KADAM USER AGREEMENT

Latest version: 10/01/2024

General

Please read this User Agreement carefully before using the Kadam (hereinafter, the “Service”). This Agreement is an official public offer and is addressed to persons who use the Service.

The public offer comes from Kadam Advertising Ltd, incorporated and acting under the laws of the Republic of Cyprus, address: Troizinos 4A, 3045, Limassol, Republic of Cyprus and is subject to the law of the Republic of Cyprus.

For convenience, the Agreement refers to the following:

  • Kadam Advertising Ltd is referred to as “Kadam,” “the Company,” or “We”;
  • Persons using the Service are referred to as “User,” “Users,” or “You”;
  • Kadam Advertising Ltd and persons who use the Service are referred to separately as a “Party” and collectively as the “Parties”;
  • The User Agreement is referred to as the “Agreement.”

If you use this Service, you agree to comply with all the terms and conditions of the Agreement. If you do not fully agree or only partially agree to the Agreement, you must immediately stop using the Service. You confirm that you are of legal age and have fully read and accept all the terms and conditions of the Agreement without any reservations or exclusions when you perform any actions using the Service. If any changes are made to this Agreement, you agree to the modified Agreement by continuing to use the Service.

The User has no right to use the Service in he or she disagrees with any of the provisions of this Agreement.

You confirm your legal faculty and acceptance of the terms and conditions of the Agreement when you begin using the Service or go through the registration procedure. Registration on the Website is considered full and unconditional acceptance (agreement leading to the conclusion of the contract) with all the provisions of the Agreement. The phrase “all provisions of the Agreement” also includes all additional terms posted on the Company's website or between the Parties, policies regarding the services provided to you, additional features of the Service, and privacy policy, which are considered integral parts of this Agreement.

1. Terminology

1.1. “Advance Payment” means services are paid for before they are executed, and the funds are reflected on the Advertiser’s Account balance.

1.2. “Audience” means a group of website visitors, which may be the advertiser’s assumed target audience.

1.3. “Showcase of offers” refers to a tool in the Service that allows you to view all existing offers from other owners and also quickly create advertising campaigns based on them.

1.4. “Internet resource” or “Website” means the collection of tools and electronic (digital) information designed for the publication of ads on the Internet and displayed in a specific text, graphics, or audio form. An Internet resource has a unique electronic address (name) that allows you to identify and access it.

1.5. “Traffic source” means the information channel connected to the Service that the audience uses to visit the advertiser's website.

1.6. “Ad/Advertising/Advertisement” means the distribution (in any form or way) of information about a person, product, and/or service with the intention of generating or maintaining consumers’ awareness and interest in that person, product, and/or service, in accordance with Section 6 of this Agreement as well as the law of the Republic of Cyprus.

1.7. “User” refers to an individual who is legally capable (according to the current law of the Republic of Cyprus as well as that of the country of which he or she is a resident) and registers and acts in the manner specified by this Agreement after fully accepting all of its terms and conditions.

1.8. “Visitor” means a person who visits Kadam Website without creating an Account.

1.9. “Publisher” is a legal entity or individual that owns or provides advertising space on the Internet offered for display of Advertiser’s Advertisements when using the Service.

1.10. “Advertiser” means a legal entity or individual that wishes to conduct, is currently conducting or has conducted an Advertising Campaign when using the Service.

1.11. “Advertising Campaign” means a purposeful system of advertising events planned within the framework of the Service in order to achieve the specific marketing goal of the advertiser within a specified period of time.

1.12. “KSA Advertising Campaign” or “KSA campaign” means the advertising campaign which useful actions connected to the posted advertisement are paid for.

1.13. “Service” means a software and hardware complex owned by the Company that sends and receives publication information from a User when creating advertising announcements and recording the Parties’ fulfillment of their mutual obligations.

1.14. “User Account,” “Account,” or “Personal Account” means a set of data about a User, which is stored in the Service and is necessary for identifying the User; it also refers to the web interface provided to the User (during their use of the Service) that grants them access to their personal data and settings. An account is created as a result of the User’s registration.

1.15. “Remuneration” / “Publisher’s Remuneration” means the funds which are paid to the Publisher for placing the Advertisement on its Website.

2. Subject matter of the user agreement

2.1. The Company provides the User with the opportunity to use the Service and Website, which is accessed at the domain name (address) my.kadam.net. This Agreement also regulates the use of tools to conduct Advertising Campaigns or place Advertisements. The User gains access to these tools by accessing the Service.

2.2. When you merely browse our Website as a Visitor, you may familiarize yourself with information publicly available on the Company’s Website. However, you will need to register an Account to get access to our services.

2.3. Once you signed up with the Service, you may access and use the tools offered via the Service, namely:

  • Advertisers may use the Service’s tools for conducting Advertising Campaigns or placing Advertisements;
  • Publishers may use the Service’s tools for offering ad space on their resources and placing Advertisements.

2.4. The Agreement can be changed by the Company without any prior notification. The new version of the Agreement comes into force from the moment it is posted on the Internet. The User is obliged to review this Agreement periodically for updates, and if they disagree with any new term in this Agreement, they are to stop using the Service immediately.

2.5. The Service and the Company’s services are only available to individuals who are legally capable under the current law of the Republic of Cyprus, as well as under the law of the country of which the individual is a resident. If you are not legally capable of signing contracts, please do not attempt to register or use the Service.

2.6. The Company reserves the right at its discretion to amend the scope of the services, discontinue, or temporarily suspend the Service, as well as modify, adapt, improve, or enhance the Service at any time without prior notice. Any updates or changes will be deemed part of the Services and subject to this Agreement.

