Terms of use - AdBooks

These General Terms of Service ("Terms") define the terms and conditions under which AdBooks, a product of Admonet LLC ("AdBooks", "we", "us"), provides its services to users. Any use of a service offered by AdBooks is governed by these Terms.

Definitions

Subscription: any subscription agreement between the User and AdBooks for the Services, including the Services provided through the Website and the Software.
Services: all services, including paid services, offered by AdBooks to Users through the Website https://adbooks.co (and its subdomains, including app.adbooks.co) and the Software.
Website: the website made available to the public by AdBooks at https://adbooks.co and its subdomains, including the Software.
Software: the AdBooks web application for creating quotes, estimates, invoices and e-invoices and for managing projects, costs and profitability, intended for construction professionals, tradespeople, freelancers, agencies and small and medium-sized businesses.
User: a capable individual over the age of 18 and/or a company or business registered in the relevant commercial or business registry that uses the Services, the Website or the Software.
Documents: quotes, estimates, advance invoices, invoices, e-invoices, signed documents and any other document that the User creates, sends or stores with the Software.
Editorial Content: all information that AdBooks makes available to Users.
Personal Data: personal information provided by the User during registration on the Website and/or while using the Services.
Intellectual Property Rights: trademarks, domain names, copyrights, designs, patents, database rights and any other intellectual property rights used by AdBooks and necessary for its activities as a service provider.
Hypertext Link: a reference, shown as words, icons or logos, that lets a user click and move from one document or webpage to another.
Partners: sponsors, affiliates and resellers within the meaning of section 6.

1. Registration

The equipment (computer, software, applications, telecommunications resources and so on) needed to access the Services is the sole responsibility of the User, as are any telecommunications costs incurred when using the Services.

Each User guarantees that the data provided to AdBooks is accurate and up to date, and agrees to provide a valid email address of which the User is the rightful owner.

AdBooks is not responsible for the loss or forgetting of the User's username or password. If the User uses their AdBooks account in a way that is contrary to its usual purpose, AdBooks may terminate or suspend the account without prior notice. The User is solely responsible for (i) any fraudulent or non-fraudulent use of their login details by third parties and (ii) any use, action or statement (true or false) made by third parties through their account.

AdBooks has no means of verifying the identity of people who register and is therefore not responsible for identity theft by third parties. If the User believes that a third party is using their account or identity, the User must notify AdBooks immediately at info@adbooks.co.

AdBooks may deactivate accounts that have been inactive for more than one (1) year.

Business use only. The Services are intended solely for business and professional use. By registering, the User confirms that they act in the course of a trade, business or profession and not as a consumer, and that they are authorised to accept these Terms on behalf of the company or business they represent.

Phone number verification and consent. Users may add their mobile phone number in the app.adbooks.co application. By entering the number and confirming it with the SMS code sent by AdBooks, the User expressly consents to AdBooks sending future authentication and account-security verification codes to that number.

2. Acceptance of these Terms

The User declares that they have read and expressly and unconditionally accepted these Terms, which apply on the date of access to the Website, the Software and the Subscription. If the User does not agree with these Terms, the User must not register and must not use the Website, the Software or the Services. Registering for one or more Services and using the Website and the Software require full acceptance of these Terms.

3. Changes to the Website, Software, Services and these Terms

AdBooks may change the pages of the Website, the Software, the Services, their prices or their terms of use at any time. Changes take effect when they are published on the Website, without affecting the User's right to cancel their Subscription at any time. For a Subscription that is already running, a price change applies from the next renewal period, and we will notify the User by email or in the application before that renewal.

The User should check the current version of the Terms regularly; it is always available on the Website. Using the Services after the Terms have been changed means the User accepts the updated Terms.

4. Use of the Website, Software and Services

After registration the User has access to the Services. Prices and payment terms are shown on the Website when the Services are presented and when the User subscribes.

When using the Website, the Software and the Services, the User agrees in particular to:

respect the intellectual property rights in content provided by AdBooks;
never divert the Website or the Software from their intended purpose;
not overload the Services in any way without AdBooks' prior written consent;
not attempt to gain unauthorised access to the Services, other accounts or our systems, and not run security tests or automated scraping without our prior written consent;
not copy, decompile or reverse engineer the Software, except where the law expressly allows it;
not upload unlawful content or content the User has no right to use;
not use the Services if the User is located in, or controlled by a person in, a country or on a list that is subject to comprehensive sanctions or embargoes of the United States or the European Union, or if the User is otherwise prohibited by applicable export control or sanctions law.

5. Free trial, Subscriptions and payment

5.1 Free trial. At the start of the first monthly or yearly Subscription period the User receives a free trial of 14 calendar days, unless AdBooks states a different length. AdBooks may change the trial length for individual Users, and AdBooks or its Partners may offer promotional codes that extend the trial.

