the right at any time and on any grounds whatsoever to immediately stop the access to any account, to terminate any registration and to delete from its servers all content, considering Privacy Policy terms. In this case SF PLATFORM will not be responsible for any damages or lost profits suffered by Subscriber/User or third parties as a consequence of the suspension of access to an account, the termination of a registration, the deletion of content from its servers, as well as because of the provision of information or execution of an order of the competent state authorities.

32. In the event of suspension of the advertising messages on any grounds, the additional bonus package of free services will be deactivated automatically. If the Subscriber/User wishes to continue using these services he/she shall contact the Publisher and ask about the prices and the terms under which he/she can continue to use the services of the additional bonus package.

33. SF PLATFORM may contact you by e-mail or telephone. All email accounts related to the domain adcharge.eu. SF PLATFORM can also provide you with information through the APPLICATION or by publishing information on the website https://adcharge.eu/

33.1. All your notices to SF PLATFORM must be sent by ordinary mail or by e-mail to info@adcharge.eu

33.2. SF PLATFORM can send individual notice to you by e-mail or at the mailing address that you have provided and in case of a general notice to all – by publishing information through the APPLICATION in the appropriate manner. In the case of publication of information on the website or through the APPLICATION, it will be considered that you have been duly notified on the date of the publication.

33.3. In order to prove the provision of any kind of notice the following will be sufficient: in the case of a letter – to prove that such letter has been properly addressed, that all postage stamps have been placed and that it has been sent by mail; in the case of e-mail – to prove that this e-mail has been sent to the relevant e-mail address; in case of publication of information through the APPLICATION – to prove that this information has been provided in the appropriate manner, taking into account the content of the information.

33.4. The applicable laws require part of the communication that SF PLATFORM is sending to be in writing. When using the APPLICATION, you accept that the communication with SF PLATFORM will be mainly electronic. For contractual purposes, you agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that SF PLATFORM has provided electronically comply with the legal requirements for written form. SF PLATFORM and you further agree in our mutual relations to recognize the validity of electronic signatures as a communication in writing with a handwritten signature in accordance with the applicable law, as well as any information in electronic form, added or logically associated with an electronic statement, including use of a specific profile, unless the applicable law does not limit such recognition.

34. If you have questions or complaints about our General Terms and Conditions or a problem with the use of the APPLICATION, you can contact us through the contacts provided in the APPLICATION.

35. Unless otherwise stated, the APPLICATION, including all content therein, such as design, texts, graphics, logos, images, videos and other materials associated with it, are protected by copyright and by other applicable laws on intellectual and industrial property. SF PLATFORM is the only owner (or the licensor) of all intellectual and industrial property and other property rights in respect of the APPLICATION. All such rights are reserved.

36. Any publication of information concerning APPLICATION made by you or a Holder does not constitute a waiver of SF PLATFORM of any of the rights in connection with the APPLICATION. Unless expressly stated in these General Terms and Conditions, you will not acquire any rights and claims of ownership or title to or in connection with the APPLICATION.

37. The software used for the APPLICATION is owned by SF PLATFORM and/or any of its subsidiaries. All contents, compilations and software are protected by the applicable copyright laws and intellectual property protection. Any other use, including reproduction, modification, distribution, transmission, broadcast, display or presentation of the contents of this APPLICATION are not permitted without written consent of SF PLATFORM.

38. By accepting these General Terms and Conditions, you declare that the use of the services will be entirely at your own risk and responsibility and agree that SF PLATFORM will not be responsible for any damages caused during the use of the APPLICATION.

39. SF PLATFORM declares that the dissemination of commercial messages is implemented in full compliance with the existing legislation and SF PLATFORM will not be responsible, if the content of the messages is used by persons, who stated false information during the registration or who gained access to the mobile device.

40. SF PLATFORM will not be responsible for suspension of the dissemination of advertising messages in the event of circumstances beyond its control – in cases of force majeure, fortuitous events, problems in the global Internet network and in the provision of services beyond its control, problems due to your equipment, as well as in case of unauthorized access or third party intervention in the functioning of our information system or servers.

41. SF PLATFORM will not be responsible for damages caused to your mobile device or software or for any loss of data arising from materials or resources searched, loaded or used in any way through the APPLICATION.

42. SF PLATFORM will not be liable to you or third parties for the advertisements/commercial messages content received by you. The advertiser is the only responsible for the content of the advertisements/commercial messages, received by the Subscriber/User. Advertiser is solely responsible for all: (i) Contents generated by or for 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/or (iii) Advertiser services. SF PLATFORM will not be responsible for damages and lost profits incurred due to termination, suspension, modification or limitation of the provision of commercial messages, as well as removal, return, non-receipt, modification, loss, inaccuracy or insufficiency of information, made available to you through the APPLICATION and commercial messages.

43. SF PLATFORM will not be responsible in case of failure to submit commercial messages or in case of providing those with poor quality, as a result of tests performed by SF PLATFORM with the purpose to check equipment, connections, networks, etc., as well as tests aimed at the improvement or the optimization of the services provided.

44. By accepting these General Terms and Conditions you declare that you realize the possibility of potential interruptions and other difficulties during the use of the APPLICATION, which can occur regardless of the care of SF PLATFORM. You declare that you will not claim any compensation from SF PLATFORM for lost profits, damage or inconvenience due to the occurrence of the abovementioned interruptions or difficulties during the use of the services.

45. SF PLATFORM will not be responsible and will not owe compensation to any Subscriber/User, whose personal data have been used by another person for the receipt of advertising messages.

46. You agree that you will be liable to SF PLATFORM for damages associated with or arising from your violation of these General Terms and Conditions and agree to indemnify SF PLATFORM and protect our company from liability and against any claims or actions of third parties relating to or arising from your violation of the present General Terms and Conditions and relevant legislation.

47. The rights and obligations arising from our management and your access and use of the APPLICATION bind you and us, as well as our respective successors and assignees. Unless otherwise required by the applicable law, you cannot transfer, assign or dispose of any rights or obligations without our prior written consent. We have the right at any time to transfer, assign or otherwise dispose of the management of the APPLICATION or parts thereof, or of any our rights or obligations arising therefrom, in which case we will not be exempted from liability for fulfillment of our obligations to you and the party, to which such relations are transferred.

48. If a court or a competent authority decides that any provision of these General Terms and Condition is invalid, void or unenforceable under the applicable law, such provision shall be amended and interpreted so as to best achieve the objectives of the original provision to the fullest extent permitted by law. The remaining provisions shall remain in full force and effect.

49. These General Terms and Conditions contain all the arrangements between you and SF PLATFORM regarding the use of the APPLICATION. Warranties or representations, oral or written, not contained in these General Terms and Conditions will not be binding, both for you and for SF PLATFORM.

50. This General Terms and Conditions are governed by the law of the Republic of Bulgaria.

51. All disputes arising from these General Terms and Conditions or related to them, including disputes arising from or concerning their interpretation, invalidity, performance or termination, as well as disputes in connection with the filling of gaps therein or their adaptation to new circumstances, will be resolved by the by the Arbitration court by the Association for development of the law in the town of Plovdiv, according to its Regulations for lawsuits based on arbitration agreements. The current arbitration clause does not hinder the parties in the contract to bring the case to the competent state courts in Bulgaria. In this case the courts in Plovdiv have international competence. It is left to the choice of the claimant to which of these courts they will refer the dispute.

52. The present General Terms and Conditions shall enter into force on the date of its publication or update on the https://adcharge.eu/terms/