Terms and conditions
These terms and conditions (hereinafter, the "Terms and Conditions"), along with any other document mentioned therein, will govern how the clients of AscendMakers (the “Clients” and individually the “Client”) may use our platform "AscendOne" (hereinafter, the "Platform"), available through the URL https://app.ascendmakers.com.
Browsing the web, accessing, and using the Platform will be subjected to the Terms and Conditions, such that the use of the Platform will imply the Client’s express acceptance of them without any reservations. If the Client does not agree with any of the Terms and Conditions, they should not access or use the Platform.
The Terms and Conditions may be subject to successive modifications or updates, so access to and use of the Platform will imply acceptance of the Terms and Conditions in force, with the Client accepting the content of the Terms and Conditions at the time of each use of the Platform. However, we will notify the Client of any relevant changes affecting their use of the Platform and/or the services they have contracted before they take effect.
Identifying information of the Platform owner:
Owner: Ascend Business Progression Makers SL (“AscendMakers”).
Address: Calle del Poeta Joan Maragall 1, 14th floor, 28020 - Madrid
C.I.F.: B-13962097
Registration data: Mercantile Registry of Madrid, Sheet M799973, Volume 45.481, Page 25, Entry 1st.
1. Purpose
AscendMakers owns the Platform, and its purpose is to optimize the process of configuring, purchasing, monitoring, optimizing, and reporting on advertising campaigns generated on the platform. All of the above allows Clients to access a comprehensive marketing solution through the AscendOne Platform, subject to the corresponding commercial agreement. Therefore, the Client expressly acknowledges that the Platform has an exclusively business-related purpose and may only be used to carry out their own commercial or professional activities, meaning the Client's activities and not those of third parties. Consequently, the Client is not permitted to sublicense the granted license that allows access to the Platform.
Certain content and/or services are subject to their own specific conditions and may only be available if the Client has expressly subscribed to the corresponding agreement with AscendMakers for the provision of such services or availability of such content. The specific conditions of such content and/or services may replace, supplement, or, where appropriate, modify these Terms and Conditions as applicable, and only concerning the use the Client makes of such content and/or services.
2. Access and Registration
The web address for accessing the Platform is open to the public. However, access to the Platform and its specific services will require registration and payment of the amounts agreed upon between AscendMakers and the Client.
During registration, the Client must accept and strictly comply with these Terms and Conditions, as well as any license they have signed with AscendMakers, and any usage instructions or recommendations we make available on the Platform.
Access to and use of the services and content offered by the Platform requires registration and the acquisition of a license that includes such content and services. Access credentials will be provided in the form of a User, although the Client's first access must be made on behalf of their company by a person duly authorized and empowered to act on its behalf, and they may be required at any time to prove these conditions.
Subsequently, once the Client has administrator credentials, the Client may change the password provided and request the users needed for their collaborators or employees, but never for third parties outside their organization. The Client is obligated to ensure that those users accept the content of the Terms and Conditions, with such acceptance assumed by the mere use of the Platform by those users, and the Client is responsible for the use of the Platform by their collaborators or employees.
In any case, licenses must be purchased for the specific number of users that the Client, as an organization, deems necessary. To do this, once the Client has selected the type of license they wish to acquire, they will be asked to select the number of users needed for their staff, keeping in mind that each user can only be assigned to one (1) person at a time.
Access credentials are confidential and may not be disclosed to third parties under any circumstances. The Client commits to using them diligently and is responsible for any possible misuse.
Through the Platform, AscendMakers provides services in the following ways: a subscription-based service with enhanced features and support for which a monthly subscription fee must be paid (Subscription-Based Service). The scope of the Service will vary depending on the type of subscription used (Subscription Type).
These Terms and Conditions also apply during the proof-of-concept phase where the Client is allowed to experience the use of the different functionalities of the Platform. The Client is equally responsible for the investment in media made through the Platform and the campaigns created on it.
The Services will be provided as a business-to-business SAAS service for companies that need to manage their advertising campaign activity in an automated and integrated manner. The contract covers one company in one country. For exceptions such as franchisees or stores of the same company but operating with different CIF, a specific annex must be added for these users who are not employees of the contracting company to be able to use the platform.