3. Rights and obligations of the parties

3.1. The company is entitled to:

3.1.1. make changes and/or additions to the terms and conditions hereof and any additional conditions unilaterally without any special notification to Users regarding such changes and/or additions, provided that the new version of the Agreement is posted on the Service and a notification of changes/additions to the terms and conditions is published on the main page of the Service’s website;

3.1.2. cease or suspend the functioning of the Service or any of its parts, change all or parts of the Service without notifying the User in advance, and make changes to information on the Company published in the Service;

3.1.3. carry out work to maintain and improve the performance of the Service;

3.1.4. establish and/or change the price of services unilaterally at its discretion by publishing a new price on the Service;

3.1.5. change the list of services or terminate the provision of a service on the website;

3.1.6. collect and organize data for statistics;

3.1.7. send e-mails and/or text messages to the User with information about the Service, the Company's services, advertising, etc.;

3.1.8. use the User's advertisements, related content, and information for its own marketing or advertising purposes;

3.1.9. deduct the Advertiser’s Advance Payment as a penalty for violating this Agreement in the cases established herein; and

3.1.10. send a warning to the User to restrict or suspend their access to the Account, restrict or disallow their access to the Service, or take technical and legal measures to ensure that the User may not use the Service in the event of:

і. obligations pursuant to a binding decision by regulatory authorities;

іі. identification of a violation of the terms and conditions of this Agreement and/or the requirements of the current law by the User;

ііі. User actions that result or may potentially result in damage to the Company's business reputation;

іv. clauses 4.14 through 4.19 of this Agreement.

3.2. The User is entitled to:

3.2.1. make requests and/or suggestions for improving the Service’s performance for the Company’s consideration;

3.2.2. receive information about the Company in the volume determined by the Agreement and the current law of the Republic of Cyprus;

3.2.3. contact the Support Team when necessary, as well as in cases specified in this Agreement; and

3.2.4. receive services and use the Service under the terms and conditions of this Agreement.

3.3. The User is prohibited from:

3.3.1. uploading, sending, transmitting, or, in any other way, posting and/or distributing content violating the requirements of Section 5 hereof;

3.3.2. violating the rights of third parties, including minors, and/or harming them in any form;

3.3.3. impersonating another person or a representative of the organization and/or community without sufficient rights, including impersonating Kadam's employees, forum moderators, or the owner of the Website, using any other forms and methods of illegal representation of others in the network, and/or deceiving other Users or the Company regarding the characteristics of any subject or object;

3.3.4. uploading, sending, transmitting, posting, and/or distributing content without obtaining the rights to perform such actions pursuant to current law or any contractual relationships;

3.3.5. downloading, sending, transmitting, and/or distributing advertisement information without a legal basis, spam (including those engaging a search engine), a list of e-mail addresses (provided that the addresses do not belong to the User), financial pyramid schemes, and multi-level (network) marketing (MLM); using the Service to participate in such events; and/or using the Service to redirect the audience to pages of other domains;

3.3.6. uploading, sending, transmitting, and/or distributing any content that contains viruses or other pieces of computer code, files, or programs designed to violate, destroy, or limit the functionality of any computer or telecommunication equipment, provide unauthorized access and/or serial numbers to commercial software products, and/or generate logins, passwords, and other means for obtaining unauthorized access to sites on the Internet and/or any links to the aforementioned information;

3.3.7. performing the unauthorized collection and storage of personal data of individuals;

3.3.8. violating the regular operation of the Service;

3.3.9. promoting actions related to the violation of the restrictions and prohibitions specified in this Agreement;

3.3.10. making public statements about their relationship with Kadam without the prior written consent of the Company;

3.3.11. violating the provisions of legal acts, including international law in any other way; and

3.3.12. significantly changing the cost per action for advertising campaigns of the KSA model from the originally set price and/or disabling the transfer of conversions to the Company’s statistics. If this rule is violated, the Service has the right to block the User’s Account and deduct funds from the User’s Personal Account to the Service as a one-time penalty.

3.4. The Advertiser must check his or her displayed Advertisement to ensure that it complies with the law of the country where his or her Target Audience is resident and reject Advertising that does not comply with the requirements of such law.

4. Account

User registration

4.1. In order to use the Service, you must complete the registration procedure, which automatically creates a unique Account. User registration is free and voluntary.

4.2. Only a registered User may log in to the Account and use the Service. In the event of prolonged non-use of the Service, as provided for in clause 4.17. of this Agreement, the Company has the right to block the User Account and reset its balance. In such an event, the User is obliged to restore his or her Account and balance before using the Service.

4.3. When registering to create an Account, the User is obliged to provide accurate up-to-date information, including a unique login, an e-mail address, and a password. The User is obliged to provide reliable information when registering to enable proper interaction and work with the Company. After registering an Account, the User may begin using an alternative authentication tool to access the Account, thus replacing the password.

4.4.The Company reserves the right to disallow the use of certain logins, as well as set the requirements for the login and password (i.e., length, allowed characters, etc.). The Company reserves the right to change the fields on the registration form and require the User to enter additional information. The User is obliged to keep the information they provide to the Company up-to-date.

4.5. The Company reserves the right to require the User to confirm the information provided during registration and provide supporting documents (identity documents) at any time. Refusal to provide them may, at Kadam’s discretion, be equated to the provision of unreliable information and entail the consequences described in Clause 4.18 hereof. In the event that the User's data specified in the submitted documents do not correspond to the data specified at registration and in the event that the data specified at registration do not allow the User to be identified, the Company reserves the right, at its discretion, to either request documents confirming the User’s identity, deny the User access to the Account and Service, or block or delete the User’s Account.

4.6. The User’s personal information contained in their Account is stored and processed by the Company in accordance with the terms of the Privacy Policy.

4.7. The User is responsible for securing (resistance to guessing) the means of accessing the account that he or she chooses, as well as maintaining the secrecy of those means. The User is solely responsible for all actions (and their consequences) when using the Service through the User Account, including the voluntary transfer of data for accessing the User Account to third parties on any terms (including contracts or agreements). In this case, all actions carried out through the User Account when using the Service are considered to be made by the User themself, except when the User has notified the Company of unauthorized access to his or her Account and/or any violation (suspicion of violation) of the confidentiality of his or her communication means or Account access (password or two-factor authentication) pursuant to Clause 4.8. hereof.

