Terms & Conditions

These terms and conditions (hereinafter referred to as the “Agreement” or “Terms and Conditions”) is an agreement between YT ADS LLP located at Dept 7874, 196 High Road, Wood Green, London, United Kingdom, N22 8HH and the Client, based on the terms and conditions detailed below:

These terms and conditions outline the rules and regulations surrounding the use of Utify’s website and the provision of advertising services that Utify provides to its clients.

By signing up with Utify and accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Utify’s website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions. “The Company”, “Ourselves”, “Avertiser” “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us” refers to both the Client and ourselves, or either the Client or ourselves.

This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)

We will not knowingly accept this agreement from anyone under the age of 18 years, or who lacks the capacity to understand these Terms. Neither will we knowingly collect their Personal Data or Information, as defined below.

When you accept this Agreement, you are also agreeing to our Privacy Policy, which form part of these Terms.

Provision of Advertising Services

All YouTube advertising is independently and individually prepared and setup by the Advertiser, including any alterations or optimisations done to the advertising campaign during the period of the campaign.

The Advertiser will set up the ads via the Google Ads platform, and define the target audience based on the criteria provided by the client in the campaign setup process on the website.

The advertiser may make adjustments to the campaign in any way, that he believes will help to improve the performance of the campaign or reach a better audience, which in the advertisers point of view, is more suitable for the client.

Utify’s advertising services are provided exclusively to adults, meaning individuals who have reached the age of 18 years. By using Utify’s services, you guarantee and confirm that you have reached the age of 18 years.

Utify’s advertising services are provided exclusively to legal persons and entrepreneurs, registered in the manner prescribed by the law. By using Utify’s services, you guarantee and confirm that you are registered as a legal person in the manner prescribed by the law.

Utify reserves the right to review and assess the client’s video prior to setting up the ads. This is undertaken to ensure that your video does not go against Google’s Advertising policies. In the event that the video provided is going against Google’s policies, as decided by either us or the Google company, Utify has the right to refuse advertising your content and will refund your advertising budget within 30 days.

For reporting purposes, data directly from Google Ads is used in Utify’s reporting dashboard. The information here is not altered in anyway and is based on the campaign results inside the Google Ad account created for the purpose of your campaign.

Clients rights and obligations as part of this agreement

The client has the right to see statistics and performance data of their YouTube advertising campaign. These will be provided to the client in the form of a campaign reporting dashboard in the Utify website, which the client will receive access to after he has signed up for the Utify advertising services. This data is pulled directly from inside Google Ads and thereby ensures that the client receives an accurate update on their campaigns performance at any time.

The client can cancel the advertising services prior to the launch of the video campaign by notifying Utify in writing to info@utify.io. If Utify was unable to cancel the campaign prior to launch, Utify shall cancel it as soon as possible. Any unsued advertising budget shall be refunded to the client.

In the case of refusal of providing advertising services or if the YouTube video is not approved for advertising by Google Ads, the client is entitled to receive a refund of any unused advertising budget.

The client is obligated to ensure that he has the legal rights (including copyright of any content used in his videos) to any videos he wants to promote.

The client is required to comply with Utify’s requirements as set out in these terms and condition as well as any legal requirements and intellectual property legislation for the advertising materials.

The client shall provide any information required following Utify’s request to provide additional information in regard to the compliance of the clients advertising materials with the requirements of the current legislation. Upon Utify’s request, this additional information shall be provided within 48 hours.

Client shall not amend or delete any video that is about to be advertised or already advertised.

Client shall not provide third parties access to their Utify account and/or any other information, including login and password, through which a third party can access the Advertiser’s account.

The client is required to pay for advertising services 100% in advance prior to the start of the campaign.

The client shall not advertise goods/works or services that contravene with the rules and regulations of YouTube.

The client undertakes not to abuse Service capabilities including technical capabilities, any other features of the Service.

Clients Warranties

The client warrants that his content complies with advertising policies of Google as well as the requirements of the current legislation.

The client warrants that the video that’s to be promoted does not breach any third party rights or laws, including but not limited to copyrights and related rights. All settlements with the authors and owners of related rights shall be made by the Advertiser independently.

The Client warrants that he has all the rights to the Advertising Materials.

The client warrants that he has all the rights and powers necessary to enter into the advertising agreement with Utify, following the terms and conditions set out on this page. Client also warrants that he fully understands all the terms and conditions set out in this agreement and understands the consequences of entering into this agreement with Utify.

In case the clients breaches the warranties or obligations set out in this agreement, the client shall reimburse all losses incurred by Utify.

Utify’s rights and obligations as part of this agreement

Utify ensures to provide advertising services to the client in accordance with the terms conditions set out in this agreement

Utify provides advertising services to the best of their knowledge

Utify reserves the right to cancel or stop your campaign at any time for no reason. Any unused advertising budget under your campaign will be refunded to you within 30 business days from the data of cancelling or stopping your advertising campaign.

In case you do not pay for the advertising services provided, Utify reserves the right to cancel or stop your campaign immediately and until payment has been made.

Utify may make adjustments to the campaign in any way, that Utify believes will help to improve the performance of the campaign.

If you breach the conditions set out in this agreement, Utify reserves the right to immediately suspend its advertising services to you, by notifying you thereof, and also demand the full reimbursement (compensation) for losses caused by your breach.

Utify reserves the right to temporarily pause or suspend its advertising services for technical, technological or other reasons that may prevent the provision of advertising services, for the period of time it may take to resolve any issues.

Utify reserves the right to deny advertising services to anyone, without having to provide a cause or giving reason.