5.2 Payment methods and promotional codes. Subscription payments are made by credit card, direct debit or bank transfer. AdBooks (company name: Admonet LLC) uses the payment processor Stripe, Inc. to receive credit card payments. AdBooks and its Partners may give Users promotional codes. Promotional codes are strictly personal and may only be used by the named User to obtain benefits for a limited or unlimited period, including free or discounted offers and discounts on the monthly or yearly Subscription price.

5.3 Renewal. If the User pays by credit card, PayPal or direct debit, the Subscription renews automatically at the end of each monthly or yearly period, on the anniversary date, for consecutive identical periods, and the fee is charged each time. By subscribing, the User agrees to this automatic renewal and can prevent the next charge by cancelling before the next period begins, as described in 5.5. If the User pays by bank transfer, AdBooks issues an invoice or payment request for each new period, nothing is charged automatically, and the Subscription continues for the new period once the payment is received. If the payment is not received by the due date shown on the invoice, AdBooks may suspend access under 5.8, and the Subscription is not renewed.

5.4 Additional users. If the User wants to give other people (for example employees) access to their AdBooks account, AdBooks may charge an additional amount, on top of the fixed monthly or yearly price, for each additional user.

5.5 Cancellation and suspension. The User may cancel the Subscription at any time with the "Cancel Subscription" button in the administration section of their account or by contacting AdBooks support. Deleting the account and personal data takes effect immediately. Cancellation does not entitle the User to a refund for the remaining Subscription period. The User may also suspend the Subscription; this does not cancel it but lets AdBooks stop charging the User's payment method for a set period during which the User has no access to the Software and the Services.

5.6 No refunds. If the User cancels after paying for a period they did not use, that amount is not refunded.

5.7 Prices and taxes. Prices are shown in euros and do not include VAT or other applicable taxes, which are added where the law requires it. The User is responsible for all taxes, duties and levies that apply to the Subscription, other than taxes on the income of AdBooks.

5.8 Failed payments. If a payment fails or is reversed, AdBooks may try to collect it again and, after notice, suspend access to the Software and the Services until the amount is paid. A chargeback or payment dispute opened without first contacting AdBooks support may lead to suspension of the account.

5.9 Breach. If the User breaches these Terms, AdBooks may suspend or close the account without notice or compensation. This is without prejudice to any claim AdBooks or its affiliates and legal representatives may make against the User for damage caused by the breach.

6. Partners

AdBooks runs a partner programme on its Website in which every User can become a sponsor ("Sponsor") by promoting the Software and Services to potential customers in order to bring new or potential users to AdBooks in exchange for a commission. AdBooks also allows individuals and legal entities who are not Users ("Affiliates" and "Resellers") to bring new or potential customers to AdBooks in exchange for a commission. Sponsors, Affiliates and Resellers are together the "Partners".

Commissions are paid on the 10th of each month by bank transfer or PayPal. The minimum commission amount required to request a payout is 50 EUR. Commissions may differ by Partner and can be recurring (a percentage of the turnover generated by the new users) or a one-time fixed payment for each referred new user.

If a Partner is proven to have committed fraud (for example fake customers or poor-quality traffic), AdBooks may block the Partner's account and freeze the payment of their commissions.

7. Intellectual property rights

The User acknowledges that AdBooks is the sole owner of the intellectual property rights in the Website, the Software and the Editorial Content. Nothing in these Terms grants the User a licence to intellectual property rights that AdBooks owns or holds exclusively.

Trademarks, logos, graphics, photographs, animations, videos and texts on the Website are the intellectual property of AdBooks or its partners and may not be reproduced, used or shown without AdBooks' express written permission, on pain of legal action.

AdBooks grants a licence to use the Software that is limited, non-transferable and non-exclusive, and lasts only for the term of the Subscription. The User keeps ownership of the Documents and data they enter. The User grants AdBooks a limited, worldwide, non-exclusive licence to host, copy, process, transmit and display that content solely to provide, secure and support the Services, and to comply with the law. AdBooks may use anonymised and aggregated data that does not identify the User or their customers to operate and improve the Services.

8. Security and hosting

AdBooks commits to:

ensuring the physical security of its IT facilities and equipment; User data is stored on servers in highly protected data centres with high security and redundancy standards. Data is hosted by AdBooks' hosting provider in data centres located in Germany;
protecting access to its IT facilities and equipment against unauthorised access by third parties;
protecting its software infrastructure with firewalls and monitoring systems;
updating the Software regularly to maintain application-level security and reduce the risk of security breaches.