In any case, AscendMakers will have the right to deactivate any credentials or passwords at any time, whether initially assigned or modified by the Client if AscendMakers has reasonable suspicion that the Client or their employees or collaborators have not complied with the Terms and Conditions or the corresponding license for the use of the Platform. If the Client becomes aware of or suspects this has happened, they must inform AscendMakers immediately via the email address security@ascendmakers.com.
AscendMakers will not, under any circumstances, be responsible for the accuracy or reliability of the data provided by the Client, with the Client being solely responsible for any possible consequences, errors, or failures related to the use of the data provided to AscendMakers.
Passwords will be valid for 6 months and must be generated according to the security criteria and guidelines we deem appropriate at any given time. They may be modified by the Client whenever deemed necessary.
3. Data Protection & User Responsibility
Any personal data provided while the Client uses the Platform will be processed and used by AscendMakers in accordance with our Privacy Policy (which can be reviewed here), which will be expressly accepted by the Client to allow them to use the Platform.
Notwithstanding the above, AscendMakers and the Client commit to comply, as applicable, with the provisions of Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights and its implementing regulations, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The Client is informed that their personal data will be processed to manage the contractual relationship and facilitate communication between AscendMakers and the Client. In cases where AscendMakers acts as the data processor for the Client's personal data, the Data Protection Agreement ("DPA"), which is attached as an Annex to these Terms and Conditions, will apply.
The Client is responsible for all activity conducted through their user accounts and must comply with all applicable regulations regarding their use of the Service. Among other applicable obligations, the Client must: (i) immediately notify AscendMakers of any unauthorized use of any password or account or any other known or suspected security breach; (ii) not impersonate another AscendMakers user or provide false identity information to gain access to or use the Service; (iii) not use the Service to engage in any illegal acts; (iv) The Client is solely responsible for all text, logos, images, and creative content they may introduce into the Platform, provided they are authorized to do so ("Client Content"), and is also responsible for the creative content of all advertising campaigns that may be generated through the use of the Services.
The Client represents and warrants that (i) any Client Content provided is and will be accurate, complete, and up-to-date; (ii) they have all necessary rights and are fully authorized to publish the Client Content; and (iii) all Client Content complies with the requirements set forth by Google and Microsoft on their respective websites, as applicable, including trademark policies, policies regarding minors, editorial guidelines, and creative limitations published therein.
The Client is solely responsible for the media investment made through the Platform. The use of the Platform does not exempt the Client from their responsibility for payment commitments to third parties. If AscendMakers assumes any responsibility related to the Client's media investment, it must be documented in writing and signed by both parties.
4. Intellectual Property
All intellectual, industrial, and any other analogous property rights over the Platform, the information, and materials contained therein, including but not limited to the Platform itself, its texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, and any other information, content, or service available through the Platform, are the property of AscendMakers or have been licensed to it by their respective owner.
The use of the Platform and/or any of its content will not, in any case, imply the waiver, transmission, or transfer, in whole or in part, of the aforementioned rights. The Client is granted the right to use the Platform and its services solely for their own commercial information purposes, in accordance with the Terms and Conditions and the corresponding license granted to them, along with any other document referenced in these Terms and Conditions applicable to any of such services available through the Platform.
References to trademarks or trade names or other distinctive signs on the Platform imply a prohibition on their use without the written consent of AscendMakers or their legitimate owner. Accessing, browsing, and using the Platform does not grant the Client any rights over such trademarks or trade names, including logos.
We expressly reserve all intellectual, industrial, and any other analogous property rights over the Platform and its contents and services. AscendMakers does not permit the modification, copying, reproduction, communication, transformation, or distribution by any means or form, in whole or in part, of the Platform or any of its contents for any public purpose, except with the prior, explicit, and written authorization of AscendMakers.
Furthermore, it is prohibited to remove or manipulate copyright notices or any other credit identifying the rights holders of the contents on the Platform, as well as technical protection devices, digital marks, or any protection or information mechanisms incorporated into the Platform.
