JUNE 10, 2021

Terms and conditions

These Terms and Conditions of Use (these “Terms” ) govern your access to and use of the website at www.RealDigiAds.com (the “Website”) and the mobile application, Advertise.RealDigiAds.com (the “App” and together, with the Website, the “Services”), owned by RealDigiAds Inc. (“RealDigiAds”, “we”, “us” or “our” ), and constitute a binding legal agreement between you and us.

Note that Section 21 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using the Services, you agree to these Terms. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 21, you are not authorized to access or use the Services for any purpose.

1. Services

RealDigiAds provides a platform offering realtors (“Realtors”) Google Search PPC Advertising with pre-configured settings to assist Realtors in finding potential customers. Specifically, Realtors can use the Services to create new real estate campaigns (each, a “Campaign”) and promote listings on Google. Google uses Machine Learning to show your Campaign to the people most likely to click on your Campaign and convert to customers on your landing page.

2. Subscription and payment

The Services are subscription-based with a monthly, semi-annual, or annual subscription fee paid to RealDigiAds (the “Subscription Fee”). You will also be required to provide your billing information directly to Google Ads for your advertising. You will create and manage Campaigns on Google Ads using RealDigiAds and set your Google Ads budget of a price per day x 30.4 days (“Budget”).  Google’s cost to advertise is in addition to the Subscription Fee payable to RealDigiAds.

Campaigns must be for the same Realtor and on the same URL and shall be unlimited until you reach 10 active Campaigns, at which time RealDigiAds will require you to upgrade your account to an enterprise account (the “Enterprise Account”) to add any additional Campaigns. Enterprise Accounts are for brokerage firms or larger teams of Realtors. Enterprise Accounts enable you to advertise for multiple Realtors with different URLs.  

You will provide your credit card information upon your registration for use of the Services. We do not have access to nor retain any of your credit card information as this information is sent directly to our merchant processor. Monthly fees of your Subscription Fee shall be billed to your credit card provided.

RealDigiAds does not offer any refunds as all charges associated with the Services are final. You agree to our Terms related to cancellations and pausing your account described below and waive any rights to dispute such charges.

3. Affiliate program

As part of the Services, you will have the option of joining our affiliate program (the “Affiliate Program”) and earning an ongoing commission from any Realtors referred by you so long as such Realtor subscribes to use the Services. 

4. Pausing or canceling campaigns

Your Campaigns are recurring until canceled. You may pause or cancel a Campaign at any time.

5. Timing of campaigns

Once your Campaign has been submitted, Google’s review process begins automatically. During this process, Google will verify that the link we provided to your destination page (i.e., your landing page) is working. Campaigns will be in the Google Ads “learning phase” which typically lasts around 7 days since the last significant edit to such Campaign. Once your Campaign has been approved, your Campaign will typically start being displayed in approximately 48-72 hours. Google Ads will not charge for the Campaign until the Campaign is live and someone clicks on your Campaign.

None of the time frames referenced above are guaranteed, and RealDigiAds shall have no liability to you with respect to your Campaign not falling within the time frames referenced above.

6. Pausing or canceling your subscription to RealDigiAds

You may pause or terminate your subscription at any time and such pause or termination will become effective for the following month.

As Campaigns are recurring, by pausing your account, your subscription and any active Campaigns will not renew at the end of your current subscription period. You can activate your subscription on the day you want to restart your subscription from your Account (as defined in Section 9). You will not be charged while your Account is paused. Billing shall only recommence if you activate your subscription.

7. Privacy

Please read our Privacy Policy for information about how RealDigiAds collects, uses, and discloses information through the Services. We reserve the right to modify our privacy policy from time to time.

8. Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one RealDigiAds Account (as defined below), and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

9. Accounts, account security, and communication preferences

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one RealDigiAds Account (as defined below), and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

10. Additional terms applicable to Realtors

In addition to the other provisions of these Terms, the following provisions apply:

10.1. Qualifications. You further represent, warrant, and covenant that, at the time of registration and on an ongoing basis, that you (i) satisfy all professional licensing requirements applicable to the professional services you are providing via the Services, (ii) hold all valid and current licenses required to provide such services, (iii) are in good standing with each licensure board or other authority issuing such licenses or otherwise having regulatory authority over you, and (iv) have not received any notice of cancellation, probation, suspension, revocation or non-renewal of any licenses required to provide such services. If and for so long as you fail to satisfy the provisions of this paragraph, you will cease all use of the Services. You will, at our request, cooperate with us in confirming your professional credentials and compliance with the foregoing representations and warranties.

10.2. Independent Contractor. You acknowledge that you are an independent contractor and that no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms or any relationship between you and RealDigiAds.

10.3. Confidentiality. To the extent you receive any confidential information of RealDigiAds in connection with your use of the Services, including but not limited to information concerning fees, marketing plans, financial results, practices, trade secrets, and any and all other information as deemed confidential by RealDigiAds which is not generally known to the public, you agree to protect such information against any unauthorized use or disclosure and to use such information solely for the purposes for which it was disclosed to you.

