Terms For Conversion Tracking, Custom Audiences From Your Website, and Custom Audiences From Your Mobile App

Facebook provides certain features and tools (e.g., pixels, SDKs and APIs) that you can add to your website or mobile app to allow you to send data about actions that people take on your website or mobile app (“Event Data”) to Facebook to track conversions
(“Conversion Tracking”), to create custom audiences of people who have visited your website (“Custom Audiences from your Website”), or to create custom audiences of people who have visited your mobile app (“Custom Audience from your Mobile App”). By clicking “Accept”
and using these features and tools, you agree to the following:

1. Facebook will use the Event Data received to provide you with insights about the effectiveness of your ads and the use of your website/app or to create your custom audience (as applicable, depending on the specific
   features you choose to use), and in accordance with our Data Policy (https://www.facebook.com/about/privacy/). Event Data will also enable us to better target ads and to optimize our systems. In connection with such targeting and optimization, Facebook will: (i) use Event Data collected from your website or mobile app for ads optimization only after such Event Data has been
   aggregated with other data collected from other advertisers or otherwise collected on Facebook and (ii) not allow other advertisers or third parties to target advertising solely on the basis of Event Data collected
   from your website or mobile app.
   


2. Event Data will not be disclosed to other advertisers or to third parties, unless we have your permission or are required to do so by law. Facebook will maintain the confidentiality and security of Event Data, including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook's systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Facebook's systems.
3. You agree and confirm that you have provided robust and sufficiently prominent notice to and obtained the appropriate consent from your users regarding the Event Data collected and used for targeted online advertising. Such notice must include, at a minimum:
   1. If you use Conversion Tracking or Custom Audiences from your Website, a clear and prominent link from each webpage where FB-generated pixels for such features are placed that links to the section of your privacy policy that clearly explains that (a) third parties may use cookies, web beacons, and similar technologies to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target ads, (b) how users can opt-out of the collection and use of information for ad targeting, and (c) where a user can access a mechanism for exercising such choice (e.g., providing a link to www.aboutads.info/choices).
   2. If you use Custom Audiences from your Mobile App, a clear and prominent link that is easily accessible inside your app settings or any privacy policy and from within any store or website where your app is distributed that links to the section of your privacy policy that clearly explains (a) that third parties may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads, and (b) how and where users can opt-out of the collection and use of information for ad targeting.
4. You agree not to transfer or disclose any personally identifiable information to Facebook or combine any information obtained in connection with these terms with personally identifiable information. You further agree that you will not share with us information that you know or reasonably should know is from or about children under the age of 13 or that includes health, financial, or other categories of sensitive information.
5. You agree that Facebook may include notice in or around your advertisements explaining that the ad is targeted, and you agree that you will not modify, obscure, or otherwise interfere with these notices, including any technical components that enable users to access additional information or choice mechanisms.
6. Facebook may modify, suspend or terminate access to, or discontinue at any time the availability of Conversion Tracking, Custom Audiences from your Website, or Custom Audiences from your Mobile App. You may discontinue your use of the features at any time. You may delete your custom audience from the Facebook system at any time through your account tools.
7. If you are using any of these features on behalf of a third party, you also represent and warrant that you have the authority as agent to such party to use such features on their behalf and bind such party to these terms.

These Terms govern your use of Conversion Tracking, Custom Audiences from your Website, or Custom Audiences from your Mobile App. These features are part of “Facebook” under Facebook’s Statement of Rights and Responsibilities (https://www.facebook.com/legal/terms, the “SRR”), and your use of these features is deemed part of your use of, and actions on, “Facebook.” These Terms do not replace any terms applicable to your purchase of advertising inventory from Facebook, and such terms will continue to apply to your ad campaigns for which you are using Conversion Tracking, Custom Audiences from your Website, or Custom Audiences from your Mobile App. In the event of any conflict between these Terms and such terms or the SRR, these Terms will govern solely with respect to your use of Conversion Tracking, Custom Audiences from your Website, or Custom Audiences from your Mobile App, and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time, and your continued use of these features constitutes acceptance of those changes.

Last Modified February 13, 2015

Flightplan Terms of Service

Welcome and thank you for using Flightplan, our automated marketing subscription service (the "Service").

The Service is provided by parent company adMixt, Inc. ("adMixt") and this Terms of Service ("Terms") is effective September 1, 2015. By using the Service, you agree to be bound by the Terms, either for yourself or as an entity that is identified as the account holder, and you hereby represent and warrant that you have the full legal authority to enter into this binding agreement. We may modify these terms or any additional terms that apply to the Service, for example, that reflect changes to the law or changes to the Service. You should look at the terms regularly. adMixt will post notice of modifications to these terms on this page. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Your continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

• You must click "I Accept," and provide your legal full name, a valid email address, and any other account information requested in order to complete the signup process.
• Accounts registered by "bots" or other automated methods are not permitted.
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
• You are responsible for maintaining the security of your account and password. adMixt cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Your Content (as defined below) posted and activity that occurs under your account (even when Your Content is posted by others who have separate accounts under your entity account).
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). adMixt may suspend or stop providing the Service to you if you do not comply with its Terms or if adMixt is investigating suspected misconduct by you.