In the event that the Client sends us or, being authorized to do so, sends third parties any information through the Platform, the Client acknowledges, warrants, and agrees that they have the necessary rights to do so, and that such information does not infringe the intellectual, industrial, or any other analogous property rights of third parties, and that such information is not confidential or harmful to third parties. In this regard, if expressly provided for in the commercial terms signed with the Client, they grant AscendMakers a license to use the information provided through the Platform, as necessary, to provide the services and/or content requested. The Client acknowledges and agrees that they will be responsible for the information provided, including its accuracy, and agrees to hold AscendMakers harmless from any claims that may be directed against us by any third party based on the Client's breach of these Terms and Conditions and/or the license granted to them, expressly extending this indemnification obligation to any claim that may be directed against any of our clients or suppliers.
If the Client suspects or is informed of the existence of any illegal or unlawful content, including content that may infringe the intellectual, industrial, or any other analogous property rights of third parties, they must notify AscendMakers immediately via the following email address to ensure that appropriate measures can be taken: security@ascendmakers.com.
Similarly, if the Client believes that the Platform infringes their own intellectual, industrial, or any other rights, they should send us an email to the aforementioned address with the following information:
a. Identification of the claimant and their representative, including contact information.
b. Relevant documentation supporting the claim, identifying the rights holder of the infringed rights.
c. A detailed description of the rights allegedly infringed and their exact location within the Platform.
d. An express statement that the content has been used without the consent of the rights holder.
The procurement and presentation of the services offered through the Platform, its Know-How, and the information and database it incorporates (hereinafter, the "Information") have involved a substantial investment, which the Client expressly acknowledges; therefore, such Information constitutes a sui generis database in accordance with applicable intellectual property regulations, and the extraction and/or reuse of all or part of the Information is expressly prohibited.
In this regard, the Client may only access and use the Information under one of the licenses offered by AscendMakers and solely for the use described therein.
No actions by the Client that contradict the commercial exploitation of the Information for the purposes described in the agreements reached with the Client, that could harm the legitimate interests of AscendMakers or its group of companies, their reputation, or the commercial image of the foregoing, or the intellectual, industrial, or analogous property rights of third parties, are permitted.
5. Devices and Equipment
The Client must have the appropriate devices and a necessary connection to access the Platform and is responsible for any costs associated with the mentioned equipment and its connection to the Internet.
The Client will require a compatible web browser installed in its latest available version. In this regard, AscendMakers will attempt to resolve errors or issues related to the display and experience of the Platform, but only if they occur in any of the supported browsers at any given time, which are currently the following:
i.Chrome
ii.Firefox
iii.Safari
iv. Microsoft Edge
AscendMakers may stop supporting any of these browsers at any time at its sole discretion. Thus, when one of the mentioned browsers ceases to be compatible, we will not be able to resolve any potential issues arising from its use.
AscendMakers will not be responsible if the Client is unable to access or use the Platform due to an Internet overload or due to failures or problems related to the devices, equipment, and/or networks that they are using.
6. Prices, Subscription, and Payment Method
The Client's access to and use of the Platform will be possible during the agreed subscription period and will be subject to the payment of the amounts agreed upon in the commercial agreement signed with AscendMakers.
If during the subscription period any payment from the Client cannot be processed for reasons beyond AscendMakers' control, AscendMakers will have the right to suspend access to the Client's account, which will only be reinstated once AscendMakers has verified that the payment has been successfully processed. In such a case, the corresponding subscription fee will not be prorated for the days the payment was not made, maintaining the initial subscription period duration and the agreed payment schedule. In the event of non-payment, AscendMakers will have the right to charge the Client late payment interest in accordance with applicable law.
AscendMakers offers a trial (Trial) to allow potential Clients and End Users (Trial Users) to familiarize themselves with the Services. A Trial may vary in duration between one and eight weeks and will have functionalities adapted and an explicitly established and accepted cost by both parties through a commercial agreement between AscendMakers and the Client. AscendMakers will determine, at its sole discretion, the additional terms applicable to a Trial for a specific Trial User.
Nevertheless, all the terms described in these Terms and Conditions apply to the use of the Services by the Trial User during the Trial. All Trial Users are subject to the End User Terms.
