Terms of Service
Version 1.0
Effective date: 4 October 2026
These Terms of Service ("Terms") govern the use of our Platform at plakard.io and its subdomains. By creating an Account or placing a Campaign Order you accept these Terms. If you act for a company, you confirm that you are authorised to bind it.
1. Who we are
1.1. The Platform is operated by Plakard Advertising OÜ, a private limited company registered in the Estonian Commercial Register under registry code 17606942, registered address Pärnu mnt 139b-14, 11317 Tallinn, Harju maakond, Estonia, VAT number EE103033673 ("we", "us", "our").
1.2. Contact: support@plakard.io. Full contact details are in section 22.
2. Definitions
2.1. Platform: our websites, the advertiser portal, the publisher portal, the ad script and the related services.
2.2. Account: a registered user profile on the Platform.
2.3. Advertiser: a person or company that buys advertising services from us.
2.4. Publisher: a business that supplies advertising space on its website or app to us.
2.5. Plakard: an advertising space that a Publisher creates on the Platform and embeds on its website or app.
2.6. Ad: the text, image or other content that an Advertiser creates on the Platform for display in a Plakard.
2.7. Campaign Order: an Advertiser's order for display of an Ad in a selected Plakard for a selected budget. The Campaign is the display of the Ad under that Campaign Order. A Campaign is running from the approval of its Ad until it ends, including while its Ad or Plakard is stopped (section 15.6) or it has not yet started (section 9.3).
2.8. Campaign Budget: the amount of a Campaign Order before VAT. The Platform shows Consumers the Campaign Budget including VAT.
2.9. Impression: one display of an Ad in a Plakard, counted by the Platform under section 6.6.
2.10. Publisher Rate: the price per 1,000 Impressions (CPM) that the Publisher sets for its Plakard, including any separate price for gambling Ads (section 10.2), less any volume discount it sets for the Impressions of a Campaign Order beyond a given number (section 8.1), and at which we buy the Publisher's advertising space.
2.11. Default Ad: content that a Publisher defines for its Plakard and that is shown when no paid Ad is being displayed, and in a limited share of displays under section 6.5.
2.12. Consumer: a natural person acting for purposes outside their trade, business or profession.
2.13. Business Customer: any Advertiser or Publisher that is not a Consumer.
2.14. Working Day: a day from Monday to Friday that is not a public holiday in Estonia.
3. What we sell and our role
3.1. We sell advertising services in our own name and for our own account, at prices we set. The Advertiser's contract for advertising services is with us only, and we are the seller of record for every Campaign Order.
3.2. To deliver those services, we buy advertising space from Publishers as our suppliers, at the Publisher Rate, which is our purchase price and which we pay from our own funds. The Publisher Rate does not depend on the price at which we sell advertising services, and the Publisher has no claim to any part of the amounts Advertisers pay us. The Publisher's contract for the supply of advertising space is with us only.
3.3. Advertisers and Publishers have no contract or payment flow with each other under these Terms. We are responsible to Advertisers for delivering every Campaign Order, including where a Publisher does not supply its advertising space, and we pay refunds from our own funds, whether or not we recover anything from the Publisher.
3.4. The Platform is available 24 hours a day, subject to maintenance, updates and events outside our control. We do not guarantee uninterrupted availability.
4. Accounts
4.1. You need an Account to order Campaigns or to create Plakards. You must give accurate and complete information, including billing details and, for Business Customers, the company name, registration number, address and VAT number where one exists, and keep it up to date. A registration that is not confirmed through the link in our email within 2 days (Advertisers) or 7 days (Publishers) is deleted.
4.2. You must be at least 18 years old. Publishers must be businesses (a company or a registered sole trader). Advertisers may be Business Customers, or Consumers in the EU (section 7.4).
4.3. You are responsible for keeping your login details confidential and for all activity in your Account. Tell us at once if you suspect unauthorised access.
4.4. One person or company may hold one Account per role, unless we agree otherwise.
4.5. We may ask for documents to verify your identity, company, address or tax status, including to comply with tax law, sanctions law and the requirements of our payment providers. If you do not provide them within 14 days of our request, we may suspend the Account until verification is complete and, if you are a Publisher, hold our payments to you under section 11.7(c). Refunds to Advertisers are held only under section 4.6.
4.6. We do not offer Accounts to persons or companies that are subject to EU, UN or other applicable sanctions, owned or controlled by such persons, located in sanctioned territories, or to which sanctions law does not allow us to provide our services. If this applies to you after your Account is opened, we suspend or close the Account and hold any payment or refund due to you for as long as sanctions law requires (for payments to Publishers, section 11.7(g)); we pay a held refund within 14 days after the hold ends.
5. Acceptable use
5.1. You must not:
- use the Platform for any unlawful purpose;
- share your login details with others;
- attempt unauthorised access to our systems, or probe, scan or test their vulnerability without our written permission;
- access the Platform's internal API other than through the Platform's own interfaces, or use bots or scrapers, without our written permission;
- place a load on the Platform that affects its operation;
- generate, buy or encourage artificial Impressions or clicks, or otherwise manipulate the Platform's measurements.
6. Advertisers: Campaign Orders and delivery
6.1. Before you order. Before you place a Campaign Order, the Platform shows you the Plakard and its position on the page, the price per 1,000 Impressions, including any volume discount and the number of Impressions from which it applies, the number of Impressions your Campaign Budget buys, the total price including VAT, the end date you chose (section 6.7), that you may end the Campaign at any time (section 8.1), and, where the Platform can estimate it, the expected delivery period. You can check and correct all entries before you place the order.
