Terms and Conditions

Welcome to WeMarket LLC. (“PPC Shield“, “Company“, “our”, “we” or “us“). As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our website and online services (“Platforms“), whether registered under an account or not.

These Terms and Conditions govern your use of our Platforms located at ppcshield.io operated by PPC Shield.

Please also read our Privacy Notice, available at https://www.ppcshield.io/privacy-policy/ that governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Platforms.

Your engagement with us includes these terms of service and our privacy notice (together, the “Terms”).

BY USING OUR SERVICES, YOU AGREE TO THESE AGREEMENTS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) AGREEMENTS, YOU MAY NOT USE OUR SERVICE.

• SERVICES

PPC Shield provides monitoring, blocking and reporting services with regard to Google Ads campaigns and ad-click optimization offering a platform that prevents click fraud, namely by competitors, botnets, click farms, and other malicious code. Our Platform blocks suspicious activity and fraudulent clicks instances, allowing you to track all the processes in your admin panel in real time and provides detailed reports with saving calculations and summary for all blocked clicks (“Services“).

• ACCOUNT

In order to use our Services, you will need to register for an account with us and provide us a “manager” access to your Google Ads account. When you create an account with us, you guarantee that you are above the age of 18 and in case you are registering to the Services on behalf of a corporation or other legal entity you have full corporate power to obligate such entity, and that the information you provide us is accurate, complete, and current at all times. You may also create an account by using the “Sign in / Log / Join with Google”, with Google.

You are solely responsible for the activity that occurs under your account and for keeping your password or other authentication credentials secure and confidential.

You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account.

All Services provided by PPC Shield may be used for lawful purposes only. Note that transmission, storage or presentation of any information, data or material in violation of any federal, state or county law is strictly prohibited.

Notwithstanding anything to the contrary in these Terms, PPC Shield may temporarily suspend your access to any portion or all of the Services if: (i) PPC Shield reasonably determines that (A) there is a threat or attack on any of our Platforms or IT infrastructure; (B) you are using our Platforms or Service for fraudulent or illegal activities; (C) PPC Shield’s provision of the Services to you or any of your authorized users is prohibited by applicable law; or (D) your Google Ads account is suspended due to suspicious payment activity; (ii) any vendor of PPC Shield has suspended or terminated PPC Shield’s access to or use of any third-party services or products required to enable you to access the Services.

PPC Shield will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service suspension.

If you wish to recover your suspended PPC Shield account, submit your request via email: [email protected].

PPC Shield reserves the right to publicly acknowledge or disclose which companies/websites have created an account on the Platforms for the purposes of marketing or sales materials.

• FEES

In consideration of the provision of the Service to you, you will pay us, as of your registration to the Service, the periodic subscription Fees, in accordance with the packages, schemes, amounts, overage charges and subscription cycle you selected upon registration.

Upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you notify us, by email to [email protected] or through the admin control panel in the Platforms, that you wish to terminate your subscription. Your account and subscription will be terminated as soon as we process your request, usually within several business days.

If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us at [email protected]. 

All Fees are quoted in US Dollars, unless expressly stated otherwise and are payable by Stripe (www.stripe.com). We may require additional information from you before completing payment transactions.

All your payment obligations are non-cancelable and except when required by law, paid subscription fees are non-refundable. If you terminate your account and subscription, you are not entitled to any refund (pro-rata or otherwise), for any Fees you have paid for the terminated subscription. You are responsible for paying all Fees applicable to your subscription to the Service, whether or not you actively used, accessed or otherwise benefited from the Service.

Fee that we are unable to charge through the payment method you provided is deemed an overdue Fee. Failure to settle any overdue Fee within ten (10) calendar days of its original due date will constitute a material breach of these Terms. Without derogating from any other rights and remedies available to us under applicable law, overdue Fees will accrue interest at the rate of three-quarters of one percent (1.5%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. You will reimburse us for all legal costs and attorney fees we incur in the course of collecting your overdue Fees.

• INTELLECTUAL PROPERTY RIGHTS

Our Platforms and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Platforms of the material published thereon. 

These Terms of Use do not grant you a right to Company’s intellectual property, but only a right for personal use, limited and revocable in accordance with these Terms. And any right that has not been expressly granted to you in accordance with these Terms is reserved by the Company and its licensors. For the avoidance of doubt, no provision of the Terms constitutes a waiver of the Company’s intellectual property under any law.

The company does not claim ownership of the content you share with us through the Google Ads account, or otherwise content but will entitled to take any action necessary with regard to such content and information in order to provide the Services, including copying for backup, caching, and transfer to service providers and all other action that will be necessary at the sole discretion of the Company. 

In legal language, by providing us access to your Google Ads account or by submitting or posting content on or through the Platforms, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display such content and information for the purpose of providing you with the Services.  

• TRADEMARKS 

The Company name, and all related names, logos, product and service names, designs, and slogans belong to or are trademarks, trade names or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. 

• DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others and require that the people who use our Services do the same. We may terminate the privileges of users who infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on our Services infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Service is our General Counsel, who can be reached as follows:

WeMarket LLC.

Attn: Legal Department

16192 Coastal Highway, Lewes, Delaware 19958, USA

 

• CONFIDENTIALITY

We understand that you (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (the “Proprietary Information”).  Proprietary Information includes non-public data provided by you to PPC Shield to enable the provision of the Services. PPC Shield agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.  The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.  

• ERRORS, INACCURACIES AND OMISSIONS

PPC Shield cannot be held liable for system downtime, crashes or data loss. We are not affiliated with Google Inc. and/or their affiliates or subsidiaries.

We do not any liability whatsoever for: (i) any changes or performance regarding your Internet advertising accounts or any performance thereof; (ii) spend or cost per ad conversion that may arise as a result of using our Services; and/or (iii) the case where legitimate users may, from time to time, be blocked from seeing your ads due to implementation of the code. To the fullest extent allowable under applicable law, PPC Shield hereby expressly disclaims any and all representations and warranties of any kind with respect to the Services, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.

• DISCLAIMER OF WARRANTIES 

We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond PPC Shield’s reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  

HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

IN NO EVENT WILL PPC SHIELD OR ITS SUPPLIERS BE LIABLE TO YOU (OR ANY PERSON CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, OR (IV) LOST OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF PPC SHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SUBJECT TO AFORESAID ABOVE, THE TOTAL LIABILITY OF PPC SHIELD OR ITS SUPPLIERS, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID TO PPC SHIELD HEREUNDER IN THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT SUCH CLAIM IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

• INDEMNIFICATION

You agree to indemnify, defend and hold harmless PPC Shield and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

• SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

• GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

• NO WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Platforms or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

• WAIVER OF CLASS ACTIONS

You acknowledge and accept that claims brought against PPC Shield shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and PPC Shield, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

• WAIVER OF JURY TRIAL 

The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

• CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

• CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our platforms or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

• CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].