Upon the conclusion of the trial period determined by AscendMakers, the accounts of the Client and the Users created for the Client will be automatically deleted, unless the Client wishes to continue with the paid service from AscendMakers.
7. Prohibited Uses of the Platform The use or access to the Platform for illegal, immoral, or contrary to good customs purposes is expressly prohibited. Specifically, the following are not allowed: Using the Platform for any purpose not expressly provided for in these Terms and Conditions or in the corresponding license granted to you. Using the Platform for the benefit of third parties. Using the Platform in any way that may cause damage, interruptions, inefficiencies, or malfunctioning of the Platform or any third-party device. Using the Platform for the transmission, installation, or publication of any virus, malicious code, or any other harmful file. Using the Platform for collecting personal data. Engaging in actions such as web scraping or similar activities. Using the Platform in an illegal manner or in a way that promotes or encourages illegal or potentially illegal activities. Unauthorized access to any section or module of the Platform, any system or network connected to the Platform, or any server used by Us or Our provider(s), as well as access to services offered through the Platform, through hacking, password extraction, or any other illegitimate means. Breaching the security or authentication measures of the Platform or any network connected to the Platform, as well as the security or authentication measures associated with the content hosted on the Platform. Performing any action that may cause an unnecessary or disproportionate load on the Platform, or that may damage, disable, or overload its infrastructure, or the systems and networks used by Us or Our provider(s), as well as the systems and networks connected to the Platform. Engaging in any action that causes disproportionate or unnecessary saturation on the Platform’s facilities or on the systems or networks used by Us or Our provider(s), as well as on the systems and networks connected to the Platform. The Client's failure to comply with any of the above obligations or any other obligation of the Terms and Conditions or the commercial agreement that may be signed with AscendMakers may lead to the application of measures that AscendMakers deems necessary or convenient, without the obligation to compensate the Client for any damages that may result. Consequently, AscendMakers expressly reserves the right to suspend, block, modify, restrict, or temporarily or permanently interrupt the Client's access, navigation, and/or use of the Platform, with or without prior notice, if We observe that the Client is (or We reasonably suspect that the Client is) violating any of the provisions detailed in the Terms and Conditions or any other applicable terms.
8. Representations and Warranties AscendMakers has taken all reasonable measures within its reach, considering its capabilities and the state of the art, to ensure the functioning of the Platform and to minimize system failures, both from a technical standpoint and regarding the content published on the Platform. However, AscendMakers cannot guarantee the reliability, usefulness, and truthfulness of all Information, services, and/or content available on the Platform, nor the usefulness and truthfulness of any documentation, file, or information generated using the Platform, and/or Information provided by third parties. Consequently, AscendMakers cannot guarantee and will not be responsible for: The continuity of the content and services available on the Platform. The absence of errors in the Platform and/or in the services. The absence of viruses and/or any other harmful component in the Platform or the server that provides it.
The invulnerability of the Platform or the security measures adopted. The lack of utility or malfunction of any of the content or information on the Platform. The damages or harm caused by any person who violates the Terms and/or the license, whether caused to themselves or third parties. AscendMakers will not be responsible for, including but not limited to, the circumstances listed below, nor for the damages that may arise as a consequence of: Delays, deletion, incorrect delivery, or personal settings of the Platform. Decisions made by the Client because of the Information provided through the Platform, or actions based on the Information contained therein. The content: the information that the Client uploads to the Platform, or any material, content, or advertising communicated through it. Viruses or any other harmful component generated by the Client's systems and devices. Damage caused to the Client's or third parties' equipment during the use of the Platform. Possible security errors or breaches that may occur as a result of the Client or any other user accessing the Platform using an infected device. The use by third parties of elements owned by AscendMakers that may be misleading in terms of identifying these third parties. Intellectual property infringements by third parties. Infringements by third parties that may affect the Client and other users of the Platform, as well as other websites and/or systems operated or managed by AscendMakers. Failures in the operation of the Platform or any of its services as a result of circumstances beyond our reasonable control. Consequences arising from the malfunction of the Client's browser, the use of versions not supported by the Platform, or the use of outdated versions of the same. The existence of viruses or malicious or harmful programs in the content. The illegal, negligent, fraudulent use of the Platform, contrary to the Terms and Conditions, the commercial agreement signed with AscendMakers, good faith, and public order. Any damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks or any other electronic systems that cause the suspension, cancellation, or interruption of services and/or affect the availability of the Platform at any time. AscendMakers cannot guarantee the reliability, legality, and usefulness of the content provided by third parties through the Platform. If the Client becomes aware of any illegal, illicit content or content that infringes the rights of third parties, they must notify AscendMakers immediately so that appropriate measures can be taken. AscendMakers is not responsible for the truthfulness, completeness, or timeliness of the Information published on the Platform from sources outside AscendMakers. This also applies to the information contained on other platforms or websites linked from the Platform; AscendMakers is not responsible for any damages that may arise from the use of such information.
