KLINGO ADVERTISING FEATURE TERMS (Facebook, Instagram and Google)

Version 1.2

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1. Scope

1.1. These Terms govern the "Ads" feature of the Klingo platform (the "Feature"). The client business (the "Business") uses the Feature to create and manage ads on Facebook and Instagram, services of Meta Platforms Ireland Ltd ("Meta"). The ads run from the Business's own Meta ad account. The Feature is provided by OFFLINE Ι.Κ.Ε., VAT no. 801765973, ΓΕΜΗ 162926003000, Σταδίου 39, 105 59 Αθήνα ("Klingo").

1.2. These Terms supplement Klingo's Terms of Use (https://klingo.gr/terms) and the Data Processing Agreement (DPA, https://klingo.gr/legal/dpa). On matters concerning the Feature, these Terms prevail if there is a conflict.

1.3. These Terms apply accordingly when the Business connects its own Google Ads account, a service of Google Ireland Ltd ("Google"). In that case, where these Terms refer to Meta, the Meta Terms or Ads Manager, they mean respectively Google, Google's advertising terms and the Business's Google Ads account. The connection is made through Google's authorisation flow. Klingo requests only the permission to manage ads (Google Ads API).

1.4. The Feature is for businesses and professionals only.

2. Roles: the Business advertises, Klingo provides the tool

2.1. The Business is the advertiser. Campaigns are created in the Business's ad account and published under the Business's Facebook Page and Instagram account. The Business contracts directly with Meta, including under Meta's Self-Serve Ad Terms, Commercial Terms and Advertising Standards ("Meta Terms"). It pays Meta directly, using the payment method set up in its own account.

2.2. Klingo is not a party to the Business's contract with Meta. Klingo:

  • does not buy, resell or pre-fund advertising;
  • does not collect, hold or pass on the Business's money to Meta;
  • is not responsible for Meta's charges, invoices, taxes or refunds.

The Business deals with Meta directly on any billing, invoicing or refund matter.

2.3. Mandate and authorisation. The Business instructs and authorises Klingo to act in the Meta assets the Business connects, only in line with the settings and approvals the Business gives in the app. In particular, Klingo may:

  • (a) create campaigns, ad sets and ads, and activate, modify, pause and end them;
  • (b) set the budget, duration, location and age range the Business chooses;
  • (c) use in ads the name, services, website address and images the Business provides;
  • (d) declare to Meta the beneficiary and payer details in clause 6;
  • (e) read campaign performance statistics and basic details of the connected Meta assets (IDs, names, currency, account status) to display them in the app.

Klingo will not activate an ad or increase a budget without an action or approval by the Business in the app. It will not change the payment method, users, roles or security settings of the Business's Meta assets.

2.4. Authority. The user who connects the Meta assets confirms two things:

  • that they act on behalf of the Business;
  • that the Business owns those assets or is entitled to manage them and to grant third-party access.

Where ads promote a third party, the Business is responsible for holding that party's permission.

2.5. No guaranteed results. Meta decides how, to whom and how often ads are delivered, using its own automated systems. Klingo does not guarantee impressions, clicks, bookings or revenue. Statistics are shown as Meta reports them, and Meta may revise them.

3. Access, tokens and revocation

3.1. Connection. The Business connects through Meta's Facebook Login for Business flow, where it chooses which Meta assets and permissions to grant to Klingo's app. Klingo requests only the permissions the Feature needs: ads_management, ads_read, business_management, pages_show_list, pages_read_engagement, pages_manage_ads, instagram_basic.

3.2. Safekeeping. Klingo:

  • stores access tokens encrypted;
  • never displays them to users;
  • does not transfer them to third parties, other than processors that help run the app;
  • uses them only for the Feature and only for the Business that granted them.

Each Business's data is kept separate from other Businesses' data.

3.3. Revoking in Klingo. The Business can disconnect its Meta assets from the app at any time. When it does, Klingo:

  • (a) pauses the active campaigns it created through the Feature, unless the Business expressly chooses to keep them running;
  • (b) revokes the app's permissions on Meta;
  • (c) deletes the access tokens.

3.4. Revoking in Meta. The Business can also remove Klingo's access directly in Meta's settings. In that case Klingo can no longer pause or change campaigns. Campaigns keep running, and Meta keeps charging for them, until the Business stops them itself in Ads Manager.

3.5. Spend after a pause. Meta may keep delivering, and charging for, ads for a short time after a pause or cancellation. Under Meta Terms, that spend is borne by the Business.

3.6. Expired access. If a token expires or becomes invalid, Klingo notifies the Business in the app and asks it to reconnect. Until it does, Klingo cannot manage the campaigns.

3.7. Change of Plan. If the Business's Plan stops including the Feature (for example after a downgrade or the end of a trial), Klingo pauses the active campaigns created through the Feature. The connection is kept, so that the Business can see the campaigns' status, stop them or disconnect. Clause 3.5 applies.

4. The Business's responsibilities

4.1. The Business is responsible for:

  • (a) the content of every ad it approves, even if Klingo suggested the text or image;
  • (b) the accuracy and legality of the website or landing page the ad links to;
  • (c) the legality of the services it promotes;
  • (d) compliance with Greek Law 2251/1994 (in particular the ban on misleading practices) and with its sector's specific rules, e.g. for medical, paramedical and cosmetic services;
  • (e) the intellectual-property and image rights in the material used;
  • (f) compliance with Meta Terms and the Advertising Standards.

4.2. The Business must not use the Feature for:

  • political or social-issue ads;
  • products or services that Meta prohibits or restricts;
  • ads aimed at minors;
  • health or appearance claims that cannot be substantiated.