11. User content

Our Services will allow you to create Campaigns by providing us with your website URL and information requested from us regarding such Campaigns including without limitation your daily budget, title of the Campaign, and target location (collectively, “User Content”). Except for the license you grant below, as between you and RealDigiAds, you retain all rights in and to your User Content.

You hereby grant RealDigiAds a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.

If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

Any User Content uploaded by a Realtor is the sole responsibility of the person that submitted it. Although RealDigiAds reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.

12. Appropriate use of the services

You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties, and regulations including without limitation the Fair Housing Act. You will not violate any contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You agree to abide by all Google Ads Policies and TOS. Ad Policies can be read at https://support.google.com/adspolicy/answer/6008942?hl=en.

In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:

  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s Account without authorization from that user and RealDigiAds;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:

  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law including without limitation the Fair Housing Act;
  • may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • impersonates, or misrepresents your affiliation with, any person or entity;
  • contains any private or personal information of a third party without such third party’s consent;
  • contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  • is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose RealDigiAds or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

13. RealDigiAd’s termination/cancellation

We may change the Services, and the RealDigiAds Content (defined below) at any time. We may discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.

All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Services or our termination of the Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated, or canceled, respectively.

14. Intellectual property; limited license

The Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “RealDigiAds Content”) are owned by RealDigiAds and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, RealDigiAds reserves all rights in and to our Services and the RealDigiAds Content.

RealDigiAds hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and the RealDigiAds Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Services and the RealDigiAds Content; (b) copy, reproduce or distribute RealDigiAds Content, except as expressly permitted by us; (c) modify the RealDigiAds Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the RealDigiAds Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the RealDigiAds Content other than for their intended purposes. Any use of our Services and the RealDigiAds Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

15. Links to third parties

The Services may include links to third-party websites, resources, and advertisements (collectively, “Third Party Sites”). We are not responsible or liable for the availability or accuracy of, and RealDigiAds does not endorse, sponsor, or recommend any Third Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and RealDigiAds and its affiliates will not be liable for any losses arising out of or relating to Third Party Sites.

16. Software updates

RealDigiAds may from time to time, in its sole discretion (without obligation), develop and provide updates for our Services, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (the “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that RealDigiAds has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to the App, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.

17. Disclaimer of warranties

RealDigiAds is not itself a provider of Realtor services, and any Realtors advertising through use of the Services are not acting as employees or agents of RealDigiAds. While we enable Realtors to advertise, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between Realtors and potential customers, whether online or offline. In addition, we are not responsible for and we expressly disclaim all liability that may result from information made available by Realtors and the conduct of Realtors, whether online or offline. RealDigiAds does not sponsor, endorse, recommend or approve of any Realtors. Additionally, we cannot and do not represent or warrant that any Realtor is licensed, qualified, insured, or capable of performing any product or service, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any Realtor, or the suitability, reliability or accuracy of the services they provide.

Your use of the Services and RealDigiAds Content is at your sole discretion and risk. The services and RealDigiAds Content, are provided on an “as is” and “as available” basis without warranties of any kind.

RealDigiAds and its affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and RealDigiAds Content, including without limitation the merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.

We do not control, endorse or take responsibility for any User Content on our Services or content on Third Party Sites linked to by our Services. RealDigiAds makes no warranty, representation, or guarantees with respect to services offered by Realtors, and RealDigiAds specifically disclaims any warranty, representation, or guarantee with respect to the quality, legality, or other characteristics of such services, or with respect to the conduct of any Realtor in connection with such services.

We make no representations concerning, and do not guarantee, (a) the security, accuracy, reliability, timeliness, and performance of the Services, including, but not limited to, any RealDigiAds Content or its applicability to your individual circumstances, or (b) that the Services will be error-free or that any errors will be corrected. Our Services and RealDigiAds Content are developed for use in the United States and RealDigiAds and its affiliates make no representation or warranty concerning the Services or RealDigiAds Content when they are used in any other country.

No advice or information provided to you by RealDigiAds will create any warranty that is not expressly stated in these Terms. Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions will apply to the fullest extent permitted under applicable law.

18. Limitation of liability

In no event will RealDigiAds, RealDigiAds’s affiliates, and our respective owners, directors, officers, employees, contractors, agents and representatives, (collectively, “RealDigiAds Parties”) be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of data or lost profits, whether in an action in contract, tort (including but not limited to negligence) or otherwise, including but not limited to any damages caused by or resulting from reliance on information obtained through the Services or from the conduct of you or anyone else, whether online or offline, arising out of or in connection with your use of the Services, or the RealDigiAds Content, whether the damages are foreseeable and whether or not RealDigiAds has been advised of the possibility of such damages in advance. If you are dissatisfied with the Services, the RealDigiAds Content, or these Terms, your sole and exclusive remedy is to discontinue using the Services. If the foregoing is not enforceable against you, in no event will the cumulative liability of the RealDigiAds Parties to you, whether in contract, tort, or otherwise, exceed the greater of (i) the aggregate amount you paid RealDigiAds to access or use the Services in the most recent twelve-month period, or (ii) $50.