4.8. The User must immediately notify the Company of any unauthorized access (i.e., not authorized by the User) to the User Account and/or any violation (suspicion of violation) of the confidentiality of his or her communication means or means of access to the Account. For security reasons, the User must perform a secure shutdown of his/her Account (using the “Exit” button) at the end of each use of the Service. The Company is not liable for possible data loss or damage or any other consequences that may occur due to a violation of the Agreement by the User.

Access

4.9. Mandatory conditions of User access to the Service are as follows:

4.9.1. the User’s familiarization with the terms and conditions of the Agreement and the acceptance of the terms and conditions hereof;

4.9.2. the User’s mandatory registration, filling all mandatory fields including the login and password required to gain access;

4.9.3. the User’s technical ability to access the Internet to obtain an online service;

4.9.4. the Company’s ability to identify the User via his or her login and password.

4.10. The Company reserves the right to establish restrictions on the use of the Service for all Users or for certain categories of Users (depending on the User’s location, the language in which the service is provided, etc.), including but not limited to the presence/absence of certain Service functions, the content storage period, the maximum number of messages that can be sent or received by one registered User, the maximum message size, the maximum number of requests that can be made to the Service for a specified period of time, the maximum content storage period, special parameters of downloaded content, etc. The Company may disallow the user’s automatic access to the Service, as well as stop the user’s receipt of any automatically generated information (for example, spam).

4.11. Although the Company strives to ensure that the Service is available 24/7, the Company is not liable if the service is unavailable at any time or for any period due to circumstances and for reasons beyond the control of the Company.

4.12. The Company reserves the right to suspend access to the Service at any time to perform operational, regulatory, legal, or other actions.

4.13. Access to the Service may be temporarily suspended without warning in the event of a system failure, maintenance, repair, or for other reasons.

Blocking and deleting an account

4.14. The Company reserves the right to block or delete a User Account, prohibit an Account’s access to certain Company services or features of the Service, and remove any content without providing justification, especially in the event that the User violates the terms and conditions hereof or the terms and conditions of other documents.

4.15. If the User provides incorrect information or the Company has reason to believe that the information provided by the User is incomplete or unreliable, the Company reserves the right to block or delete the User Account at its discretion and refuse the User access to the Service (or its individual functions).

4.16. The User is prohibited from creating more than one account. If it is discovered that two or more Accounts have been created by the same User, the Company may block or delete such Accounts at its discretion.

4.17. The User account will be blocked without notice if the Service User Account is inactive (i.e., no Advertising Campaigns are running, no Advance Payments have been made, and no Traffic Sources are connected) for more than 180 (one hundred eighty) calendar days in a row. The Company reserves the right to reset the User’s balance. At the same time, the Account and its balance may be restored at the User’s request to support@kadam.net.

4.18. The Company reserves the right to terminate cooperation unilaterally and remove a User Account in the event that it violates the terms and conditions of this Agreement and the terms and conditions of other documents governing the legal relationships between the User and the Company. This can be done as follows:

4.18.1. The account is blocked for 1 (one) month, during which the User may not access it. During this time, the content and advertisement placed through such an Account may be deleted.

4.18.2. The User can apply to the Company with justified objections and request that the Account be unblocked within 30 (thirty) calendar days from the date it was blocked.

4.18.3. If the Account is restored within the period specified in Clause 4.18.2., then the Account will be restored to the User, but the content published through it may not be recovered.

4.18.4. If the User Account is not restored within 30 (thirty) calendar days from the date it was blocked, all content and Advertisement posted through this Account will be deleted, and the login will be available for use by other Users. From that moment on, restoration of the Account and any information related to it, the return of Advance Payment, and/or the payment of income and access to the Service using this Account will be impossible.

4.19. The User reserves the right to terminate cooperation unilaterally at any time and delete his or her account, provided that he or she does not owe the Company.

5. Rules for publishing Advertisements and conducting Ad Campaigns

Requirements and Restrictions

5.1. The Users are responsible for compliance with the content provided for running Advertising Campaigns or the content of their Websites, as applicable, in accordance with the requirements of the current laws of the Republic of Cyprus, the state of the Website hosting, and the state(s) where the potential Website Audience may reside. The User is also responsible for third parties if the User’s publication of any content violates the right and legitimate interests of third parties, including copyright, moral rights, and other intellectual rights of third parties, and/or encroaches on their property.

5.2. The User acknowledges and agrees that the Company is not obligated to review any type of content published and/or distributed through the Service. The Company has the right (but not the obligation) to deny, at its discretion, the User’s ability to post and/or distribute the content and/or to delete any content made available through the Service. The User acknowledges and agrees that they must solely evaluate all risks associated with the use of the content, including an evaluation of the reliability, completeness, or usefulness of this content.

5.3. The User acknowledges and agrees that the technology of the service operation may necessitate copying (reproducing) User content and/or require the Company to reformulate such content to meet the technical requirements of an Internet resource and/or its functions. Such use of the content shall not be considered a violation of intellectual property rights.

5.4. The User is solely liable to third parties for their actions related to the use of the Service, including when such actions result in a violation of the rights and legitimate interests of third parties, as well as for compliance with current laws when using the Service.