6.2. Placing an order. You create an Ad on the Platform, choose a Plakard and a Campaign Budget, and place the Campaign Order. You cannot place a Campaign Order for a Plakard that is stopped (section 15.6) or being closed (section 10.11), or while your Account is suspended (section 15.1). When you place the Campaign Order, our payment provider reserves the total price including VAT with your payment method; nothing is charged yet. We confirm receipt of your Campaign Order by email without delay; this is not yet our acceptance. Your Campaign Order is an offer to us; we accept it, and the contract for that Campaign Order is concluded, when we confirm by email that we approved the Ad under section 6.4 and charged the reserved amount. If the charge fails, no contract is concluded, and section 8.2 applies. The confirmation contains the details of the Campaign Order under section 6.1, the full text of these Terms, your request and acknowledgement under section 9.3 if you made them, and, for Consumers, the withdrawal form in Annex 1. We display the Ad only after we have sent this confirmation. If the Ad is not approved, or you cancel the Campaign Order before approval, no contract is concluded and we cancel the reservation at once, at no cost to you. When the reserved amount becomes available to you again depends on your bank or payment provider.
6.3. Price. The price per 1,000 Impressions shown to you is our price for our advertising service. We set it at our discretion. A later change to our price does not affect a Campaign Order you have already placed. Our prices are before VAT, and we add VAT where it applies (section 7.4). Prices shown to Consumers include VAT.
6.4. Review. We decide whether to approve each Ad before it is displayed. We first check the Ad against these Terms by automated means, and a person reviews it where the automated check flags it. We then ask the Publisher of the selected Plakard whether it will supply its advertising space to us for that Ad; the Publisher reviews the Ad before it decides. We decide within 6 days of the reservation, or earlier if the reservation would expire earlier. Within that period, the Publisher or we may ask you to correct the Ad, and you may correct it without a new reservation. We do not approve an Ad while its Plakard is stopped or while your Account is suspended. An Ad that is not approved within that period counts as rejected. If an Ad is rejected, we tell you the reasons, including whether automated means were used, section 8.2 applies, and you may place a new Campaign Order with a corrected Ad.
6.5. Delivery. An approved Ad is displayed in the Plakard until the Impressions bought with the Campaign Budget are delivered or its end date is reached (section 6.7), whichever comes first. If the Campaign ends before all Impressions are delivered, including on its end date, we refund the unused remainder under section 8.1. Several Ads may run in the same Plakard at the same time; the Platform rotates them. While paid Ads are being displayed, the Publisher's Default Ad may be shown in up to 5% of displays, unless the Publisher turns this off, and whenever a paid Ad cannot be served for technical reasons; this does not reduce the Impressions a Campaign Order receives.
6.6. Measurement. An Impression is counted when at least half of the Ad's area has been in the visible part of the page, with the page in the foreground, for at least one continuous second, as reported by the Platform's ad script and validated by our servers. Displays that our systems identify as invalid (for example automated, duplicated or fraudulent activity) are not counted and are not charged. The Platform's records are the basis for all charges and payments. You may dispute them under sections 6.9 and 20.3; this does not change who bears the burden of proof under the applicable law. If we later find that counted Impressions were invalid, including Impressions from a Plakard that did not meet section 10.8 or was embedded against section 10.3, we remove them from the count. While the Campaign runs, it delivers those Impressions again; after it has ended, we recalculate the unused remainder under section 8.1 and refund the difference within 14 days of our finding.
6.7. Campaign period. You choose the end date when ordering. It must be at least 7 days after you place the Campaign Order, or at least 30 days if you are a Consumer who did not ask for an early start (section 9.3), and at most 6 months after it. The Campaign ends on that date at the latest, and section 8.1 applies to the unused remainder.
6.8. If your Ad or its Plakard is stopped. While your Ad or its Plakard is stopped under section 15.6, your Campaign is not displayed and nothing is charged for it; its end date does not change, and you may end it at any time under section 8.1.
6.9. Measurement complaints. If you believe that counted Impressions are not valid, you may complain on the Platform, with your reasons and any evidence you have, while the Campaign runs or within 14 days of its end. Section 20.3 applies to the complaint; if you are a Consumer, we also handle a complaint made later or in another form. If we find that Impressions were counted in error, section 6.6 applies to them.
6.10. Delivered Impressions and payment reversals. The amount paid for valid Impressions is not refundable. The complaint procedure in section 6.9 is the quickest way to challenge Impressions you consider invalid, and we ask you to use it before asking your card issuer or payment provider to reverse a payment (chargeback). If a payment for a Campaign Order is reversed, or we refund it because the card issuer or our payment provider reported it as fraudulent, the Campaign ends at once, because it is no longer paid for, and we may contest a reversal with the Platform's records. If the amount comes back to us, we refund the unused remainder under section 8.1 within 14 days of receiving it. If it does not, the amount for the Impressions delivered, and any amount we have already refunded to you, remain due, you pay them within 15 days of our written request, and we may suspend your Account until they are paid (section 15.1).
6.11. Your Ad. You are responsible for the content of your Ad and warrant that you hold all rights needed to use it, that it does not infringe the rights of others, and that it complies with section 13 and with the law of the countries where it is displayed.
