Terms and Conditions

Welcome to miob.io (the "Website"), owned and operated by Miob Corp, a Delaware corporation having its principal offices at 1007 N Orange St. 4th Floor, Wilmington, DE, New Castle, 19801 (hereinafter referred to as "miob").

The following Terms of Use ("Terms") govern the access to and use of our Services (as defined below). Please read these Terms carefully.

By using our Services, you must be a registered user and have an advertising account with Google (www.google.com). Your use of the Services signifies your unconditional consent and acceptance of these terms and conditions (including those governing the processing of personal data). By clicking the "I agree" box when you sign up for the Services, you are entering into a legally binding agreement with miob.

Definitions In these terms and conditions, certain definitions (identified with initial capitalization) used shall have the meaning as specified on Google. Additionally, the following definitions apply:

"Agreement" means these terms and conditions, including all policies, procedures, and guidelines that appear on the Website from time to time, as well as all Google Terms.
"Ads Content" means any and all information and files that you post on Google by the use of our Services.
"Google Terms" means any and all terms and conditions, including policies, procedures, and guidelines on Google from time to time and currently published onhttps://policies.google.com/terms.
"Membership" means the subscription service that entitles you to use miob to publish and manage ads on Google.
"miob" refers to miob's advanced management tool for Google ads, which is used to provide the Services.
"Trial Period" means the subscription service that entitles you to test miob as a normal paying user for a total period of 14-days without payment.
"Services" means the web-based features and services included in, and provided as part of, miob.

Use of Services The Website is not intended for individuals under the age of 18. miob does not target its Services or the Website to individuals under the age of 18 and does not knowingly collect Personal Data (defined in Section 6 below) from individuals under the age of 18.

Miob grants you a non-exclusive, non-transferable, revocable, limited, personal right to use and access our Services. miob does not authorize other use or access, including, without limitation, by robots, spiders, crawlers, and scraping technologies. You are responsible for your own username and password ("Login Information") and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access Services through your Login Information ("Authorized Users"). You and your Authorized Users may use Services only for your own business, not to access Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Services.

Miob is a technical application, providing advanced management tools for Google ads. Therefore, to use Services, you must be a registered Google user and have an advertising account with Google.
Pricing The fee for the Membership (the "Membership Fee") shall be as quoted in miob's current price list, which can be reviewed at miob.io. All prices provided by miob are (unless otherwise stated) exclusive of taxes and duties. You will have to provide a valid credit card or other payment method at the time of signing up for Membership.

Miob reserves the right to modify the Membership Fee and the prices for other Services from time to time in its sole discretion to cover any increase in miob's costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations, or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum due for the Membership in respect of any set-off or counterclaim against miob. You are not entitled to withhold payments by reason of any alleged defect in the Membership and/or other Service(s). Under no circumstances are you entitled to a refund or reimbursement of fees paid to miob.

If you sign up for a Trial Period, miob will require you to provide it with a valid credit card or other payment method and start charging you automatically on the first day after the Trial Period is over, unless you cancel your account before the end of the Trial Period.

You remain responsible at all times for the direct payment of the ads, if any, purchased through Services to Google.
Disclaimer and Limitation of Liability miob merely provides you with a technical application for advanced management of Google ads. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Google. You further agree and acknowledge that miob does not prescreen the Ads Content, but miob shall have the right, in its sole discretion, to review, reject, or remove any Ads Content transmitted by the use of miob.

Miob assumes no responsibility or liability for any errors, costs, loss, disclosure of, or related to Ads Content or other information or data not being transferred to or published on Google or caused by a malfunction in a transfer facility.

YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MIOB DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIOB SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED FROM MIOB OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Miob is not liable for any delay in the performance of its obligations under these Terms caused by circumstances that were not reasonably foreseeable by miob at the time of entering into these Terms and the effects of which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Google, disruption or delay in external networks or telephony connections, or shortage in power supply. miob shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the use of miob or Services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.

Miob's aggregate liability arising out of the use of miob and/or Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid to miob in the past twelve (12) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, miob's liability will be limited to the fullest extent permitted by applicable law.
Intellectual Property Rights All copyright, designs, patents, trademarks, trade names, and other intellectual property rights ("IPR") in and to miob or displayed on the Website are and shall remain the exclusive property of miob. You do not acquire any IPR to miob apart from the right of use under these Terms. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale, and any other usage of the IPR of miob is prohibited and may result in civil and criminal penalties. By transmitting, sending, or posting any Ads Content by the use of the Services, you grant miob the non-exclusive, sublicensee, and perpetual license to use, copy, display, modify, or otherwise dispose of any such Content for any purpose.
Data Collection When you visit the Website and/or use miob, you provide miob with information as may be collected as you interact with the Website and/or miob. miob is entitled, in its sole discretion, to save and freely dispose of any such information (including but not limited to all Ads Content).