5.5. It is prohibited to publish/run Advertising Campaigns with content that:

  • is illegal, malicious, and/or slanderous;
  • offends morality or exploits influence resulting from fear or superstition;
  • exploits the trust of a party and their lack of experience or knowledge;
  • demonstrates (or promotes) violence, cruelty, criminal and/or terrorist actions, and displays disfigured bodies, injuries, death, diseases, and unaesthetic and disgusting images;
  • violates intellectual property rights;
  • promotes hatred and/or discrimination against people based on race, ethnicity, sexual orientation, religious beliefs, social views and beliefs, eye color, age, property status, national or social origin, etc.;
  • contains insults to any person or organization and denigrates, denounces or derides another person, their activity, name (company), goods or services, or trademarks;
  • uses the name, surname, company name, or another identification mark (including trademark) of another entrepreneur without their consent;
  • contains elements of child pornography, zoophilia, or any illegal and harmful sexual acts.
  • may lead to the exploitation of minors or pose a threat to minors;
  • promotes illegal activities;
  • advertises torrents and P2P file-sharing;
  • explains the procedure for manufacturing, consuming, or otherwise using illegal narcotic substances or their analogs;
  • offers promoting guns and/or explosives or other weapons;
  • advertises and promotes illegal drugs;
  • advertises or offers services related to human trafficking and promotion or sale of human tissue;
  • contains malware, phishing, or spam;
  • partakes in, endorses, or facilitates any deceptive advertising practices or fraudulent misrepresentations concerning products, services, or any related matters;
  • engages in, endorses, or participates in any form of extortion, which includes the unlawful extraction of property, assets, services, or any other concessions from another party through threats, intimidation, or coercion.
  • contains opinions and positions (endorsements) of celebrities without their consent, and/or depicts, uses, or otherwise mentions any individual (as a private person or as an official) or their property without the consent of such an individual;
  • contains hate speech, including but not limited to discriminatory or offensive language based on attributes such as race, ethnicity, religion, or gender or other;
  • advertises counterfeit goods or hazardous goods and services (which may be harmful to health and/or cause content or other damage);
  • contains fake consumer reviews and/or their imitation;
  • misleads the user (for example, with a claim or promise that the visitor to the Website has become or will become the winner of a campaign, drawing, etc.) or imitates the interface of any applications, system notifications, software, etc. (including buttons such as “close” and “download”), which may mislead the visitor;
  • reproduces the text, slogan, visual image, sound, and/or other special effects of the advertising of any other advertiser without the latter’s consent or carries out activities of a different type, which may cause ambiguities or misinform about the advertiser, advertised goods, and/or services;
  • promotes propaganda related to violent acts, opposition to political regimes, or content that promotes violence, encourages, or calls for the overthrow of legitimate authorities, or endorses illegal activities;
  • engages in, or promotes any form of propaganda, content, or activities that encourage or support extremism, terrorism, or banditry. This encompasses the dissemination of materials, messages, or actions advocating violence, hatred, or support for extremist or terrorist organizations;
  • advertises sites that force a visitor to fraudulently pay for any services and/or Internet resources that pursue the goal of receiving prepaid SMS messages from visitors (MT subscriptions).
  • advertises websites that contain malicious software or whose purpose is to deceive visitors (for example, offer file downloads, browser updates, pseudo-antivirus programs, “prizes” from known Internet resources and other fake websites);
  • auto-downloads software or any other files or auto-downloads is prohibited;
  • promotes malicious software that is installed without proper obtainment of acceptance from the user;
  • advertises content for misinformation or fake information, including, but not limited to misinformation or fake information regarding COVID-19;
  • promotes inaccurate use of government bodies, state companies/institutions/corporations and top officials of states for advertising purposes: insult to honor and dignity, as well as engagement with illegal and pirated content;
  • utilizes high-ranking government officials, such as presidents and prime ministers, in advertising campaigns;
  • uses and makes reference to governmental entities, employs their insignias, or utilizes state symbols in an unaltered manner. These restrictions are applicable to both creative materials and landing pages, respectively.

5.6. If there are no express prohibitions by a competent government authority or agency and all necessary conditions are met, it is permitted to publish/run Advertising Campaigns with content:

  • advertising alcohol, tobacco products, e-cigarettes, and vaping products;
  • advertising cryptocurrency, mining, and ICOs;
  • containing texts, images, audio and video content of an erotic nature (ambiguous content), including images of sensual poses, and/or promoting adult content, including sexual entertainment and products, if the Advertising Campaign indicates that it contains such content;
  • representing advertisements (or are propaganda) of services of a sexual nature (including disguised as other services), “mail-order brides”, dating services that promote sexual contact or other content containing adult elements;
  • containing elements (or promotes) of pornography or other adult-related content
  • advertising prescription or digital narcotic drugs, online pharmacies;
  • offering financial services, including mortgage products andshort-term and daily loans;
  • advertising high-risk investments and financial products;
  • containing gambling, lotteries or contests and gaming e-commerce;
  • promoting certain political views, including political Advertising Campaigns;
  • containing religious content;
  • advertising products and services for self-improvement, products, and services for weight loss, nutrition, improving brain functions, hair enhancement, improving vision and other medical products;
  • offering software downloads, subscription services, or add-ons with automatic updates.

5.7. The Company reserves the right, at its discretion, deny the User the permission to publish and/or distribute the content specified in Clause 5.6., and/or delete such content from the Service without providing justification.

5.8. The lists of prohibited and restricted content (Clauses 5.5. and 5.6. of this Agreement, respectively) may be expanded in advertising service agreements and other agreements with Traffic Source Owners.

5.9. Warning against Phishing, Malware, and Malicious Domains:

Alerts related to phishing attempts, malware, and other malicious domains issued by prominent security systems and antivirus software will result in immediate actions, including the potential suspension of the domain within our system or the prohibition of such offerings altogether.

Traffic source requirements

5.10. Traffic Source Owners are prohibited from connecting to the Traffic Sources of Websites whose content contains prohibited content that violates clauses 5.5. and 5.6. hereof. The Company disclaims any liability for Traffic Source Owners’ actions that violate this rule or any current legislation provisions.

5.11. The Company reserves the right to request data regarding a Traffic Source, as well as request documents confirming the legality of publishing advertising and informational content on websites.

5.12. The Traffic Source Owner is responsible for ensuring that the advertising or informational content published and/or displayed on the Website(s) is in accordance with the law of the Republic of Cyprus, the host country of the site, and the country(-ies) wherein the potential Website’s Audience may reside.

