These Terms and Conditions apply to:
Voice Marketing: All publication/ Advertisements/ campaigns/ promotions/ co-operations for blueShepherd Voice Assistant products. Currently, this encompasses: Daily Wins Alexa Skill, Daily Bargain Alexa Skill, Daily Samples Alexa Skill, Daily Tests Alexa Skill, Daily Checks Alexa Skill and other Voice Assistant Assets (such as Google Assistant, Bixby etc.) as and where applicable.
Digital Marketing: All publication/ Advertisements/ campaigns/ promotions/ co-operations for blueShepherd on the “Websites” www.daily-wins.com, www.daily-bargain.com, www.daily-samples.com, www.daily-tests.com, www.daily-checks.com, www.thevoicemarketer.com, www.thevoicemarketer.health, www.sprachassistentin.de & www.blueShepherd.de (the “Website(s)”); and other digital assets such as Social Media Sites of products and brands owned and or managed by blueShepherd.
Partner Assets: All publication/ Advertisements/ campaigns/ promotions/ co-operations booked through the blueShepherd’s partner Digital and Voice Marketing assets.
(together “Promotion” for publication/ Advertisements/ campaigns/ promotions/ co-operations activities).
The following terms (the “Self-Service Promotion Terms” or “Self-Service Platform”) apply to your use of blueShepherd GmbH Products (such as the Self-Service Promotion interfaces and APIs) for creation, submission and/or delivery of any Promotion or other commercial or sponsored activity or content (collectively, the “Self-Service Promotion Platform”) and any order you place through the Self-Service Platform (“Order”) for the Voice Marketing and or Digital Marketing promotion purposes.
You can target your desired audience (for example, particular region) by delivering promotions to be delivered on Voice Marketing Assets such as Alexa Skills and or Digital Marketing Assets such as the website daily-wins.com or any place where we serve your promotion. Please see the Voice Marketing, Digital Marketing and Partner Assets details mentioned in the points mentioned above.
- When you place an Order, you will tell us the type of promotion you want to buy, the amount you want to spend and the promotion period. If we accept your Order, we will deliver your promotion as inventory becomes available (for example, User asks the skill for your promotion). When serving your promotion, we use our best efforts to deliver the promotions to the audience you specify or to achieve the outcome you select, although we cannot guarantee in every instance that your promotion will reach its intended target or achieve the outcome you select.
- Your promotion must comply with all applicable laws, regulations and guidelines, as well as our Advertising Terms and Conditions. Failure to comply may result in a variety of consequences, including the cancellation of promotion that you have placed and termination of your account.
- We may reject or remove any promotion for any reason with or without notifying you in advance or after the rejection or removal.
- You will pay for your Orders in accordance with the following:
- You will comply with our Payments Terms to the extent applicable;
- You will pay all amounts specified in each Order you place, along with any applicable taxes. The amount you owe for each Order will be calculated based on our tracking mechanisms of blueShepherd tools and systems.
- By placing an Order, you authorize us to obtain your personal and/or business credit report from a credit provider office, either when you place an Order or at any time thereafter.
- You are responsible for maintaining the security of your (promotion) account, and you understand that you will be charged for any Orders placed on or through your account.
- If you are making direct debit payments, you agree that we can charge you any amount that falls within the range that you agreed to upon sign-up. We will notify you in advance if any charge will exceed the agreed-upon range.
- You can cancel an Order at any time, but your promotions may run for 24 hours after you notify us, and you are still responsible for paying for all promotions that run. Although we do every effort to manage it real-time.
- The amounts that we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify and hold us harmless from and against any claim arising out of your failure to do so.
- If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection, including reasonable legal fees. Past due amounts will accrue interest at 2% per month or the lawful maximum, whichever is higher.
- We may allow you to purchase promotions with an “Prepaid Payment”, that can be used solely to purchase promotions. Prepaid payments are only for business or commercial purposes. Prepaid payments are non-refundable except where required by law. blueShepherd is not a bank and does not offer banking services; accordingly, Prepaid payments do not earn interest, are not deposit obligations and are not insured by the local or international Banking and or Insurance Corporation or any other entity, whether governmental or private.
- You will fall under one of two categories depending on your payment method: invoiced or non-invoiced client. Invoiced clients are those to whom blueShepherd extends a credit line and issues invoices on a periodic basis for payment in accordance with the applicable invoicing terms. Non-invoiced clients are those who make payments at the time of purchase itself or prepay it. In its sole discretion, blueShepherd may classify clients as invoiced clients based on factors such as promotion spend and creditworthiness.
- From time to time, we need to test improvements to our audiences and delivery systems, which could impact your promotions. Our testing is designed to improve the effectiveness of your promotion performance. We reserve the right to test when we believe it will be beneficial for promotion performance.
- We will determine the time, location, device etc. criterion for your promotions.
- Scheduling of delivery is subject to availability and may not be continuous.
- We do not guarantee the reach or performance that your promotions will receive, such as the number of people who will hear and or see your promotions or the number of interactions your promotions will generate.
- We cannot control how interactions are generated for your promotions. We have systems that attempt to detect and filter certain interaction activity, but we are not responsible for interaction fraud, technological issues or other potentially invalid interactions that may affect the cost of running promotions.
- Our licence to deliver your promotions will end when we have completed your Order. You understand, however, that:
- Once delivered, promotions are public information. Promotions may be accessed outside of the targeted promotional audience. If users have interacted with your promotion, your promotion may remain on or in our Products (e.g. visible to users through their Alexa Apps or account tools).
- You consent that blueShepherd may disclose your advertising content, and all information associated with your advertising, to a governmental entity or body if blueShepherd believes that disclosure would assist in a lawful investigation.
- We will provide you with reports about the kinds of user interacting with your promotions and how your promotions are performing. Your use of these reports is subject to the Data Use Restrictions in our Advertising Terms and Conditions.
- You will not issue any press release or make public statements about your relationship with blueShepherd or the blueShepherd Products without our prior written permission. Please contact email@example.com for such purposes.
- If you are placing promotions on someone else’s behalf, you must have permission to place those promotions, and agree as follows:
- You represent and warrant that you have the authority to bind the advertiser to these Self-Service Platform Terms and Advertising Terms and Conditions
- If the advertiser you represent breaches these Self-Service Platform Promotion Terms or the Advertising Terms and Conditions, we may hold you responsible for that breach.
- You agree that we may provide promotion reporting information to the end advertiser for whom you placed a promotional campaign.
We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through the Self-Serving Platform. To the extent that those supplemental terms conflict with these Self-Serving Platform Terms, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these Self-Serving Platform Terms from time to time and your continued use of the Self-Serving Promotion Platform constitutes acceptance of those changes.
These Self-Serving Platform Terms will terminate in the event of any termination of the Advertising Terms and Conditions, but the following provisions will still apply: the lead-in paragraph, Sections 2, 4, 8-12 and this paragraph.
Last updated in October 2020