Some jurisdictions do not permit us to limit our liability in these ways, so it is possible that these limitations will not apply to our agreement with you. In such event the limitations will apply to the fullest extent permitted under applicable law.

19. Indemnification

You will indemnify, defend, and hold harmless the RealDigiAds Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

  • your access to or use of the Services, or the RealDigiAds Content;
  • your User Content;
  • your violation of any of the provisions of these Terms;
  • any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct;
  • your conduct in connection with our Services; or
  • your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

RealDigiAds reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. Results

To the fullest extent permitted by applicable law, you release RealDigiAds and the other RealDigiAds Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

21. Dispute resolution; binding arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with RealDigiAds and limits the manner in which you can seek relief from us.

21.1. Binding arbitration. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes ”) arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and RealDigiAds agree (a) to waive your and RealDigiAds’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and RealDigiAds’s respective rights to a jury trial. Instead, you and RealDigiAds agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

21.2 No class arbitrations, class actions, or representative actions. You and RealDigiAds agree that any Dispute arising out of or related to these Terms or the Services is personal to you and RealDigiAds and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and RealDigiAds agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and RealDigiAds agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.

21.3 Federal arbitration act. You and RealDigiAds agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

21.4  Notice; informal dispute resolution. You and RealDigiAds agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to RealDigiAds shall be sent by certified mail or courier to 3912 South Ocean Blvd, Ste 911, Highland Beach, FL 33487. Your notice must include (a) your name, postal address, telephone number and/or mobile phone number, the email address you use or used for your RealDigiAds Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 9 and will include (x) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and RealDigiAds cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or RealDigiAds may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding or, to the extent specifically provided for in Section 21.1, file a claim in court.

21.5  Process. Except for Disputes arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and RealDigiAds agree that any Dispute must be commenced or filed by you or RealDigiAds within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and RealDigiAds will no longer have the right to assert such claim regarding the Dispute).  

You and RealDigiAds agree that (a) any arbitration will occur in the State of Florida, Palm Beach County, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, Palm Beach County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

21.6 Authority of arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 21, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 21, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

21.7. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

21.8. Severability. If any term, clause, or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

21.9. Opt-out right. You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to RealDigiAds at 3912 South Ocean Blvd, Ste 911, Highland Beach, FL 33487. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.

22. Governing law; venue

These Terms and our relationship with you will be governed by the laws of the State of Florida, excluding its choice of laws rules. You and RealDigiAds each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the Southern District of Florida, or the state courts located in Palm Beach County, Florida. You and RealDigiAds each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and RealDigiAds agree that RealDigiAds may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

23. Miscellaneous

The Services may contain typographical errors or other inaccuracies and may not be complete or current. RealDigiAds reserves the right but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you.

These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to the Services and the RealDigiAds Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services or the RealDigiAds Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services or the RealDigiAds Content, the signed written agreement will control.

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Services. Your continued use of our Services will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.

The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.

24. Contacting us

We encourage you to contact us at support@realdigiads.com if you have any questions concerning our Terms.

Apple device additional terms 

If you access the App via a mobile device or tablet branded by Apple, Inc. (“Apple ”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms ”) are hereby made part of these Terms:

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
  • Agreement with RealDigiAds, Not Apple. You acknowledge that these Terms are an agreement between RealDigiAds and you, and not with Apple. RealDigiAds, not Apple, is solely responsible for the App and the content thereof. If these Terms are less restrictive with respect to the App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
  • Scope of License. The license granted to use the App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. If RealDigiAds decides (in its sole discretion) to provide support and maintenance services for the App, RealDigiAds is solely responsible for providing such services.
  • In the event of any failure of the App to conform to any applicable warranty provided by RealDigiAds in these Terms, you may notify Apple and Apple will refund the purchase price for the App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is RealDigiAds’s sole responsibility. Notwithstanding the foregoing, RealDigiAds is not obligated to provide any warranty with respect to the App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
  • Product Claims. You hereby acknowledge that RealDigiAds, not Apple, is responsible for addressing your or any third-party claims relating to the App and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit RealDigiAds’s liability beyond what is permitted by applicable law.
  • Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the App or your possession and use (in accordance with these Terms) of the App infringes that third party’s intellectual property rights, RealDigiAds, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the App as a third-party beneficiary thereof.
  • Questions or Complaints. Please address your questions, complaints, or claims with respect to the App to RealDigiAds at support@realdigiads.com.

Join our mailing list
to stay up to date