Requirements for Advertising Campaigns

5.13. The Advertiser may pay for ad placement services through the Service. The Advertiser's advertisements must fully comply with the terms and conditions of this Agreement. All payments will be calculated on the basis of the Service. The Company does not approve or guarantee that the Advertisements published by the User will receive any number of the intended clicks/views/actions.

5.14. Advertisements must comply with the requirements of the laws of the Republic of Cyprus, those of the host country of the Traffic Source, and those of the country(-ies) where the Audience of the Website containing the Advertisements is located, as well as Clauses 5.5., 5.6., and 5.17. of this Agreement.

5.15. The Advertiser and Traffic Source are obligated to ensure that Advertisements comply with the requirements of Clauses 5.1.-5.6. hereof. The Company is not obligated to verify that advertisements comply with the requirements of current laws and is not liable for any violations.

5.16. The Company is not liable for actions of parties that interact with the Advertiser's Advertisements or for fraudulent clicks or other illegal activities affecting the cost of displaying advertisements.

5.17. The Company may block and prevent any Advertisement through the Service at its sole discretion and without providing justification. The Advertiser reserves the right to contact the Support Team at support@kadam.net if he or she disagrees with such an action.

5.18. Upon request by the Company, the Advertiser shall be obliged to provide additional necessary information to launch an Advertising Campaign and/or Advertisement no later than 48 hours after the request is made. Failure to provide the required information/data may result in the Advertisement and/or Advertising Campaign being blocked.

5.19. The Advertiser may cancel an order at any time through the Service, bearing in mind that it may take up to 48 hours to stop the publication of an Advertisement. The Advertiser is liable for paying for such Advertisements.

5.20. If the Advertiser places Advertisements on behalf of a third party, he or she guarantees that he or she is an authorized representative of the owner of said advertising content. The Advertiser is liable for the publication of such Advertisements. The Company may demand documents confirming the authority of the Advertiser to publish advertisements on behalf of a third party. Such documents must be provided to the Company no later than 48 hours after the request is made.

5.21. The following advertising practices are prohibited:

  • adding more than one absolutely identical Advertisement;
  • adding more than 3 (three) Advertisements with identical images;
  • creating more than one Advertising Campaign of the same format and/or subject;
  • frequently adding/removing the same type of Advertisement (content of the same subject matter);
  • loading more than 20 Advertisements in one Advertising Campaign;
  • publishing (in one Advertising Campaign) Advertisements showcasing or leading to sites or pages of sites with different products/services or Advertisements that showcase the same product but have a different meaning and lead to different pages of Internet resources or different sites;
  • transferring advertising content between KSA campaigns;
  • changing the hyperlink to an advertised Website or the content of an advertised Website page (using a redirect, frame) after passing moderation;
  • fraudulently manipulating traffic by:
    • clicking on the Advertisement that has been published on a Website connected to the Traffic Source;
    • artificially manipulating the number of impressions and/or clicks through a Traffic Source;
    • registering or performing other useful paid actions for the owners of Websites connected to the Traffic Source or third parties in order to increase their income and/or the income of any party.
  • making modifications to the Service code and tools provided in connection with the use of the Service and the Information Channels connected to the Service;
  • installing a javascript or postback link to the redirect button (for example, switching from landing to landing) in KSA Advertising Campaigns;
  • using landing pages that a visitor must close to confirm the action more than once;
  • targeting children when displaying restricted content (Clause 5.6. of the Agreement);
  • collecting personal data without the express consent of the User;
  • violating local laws;
  • installing broken links and/or buttons;
  • using sound effects in Advertisements;
  • installing animation that exceeds 15-30 seconds or contains excessive flashes or shaking pictures and using images with a high framerate/colors (“aggressive” animation) or images that do not fit the size of the area on the Website where the Advertisement is to be placed (with empty areas);
  • using flash cookies.

5.22. Advertisers who are owners of offers are prohibited from changing the link to the advertised page of the Website and its content. If a need to do so arises, the Advertiser should contact the Support Team at support@kadam.net or his or her personal manager.

5.23. When Advertising goods/services that must be licensed/certified or that must receive a different permit from the authorities of the country where the advertising content is distributed, the Advertiser must provide such a document to the Support Team at support@kadam.net before starting the Advertising Campaign/Advertising.

5.24. Targeting based on age, gender, and/or visitor interests is determined by machine learning algorithms based on public data about the visited Websites. As such, the accuracy of these settings cannot guarantee an absolutely direct hit on the selected Target Audience. Services are provided on an “as is” basis. The Company does not guarantee that the services will meet the purposes and expectations of Users or any other persons. Simultaneously, the Company is not liable if the User uses the functionality of the Service to provide restricted Advertisements (Clause 5.6 of this Agreement) to minors. The Company is not liable if minors are included among adults for which Advertising content is provided on a restricted basis.

5.25. The Company reserves the right to determine the format in which Advertisements may be downloaded and the size of files that can be downloaded. If the file size exceeds the size allowed or the file format does not correspond to the technical capabilities of the Service, the Advertiser will not be able to download such files.

5.26. The User understands that, under the applicable law, it is necessary to consider a number of requirements when placing certain categories of Advertisements. At its discretion, the Company may not permit such Advertising to be published.

Kadam’s Retargeting Pixel

5.27. The Company and the Kadam Service includes the remarketing pixel (“pixel”) that is provided and maintained by Kadam CY Ltd. If you intend to use the remarketing service provided by Kadam, you must incorporate the information on the pixel or ad tag (a JavaScript code that is used to collect personal data and disclose it to the advertisers to run ads), purposes of its use, data collected through the pixel or ad tag and data subject’s rights in its respect, (ii) enable or contribute to a GDPR-compliant opt-out mechanism to restrict the interest-based advertising, where possible, and (iii) obtain a valid (GDPR-compliant) consent for remarketing and other purposes the pixel or ad tag is used for or ensure that such consent has been obtained.