AdBooks also secures data access through encrypted exchanges between the Website and the User's browser using certificates, and through authentication with a URL, username and password.

9. Data retention, export and backup

AdBooks commits to protecting the data stored on the Website in accordance with applicable law. AdBooks does not assume any obligation to archive data and commits not to keep data longer than the legally required retention period for the purpose for which it was collected.

The User can delete all data stored in their account at any time by deleting the account. AdBooks deletes all User data 12 months after the Subscription ends for any reason. The User can export their data using the methods described by AdBooks on the Website, and should do so before the Subscription ends.

If a free trial account has not been used for 12 months, AdBooks may delete its data without prior formal notice.

10. Hypertext links

The Website contains links to websites run by third parties. AdBooks has no control over these sites and takes no responsibility for their content. In particular, AdBooks gives no guarantee as to the truthfulness, timeliness, quality, completeness or accuracy of the content of linked websites, their relevance, or any difficulty in accessing or using them.

11. Liability

11.1 Public networks. The User acknowledges that AdBooks has no control over the transmission of data over public communication networks such as the Internet, or over how those networks work. AdBooks therefore cannot guarantee the confidentiality of data in transit over public networks and cannot be held responsible for unlawful access, interception, damage to data or any other event affecting data during transmission over public telecommunications networks.

11.2 Access difficulties. AdBooks is not responsible for damage caused by difficulties in accessing the Website, the Software or the Services due to (i) interruptions in the operation of network operators or Internet access providers, (ii) network congestion, (iii) failure of the User's computer equipment or improper use or handling of the Website or Software, particularly contrary to these Terms, (iv) the User's error or negligence, (v) use of the Website, Services or Software together with programs not provided or approved by AdBooks, or (vi) use in an environment or configuration that does not follow AdBooks' recommendations or contradicts these Terms.

11.3 Content not created by AdBooks. AdBooks assumes no responsibility for the quality, legality or legal compliance of content it did not create. This includes Documents that the User creates with the Software but that do not comply with the law, for example because the User removed required details such as payment dates or late-payment penalties. AdBooks cannot be held responsible for the User publishing data in breach of third-party rights.

11.4 The User is responsible for Documents. The User is solely and exclusively responsible for any damage (including material, economic or financial damage such as loss of clients, financial loss, lost profits or loss of opportunity) suffered by the User, their customers or any third party as a result of any error or inaccuracy (in content, information, data, figures, totals and so on) in any Document (i) issued by the Software, (ii) sent manually by the User to their clients, or (iii) used directly or indirectly by the User, their customers or any third party.

Before sending any Document, the User must check that its content is completely accurate. If the User finds an error or inaccuracy, the User must not send the Document to customers and must report the error to AdBooks as soon as possible.

11.5 Tax and legal compliance. The Software is a tool. The User is solely responsible for making sure that Documents, prices, taxes (including VAT), e-invoice formats and electronic signatures meet the laws and regulations that apply to the User's business and customers in their country, and for keeping the records the law requires. AdBooks does not provide legal, tax or accounting advice. Whether an electronic signature is legally valid depends on the law that applies to the signed document.

11.6 Advo AI assistant (powered by Google Gemini).

What it is. Advo is an optional AI assistant in the Software that helps the User write descriptions of items and jobs and similar text. Advo is an artificial intelligence system, not a person. It runs on Gemini models provided by Google (Google LLC and its affiliates, including Google Ireland Limited and Google Cloud EMEA Limited). Gemini is a trademark of Google LLC.
What is sent to Google. When the User uses Advo, the text the User enters and any content the User chooses to include in the request (for example item descriptions or parts of a Document) is sent to Google to generate the answer. AdBooks does not send Documents to Google unless the User uses Advo. Google acts as a subprocessor of AdBooks for this purpose. Google's terms differ by service tier: under Google's terms for unpaid services, submitted content may be used by Google to improve its products and services and may be read by human reviewers, while under paid services it is not used to train Google's models.
What the User must not enter. Because of this, the User must not enter into Advo personal data of third parties (for example names, addresses or tax numbers of their customers), special categories of personal data (such as health, biometric, political or religious data), payment card numbers, passwords, access credentials or other secrets, or confidential information that the User does not want Google to receive. The User is responsible for what they enter.
Output is only a suggestion. Answers generated by Advo can be wrong, incomplete, outdated, misleading or similar to content generated for others. Advo does not give legal, tax, accounting, engineering or other professional advice and makes no decisions that have legal effects. The User must review, correct and approve every output before using it in a Document, offer or any communication, and remains fully responsible for it. As between the parties, the User may use the output for their business, but AdBooks does not guarantee that the output is original, accurate or free of third-party rights.
Acceptable use. The User must use Advo lawfully and in line with Google's Generative AI Prohibited Use Policy, and must not use it to create unlawful, deceptive, harmful or infringing content, to reverse engineer or extract the underlying models, or to submit content the User has no right to use.
Availability and changes. Advo depends on a third-party provider. AdBooks may change, limit, suspend or replace Advo or the underlying model or provider at any time, and may apply reasonable usage limits.
Personal data. How personal data is processed in connection with Advo is described in the Privacy Policy.