Submitting your name and e-mail address, as well as any other requested personal data or any other personally identifiable information (collectively, "Personal Data"), is a condition for using the Services. The Personal Data that you provide will allow miob to inform you of the Services as well as other services and products of interest. miob, its affiliates, and partners may use your Personal Data for processing, managing, and providing you with personalized news, advertisements, and other information. You may opt-out from any further advertisements to your e-mail address at any time by sending a notice to miob at ceo@miob.io.

Cookies may be used to make your visit to the Website easier, to enhance your experience, keep track of the number of visitors, and the general use of this Website, as well as to track advertisements. A cookie is a small text file stored on your hard drive, which tracks your movements within the Website. Cookies are never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.

You unconditionally consent to miob's collection and processing of your Personal Data as specified in these Terms by ticking the "I agree" box when you sign up.

Please review the Privacy Policy, available at miob.io/legal/privacy, and incorporated herein by reference, for a more detailed description of miob's collection and usage of your Personal Data.
Links from The Website may contain links to Google and other websites that are not owned, controlled, or operated by miob or any of its affiliates ("Third-Party Websites"). If you use these links, miob cannot be held liable for any content, material, or other information displayed on those Third-Party Websites. Such links do not constitute an endorsement by miob of those Third-Party Sites. You acknowledge that miob is providing these links to you only as a convenience, and further agree that miob is not responsible for the content of such Third-Party Sites. Your use of any Third-Party Site is subject to the terms of use and privacy policies located on the linked-to Third-Party Site.
Relationship of Parties Nothing in these Terms or your use of the Services shall in any way constitute any agency, association, partnership, joint venture, or employee-employer relationship between you and miob. You shall not have any right, power, or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other or to bind miob in any manner.
Your Indemnity You agree to indemnify and hold miob and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney's fees, which are based on or arise from (a) your violation of any of the provisions of these Terms or otherwise related to your Ads Content and/or use of miob, (b) allegations that your Ads Content infringes or violates IPR, privacy rights, or other rights of a third party or violates any applicable law, or (c) relating to, or arising from, your use of any Third-Party Websites or any third-party services.
Termination These terms and conditions shall be valid until terminated by you or miob as provided below:

The Services that are free of charge during the Trial Period may be terminated by you at any time and without cause simply by removing the miob application. You may at any time and without cause terminate your Membership by giving miob fifteen (15) days written notice prior to the end of each month. You acknowledge and agree that you shall fulfill your obligations pursuant to these Terms until termination. The Membership Fee will always be calculated on a full calendar month basis.

IF YOU ARE DISSATISFIED WITH SERVICES OR HARMED BY MIOB OR BY ANYTHING RELATED TO SERVICES, YOU MAY TERMINATE SERVICES IN ACCORDANCE WITH THIS SECTION OF THE TERMS, AS APPLICABLE. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND YOUR SOLE AND EXCLUSIVE LIABILITY) FOR ANY BREACH OF CONTRACT.

Miob is entitled, at its sole discretion, to terminate your use of Services if you violate any of the terms and conditions set forth in these Terms or any applicable law. Any such termination of your access to the Services may be affected without prior notice, and you acknowledge and agree that miob may immediately delete any information or files in your account (if any) and revoke any further access to miob without being liable to you or any third party. miob may also terminate Services without any reason whatsoever, at any time, by providing you with written notice of termination.
Arbitration and Class Action Waiver

These Terms, and any dispute arising out of or in connection with these Terms or Services, are governed by and construed in all matters in accordance with the laws of the State of California, without regard to any conflict of law principles.

Except as otherwise provided in this Section, all disputes shall be subject to, and the parties irrevocably accept, the exclusive jurisdiction of the courts located in San Francisco, California.

Either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief).

Except as otherwise provided in this Section, all disputes shall be resolved by final, binding arbitration before 3 arbitrators pursuant to the rules and under the auspices of the International Chamber of Commerce (the "Rules"). In accordance with the Rules, each party shall select 1 arbitrator, and the 2 arbitrators shall select a third one. The arbitrators shall be knowledgeable in the chosen law and online advertising industry. At either party's request, the arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and results of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and shall take place in San Francisco, California, or any other place on which all 3 arbitrators agree unanimously.