5.28. The User assumes the responsibility for compliance with data protection laws as provided for in the applicable law. Where the pixel or respective ad tag is used, you must retain or obtain records of consent, including the text of the consent, the the visitor’s choice, and period for which the consent is deemed eligible. You must place the link to Kadam’s privacy policies and enable the website visitors to review the consent or cookies management tool options to withdraw their consent at any time.

6. Sites and third-party content

6.1. The Service may contain hyperlinks to other Websites on the Internet (hereinafter “Third-Party Websites”). These third parties and their content are not verified for compliance with special requirements (reliability, completeness, legality, etc.) by the Company. The Company is not responsible for any information or content posted on Third-Party Websites to which the User is granted access when using the Service (including any opinions, endorsements, and/or statements expressed on the Third-Party Websites, advertising, etc.), as well as for the availability of such Websites or content and the consequences of User’s use of such Websites.

6.2. An advertisement’s content must match the content of the page to which the advertising link leads.

6.3. A hyperlink (in any form) to any Website, product, service, and commercial or non-commercial information placed through the Service does not imply an endorsement or recommendation of these products (services, activities) by the Company except when specifically indicated in the Service.

7. Terms of connection and cooperation

7.1. The User acknowledges and accepts that it may be necessary to form separate agreements on cooperation and income generation, in which case, the Company will notify the User appropriately.

7.2. The Company reserves the right to terminate such cooperation at any time (without justification) due to violation(s) of this Agreement, extremely poor-quality traffic, and/or if such cooperation brings zero income.

7.3. The Company has the right to refuse to allow the use of the Service at any time (without providing justification) if there are violations of requirements by the Advertiser and block the Advertising, Advertising Campaign, and/or User's Account at its discretion.

7.4. If a dispute arises, the Company reserves the right to resolve it.

7.5. Cooperation may be refused without justification.

8. Guarantees and limitation of liability

8.1. Use of the Service is at the User’s own risk. The Service is provided “as-is.” The Company does not bear any liability, including for whether the Service meets the User's intended purposes.

8.2. The Advertiser guarantees that it and any of its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser, to the knowledge of the Advertiser, are aware and are compliant with sanctions enforced by the U.S. and the E.U, and other states acting as a party to such sanctions.

8.2.1. The Advertiser, its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser do not carry out economic or other mutually beneficial activities with individuals and/or legal entities of the sanctioned countries.

8.2.2. Damages caused by the provision of false information shall be reimbursed in full by the Advertiser and its related parties.

8.2.3. If the Advertiser or any of its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser is included in the US and/or European Union sanctions lists, the Advertiser must notify the Publisher/Service in writing within 3 (three) days.

8.3. The Company does not guarantee that:

  • the Service meets/will meet the User's requirements;
  • the Service will be provided continuously, quickly, reliably, and without errors;
  • the results that may be obtained with the Service will be accurate and reliable and may be used for any purpose or in any quality (for example, to establish and/or confirm any facts);
  • the quality of any product, service, information, etc., received using the Service will meet the User’s expectations.

8.4. Any information and/or content (including downloadable software, letters, any instructions for action, etc.) which the User receives access to while using the Service, the User uses at his or her own risk while being responsible for the possible consequences of using that specified information and/or content, including damage to the User's computer or to third parties, loss of data, and/or other damages.

8.5. In the event that the Company discovers fraud or a breach of this Agreement and/or any fraudulent activities carried out to deceive the Company and increase the earnings at the expense of the Service, the Company reserves the right, at its own discretion, to block the Advertising Campaign/Advertising and/or User Account without prior notice. The Account will be blocked and/or deleted according to Clause 4.18. of the Agreement. The User waives their right to return an Advance Payment. The Company is entitled to write-off the funds from the balance of the Advertiser's Account as a one-time fine for violating the terms of this Agreement. The funds will be deducted immediately after the account is closed. The User can send claims and objections for consideration to the Company by e-mail at support@kadam.net within 30 (thirty) calendar days from the moment the Account and/or the Advertising Campaign/Advertising is blocked.

8.6.If any fraudulent attempts are detected or fraudulent operations which are related to the online deposit of Advance Payments by the Advertiser are suspected to have occurred within the Website (my.kadam.net), the Company reserves the right to block the Advertiser’s Account at any time and request documents to clarify the circumstances. In the event that fraud is discovered, the Company reserves the right to deduct funds from the Advertiser’s Personal Account as a one-time penalty and report this fraud to law enforcement agencies, banking institutions, and other organizations involved in preventing fraud.

8.7. The Advertiser is solely responsible for the placement of Advertisement that contravenes the law of the Republic of Cyprus or that of the country of residence of the Target Audience of the Website on which the Advertising is published.

8.8. The Traffic Source Owner or the Publishers is solely responsible for Advertisement that violates the current law.

8.9. The Company, its affiliates, subsidiaries, service providers, licensors, officers, directors or employees shall not be liable for any indirect, general, incidental, special, consequential or other losses or damages, including, but not limited to, loss of profits, goodwill, loss of business, legal costs or any other losses resulting from the User's use of the Service or individual parts/functions.

8.10. Compensation for damages

The Users and Visitors access the Company Site and use the Service at their own risk and sole responsibility. It is hereby agreed to fully indemnify, defend and hold the Company, Kadam and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers and employees harmless from any claim, demand or liability, including reasonable attorneys' fees, arising out of your of the Site, Account and Service or any violation of this Agreement or applicable law.

8.11. The Company cannot and does not monitor and control the User’s compliance with the provisions provided for in clause 9.2. Agreement, and is not responsible if the User or Visitor violates the legislation on the elimination of money laundering and the financing of terrorism.

8.11. THE COMPANY DOES NOT MONITOR PUBLISHED ADVERTISING CONTENT INSOFAR AS FILTERING OR OTHER MEANS OF PREMODERATION OF ADVERTISEMENT OR INFORMATIONAL CONTENT WOULD LEAD TO AN EXCESSIVE LOSS OF THE COMPANY’S RESOURCES, WHICH WOULD BURDEN THE COMPANY WITH EXCESSIVE EXPENSES. THE COMPANY ACTS AS AN ISP IN THE MEANING ADOPTED BY THE COMMUNICATIONS DECENCY ACT (CDA) IN THE UNITED STATES OF AMERICA.