11.7 Estimator catalogue. Prices, items and other reference data in the Estimator catalogue are aids only. They can contain errors or be out of date and are not a binding offer. The User must check and confirm them before using them in a Document or an offer to a customer.

11.8 No warranties. To the fullest extent the law allows, the Website, the Software and the Services are provided "as is" and "as available". AdBooks does not give any warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy, uninterrupted or error-free operation, or non-infringement. Nothing in these Terms excludes liability that cannot be excluded by law.

11.9 Limits of AdBooks' liability. AdBooks' liability in relation to the Subscription is limited to compensation for direct damage and, in every case, is capped at the licence fees the User paid to AdBooks for the twelve (12) months of Subscription preceding the event that caused the damage. In no case is AdBooks liable for consequential damage, including lost profits, loss of margin, loss of business, revenue or clients, and reputational or brand damage.

11.10 Indemnity. The User indemnifies AdBooks against any claim or action by anyone who considers themselves harmed by data or information the User published or sent using the Website or the Software.

11.11 Prohibited practices. The User must not send quotes or invoices issued through the Software that falsely or fraudulently show any label, certificate, licence or accreditation (for example a construction, environmental or professional certification) that the User does not actually hold. AdBooks lets certified or accredited Users show their own label or certificate on their Documents. The User may add a label or certificate only if they are actually certified or accredited, and must comply with the terms of use of that label or certificate. The User is solely and exclusively responsible for any consequences of a false or fraudulent label or certificate.

12. Availability, support and termination

AdBooks keeps the Website, the Software and the Services available 7 days a week, 24 hours a day, subject to (i) interruptions, in particular for maintenance or updates, and (ii) access difficulties that can be attributed to the User's equipment or installation, abuse or misuse of the Website or the Software. The Website works with the current versions of the major browsers (Chrome, Edge, Firefox and Safari); AdBooks does not guarantee compatibility with every browser on the market.

Technical and administrative support is available Monday to Friday from 9:00 AM to 6:00 PM by WhatsApp, Viber and email, depending on the Subscription. AdBooks may refuse access to the whole Website or to part of it to any User, unilaterally and without prior notice, in particular in case of clear breaches of these Terms.

Either party may end the Subscription as set out in section 5. On termination, section 9 applies to the User's data.

13. General provisions

Governing law. These Terms and the AdBooks Subscription are governed by the laws of the State of Wyoming, United States of America.

Jurisdiction. ANY DISPUTE ARISING FROM THE ADBOOKS SUBSCRIPTION WITH ADMONET LLC IS SUBJECT TO THE JURISDICTION OF THE COMPETENT COURTS OF SHERIDAN, WYOMING, USA, REGARDLESS OF THE NUMBER OF DEFENDANTS OR CLAIMS UNDER WARRANTY, INCLUDING FOR URGENT PROCEEDINGS AND PROTECTIVE MEASURES.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, terrorism, strikes, pandemics, failures of public networks, power or hosting providers, cyber attacks that could not reasonably be prevented, or acts of authorities. This does not excuse the User from paying amounts that are due.

Assignment. The User may not assign or transfer their rights or obligations under these Terms without AdBooks' prior written consent. AdBooks may assign these Terms to an affiliate or to a successor of its business.

Entire agreement, no waiver. These Terms, together with the Privacy Policy and the DPA, are the entire agreement between the parties on their subject matter. A failure or delay in exercising a right is not a waiver of it.

Notices. AdBooks may give notices to the User by email to the address of the account, in the application or on the Website. The User may give notices to AdBooks at info@adbooks.co.

Survival. Provisions that by their nature should continue after the Subscription ends, including those on intellectual property, liability, indemnity, data retention and governing law, survive termination.

Severability. If a provision of these Terms is found to be invalid, the other provisions remain in force.

Language. These Terms are published in English and may be shown in other languages for convenience. If the versions differ, the English version prevails.

14. Owner of AdBooks and contact

The AdBooks application is owned by:

Admonet LLC
Address: 30 N Gould St Ste R, Sheridan, WY 82801, United States
EIN: 30-1290301
Email: info@adbooks.co
Phone / WhatsApp / Viber: +352 691 202 610

Because AdBooks is owned by Admonet LLC, all rules and references concerning the AdBooks application apply to Admonet LLC.