AscendMakers will not be responsible for any delay or failure to fulfill its obligations under these Terms and Conditions if the delay or failure is due to any cause beyond its reasonable control, such as: force majeure, problems accessing the Internet, technological issues beyond its diligent and reasonable management, actions or omissions of third parties, among others. In all the aforementioned cases, which are beyond AscendMakers' control and due diligence, there will be no compensation for the Client for damages or losses.
9. Duration and Termination
These Terms and Conditions will come into effect between the Client and AscendMakers when the Client accepts them upon contracting the corresponding license and begins to use the Platform. Except for the obligations the Client assumes indefinitely within these Terms and Conditions, they will remain in effect until (i) the Client withdraws from any free trial that may be granted, (ii) the Client cancels the contracted license according to the agreed terms and conditions and within the agreed time frame, or (iii) AscendMakers cancels or suspends the Client's account following any of the cancellation causes described in these Terms and Conditions.
We may terminate the agreement with the Client in case of non-compliance with any of the obligations assumed by the Client; particularly in the following cases: - Failure to pay the agreed amounts under the agreement signed with the Client. - Infringement of the rights of AscendMakers and/or any third-party rights, particularly concerning the Information offered through the Platform. - Inappropriate use of the Platform contrary to these Terms and Conditions and/or the license or Information. - AscendMakers' discontinuation of the provision of services related to this Platform, for any reason. In such a case, the Client will not be entitled to receive any compensation beyond the compensation due under the law for the period during which the Services were paid in advance and could not be effectively provided.
In any case, when the termination of this agreement occurs, the Client will cease using the Information and services provided by AscendMakers on the Platform and will destroy any digital and/or physical copies of them.
10. Confidentiality
The Client declares that they will treat all data, documentation, and information obtained as a result of using the Platform strictly confidentially indefinitely, including the existence and content of the commercial agreement signed between AscendMakers and the Client, all commercial, financial, operational, technical, and marketing information, and any other secret or proprietary information or that should be treated as confidential, concerning AscendMakers, the Platform, or any third party (hereinafter, "Confidential Information"). The Client agrees indefinitely not to disclose or divulge the Confidential Information to any other person or entity and acknowledges that they have no right to reproduce, use, sell, display, exhibit, publish, or disclose it in any other way without our prior written consent. In case of breach of this confidentiality obligation, the Client agrees to indemnify AscendMakers or the companies within its group that may have been harmed by such breach for all damages caused, without any limitation. The Client declares that their employees and collaborators using the Platform have signed the corresponding agreements to assume this confidentiality commitment.
11. Miscellaneous
The headings of these Terms and Conditions are for informational purposes only and do not affect, qualify, or serve to interpret their content. Even if the Client has violated these Terms and Conditions, the absence of action against them will not, in any case, be considered as a waiver of AscendMakers' rights under applicable laws. If any of the Terms and Conditions is rejected or declared ineffective by a competent authority, such invalidity will not affect the remaining provisions, which will continue to apply. Unless expressly recognized by AscendMakers in writing, the Client acknowledges that these Terms and Conditions will prevail over any other document of general terms and conditions that may regulate their relationship with AscendMakers concerning the use of the Platform. The use of the Platform and any dispute related to these Terms and Conditions will be subject to common Spanish law and will be interpreted and enforced following it, with the Client submitting to the courts and tribunals of Madrid (Spain), with express and voluntary waiver of any other applicable jurisdiction.