6.12. Where your Ad appears. You buy Impressions in a Plakard as it was shown to you when you ordered. Small shifts within the same area of the page are allowed. If the Publisher moves the Plakard without the confirmation required by section 10.8, we stop the Plakard under section 15.6. We confirm a new position only if its visibility is comparable to the original one. If we confirm a new position, before or after the move, we tell you before your Ad is displayed there, and you may end the Campaign under section 8.1.
6.13. Political advertising. We do not accept political advertising within the meaning of Regulation (EU) 2024/900 on the transparency and targeting of political advertising. When ordering a Campaign you must declare truthfully whether your Ad is political advertising, and you are responsible for the accuracy of that declaration. Political advertising includes any Ad by, for or on behalf of a political actor, such as a political party, candidate, holder of elected office, member of a government or political campaign organisation, unless it is purely private or purely commercial, and any Ad that is liable and designed to influence the outcome of an election or referendum, voting behaviour or a legislative or regulatory process at EU, national, regional or local level. If we consider an Ad to be political advertising, on our own review or after a report from the Publisher or anyone else, we may ask you to correct your declaration, and we reject the Ad (sections 6.4 and 8.2 apply) or, if its Campaign is already running, end the Campaign (section 8.4 applies). If a Publisher reports an Ad as political advertising and we do not consider it so, the Ad keeps running.
6.14. Gambling Ads. When ordering a Campaign you must declare truthfully whether your Ad promotes gambling, including betting (a gambling Ad). Gambling Ads can be ordered only for a Plakard for which we allow them and for which the Publisher has set a separate Publisher Rate (section 10.2). With a gambling Ad, when you order, you must show us the licence that the law of each country to which the Publisher's website or app is directed requires (section 13.1), and the Ad must contain the warnings that this law requires; otherwise we reject it (sections 6.4 and 8.2 apply). Our price for a gambling Ad can differ from our price for other Ads on the same Plakard. If we consider your Ad a gambling Ad and you declared otherwise, we reject the Ad (sections 6.4 and 8.2 apply) or, if its Campaign is already running, end the Campaign (section 8.4 applies).
7. Prices, payment, invoices and VAT
7.1. Currency. All prices, payments and invoices are in euro (EUR).
7.2. Payment. Campaign Orders are paid upfront, before delivery: reserved when you place the Campaign Order and charged when we approve the Ad (section 6.2), through our payment provider and using the payment methods shown at the start of the ordering process. The payment provider's own terms may also apply to the payment.
7.3. Invoices. We issue an invoice to the Advertiser for each paid Campaign Order, electronically. Business Customers must give correct billing details; we are not responsible for errors caused by incorrect details.
7.4. VAT. We charge VAT under EU and Estonian VAT law; the price at checkout and the invoice show the VAT applied. A Business Customer in another EU Member State whose VAT number is valid in the EU VIES system and belongs to the name and address it gives us is invoiced without VAT under the reverse-charge mechanism; otherwise we charge VAT as for a Consumer, and the customer remains a Business Customer under these Terms. We determine a Consumer's location from the billing address, the payment method and similar information. A Business Customer outside the EU is invoiced without Estonian VAT and accounts for any tax due in its own country; we treat a customer outside the EU as a Business Customer only if it gives us a tax number and proof of business registration that the law of its country accepts. Outside the EU we accept Campaign Orders only from Business Customers, and only where the sale does not require us to register for VAT in the customer's country.
7.5. Taxes of users. Each user is responsible for its own taxes. We do not give tax advice.
8. Unused remainder and refunds
8.1. Unused remainder. You may end a Campaign at any time on the Platform; a Campaign also ends on its end date (section 6.7). When a Campaign ends, we refund the part of the amount you paid that was not consumed by delivered Impressions (the "unused remainder") to your original payment method, automatically and without any deduction for payment processing fees. The unused remainder is the amount you paid less the price of the Impressions delivered, both including VAT. We calculate that price at the prices of your Campaign Order as if you had ordered only the Impressions delivered: they are counted first at the price without a volume discount, and a volume discount applies only to the Impressions delivered beyond the number from which it applies. The unused remainder cannot be applied to another Campaign Order, and it is paid to another account only under sections 8.5 and 9.4. We may deduct from it any amount you owe us under section 6.10.
8.2. Orders that are not approved. A Campaign Order whose Ad is not approved, or that ends before approval for any other reason, is not charged: we cancel the reservation (section 6.2), and there is nothing to refund.
8.3. Plakard no longer available. If a Plakard closes under section 15.6, is deactivated under section 10.3, closes because we close the Publisher's Account (section 15.5) or is removed because of an event under section 18.1 while a Campaign is running, the Campaign ends and section 8.1 applies to the unused remainder.
8.4. Campaigns we end because of your breach. If we end a Campaign because you breached these Terms, for example because its Ad or the page it links to breaches section 13, we keep 30% of the unused remainder as a contractual penalty and refund the rest under section 8.1, after deduction of any other amount you owe us. If you end a Campaign whose Ad or Plakard is stopped under section 15.6, or close your Account during such a stop, we refund that Campaign's unused remainder after the stop ends, and if before then we confirm that you breached these Terms with that Campaign (section 15.6(b) or (c)), this section applies as if we had ended the Campaign. A withdrawal under section 9 is not affected. The penalty covers our own loss from the breach, and we claim no other damages for that loss; section 17.1 still applies. If you are a Consumer, this section applies without the contractual penalty: we refund the whole unused remainder under section 8.1, and we may deduct from it only damage that the breach has caused us and that we prove.