8.13. If an Advertisement violates a third party’s copyright, you can notify the Company of such a violation by sending an e-mail to support@kadam.net.

The notification of copyright infringement should contain:

  • the physical or electronic signature of the party authorized to act on behalf of the copyright owner whose rights have been violated;
  • an indication of the specific object for which the copyright was violated or all such objects in one list;
  • a reference to the content considered to have infringed on or violated the copyright, for which access should be limited, as well as sufficient information to establish the location of this content on the service provider;
  • sufficient contact information for the ISP to contact the complainant: physical address, telephone number, and, if available, e-mail address;
  • assurance that this party has substantial grounds for suspicion that the disputed content was used or published without the appropriate permission from the right holder, his or her representative, or the law;
  • assurance that the information provided is accurate and that the complainant has the authority to act on behalf of the owner of the violated copyright.

8.14. The Company exclusively provides services regarding the publication of advertising content. The Company neither checks the accuracy, veracity, and/or relevance of the information contained in the advertising content, nor does it guarantee the veracity, accuracy, and/or relevance of any information or any part of the information included in, connected with, or specified in an advertising content published on the websites and other resources of the Company and/or Company's contractors; furthermore, the Company does not check the advertising content for misinformation or false information, including but not limited to misinformation or false information regarding COVID-19. The Company is not liable for the presence of any inaccurate or false information that does not reflect reality, neither is the Company liable for the presence of misinformation or false information within advertising content.

9. Financial relationship

9.1. The terms of payment with the Company depend on the User’s role:

9.1.1. The Advertiser understands and agrees that:

i.The Advertiser shall make an Advance Payment (which is displayed in the Personal Account) for the Company's services. Advance Payment can be made using the payment methods available in the Account.

ii.By accepting the terms and conditions of this Agreement, the User guarantees that the financial means spent on payments for services provided by Kadam are completely legal and that their source of origin does not contradict the law of the Republic of Cyprus on the elimination of the legalization of funds obtained by criminal means and the financing of terrorism.

iii.Advance Payment is gradually deducted as payment for the Company's services and is displayed in the Advertiser's Personal Account as funds deducted for clicks on Advertisements or conversions. The publication price may be changed by the Company by changing the minimum bid per click/impression/another conversion.

i.v.The amount of funds deducted depends on the bid established individually by each Advertiser for each Advertising Campaign/Advertisement.

v. A full or partial return of the Advance Payment may be made to the Advertiser as follows:

a) Refunds are only possible through a written request with justifications sent to support@kadam.net, providing that the request contains justifications on the quality of the services provided and after submitting all documents requested by the Service’s Administration.

b) Refunds are made using the same payment method that was used to make the Advance Payment. In the event that an Advertiser has made an Advance Payment on the basis of an invoice, a refund can be made after the Company receives all necessary financial details for the Advertiser to allow the Company to carry out such a refund.

c) The Company is not obliged to refund the money unless the Advertiser has provided justifications for the poor quality of services provided.

d) A fee may be retained when refunding an Advance Payment. The amount of commission is determined based on the payment method with which the Advance Payment was made. The Company does not compensate this commission and therefore is not liable if the Advance Payment amount is refunded to the Advertiser with the commission deducted.

vi. If the Advertiser’s conversion notifications are improperly configured, the Advertiser shall provide full non-refundable payment for incorrect conversions.

v.ii. The Advertiser shall pay all required commissions and fees when making an Advance Payment, as well as for the refund of funds.

viii. The Company strives to comply with the established limits for the automatic deduction of funds from the Advertiser’s balance. However, it is possible that excess deductions may be made. The indicators for exceeded limits depend on the settings of the Advertising Campaign and the established cost per click/impression/conversion. In the event that the established limit for the Advertising Campaign is exceeded, the clicks/impressions/conversions received after such excess shall be paid by the Advertiser.

ix. The documents regarding the acceptance and transfer of services shall be provided to the Advertiser in response to a written request by e-mail to the responsible manager or to support@kadam.net.

x. Services are considered properly and duly provided if they are properly rendered by the Company and accepted by the Advertiser, and if the Advertiser has not provided a written justification for the poor quality of services provided to support@adv.kadam.net no later than 14 (fourteen) days from the date of payment. All comments (or claims) sent after that date will not be considered by the Company.

xi. The Company reserves the right to add, at its discretion, bonus funds to the User’s account free of charge. Bonus funds do not have a real cash equivalent outside the Service. As such, they may only be used to pay for services within the Service.

xii. The Advertiser shall set Advertising Campaign options including, but not limited to, the budget of an Advertising Campaign, it’s timelines and execution dates, regionality criteria, etc. Services are to be provided within the period specified in the settings of the Advertising Campaign. The result is the placement of the Advertisement according to the settings specified in the Advertising Campaign.

9.1.2. The Publisher understands and agrees that:

i.The Company pays the Remuneration to the User for placing the Advertisement on its Site in the amount provided at the appropriate page of the Company Website, taking into account all factors affecting the assessment of the cost of placing a particular Advertising.

ii. By accepting the terms and conditions of this Agreement, the User guarantees Acceptance of the terms and conditions of this Agreement means that he or she does not use the Service for the purpose of violating the legislation on the elimination of the legalization of funds obtained by criminal means and the financing of terrorism.

iii.Payment of the User’s Remuneration is made once a week on Thursdays unless otherwise provided for in the sepatare Agreement with the Publisher. The User independently chooses the desired method of payment of the Remuneration in the Account. The amount of the User’s Remuneration depends on the rate established individually by each Advertiser for each Advertising Campaign/Advertisement.

iv. In case of incorrect setting of the Site or placing the Advertisement by the User, Kadam is not responsible for the loss of the User’s revenue.

v. All commissions and fees related to the payment of the User’s Remuneration are paid by the User.

vi. The User is obliged to provide, upon Kadam’s request, the documents for acceptance and transfer of services provided by the User, within 5 days.

vii. The User is obliged to pay all taxes and fees, which must be withheld from the User’s Remuneration in accordance with applicable law.

viii. The minimum payment amount is indicated in the User’s Personal account.

