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Terms and conditions of Launchyoo’s contracting of advertising in the “Early Booking” period

The contracting parties of the advertising campaigns on the Launchyoo platform are:

ONE PARTY, as owner of the Launchyoo platform (hereinafter, the Platform or Launchyoo) and the provider of information society services is PECH Network Services, S.L.U., with Tax ID Number: B40561185, at C/ Ramón Llull, 31, 4°, 11, 46021, Valencia (Spain), registered in the Mercantile Registry of Valencia, Volume 10.642, Book 7923, Folio 96, Sheet V- 186.754.

Contact email address: advertising@launchyoo.com

Hereinafter, “we”, “our” or “PECH NETWORK”.

The other party, the ADVERTISER, as an individual or legal entity that contracts the advertising services of PECH NETWORK for purposes relating to their commercial, business, craft or professional activity. 

The Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users (TRLGDCU), shall not apply, as the contractors of the service are not considered as consumers and/or users.

Acceptance of the present conditions means that the ADVERTISER:

– Has read and understands the foregoing in the present document.

– Is an individual, of legal age, with sufficient capacity to enter into a contract or a legal entity (legally constituted) that contracts through a legal representative with legal capacity and authority to do so.

– Assumes all the obligations stated herein. 

The purpose of the present terms and conditions is to contract the advertising services of PECH NETWORK by the ADVERTISER in the “Early Booking” period through the landing page https://promo.launchyoo.com/

2.1. Reservation of advertising services: The advertising services consist of the creation of advertising campaigns that will allow the ADVERTISER to have an advertisement placed as native advertising (with the format of the publications carried out by the users, but making it clear or emphasising that it is advertising content) in the advertising spaces in the new social network Launchyoo (hereinafter, Launchyoo), whose launch is scheduled from January the 15th, 2020.

The contracting of advertising services from PECH NETWORK during the “Early Booking” period consists of the reservation of advertising spaces on Launchyoo, which shall be used once the launch thereof has been carried out, in accordance with the present Terms and Conditions.

2.2. Discount for contracting in the “Early Booking” period: The contracting of advertising services in the “Early Booking” period results in a 30% discount of the total investment that the ADVERTISER intends to make in the campaign.

2.3. The advertisement: The advertisement that will be published on Launchyoo must have:

– A short text with a maximum of 150 characters.

– If desired, one of the following types of media files:

– An image with a minimum horizontal resolution of 1200 pixels. 

– A video that lasts a maximum of 60 seconds.

– An audio that lasts a maximum of 60 seconds.

– A URL that redirects the public.

PECH NETWORK reserves the right to reject or remove the publication of an advertisement that fails to comply with the indicated technical specifications or Launchyoo’s advertising policy.

2.4. The campaigns: The ADVERTISER can opt to invest in any of the following campaigns:

CPC campaign (Cost Per Click): The ADVERTISER invests in user clicks in the Advertisement published on Launchyoo.

CPM campaign (Cost per 1,000 Impressions): The ADVERTISER invests in impressions (visualisations) from the Advertisement published on Launchyoo.

The higher the investment, the unit cost of each action (click or 1000 impressions) becomes lower according to the following table:

InvestmentCPCCPM
From 0 € to 99.99 €0,30 €5,80 €
From 100 € to 199.99 €0,21 €5,10 €
From 200 € to 499.99 €0,16 €4,40 €
From 500 € to 999.99 €0,11 €3,60 €
From 1000 € upwards0,08 €2,60 €

The campaign will end when the number of actions allowed for the investment has been reached. The number of clicks or visualisations resulting from dividing the investment by a cost per action basis, shall be rounded up to the nearest whole number.

For example:

An investment of 100.00 € in CPC will end when 477 clicks on the published advertisement are obtained.

An investment of 250.00 € in CPC will end when 1,563 clicks on the published advertisement are obtained.

An investment of 100.00 € in CPM will end when 19,608 Impressions (visualisations) are obtained.

An investment of 250.00 € in CPM will end when 56,819 Impressions (visualisations) are obtained.

2.5. The advertising space and priority of advertisements: Launchyoo has advertising spaces with different categories depending on the priority in which such spaces are shown to its users:

Advertising SpacePRIORITY
Category 1The advertising space that the user is shown first
Category 2The advertising space that is shown to the user in second place
Category 3The advertising space that is shown to the user in third place
StandardThe advertising spaces that are shown to the user after the category 3 advertising space (fourth place hereinafter)

If the ADVERTISER wants to use these priority advertising spaces, they will have to pay an additional cost percentage for the investment agreed as part of a CPC or CPM campaign, according to the following table:

CATEGORY% of ADDITIONAL COST
135%
220%
310%
Standard0%

All advertisements that have purchased a placement advertising space in a particular category (1,2,3 or STANDARD) will be included in an advertisement group (pool) that will be shown randomly.