8.5. Timing. Refunds are made to the original payment method within 14 days of the event that triggers them, such as the end of the Campaign or our finding under section 6.6. If a refund to the original payment method fails, we ask without delay for a bank account held by the holder of that payment method and pay the refund there within 14 days of receiving the details and any proof of ownership we reasonably ask for. We do not pay refunds to any other account. Until we receive the details, we keep the amount available for you until your claim expires under the law. Waiting for the details does not postpone or suspend the limitation period for your claim.
9. Right of withdrawal for Consumers
9.1. If you are a Consumer, you may withdraw from a Campaign Order without giving any reason. The withdrawal period ends 14 days after the day the contract is concluded (section 6.2).
9.2. How to withdraw. Click "Withdraw from contract here" on the Campaign page of your Account (the link is also in the email confirming the approval and the payment under section 6.2), check your details and click "Confirm withdrawal". You may instead send a clear statement to support@plakard.io, with or without the model form in Annex 1. You meet the deadline if you send your statement before the withdrawal period ends. We confirm receipt by email without delay, showing the content of your withdrawal and the date and time you sent it.
9.3. Early start. We display your Ad within the withdrawal period only if you ask for that by ticking the separate box at checkout, by which you also acknowledge that you lose your right of withdrawal once all ordered Impressions have been delivered. Otherwise your Campaign starts after the withdrawal period ends. If you asked for an early start and you withdraw, we stop the Campaign when your withdrawal reaches us, you pay only the share of the total price that corresponds to the share of ordered Impressions delivered before then, and we refund the rest. If you did not ask for an early start and you withdraw, we refund the whole amount.
9.4. Refund. We refund all payments due to you without undue delay and at the latest within 14 days of receiving your withdrawal, using the payment method you used unless you expressly agree otherwise, at no cost to you. If the refund to that payment method fails, section 8.5 applies.
9.5. Your rights under section 8 apply in addition to this section.
10. Publishers: Plakards and supply of advertising space
10.1. Plakards. You may create Plakards on the Platform, set their design, parameters and Publisher Rate, and embed them on websites or apps you own or control. You are responsible for the correct technical integration.
10.2. Publisher Rate. If we allow gambling Ads (section 6.14) for your Plakard, you may set a separate Publisher Rate for them; if we do not allow them or you set no such rate, gambling Ads cannot be ordered for that Plakard. We decide whether to allow gambling Ads for a Plakard depending on the law of the countries to which your website or app is directed. You may change the Publisher Rate at any time. A change does not affect Campaign Orders already placed. The price you set for 1,000 Impressions must be between EUR 1 and EUR 100, excluding VAT and before any volume discount; the Platform shows these limits when you set it.
10.3. Your sites. You must not embed a Plakard on a website or app that contains content listed in section 13.1, or where displaying advertising is unlawful. We may deactivate a Plakard embedded in such an environment without prior notice, and we tell you the reasons. Section 8.3 then applies to the Campaigns in that Plakard, Impressions displayed there while the website or app featured such content are invalid under section 6.6, and the contractual penalty under section 10.11 applies. Deactivation is permanent unless we uphold your complaint under section 20.3.
10.4. Ads for your Plakard. When we offer an Ad for your Plakard, you may decline, without giving reasons, to supply your advertising space to us for that Ad, or ask for a correction, within the review period under section 6.4. If you do not answer within that period, you are treated as having declined. If you agree to supply your advertising space for an Ad and we approve it, you undertake to supply it in that Plakard, in its position as allowed under section 6.12, for that Ad until its Campaign ends; you see its end date before you decide. If you believe an approved Ad breaches these Terms, report it under section 13.2.
10.5. Default Ad. You may define a Default Ad for each Plakard. It is displayed free of charge, generates no payment, and must comply with these Terms.
10.6. Invalid activity. Section 5.1 applies in particular to your own Plakards: you must not incentivise visitors to view or click Ads, or use any technique that inflates Impressions. You and your Linked Persons (section 11.8) must not order Campaigns for your own Plakards or have others order them for you. We may reject such Campaign Orders and end such Campaigns (section 8.4 applies), and their Impressions are not payable. While we check reasonable grounds to believe that Impressions in your Plakards are invalid, we may stop the Plakard under section 15.6.
10.7. Your disclosures to visitors. You must inform the visitors of your website or app, in your own privacy notice, that the site uses our ad script and link to our Privacy Policy, and obtain any consent that the law applicable to you requires for the use of the script. Section 12.3 applies.
10.8. How a Plakard must be displayed. On every page where you embed a Plakard, it must:
- be displayed at the size set for it on the Platform;
- be fully visible when it is in the visible part of the page, and not be covered, transparent, hidden or moved outside the visible page;
- appear once per page, unless the Platform allows more;
- be embedded only on the websites or apps registered in your Account.
The Plakard must stay in the position shown on the Platform (section 6.1). Small shifts within the same area of the page, for example after a layout update, are allowed. Moving it to another area, for example from the first screen further down the page, from the main content to a sidebar or footer, or to another page, needs our confirmation, which you may ask for on the Platform before the move. If you move the Plakard without our confirmation, we stop it under section 15.6 until you restore the original position or we confirm the new one (section 6.12). Impressions from a Plakard that does not meet this section are invalid under section 6.6.