The Feature allows targeting of adults only (18 and over). It does not offer targeting criteria that reveal special categories of data (e.g. health, religion, sexual orientation).

4.3. Paying Meta. The Business must keep a valid payment method on its account and settle Meta's charges. The budget it sets in the app is an instruction to Meta for spend that Meta charges directly to the Business.

4.4. Account restriction risk. Meta may reject ads, or restrict, suspend or disable the Business's ad account, Page or Business portfolio, if it considers that its policies have been breached. The Business acknowledges that:

  • (a) these decisions are made by Meta alone;
  • (b) they may also affect the Business's ads or activity outside Klingo;
  • (c) the Business itself files any appeal with Meta.

Klingo shows in the app the status and the reason for any rejection or restriction, as Meta reports them. Klingo is liable only where the restriction results from its own action that departs from the Business's instructions (clause 7.2).

4.5. Klingo may decline to activate, or may pause, a campaign created through the Feature if it reasonably believes that the law, Meta Terms or these Terms are being breached, or that its app's access to Meta is at risk. It then notifies the Business in the app and explains the reason.

5. Klingo's fee

5.1. For the Feature, Klingo charges 1% of the ad spend (as reported by Meta/Google) + VAT, invoiced monthly. Klingo's fee is separate from spend on Meta. Klingo invoices it with the applicable VAT, through the subscription or the payment method the Business has registered with Klingo.

5.2. Klingo's fee is not netted against, and does not depend on, Meta's charges. Klingo receives no commission or other payment from Meta for the Business's ads.

6. Transparency: Digital Services Act (DSA)

6.1. For ads shown in the EU, Meta, as the platform, shows users:

  • on whose behalf the ad is presented (beneficiary);
  • who paid for it (payer);
  • the main targeting parameters.

Meta publishes this information, together with the ad, in its Ad Library for at least one year after the ad was last shown (Articles 26 and 39 of Regulation (EU) 2022/2065). For this purpose, Meta asks the advertiser to declare the beneficiary and payer.

6.2. The beneficiary and payer are the Business. Klingo pre-fills the legal name the Business has entered. The Business:

  • confirms or corrects it before the first activation;
  • warrants that it is accurate;
  • accepts that Meta will display it publicly.

Klingo is not declared as payer, because it does not pay for the ads.

7. Liability

7.1. Klingo is not liable for:

  • Meta's decisions, policies, outages, charges or measurement errors;
  • ad performance;
  • lost revenue or customers;
  • spend incurred after access was revoked directly in Meta (clause 3.4).

7.2. Klingo is responsible for correctly carrying out the Business's instructions. If, through Klingo's error, spend on Meta exceeds the settings the Business approved (e.g. a larger budget or a longer duration than approved), Klingo compensates the Business for the excess spend, to the extent Meta does not refund it.

7.3. Subject to mandatory law (in particular for intent and gross negligence), Klingo's total liability arising from the Feature is capped at the greater of (i) Klingo's fees for the Feature in the previous 12 months and (ii) the excess spend under clause 7.2.

7.4. The Business indemnifies Klingo for losses, penalties and reasonable costs arising from third-party claims, or from measures by Meta or authorities, caused by the Business's breach of clauses 2.4, 4.1 or 4.2.

8. Data protection

8.1. Klingo as processor. For the data that Klingo receives or handles through Meta's API on the Business's behalf, Klingo acts as a processor for the Business, under the DPA and Art. 28 GDPR. That data is: Meta asset IDs and names, campaign settings, aggregated statistics and access tokens. Klingo processes it only to provide the Feature and not for its own purposes. This does not cover Klingo's own account, billing and security data, for which Klingo is the controller under its Terms of Use.

8.2. Meta as independent controller. Meta delivers the ads and selects which users see them, using data it processes as a controller under its own terms and Privacy Policy. Meta is not Klingo's processor or sub-processor. The relationship between the Business and Meta for that processing is governed by Meta Terms, to which Klingo is not a party.

8.3. No customer data. The Feature does not send Meta any personal data of the Business's customers from Klingo's CRM. In particular, it does not:

  • upload customer lists, not even hashed;
  • create Custom or Lookalike Audiences;
  • install a Meta Pixel or SDK;
  • send events through the Conversions API.

Any such feature in the future will require new terms, a separate explicit choice by the Business and, where needed, the consent of customers and visitors.

8.4. Deletion. After disconnection or the end of the subscription, Klingo deletes the data in clause 8.1 within 30 days. Tokens are deleted immediately. The following are kept:

  • aggregated, non-identifying statistics shown in the Business's history;
  • records Klingo must keep by law or as proof of consent.

Klingo also carries out deletion requests forwarded to it by Meta.

9. Term and changes

9.1. These Terms apply from acceptance until the Meta assets are disconnected or the subscription ends, whichever comes first. Clauses 3.4, 3.5, 7 and 8.4 survive.

9.2. Klingo may amend these Terms on at least 30 days' notice in the app and by email. Changes required by Meta or by law may take effect sooner. A new version must be accepted again before the next campaign is activated.

10. Governing law

Greek law applies. The courts of Athens have jurisdiction.

References:Meta Self-Serve Ad Terms (https://www.facebook.com/legal/self_service_ads_terms) · Meta Commercial Terms (https://www.facebook.com/legal/commercial_terms) · Advertising Standards (https://transparency.meta.com/policies/ad-standards/) · Meta Privacy Policy (https://www.facebook.com/privacy/policy) · Ad Library (https://www.facebook.com/ads/library) · Google Ads Terms and Conditions (https://ads.google.com/intl/en/terms/) · Google Ads policies (https://support.google.com/adspolicy/answer/6008942) · Google Ads API Terms and Conditions (https://developers.google.com/google-ads/api/docs/terms)

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