9.2. The User may sign a written contract with the Company by sending a request for such a document to support@kadam.net or via the Personal Account. In that case, the written contract shall prevail over this Agreement.

10. Intellectual property rights

10.1. The User acknowledges and agrees that the Service, its contents, and software are protected by copyright, trademarks, licenses, intellectual property laws, and any applicable laws of the Republic of Cyprus and other countries and/or international law.

10.2. The Company grants the User a personal, non-assignable, non-exclusive license to use the software provided to him or her by the Company as part of the Service. The User may not (and may not give a third party the permission to) copy, modify, and create similar works; reverse engineer technology; and decompile or otherwise attempt to extract the source code of the software or any part thereof. The User agrees that he or she will not reproduce, duplicate, copy, sell, exchange, or resell the software provided to him or her as part of the Service for any purpose and will not modify the Service for any purpose.

10.3. Unless the User has agreed to a different arrangement in writing with the Company, the User may not use the Company’s intellectual property objects (for example, logos, trade names, trademarks, and other trademark features, the content of my.kadam.net, etc.).

10.4. All objects available via the Service, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds, and other objects (hereinafter the Service Content), as well as any content published on the Service are the exclusive rights of the Company and, in some cases, of Users and other copyright holders.

10.5. The use of content, as well as any other element of services, is only possible within the framework of the functionality offered by the Service. No elements of the Service Content nor any content placed in the Service may be used in any other way without the prior permission of the copyright holder. “Use” here implies the reproduction, copying, processing, or distribution on any basis, except as directly indicated by the law of the Republic of Cyprus or the terms of use of any of the Company's services. Personal non-commercial use of the content elements of the Service, as well as any content, by the User is allowed if the User maintains all the signs of copyright protection, related rights, trademarks, and other notifications of authorship, preserving the name of the author/title of the copyright holder in its initial form and keeping the corresponding object unchanged, except as directly indicated by the law of the Republic of Cyprus or this Agreement.

10.6. The Company does not acquire the rights to the intellectual property contained in Advertising and does not grant licenses or transfer the rights to Advertising to third parties. Where needed for the purpose of fulfilling of the Company’s obligations hereunder, the Advertiser grants to Company the worldwide, non-exclusive, royalty-free right and license to use and reproduce, copy, distribute and display the Advertisement and ad content that the Advertiser submits when using the Service.

10.7. If the User shares any comments, suggestions or other feedback (“Feedback”) about how to improve the Service or any part of it, the User grants the Company the unlimited right to use, disclose and otherwise exploit the Feedback at our discretion without any restriction or compensation to the User. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

11. Privacy policy

11.1. You agree not to disclose the Company's confidential information without the prior written permission of the Company. The Company’s confidential information includes but is not limited to:

  • all Company software, technologies, programs, specifications, content, instructions, and documentation;
  • clickability or other Service statistics and this Agreement;
  • any other written information that is marked by the Company as “Confidential” or similar.

11.2. The Company restricts access to the personal information of Users. All Service Users are required to comply with the Company's Privacy Policy published on the Website.

11.3. The Company does not collect, disclose, or use any personal data of individuals under the age of 16. If the Company becomes aware that it is processing the personal data of individuals under the age of 16, the Company will immediately take steps to remove the information.

12. Term and Termination

12.1. This Agreement will remain in full force and effect as long as the User or the Visitor continues to access the Website, use the Service and remain an active Account. This Agreement may bed terminated by deleting the Account provided that the User is not in arrears to the Company.

12.2. The Company, reserves the right to block, suspend or terminate access to the Account and Service at any time without prior notice, in the case we determine that there is a violation or failure to comply with this Agreement or applicable law, without any liability and without provision of any compensation to you in this regard.

13. Final provisions

13.1. All possible disputes arising from the relationship governed by this Agreement are resolved in the manner prescribed by the Company’s current law. Everywhere in the text of this Agreement, unless expressly stated otherwise, the term “law” implies both the law of the Republic of Cyprus and the law of the location of the User.

13.2. If a dispute arises, the goal of the Company is to provide the User with a neutral and cost-effective means of resolving the dispute swiftly. In the event of a dispute, we encourage to first contact us at support@kadam.net to try resolving your problem directly with us.

Any dispute or claim relating in any way to access to Kadam’s Website, use of Account and/or Service, or otherwise arising out of or relating to this Agreement that cannot be resolved directly between the User and the Company shall be resolved by the respective court of the Republic of Cyprus.

13.3. Nothing in the Agreement shall be construed as establishing a relationship as an agent, partnership, joint venture, personal employment, or other relationship not expressly provided for by the Agreement between the User and the Company.

13.4. If one or more of the provisions of this Agreement is declared invalid or unenforceable, the remaining provisions of the Agreement are considered valid and applicable, regardless of the reason for invalidation or unenforceability.

13.5. The User may receive information on previously existing partnerships and affiliate programs of which he or she has been a member or continues to be a member by contacting the Support Team at support@kadam.net.

13.6. The Company’s lack of action in the event of any User's violation of this Agreement does not deprive the Company of the right to take appropriate actions to protect its interests at a later date, nor does it imply that the Company waives its rights in the event of similar subsequent violations.

13.7. This Agreement is made in Russian and, in some cases, can be provided to the User for review in another language. In case of discrepancies between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version shall apply.

13.8. This Agreement does not require a signature and is valid for the Parties in electronic form.

13.9. Should you have any questions concerning this Agreement, please contact us at support@kadam.net.