10.9. Automated checks. We check pages with embedded Plakards by automated means and keep records of the results. These checks do not generate Impressions and are not paid. You must not block the checks or show them a page that differs from what visitors see.
10.10. If a Plakard does not meet section 10.8. If our checks or other evidence give reasonable grounds to believe that a Plakard does not meet section 10.8, for example because it is missing from the page, hidden or covered, or our checks are shown a different page than visitors see, we may stop it under section 15.6. If it meets section 10.8 again before the stop ends, or we uphold your complaint, no penalty applies; otherwise the Plakard closes and you owe the contractual penalty under section 10.11. Repeated breaches are serious breaches under section 15.2.
10.11. Closing a Plakard. You may close a Plakard on the Platform at any time. From then on it accepts no new Campaign Orders, Campaign Orders whose Ad is not yet approved end under section 8.2, its running Campaigns continue until they end, and the Plakard closes when the last of them has ended; no penalty applies. If a Plakard closes under section 15.6, is deactivated under section 10.3 or closes because we close your Account for your breach (section 15.5) while Campaigns are running in it, you have breached your undertaking under section 10.4 and owe us a contractual penalty of 30% of the unused remainders of those Campaigns, excluding VAT. No penalty applies where the Plakard is removed because of an event under section 18.1. The penalty covers our own loss from the breach, and we claim no other damages for that loss; section 17.1 still applies. We deduct it from the amounts we owe you; if they are not enough, you pay the difference within 15 days of our written request.
11. Publisher payments, invoicing and VAT
11.1. What we pay. For each calendar month, we pay the Publisher the Publisher Rate that applied when the Campaign Order was placed, for the valid Impressions delivered in its Plakards for paid Ads in that month. A volume discount applies only to the valid Impressions of a Campaign Order delivered beyond the number from which it applies (section 8.1). Displays of the Default Ad and invalid Impressions (section 6.6) are not paid.
11.2. When we pay. We pay the amount for each calendar month on the 15th day of the following month (for example, January on 15 February), by bank transfer to an account held in the Publisher's own name. The limitation period for the Publisher's payment claims begins on the payment date under this section. If a transfer fails, we ask without delay for another account in the Publisher's own name and pay within 14 days of receiving it; until we receive it, we keep the amount available for the Publisher until its claim expires under the law. Waiting for the account details does not postpone or suspend the limitation period for the Publisher's claim. Bank charges on the receiving side are borne by the Publisher.
11.3. Own invoice. By the 5th day of the following month, you may upload on the Platform your own invoice for the exact amount shown on the Platform for the previous month. An invoice that does not match the amount shown on the Platform counts as not uploaded: we tell you, you cancel it, and section 11.4 applies.
11.4. Self-billing. If you do not upload your own invoice by the 5th day, you agree that we issue the invoice for that month in your name and on your behalf ("self-billing") by the 7th day of the following month, marked "Self-billing", and send it to you by email. The email states that the invoice counts as accepted if you do not object within 14 days (section 11.5). You must not issue your own invoice for a month that we have self-billed. You must tell us at once if your VAT status or billing details change. You remain responsible for including the invoice in your own tax returns. Self-billing concerns only the invoice for your supply to us; it does not make either party the agent of the other. Self-billing also covers corrections: where Impressions of an invoiced month are not payable (section 11.8) or we uphold an objection (section 11.5), we correct the self-billed invoice with a separate line on the next self-billed invoice that refers to the original invoice number and month, or with a separate credit note where there is no next self-billed invoice. Where you issued your own invoice, you issue the correction.
11.5. Objections. You may object to a self-billed invoice or to the amount for a month within 14 days of receiving it; section 20.3 applies. A self-billed invoice you do not object to within that period counts as accepted by you. If we uphold the objection, we correct the invoice under section 11.4 and settle the difference on the next payment date under section 11.2.
11.6. VAT on your supply to us.
- Publishers registered for VAT in Estonia charge Estonian VAT.
- Publishers established outside Estonia (in the EU or elsewhere): the supply is invoiced without VAT, we account for Estonian VAT under the reverse-charge mechanism, and the invoice states "Reverse charge".
- Publishers established in Estonia that are not registered for VAT charge no VAT.
11.7. Holding payments. We may hold the part of a payment to you affected by any of the following, and pay the rest on the normal date: (a) an Advertiser payment for Impressions in your Plakards that shares one of the links listed in section 11.8, or a device, with your Account, or three or more Advertiser payments for your Plakards that, within 90 days, were declined or reversed as unauthorised or refunded by us because the card issuer or our payment provider reported them as fraudulent; (b) a stop of your Plakard under section 15.6, for the Impressions of that Plakard; (c) documents required under section 4.5 are missing; (d) a disagreement between us about the amounts; (e) a requirement of an authority; (f) reasonable grounds to believe that Impressions in your Plakards are invalid (sections 6.6 and 10.6), for those Impressions; (g) sanctions law (section 4.6). Within 5 Working Days after a hold starts, we tell you in writing which amount is held and why. A person reviews a hold started by automated means before we tell you. A hold under (a) ends no later than 150 days after the later of the date of the Advertiser payment concerned and the last day of the month in which the Impressions were delivered; a hold under (b) ends when the stop ends; a hold under (c) lasts until the documents are provided; a hold under (g) lasts for as long as sanctions law requires; any other hold ends no later than 90 days after it starts, unless court or official proceedings about the amount are pending. A hold under (c) does not postpone or suspend the limitation period for your claim. When a hold ends, we pay the held amount on the next regular payment date under section 11.2, less only amounts that are not payable under section 11.8 and contractual penalties we deduct under section 10.11, and give written reasons for any deduction.