Using the Service

The Service imports data and content from your e-commerce website ("Your Content") and allows it to be embedded into and/or integrated with the content of third party publishers ("Publisher" or "Publishers") and their respective published content ("Publisher Content"). As such, Your Content must comply with each Publisher’s own terms of service, an obligation for which you are solely responsible. As such, The Publisher or its designee has the ultimate authority to decide whether or not to accept Your Content for integration with the Publisher Content, and the manner of that integration into it. The Publisher Content is the sole responsibility of the entity that makes it available. adMixt may but makes no representation that it reviews Your Content to determine whether it is illegal or violates adMixt or a Publisher’s policies, and it may remove or refuse to display Your Content without notice if in its sole discretion it reasonably believes it violates our policies or the law. However, this does not necessarily mean that adMixt reviews Your Content, so please do not assume that it is reviewed by adMixt. Similarly, adMixt has no obligation to review Publisher's Content to which Your Content may be offered to be integrated. As such, please take notice that you have no expectation that adMixt has reviewed either Your Content or the Publisher Content. Should a publisher require that adMixt change one or more of your advertisements adMixt will have no choice but to comply or curtail the advertisements.

When you upload or otherwise submit Your Content to the Service, you give adMixt (and those it works with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service, and to develop new ones. You also agree that adMixt may use your trademark or logo on its website or other locations, if necessary, for the limited purpose of providing notice to Publishers of the availability of advertisements from you to be inserted in their publications.

adMixt may also sometimes act as your agent in bidding or purchasing internet distributed advertising inventory through advertising exchanges, directly from Publishers or from other sellers of online advertising ("Ad Exchanges"). As your agent for this purpose you hereby acknowledge and agree that adMixt has the authority to bind you on your behalf to any and all terms and conditions or other agreements imposed by these Ad Exchanges. Furthermore, you authorize adMixt to collect data provided by or from or related to Ad Exchanges via cookies or other mechanisms for purposes of subsequent re-targeting, interest category categorization, or syndication to third parties.

Fees/Refunds and Payment Terms

There is an initial two (2) week free trial that is available as a courtesy to new clients only ("Free Trial"). Following the Free Trial, you agree to be billed a flat rate of $99 in advance on a rolling monthly basis, renewable automatically (the "Fee"). You may cancel at any time through the Service, however, upon cancellation please take notice that adMixt will cease operations of any advertisements it has created, and will remove all configurations the Service has established, for you. adMixt will charge this monthly Fee according to the manner of selected billing you provide for payment at the time of inception of the Free Trial.

There will be no refunds or credits for partial months of service after cancellation, or refunds for months unused with an open account. Should the authorized account not accept a monthly Fee charge, adMixt shall have the right to suspend or pause the Service without notice.

In addition to the Fee, you will pay for your own advertising costs through your own accounts with each respective Publisher or seller of online advertising. You agree to approve the advertisements the Service places and will provide a monthly estimated budget for the ad campaign. adMixt will attempt to meet that monthly estimated budget, however, adMixt cannot assure you, and makes no guarantee, that it will not go over that budget (over delivery) in any particular month. adMixt will endeavor to send regular updates on how your advertisements are performing in relation to stated expectations.

Copyright and Content OwnerShip

You retain ownership of any intellectual property rights that you hold in Your Content. You hereby warrant that you have the necessary rights to grant adMixt license for Your Content that you submit to the Service. You agree to defend, indemnify and hold harmless adMixt, its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers, distributors, and publishers, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the license granted herein.

adMixt represents that it has the title and right to use the intellectual property it uses to provide the Service. All right, title, and interest in and to the Service and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating to them are and shall remain with adMixt. Consequently, using the Service does not give you any ownership rights to any intellectual property included in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Service. You may not remove, obscure, or alter any legal notices displayed in or along with the Service.

Your Content may not include any personally identifiable information that can be used to identify an individual user, for example, a person's name, home address, email address, or phone number ("PII"). If You collect data (non-PII) directly from users (website visitors), it is your sole responsibility to provide users with legally sufficient notice of your data collection practices, post a privacy policy that provides notice of data collection practices (including your use of cookies, web beacons, pixels and other tracking mechanisms), and obtain informed consent from users. Your Content may not include any data derived from end-user data pertaining to an end-user who has opted-out of having that data used for targeted advertising. You must use industry-standard security measures in connection with your obligations under this Agreement, including industry-standard security measures for data transmission and storage.

General Conditions

adMixt is constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. To the maximum extent permitted by applicable law, adMixt disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. adMixt neither warrants that the Service will be uninterrupted/error-free nor against issues and/or bugs that may affect spend or performance. In addition, adMixt cannot warrant the performance of each respective third party for issues and/or bugs that may affect that third party’s performance. Your use of the Service is at your sole risk and is provided on an "as is" and "as available" basis.

You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service may be temporarily unavailable in the event of the following: 1) you remove the Service’s access to the Publisher(s) and/or sellers of online advertising accounts; 2) you remove the Service’s application access to your e-commerce website; or 3) you cancel or otherwise fail to keep your billing method current. adMixt will endeavor to notify you of any such conditions, but in most instances, adMixt will pause your advertising campaign rather than risk performance quality or performance predictability.

You expressly understand and agree that adMixt shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if you have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. ADMIXT WILL NOT BE LIABLE FOR ANY DAMAGES THAT ALONE OR IN THE AGGREGATE EXCEED THE FEES PAID BY YOU FOR THE SERVICE. THIS SECTION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

This agreement will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration venued in the County of New Castle, Delaware and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If any provision of this agreement is determined to be unlawful and/or unenforceable, the other provisions will continue in effect and such provision shall be construed as nearly as possible to reflect the intention of the parties. These Terms control the relationship between the parties. They do not create any third party beneficiary rights and constitute the entire agreement between the parties pertaining to its subject matter, and all previous written or oral agreements between the parties are cancelled.

Assignment: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that adMixt may assign this Agreement and its rights and obligations hereunder to any successor to its business by merger or consolidation or to any party acquiring substantially all of the assets of the party's business.