YOU AND MIOB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and miob agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

A prevailing party in any action to enforce these Terms or to defend any action related to these Terms or Services shall be entitled to recover from the other party its reasonable fees for attorneys and expert witnesses, plus such costs and expenses as may be fixed by any arbitration panel or court of competent jurisdiction.
Operation of Service miob reserves the right to modify, suspend, discontinue, or restrict access to any portion of miob and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
Amendments of Terms and Conditions miob may change, amend, or modify any of these terms or conditions at any time and in miob's sole discretion. Changes will be notified by posting a change notice on the Website that is visible when users log on for the first time after a change has been made and by e-mail to you. All such modifications shall have effect 30 days after notice unless indicated otherwise. If you do not consent to any changes in these Terms, you must terminate Services pursuant to Section 10. Your continued use of the Website and Services will be subject to the then-current terms applicable to the Website. miob advises you to periodically review Google Terms and/or other terms and conditions to be informed of any changes therein.
Assignment miob may assign its rights and obligations under these Terms to affiliates and other companies within the same corporate group.
Severability In the event that any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement shall be deemed to be deleted from these terms and conditions, while the remainder of this these terms and conditions shall continue in full force and remain in effect.

Cookie Policy

This Cookie Policy ("Policy") delineates how MIOB ("we", "us", "our") uses cookies and similar technologies, like web beacons, when you visit our website miob.io (the "Website").

The purpose of this Policy is to explain what these technologies are, why we use them, and your rights in controlling our use of them. Terms not defined in this Policy are to be understood as per our Privacy Policy or our Terms of Service.

What are cookies?

A cookie is a small software file stored temporarily or placed on your computer's hard drive. Cookies primarily allow a web server to identify a user's computer and web browser and personalize web pages and/or login information according to user preferences. They enable us to promptly display the necessary information for the usage of our service and other data which we consider to be of interest to our visitors. By remembering website preferences, cookies help us deliver a superior web and marketing experience. They do not, however, provide us with access to your computer.

Why do we use cookies and similar tracking technologies?

We use cookies tied to your account and personal information to remember your logged-in state and workspace preferences. Some other cookies, not linked to your account but unique, allow us to perform analytics and customization among other similar tasks.

Cookies help us recognize you when you visit our Website, remember your preferences, and provide a personalized experience consistent with your settings. They also enable faster and more secure interactions. The chart below explains our general usage of cookies.

Categories of Use

Description
Authentication

If you're signed into our services, cookies help us display the right information and personalize your experience.

Security

We use cookies to enable and support our security features and help us detect malicious activity.

Preferences, features, and services

Cookies can indicate your language preference and communication preferences. They help you fill out forms on our website more easily. They also offer features, insights, and customized content.

Marketing

We may use cookies to help us deliver marketing campaigns and track their performance. Similarly, our partners may use cookies to provide us with information about your interactions with their services, but the use of those third-party cookies would be subject to the service provider's policies.

Performance, Analytics, and Research

Cookies help us learn how well our Website performs. We also use cookies to understand, improve, and research products, features, and services, including creating logs and records when you access our Website from different devices, like your work computer or your mobile device.

Cookies we use and how to control them

We use third-party advertising and analytics tools to measure traffic and usage trends for our service, and to share offers with individuals who may be interested in our Services. Primarily, we use Google Analytics and Google Ads.

Google's ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You can learn more about how Google collects and processes data specifically in connection with Google Analytics here. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on.

How can a user block or eliminate these cookies?

You can permit, eliminate, or block cookies in your computer's configuration settings according to the internet browser you are using. In certain cases, some web services will be blocked when certain cookies are not allowed to operate correctly or when they are blocked by the consumer.

These links explain how to deactivate or block cookies in common web browsers:

If you do not want your information used for the purpose of serving you targeted ads, you may opt-out here. It may also be helpful to view the link http://www.youronlinechoices.com/.

How often will you update this Cookie Policy?

We may update this Cookie Policy periodically to reflect changes to the cookies we use or for other operational, legal, or regulatory reasons. We advise you to revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Policy indicates its last update.

Where can I get further information?

If you have any queries about our use of cookies or other technologies, please email us at ceo@miob.io.