11.8. Adjustments. Impressions are not payable if they are invalid under these Terms, if they belong to a Campaign ordered against section 10.6, or if they were paid for with an Advertiser payment made by you or a Linked Person, or at your or their request, that is reversed for any reason or that we refund because the card issuer or our payment provider reported it as fraudulent. "Linked Person" means your directors, shareholders, beneficial owners, employees and Account users, companies in your group, and anyone acting on your behalf. For a payment that is reversed or that we refund as fraudulent, we treat it as made by or for you if the Advertiser's Account and your Account share a person, email address, receiving bank account or payment card, or if the Advertiser's Account was created or managed from your Account. You may rebut this by showing that the Advertiser acted independently of you and your Linked Persons. We bear the loss from all other reversed Advertiser payments, and they do not reduce our payments to you. If we have already paid for Impressions that are not payable, we may deduct the amount from future payments to you or ask you to repay it within 15 days of our written request, which names the payments and the facts we rely on.
12. Personal data
12.1. We process personal data as described in our Privacy Policy at https://www.plakard.io/privacy-policy.
12.2. Advertisers and Publishers do not receive each other's contact details. A Publisher sees the Advertiser's name and the Ad only as needed to decide whether to supply its advertising space for it. If we hold or deduct an amount because of a linked payment (sections 11.7 and 11.8), we tell the Publisher which payments are concerned and which link we found, and nothing else about the Advertiser.
12.3. Data collected through Plakards. Our ad script collects the limited data described in the Privacy Policy from visitors of the Publisher's site or app, to deliver Ads, count Impressions and clicks, check that Plakards are used as these Terms require, prevent fraud and keep our systems secure. We and the Publisher are jointly responsible for collecting this data through the script on the Publisher's site or app and sending it to us; we alone decide the purposes and means of all further processing and are its controller. For the joint part, we and the Publisher agree that: we provide the information to visitors through our Privacy Policy and handle requests from visitors; the Publisher discloses the use of the script under section 10.7 and forwards to us without delay any visitor request about that data; and each party is otherwise responsible for its own processing. The essence of this arrangement is made available to visitors in the Privacy Policy.
13. Prohibited content
13.1. The following content is not allowed in Ads, in Default Ads, or on the websites and apps where Plakards are embedded. Content that:
- is illegal in the country where it is displayed, or promotes illegal activity;
- promotes violence, terrorism, hatred or discrimination on grounds such as race, ethnic origin, nationality, religion, sex, sexual orientation, age or disability;
- is pornographic or sexually explicit, or offers sexual services;
- promotes illegal drugs or other prohibited products;
- promotes fraud, phishing, malware or pyramid schemes;
- promotes alcohol, tobacco or nicotine products (including e-cigarettes), gambling, medicines, health services, infant formula, weapons, ammunition, explosives, crypto-assets or financial services, except where this is lawful and, where required, licensed in the country where it is displayed;
- is aimed at minors in a way the law does not allow, for example by promoting products that may not be sold to them;
- infringes copyright, trademarks or other rights of others, or offers counterfeit goods;
- misleads people about a product, service, price, offer or seller, for example with false endorsements or unproven health or environmental claims;
- tricks people into clicking, for example with fake system messages, fake buttons or fake prize notices.
On a website or app, content posted by its users breaches this section only if the Publisher does not remove it promptly after becoming aware of it. Ads and Default Ads must also not be political advertising (section 6.13).
13.2. We may decide whether content breaches this section, stop it under section 15.6, remove or restrict it, and suspend or close the Account responsible. We tell the affected user of such a decision with a statement of reasons, and the user may contest it under section 20.3. Anyone may report content that breaches this section to support@plakard.io or through the "!" link on the Ad.
14. Intellectual property
14.1. The Platform, including its software, design, texts, databases and trademarks, belongs to us or our licensors. We grant you a non-exclusive, non-transferable licence to use the Platform for its intended purpose while your Account exists. You may not copy, modify, distribute or reverse engineer any part of it, except as the law allows.
14.2. Advertisers keep all rights in their Ads, and Publishers in their Plakard designs and Default Ads. You grant us a free, non-exclusive, worldwide licence to store, reproduce, adapt to the Plakard format and display that content, for as long as needed to provide the services. For Ads, you also allow us to show the Ad to the Publisher of the selected Plakard, so that it can decide whether to supply its advertising space, and to sublicense to that Publisher the right to display the Ad in that Plakard.
14.3. We may use aggregated, anonymised statistics from the Platform to operate and improve it and to describe it publicly. Such statistics do not identify you.
15. Suspension, termination and discontinuation
15.1. We may suspend an Account, with notice unless urgent action is needed to protect the Platform, other users or third parties, if we reasonably suspect a breach of these Terms, fraud, unpaid amounts, or if an authority requires it. We tell you the reasons at the latest when the suspension takes effect, unless the law does not allow it. While an Account is suspended, it cannot place new Campaign Orders or create new Plakards. Its running Campaigns and Plakards continue unless we stop them under section 15.6, and our payments to a Publisher are held only under section 11.7. Everything else remains possible, including ending a Campaign, withdrawing from a contract and closing the Account.