In order to contract advertising services in “Early Booking”, the ADVERTISER must enter https://promo.launchyoo.com/ , where they need to:

a) Complete all the personal data requested in the form provided.

b) Provide the short text they want to publish, a media file according to point 2.3 and a URL that redirects the public, all in accordance with the provisions in the present Terms and Conditions. This data may be provided later, but must be before Launchyoo’s launch date.

c) Select the type of campaign (CPC o CPM) and the investment to be made, as well as the target audience to target advertisements by age range and gender, and whether to publish the advertisement in one of the advertising spaces from category 1, 2 or 3.

d) By default, the advertisement will be published in the STANDARD advertising space. However, if the ADVERTISER wants to publish the advertisement in one of the advertising spaces from category 1, 2 or 3, it must be done in order to recalculate the campaign investment.

e) Read and if in agreement, accept the present Terms and Conditions regarding the contracting of advertising on Launchyoo in the “Early Booking” period and the Privacy Policy.

f) Pay for the contracted service through means of payment that we make available to the ADVERTISER. Be aware that the contract will not be regarded as being completed if the card issuer or the payment gateway used does not authorise the payment. The use of these payment methods means that the ADVERTISER has full authorisation to use the credit/debit card or the user’s profile in the corresponding payment gateway during the contracting process.

Once the entire process is completed, the ADVERTISER will have correctly formalised the reservation of their advertising space, to be used from the launch date.

g) It is essential to be able to publish the advertisement on Launchyoo that the ADVERTISER has a profile in the application, for example, INFLUENCER, BUSINESS or ASSOCIATION, that can be created as soon as Launchyoo commences operations.

The investment made by the ADVERTISER, plus the corresponding V.A.T., must be paid at the time of contracting advertising services during the “Early Booking” period.

PECH NETWORK will issue the corresponding invoice electronically, which shall be sent to the ADVERTISER by email to the address provided by the ADVERTISER at the time of contracting the service. 

The duration of each campaign depends on the cost per action (CPC or CPM), depending on the number of actions that the ADVERTISER’S investment allows.

The contractual relationship established between the parties may be terminated early due to a breach of obligations under these advertising Terms and Conditions on Launchyoo.

Any claims related to the provision of the service will be answered at the email address:

advertising@launchyoo.com

8.1. In their advertisements, the ADVERTISER shall be bound by the General Advertising Law (LGP), 34/1988 of 11 November; the Unfair Competition Act (LCD), Law 3/1991 of 10 January; the Royal Legislative Decree 1/2007 of 16 November, which approved the consolidated text of the General Law for the Protection of Consumers and Users (TRLGDCU); Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), as well as the laws and sectorial self-regulation codes (which regulate gambling, tobacco, alcohol, sanitary products, etc.).

The ADVERTISER shall be solely responsible for any advertising that they do in breach of these provisions, assuming fully and exclusively all consequences of failure to comply with these terms.

8.2. The advertisement must fulfil the technical specifications set by PECH NETWORK: Respect the maximum limit of characters in the short text, the characteristics of the media file and provide a URL.

The ADVERTISER must have the intellectual property rights over the content of the media file that they wish to include in the advertisement.

The URL must correspond to a Website of the ADVERTISER and may not, under any circumstances, redirect the user to malicious or illegal content.

8.3. The advertisements shall not imply any type of link or association with PECH NETWORK or Launchyoo.

8.4. Failure to comply with any aspect of the advertising policy will entitle us to refuse your advertisement, remove a published advertisement or cancel your advertiser account. This is without prejudice to our right to withhold the amounts paid as an investment, in the case of using content subject to Intellectual and/or Industrial Property rights without authorisation from its owner, and to use content which promotes illegal products and/or links to malicious or illegal content, without prejudice to our right to claim against the ADVERTISER for any damage or loss resulting from their infringement. 

It is expressly stated that PECH NETWORK shall have the power to inform the competent authority in the event that the ADVERTISER violates the applicable legislation.

In the event that there is a delay exceeding THREE MONTHS from Launchyoo’s scheduled launch date, the ADVERTISER may request the full refund of the investment made in the reservation of the campaign in the “Early Booking” period.

Except for the case listed in the previous paragraph, PECH NETWORK will not, under any circumstances, reimburse the amount of the investment in the campaign, in the event that the ADVERTISER decides to cancel said campaign. 

In this case, the ADVERTISER may restart the campaign in a period not exceeding six months from the platform’s launch date, until reaching the number of actions subject to the contracted campaign. The request to cancel or suspend a campaign by the ADVERTISER shall not give right to a refund of the amount of the investment.

Only the amount of the investment made by the ADVERTISER shall be refunded if PECH NETWORK refuses its publication for violating the advertising policy. It is understood that such refund will not take place once the advertisement is published, even if the breach of the advertising policy is detected after its publication.

These terms and conditions will be governed by Spanish law.