1. Parties and Capacity
Prelo is currently operated as an unincorporated project by its founders (the “Operator”) in Hungary. A limited liability entity will be established once the Service achieves commercial validation and, upon such formation, will assume all rights and obligations of the Operator under these Terms by operation of law and by written notice to Customer. You represent and warrant that you are at least eighteen (18) years of age and, where you act on behalf of an organisation, that you have full authority to bind that organisation to these Terms.
2. The Service
The Service provides tools that connect to advertising and commerce platforms nominated by Customer, analyse marketing performance data, and generate recommendations and automated actions intended to assist Customer’s marketing operations. Prelo may modify, add, or discontinue features from time to time; where a modification materially reduces functionality, Prelo will use reasonable efforts to notify Customer in advance.
3. Accounts, Team Members, and Security
To access the Service you must create an account and provide accurate, current, and complete information. Customer is responsible for maintaining the confidentiality of authentication credentials, for all activity that occurs under its account, and for promptly notifying Prelo of any suspected unauthorised access. Customer may invite team members, in which case Customer warrants that it has authority to bind those individuals to these Terms and remains responsible for their compliance.
4. Free Trial
Prelo may offer a seven (7) day free trial to first-time customers. At the end of the trial, access to paid features will cease unless Customer subscribes to a paid plan. No payment card details are required to start a trial unless expressly indicated at sign-up.
5. Fees, Billing, and Taxes
Where Customer subscribes to a paid plan, fees are payable in advance for the applicable billing period (monthly or annually, as selected). All fees are exclusive of value-added tax and other applicable taxes, which will be added to invoices where required by law. Subscriptions renew automatically for successive periods unless cancelled prior to the end of the then-current period. Fees paid are non-refundable except where expressly required by mandatory law.
6. Cancellation and Termination
Customer may cancel a subscription at any time via the Service; cancellation takes effect at the end of the then-current billing period. Prelo may suspend or terminate the Service (a) upon fifteen (15) days’ written notice for convenience, (b) immediately for material breach that remains uncured for ten (10) days after notice, or (c) immediately where required by law or to protect the integrity of the Service. Upon termination, Customer’s right to access the Service ceases; sections 8–15 survive termination.
7. Third-Party Connections
The Service integrates with third-party advertising and commerce platforms selected by Customer. Customer’s use of those platforms is governed by their own terms and policies. Customer authorises Prelo to access, retrieve, and act upon data held in those platforms strictly to provide the Service. Prelo is not responsible for the accuracy, availability, or content of third-party platforms or for any change to their APIs.
8. Recommendations and Autopilot
Recommendations produced by the Service are informational and become effective only upon explicit approval by an authorised user, unless Customer expressly enables Autopilot for a specific class of action. Autopilot operates strictly within the budget guardrails Customer configures and does not increase Customer’s aggregate marketing spend beyond such guardrails. Customer remains solely responsible for the marketing outcomes of any action executed through the Service, whether approved manually or executed by Autopilot.
9. Acceptable Use
Customer shall not, and shall not permit any user to:
- use the Service in breach of law, including advertising and consumer protection law;
- infringe intellectual-property, privacy, or publicity rights of third parties;
- reverse engineer, decompile, or attempt to derive source code of the Service;
- circumvent authentication, rate limits, or usage restrictions;
- transmit malicious code or interfere with the integrity or performance of the Service;
- use the Service to send unsolicited communications or otherwise engage in abusive marketing.
10. Intellectual Property
The Service, including all software, models, designs, and documentation, is and remains the exclusive property of Prelo and its licensors. Subject to these Terms, Prelo grants Customer a non-exclusive, non-transferable, revocable licence to access and use the Service during the subscription term for its internal business purposes. Customer retains all rights in the data it provides or that is retrieved on its behalf (“Customer Data”) and grants Prelo a limited licence to process Customer Data solely to provide, secure, and improve the Service. Aggregate and anonymised statistics that do not identify Customer may be used by Prelo without restriction.
11. Confidentiality
Each party shall protect the other’s Confidential Information with the same degree of care it uses for its own confidential information of similar importance, and in no event less than a reasonable standard of care, and shall use it solely to perform under these Terms. Confidential Information does not include information that is publicly available through no fault of the receiving party, was independently developed, or is required to be disclosed by law.
12. Data Protection
Prelo processes personal data in accordance with the Privacy Policy. Where Prelo processes personal data on behalf of Customer, a data processing agreement compliant with Article 28 GDPR is deemed incorporated into these Terms and is available upon request.
13. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Prelo disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. Prelo does not warrant that the Service will produce any particular commercial outcome, return on advertising spend, or increase in revenue.
14. Limitation of Liability
To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, or data, arising out of or in connection with these Terms, even if advised of the possibility of such damages. Each party’s aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by Customer to Prelo in the twelve (12) months preceding the event giving rise to liability. Nothing in this section limits liability for death or personal injury caused by negligence, for intentional misconduct, or for any other liability that cannot be excluded under applicable law.
15. Indemnification
Customer shall indemnify and hold Prelo harmless from any third-party claim arising out of (a) Customer Data, (b) Customer’s use of the Service in breach of these Terms or applicable law, or (c) Customer’s marketing activity executed through the Service. Prelo shall indemnify Customer against any third-party claim alleging that the Service, as provided by Prelo, infringes such third party’s intellectual-property rights, subject to Customer promptly notifying Prelo, granting Prelo sole control of the defence, and cooperating reasonably.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or power failures, or third-party service outages.
17. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Hungary, without regard to conflict-of- law principles. The courts of Hungary shall have exclusive jurisdiction, save that consumers domiciled in the European Union may also bring proceedings in the courts of their Member State of residence, as required by mandatory law.
18. Miscellaneous
These Terms, together with the Privacy Policy and any order form or plan description referenced within the Service, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior communications. If any provision is held unenforceable, the remaining provisions shall remain in full force and the unenforceable provision shall be replaced by an enforceable one that most closely reflects the parties’ original intent. Failure to enforce any right is not a waiver. Customer may not assign these Terms without Prelo’s prior written consent, save to a successor in interest by way of merger, acquisition, or sale of substantially all of Customer’s assets. Prelo may assign these Terms to a successor entity, including the entity to be formed as described in Section 1.
19. Changes to the Terms
Prelo may update these Terms from time to time. Material changes will be notified to Customer by email or in-Service notice at least fifteen (15) days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms; if Customer does not accept them, its sole remedy is to cease using the Service and cancel any subscription.
20. Contact
Questions regarding these Terms should be addressed to info@prelomarketing.com.