15.2. We may close an Account for serious or repeated breaches, fraud, prohibited content, or failure to remedy a breach after a warning, and we tell you the reasons at the latest when the closure takes effect, unless the law does not allow it. We may also close an Account on 30 days' notice, stating the reason, but only if: (a) we stop offering the services of that Account's role in the country where you are located or to your type of customer (Consumers or Business Customers); (b) our payment provider, our bank or the law no longer allows us to provide the services to you, in which case the notice may be shorter where they require it; or (c) nobody has logged in to the Account for 24 months and it has no running Campaign and no Plakard in use.
15.3. You may close your Account at any time on the Platform or by email. Closing does not affect amounts already due. For an Advertiser, we end any running Campaigns before closing and refund the unused remainders under section 8.1, subject to section 8.4; Campaign Orders not yet approved end under section 8.2. For a Publisher, closing closes all its Plakards under section 10.11, without a contractual penalty unless a Plakard closes under section 15.6 or is deactivated under section 10.3 before its Campaigns have ended, and the Account is closed when their Campaigns have ended and the amounts due under section 11 are paid, or kept available under section 11.2, subject to sections 11.7 and 11.8.
15.4. If we decide to discontinue the Platform, we give at least 60 days' notice, and from then on no new Campaign Orders can be placed. When the Platform is discontinued, running Campaigns end, Campaign Orders not yet approved end under section 8.2, we refund all unused remainders, pay the amounts due to Publishers under section 11, subject to sections 11.7 and 11.8, and send you the data on your own activity on request.
15.5. When we close an Account, its running Campaigns end and section 8.1 applies, or section 8.4 if we close it because of the Advertiser's breach; Campaign Orders not yet approved end under section 8.2. For a Publisher's Account, section 8.3 applies to the Campaigns in its Plakards; if we close it because of the Publisher's breach, the Publisher owes the contractual penalty under section 10.11. The amounts due under section 11 are paid subject to sections 11.7 and 11.8.
15.6. We may stop a Plakard or an Ad at once and without prior notice if our checks or other evidence give reasonable grounds to believe that: (a) the Plakard does not meet section 10.8, for example because it was moved without our confirmation, is missing from the page, hidden or covered, or our checks are shown a different page than visitors see; (b) Impressions in the Plakard are invalid (sections 6.6 and 10.6); (c) the Ad, or the page it links to, breaches these Terms, for example because the link now leads to content we did not approve; or (d) sanctions may apply to the Advertiser (section 4.6). While a Plakard is stopped, it shows no paid Ads and accepts no new Campaign Orders; while an Ad is stopped, it is not displayed. Nothing is charged or paid for that time, and the end dates of the Campaigns concerned do not change. By email and without delay, we tell the Publisher or Advertiser concerned what we found, with the evidence, and the date by which the stop ends at the latest, and we tell the other Advertisers whose Campaigns are affected the ground for the stop and that date. A person reviews every stop that automated means triggered within 2 Working Days, and we lift it at once if the review does not confirm the grounds. You may fix the cause at any time or complain under section 20.3. A stop lasts at most 5 Working Days. If, when it ends, the Plakard still does not meet section 10.8, the Plakard closes, its Campaigns end under section 8.3, and the Publisher owes the contractual penalty under section 10.11. If we confirm other grounds before then, Campaigns ordered against section 10.6 end under section 8.4 and the invalid Impressions are not counted or paid, a Campaign whose Ad breaches these Terms ends under section 8.4, and an Account to which sanctions apply is closed under section 4.6; otherwise the stop simply ends. Repeated breaches that led to a stop are serious breaches under section 15.2, even if the cause was fixed during the stop.
16. Liability
16.1. Nothing in these Terms limits our liability for intentional breach, gross negligence, death or personal injury, or any other liability of ours that cannot be limited under mandatory law.
16.2. Subject to section 16.1, our total liability to a Business Customer for damage, for all claims in any 12-month period, is limited to the higher of (a) the amounts that Business Customer paid to us, or that we paid to it, in the 12 months before the event giving rise to the claim, and (b) EUR 500. This limit does not apply to our obligations to pay the amounts due to Publishers under section 11 and to refund amounts under sections 6.6 and 8, or to interest for late payment of those amounts. We are not liable to Business Customers for loss of profit, lost business opportunities, loss of reputation or indirect damage.
16.3. For Consumers, our liability follows the applicable law. If our service does not conform to the contract, you can use the remedies provided by law.
16.4. We are not responsible for the content of Ads, which is the Advertiser's responsibility, or for the content of Publishers' websites and apps.
17. Indemnity
17.1. A Business Customer must compensate us for any claims by third parties, fines and reasonable costs, including legal costs, to the extent that they arise from its breach of these Terms, its breach of law, or content it supplied through the Platform. We will tell you of any such claim promptly and let you take part in the defence.
17.2. Consumers are liable to us only as provided by the applicable law.
18. Force majeure
18.1. Neither party is liable for failure or delay caused by events beyond its reasonable control, such as natural disasters, war, acts of authorities, large-scale network or power failures, or cyber attacks that could not reasonably have been prevented. The affected party informs the other party within a reasonable time and takes reasonable steps to limit the consequences. If the event lasts longer than 90 days, either party may terminate the affected contract, and section 8.1 applies to any unused remainder.
19. Changes to these Terms
19.1. We may change these Terms for valid reasons, such as changes in law, in our services or in our costs. We publish the new version on the Platform and notify you by email at least 30 days before it takes effect. Changes required by law may take effect sooner.