Costs and Payments for Advertising Services

By using Utify’s website, the client can calculate and determine the advertising costs themselves based on the desired number of view they would like to generate for their video.

The cost for each advertising campaign is determined by the number of views. The cost per view is predetermined by Utify based on industry averages and fixed in the system.

Utify will only start its advertising services after full payment has been made.

The client needs to pay 100% of the advertising budget in advance. All invoices for payments made are available in the Billings section of the clients account on the Utify platform.

When you make payment for a video campaign, we collect, but do not store, your credit card number. When you enter your credit card number, it is sent directly to our Third Party payment provider, and bypasses our databases entirely. You agree that our Third Party payment providers and processors may collect and store your billing address and credit card information on our behalf, and that we may change our payment provider and processor at any time for any reason.

The client receives access to the Utify platform, where the client can review the statistics for their online advertising campaigns inside the campaign dashboard.

The statistics of the clients video campaign are coming directly from their Google Advertising campaign and are pulled into the Utify platform through the Reporting API integration with Google Ads. This ensures full transparency of the performance of the campaign.

Acceptance of these Terms and Conditions and Amendments to the agreement

This agreement is considered to be accepted by the client in full without any reservations and exceptions from the moment of signing up and creating an account with Utify.

In case the clients wants to deny any of the provisions stated in this agreement, the client has no right to sign up with Utify to complete the registration procedure on the website utify.io and make use of the advertising services provided by Utify.

Utify reserves the right to amend the terms of this Agreement or withdraw the agreement at any time, with out giving further explanation.

In case the client does not agree with any changes made to this agreement by Utify after the client has already signed up with Utify, the client shall immediately cease using the advertising services provided by Utify and cancel the account.

The client is solely responsible for any claims from copyright holders and other parties in connection to violations of copy rights in the advertising material. The client is responsible for the video content that the client is promoting via Utify to be accurate

Utify makes no warranties as to the results (effectiveness) of advertising campaigns of the Advertiser.

Applicable law

Any disputes under this agreement shall fall under the law and jurisdiction of the United Kingdom.

In the case of any dispute arising out of or relating to this Agreement, including non-performance or improper performance of the obligations under the Agreement, both Parties will use their best effort to resolve such disputes. If the disputes are not resolved through negotiations, both parties have the right to refer the dispute to a court in accordance with the current legislation of the United Kingdom.

Disclaimer, Exclusion, and Limitation of Liability

UTIFY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, AVAILABILITY, RELIABILITY, TIMELINESS, SECURITY OR ACCURACE OF THIS WEBSITE, ITS SERVICES OR DATA MADE AVAILABLE FROM ITS SERVICES. YOUR USE OF THE SITE OR SERVICES, AND ALL CONTENT, MATERIAL, AND THIRD PARTY SOFTWARE AND CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

UTIFY DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME UTIFY MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT PRIOR NOTICE OR NOTIFICATION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES MAY BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT MALFUNCTIONS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES, OR OTHER ACTIONS THAT UTIFY, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO DAMAGES OR ANY OTHER FORM OF COMPENSATION OR RELIEF WHEN OUTAGES, DELAYS, DOWNTIME, MALFUNCTIONS, SECURITY OR SYSTEM BREACHES, OR OTHER INTERRUPTIONS OF SERVICE OCCUR.

UTIFY MAKES NO GUARANTEE REGARDING: (A) THE NUMBER OF VIEWERS THAT CLICK, LIKE OR ENGAGE WITH YOUR VIDEO IN ANY WAY OR SUBSCRIBE TO YOUR CHANNEL AND (B) RESULTS, PURCHASES OR ANY FORM OF CONVERSIONS FROM THE VIDEO ADVERTISING CAMPAIGN SETUP FOR THE CLIENT. YOU ARE NOT ENTITLED TO COMPENSATION, REFUNDS, CREDITS, DAMAGES OR ANY FORM OF RELIEF SHOULD THE SITE OR SERVICES NOT MEET YOUR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS ADHERING TO THE ADVERTISING POLICIES OF GOOGLE. UTIFY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

NO ADVICE OR INFORMATION, WHETHER COMMUNICATED ORALLY OR IN WRITING, FROM UTIFY EMPLOYEES, OR VIA THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY UTIFY FROM ITS FACILITIES IN THE UNITED KINGDOM. UTIFY MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU AGREE THAT NEITHER UTIFY NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, LICENSORS, EMPLOYEES OR AGENTS, WILL BE HELD LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF, FOR ANY TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO: THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR USE OF THIRD PARTY MATERIALS, CONTENT, OR SERVICES.

UTIFY WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, LOSSES, OR OTHER CONSEQUENCES THAT YOU MAY INCUR IN THE EVENT THAT THE SITE AND/OR SERVICES ARE MODIFIED, SUSPENDED OR DISCONTINUED.

IN NO EVENT SHALL UTIFY AND ITS AFFILIATES’, REPRESENTATIVES’, OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, OR AGENTS’ AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF CUSTOMER’S SUBSCRIPTION .

Waiver of Jury Trial and Class Action Rights

IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, A SUBSCRIPTION AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.

Dispute Resolution

In any dispute between you and Utify relating to this Agreement, the Site, or the Services, you agree that the dispute shall be governed exclusively by the laws of the United Kingdom, without regard to its conflict of law provisions. You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.

Severability

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.

Termination of the advertising campaign

The agreement may be terminated immediately:

- Upon either party sending a notice to the other party not less than 10 (Ten) working days prior to the planned date of termination of the Agreement via email.

- By mutual consent of the parties

- On other grounds provided within this agreement.