Online Agreement (Terms and Conditions for Companies)
Red Blu Digital Advertising UG Oberstraße 3, 47829 Krefeld, Germany Email: info@redblu.net
Red Blu Digital Advertising UG creates technologies and services that allow users to win Products and Services made available by Companies for advertising purposes for free. These Terms of Use (the "Agreement") govern the use of the B2B advertising platform ADPRODEX by Companies, in order to publish campaigns, Videospots, and "Cards" aimed at End Users registered on the mobile application Tyche App (available on digital stores).
LEGAL CLARIFICATIONS:
Red Blu Digital Advertising UG has its registered office in Germany. In order to provide a service to Companies and consumers that is respectful and collaborative of the regulations in force, we would like to clarify that no ministerial fulfillments are required in compliance with Italian regulations for prize events. As our project takes place exclusively ONLINE, it follows the regulations in force in the state where the promoting Company of the infrastructure resides, namely Germany (Country of Origin Principle for online services in the EU). The Italian State will supervise solely for the purpose of protecting consumer interests.
1. Acceptance of the Agreement
These terms and conditions apply to your use of the online advertising platform called ADPRODEX and the related self-service services aimed at publishing promotional campaigns. The campaigns published on ADPRODEX become visible to Users on Tyche App, allowing them to interact with your brand, view your spots, and try to win free Products through game mechanics (Game).
By registering and using the ADPRODEX platform, you fully accept the terms and conditions of this Agreement, together with our Advertising Policy and Privacy Policy. If you access or use the Services on behalf of a company or third parties, you declare and warrant that you are a legal representative or a person authorized to bind such entity to this Agreement.
2. Advertising Services and Campaign Operation
2.1 Commercial Value and Guarantee System (Deposit)
You are responsible for all ads, contents, and "Commercial Values" of the Cards that you will publish autonomously on ADPRODEX.
- Truthfulness of the Value: You commit to inserting real and verifiable commercial values. The Product/Service up for grabs must be given to the winner completely free of charge. "Discounts" disguised as the main prize are not allowed.
- Deposit: To guarantee the delivery of prizes, the platform requires the maintenance of a positive "Deposit" balance. Upon a User winning, the commercial value of the product is temporarily frozen from the Deposit.
- Validation via PIN: The winning User has 10 days to go to your location (or use the online service). You commit to validating the win by typing your secret security PIN directly on the User's smartphone. This action certifies the successful delivery and immediately unlocks the frozen funds, making them available again in your Deposit.
2.2 Win Percentages and Audience
- Audience Selection: When creating the Card, the system allows you to select the target audience (e.g., geolocation by Province, interest categories).
- Probability Management: Win percentages are set by the Company and are proportional to the commercial value of the Product. Red Blu reserves the right to suspend campaigns with blatantly overestimated commercial values or deceptive win percentages, in order to protect the experience and interest of Tyche App Users.
3. Rates, Payments, and Billing (Pay-Per-Click)
Our business model is based exclusively on an advance pay-as-you-go system (Pay-Per-Click), to guarantee you maximum flexibility and transparency.
- No Subscription: There is no fixed monthly cost, no hidden subscription, and no recurring automatic charge on your credit card.
- Budget Top-up: You freely purchase "Click packages" (Credits) by topping up your wallet on ADPRODEX.
- Real-Time Consumption: The cost of every single click generated by Users on your Cards will be deducted in real-time from your available budget. When the budget runs out, your campaigns will automatically be paused until you autonomously decide to make a new top-up.
- Billing: At the time of every single top-up/purchase, the system will generate and automatically send you the relevant invoice via email.
- No Refund for Delivered Clicks: No amount paid for clicks actually generated and tracked by the platform is refundable.
4. Personal Data and Privacy
Each party commits to complying with the General Data Protection Regulation (GDPR - EU 2016/679). You are authorized to use statistical information and Data of the Advertising Services provided by ADPRODEX only in aggregate form to evaluate the effectiveness of your campaigns. If, through contact forms, external links, or during prize delivery, you directly collect personal data of Users (e.g., to ship a good to the winner's home), you will act as an Independent Data Controller for such data, relieving Red Blu of any responsibility and committing to processing them in strict compliance with current legislation.
5. Intellectual Property Rights
You grant us a non-exclusive, worldwide, royalty-free license to use, copy, format, and publish your logos, Videospots, texts, and images in connection with the provision of Advertising Services on ADPRODEX and Tyche App. You declare and warrant that you own (or have obtained the necessary authorizations for) all intellectual property rights related to the uploaded materials, indemnifying Red Blu against any third-party claims for copyright or trademark infringement.
6. Limitation of Liability
To the maximum extent permitted by law, the Services (including software and apps) are provided "as is". Red Blu Digital Advertising UG makes no implied or explicit warranty regarding guaranteed commercial results, nor does it guarantee that the platforms will always be uninterrupted or bug-free. Neither party will be liable to the other for indirect damages, loss of profits, or business opportunities. The maximum total liability of Red Blu towards you for any dispute is limited to the total amount you paid to Red Blu for the purchase of Clicks in the twelve (12) months preceding the event that gave rise to the dispute.
7. Indemnification
You agree to indemnify and hold harmless Red Blu Digital Advertising UG from any damages, losses, costs, and legal expenses arising from third-party or User claims in relation to: (a) breach of this Agreement; (b) non-delivery of the Product won by a User; (c) illicit or deceptive content inserted in your campaigns.
8. Modification, Suspension, and Termination
- By the Company: You have the right to interrupt your campaigns at any time and to request the closure of your ADPRODEX account.
- By Red Blu: We reserve the right to suspend or ban (with the wording "Banned Company" visible to users) Companies that engage in incorrect, fraudulent behaviors, or that refuse to deliver legitimately won prizes.
- Modifications to the Agreement: Red Blu reserves the right to update the terms of this Agreement. The continued use of ADPRODEX after the notification of modifications constitutes acceptance of the same.
9. Applicable Law and Jurisdiction
This Agreement is governed exclusively by the laws of the Federal Republic of Germany. For any dispute or claim related to this Agreement or the use of ADPRODEX Advertising Services, you agree to submit to the exclusive jurisdiction of the competent court of Krefeld (Germany). Jurisdictions of other Countries are expressly excluded. The prevailing party shall be entitled to reimbursement of legal expenses incurred.