19.2. If you do not agree, you may close your Account before the change takes effect, and section 15.3 applies. A Publisher that disagrees may close its Plakards under section 10.11 and then its Account under section 15.3, without a contractual penalty unless a Plakard closes under section 15.6 or is deactivated under section 10.3 before its Campaigns have ended. For changes that affect prices, refunds or your rights as a Consumer, we ask for your active acceptance on the Platform before your next Campaign Order.
19.3. A change does not alter, for a Campaign Order placed before it takes effect, the price, the Publisher Rate, the ordered Impressions, the end date, or how much is refunded or charged as a contractual penalty when the Campaign ends; for these, the Terms that applied when the Campaign Order was placed continue to apply, for the Advertiser and for the Publisher. Any other change applies to all Accounts from the date stated in our notice (section 19.1).
20. Governing law and disputes
20.1. These Terms and all contracts under them are governed by the law of the Republic of Estonia, excluding its conflict-of-law rules.
20.2. If you are a Consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you have your habitual residence.
20.3. Complaints. We aim to resolve every disagreement through direct communication and in good faith, and we ask you to do the same: please contact us first. This does not prevent steps these Terms allow us to take at once, such as stopping a Plakard or an Ad (section 15.6) or suspending an Account in urgent cases (section 15.1); we explain each such step, and you may contest it under this section. You may complain about any of our decisions, a count of Impressions, an invoice or an amount under these Terms, on the Platform or at support@plakard.io, with your reasons and any evidence, within 14 days of the decision, invoice or event concerned, unless these Terms give a longer period. We confirm receipt and reply with reasons within 30 days, or within 14 days if you are a Consumer. A person handles every complaint. If we uphold the complaint, we reverse or correct the decision or amount. If we reverse a decision that content or a user breached these Terms, we refund under section 8.5 any amount we deducted because of it, pay back any contractual penalty charged because of it and pay for any Impressions treated as invalid because of it, both as for an upheld objection (section 11.5), and, at the user's request, reopen the Account and reactivate the Plakards concerned. We do not reclaim refunds made to Advertisers. Section 16 applies to any other claim. For Consumers, the periods and channels in this section and in section 6.9 are not conditions: we also handle a Consumer's complaint made later or in another form. If we do not uphold a Consumer's complaint in full, our reply by email gives the information on the Consumer Disputes Committee in section 20.5 and states that we take part in its procedure. This procedure does not limit your right to go to court or any other right under mandatory law.
20.4. Disputes with Business Customers are resolved by Harju County Court (Harju Maakohus) in Tallinn, Estonia.
20.5. Consumers may bring proceedings against us in the courts of Estonia or of the country where they live, and we may bring proceedings against a Consumer only in the courts of the country where the Consumer lives, except for a counterclaim in proceedings the Consumer has brought. If we do not resolve a Consumer's complaint under section 20.3, the Consumer may apply, wherever in the EU they live, to the Consumer Disputes Committee (Tarbijavaidluste komisjon) of the Consumer Protection and Technical Regulatory Authority, Endla 10A, 10122 Tallinn, Estonia, https://ttja.ee/en/consumer-disputes-committee. The Committee's procedure is set out in chapter 6 of the Estonian Consumer Protection Act (Tarbijakaitseseadus) and on its website.
21. General
21.1. These Terms, the details of each Campaign Order shown at checkout and confirmed under section 6.2, and any terms you accept for specific features of the Platform are the entire agreement between you and us about the Platform. Our Privacy Policy (section 12.1) explains how we process personal data; it is not part of this agreement.
21.2. If any provision is invalid or unenforceable, the rest remains in force, and the law applies in place of the invalid provision.
21.3. If we do not enforce a right, we do not waive it.
21.4. Without our written consent, you may not transfer your Account or your obligations under these Terms, and a Business Customer may not transfer its rights under them. We may transfer our rights and obligations under these Terms, with at least 30 days' notice, to a company that takes over our business together with the Platform. We remain liable, jointly and severally with that company, for our obligations under Campaign Orders placed before the transfer, including our payments to Publishers for them. A Consumer may close the Account under section 15.3 before the transfer takes effect.
21.5. The parties are independent contractors. These Terms create no partnership, joint venture, agency or employment.
21.6. These Terms are available in English and Estonian. For Business Customers, the English text prevails. For Consumers, both texts are equally binding. We store the contract text, it remains available in your Account, and we send it to Consumers with the email confirming the approval and the payment (section 6.2).
21.7. Where these Terms require something to be done in writing, email is enough.
22. Contact
Plakard Advertising OÜ
Registry code: 17606942
Registered address: Pärnu mnt 139b-14, 11317 Tallinn, Harju maakond, Estonia
VAT number: EE103033673
Customer support: support@plakard.io
Point of contact for authorities and users under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act): support@plakard.io, in English or Estonian
Privacy: privacy@plakard.io
Company matters: office@plakard.io
Annex 1. Model withdrawal form (for Consumers)
(Complete and return this form only if you wish to withdraw from the contract.)
To: Plakard Advertising OÜ, Pärnu mnt 139b-14, 11317 Tallinn, Harju maakond, Estonia, support@plakard.io
I hereby give notice that I withdraw from my contract for the following service: advertising Campaign Order no. [order number]
Ordered on: [date]
Name of consumer: [name]
Address of consumer: [address]
Signature of consumer (only if this form is sent on paper): [signature]
Date: [date]