Terms of use

Terms of use

Last Revision:

Related: Privacy Policy

These terms of service govern the terms and conditions on which Adoptomedia OÜ, a company registered and acting under the laws of Estonia, registry code 14183843, provides services through the website https://checkmedia.com/. Some Services may also be provided by our partner companies, Quantitative Solutions Lab OÜ or Astelion Kapelyushnik Business Advisory Ltd.

By accessing the Services, You agree that You have read, understood, and accept all the terms and conditions contained in these Terms. If You are agreeing to these terms on behalf of Your company/organization, then You are representing to us that You have read these terms and You have the authority to bind Your company. These Terms will become legally binding to You if You use the Services. 

The Services are designed for business purposes only and CheckMedia does not provide consumer-focused services. CheckMedia presumes that its customers are businesses and CheckMedia does not provide any services for persons that are not undertaking commercial activities. Therefore, these Terms do not provide You the same extent of rights provided to European customers under Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. 

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

1. Definitions

1.1 Advanced GTM Service

The paid Service, providing You with an advanced go-to-market strategy. Detailed information for this Service can be found on the Website.

1.2 CheckMedia, We, or Us

Adoptomedia OÜ, registry code 14183843. If a partner company, either Quantitative Solutions Lab OÜ or Astelion Kapelyushnik Business Advisory Ltd, is providing the Services instead of Adoptomedia OÜ, the term shall refer to the respective partner company.

1.3 Services

The services provided by CheckMedia that are available on the Website, the term refers to Simple GTM and Advanced GTM together. Referral is made individually to Simple GTM or Advanced GTM as necessary.

1.4 Simple GTM Service

The free service, providing You with an AI-generated simple go-to-market strategy. Detailed information for this Service can be found on the Website.

1.5 Terms

All of the terms contained herein, the Privacy Policy, and other policies, guidelines, and procedures that may be published from time to time by CheckMedia or otherwise made available on or through the Services.

1.6 Website

The website https://checkmedia.com/ through which CheckMedia provides the Services.

1.7 You

The person acquiring the Services from CheckMedia. If a company is acquiring the Services, the term shall refer to the specific company.

2. Advanced GTM Service

2.1 Use of the Advanced GTM Service is contingent upon You paying all service fees. Payment is a one-off fee, made in advance. After receiving the full payment, CheckMedia will provide you with the specific scope of services listed on the Website.

2.2 In providing the Advanced GTM Service, CheckMedia agrees to:

2.2.1 apply the generally acknowledged professional skills;

2.2.2 use their best knowledge and abilities at their disposal;

2.2.3 not violate any valid laws, standards and/or other norms, which directly or indirectly apply to CheckMedia and/or provision of the Advanced GTM Service; 

2.2.4 follow Your instructions and keep You informed of all facts and circumstances that might be material to You;

2.2.5 adhere to the agreed-upon timeframes when providing You with Deliverables and fulfilling other service obligations;

2.3 While receiving the Advanced GTM Service, You agree:

2.3.1 to provide timely and precise instructions to CheckMedia and provide all necessary information required for the adequate and informed provision of the Advanced GTM Service. You shall not withhold from CheckMedia such information that may be reasonably assumed to influence the manner or extent to which the Advanced GTM Service is provided;

2.3.2 to remunerate CheckMedia with applicable fees for the provision of the Advanced GTM Service;

2.3.3 that although CheckMedia shall perform its obligations with reasonable effort, it does not guarantee any positive results for Your business.

2.4 CheeckMedia has the right to suspend the provision of the Advanced GTM Service in the event that You refuse or fail to deliver instructions necessary for CheckMedia’s continuation of performing its obligations. In this event, the risk of losses shall be borne solely by You and CheckMedia shall resume performing the Advanced GTM Service only after receiving instructions necessary for continuation.

3. AI-generated Content

3.1 Usage of the Simple GTM Service entails access to artificial intelligence (AI) powered content generation, which may or may not ask for Your input and generate results, summaries, and/or reports (the Content) based on Your input data and the capabilities of the AI system.

3.2 As between You and CheckMedia, and to the extent permitted by applicable law, You:

3.2.1 retain Your ownership rights in the input provided to generate Content;

3.2.2 own the Content, for which We hereby assign to You all Our right, title, and interest, if any, in and to the Content.

3.3 By using the Simple GTM Service, You agree that:

3.3.1 AI-generated Content is a product of automated processes and may contain inaccuracies, omissions, or misleading information;

3.3.2 You should not rely on Content as a sole source of truth or factual information, or as a substitute for professional advice;

3.3.3 You always have to exercise discretion and verify critical information, including using human review as appropriate, before using the Content;

3.3.4 relying on or making decisions based on the Content is at Your sole risk and discretion. CheckMedia does not provide financial advice via the Content and is not responsible for any financial loss incurred from actions taken based on the Content You receive.

4. Account

4.1 To use the paid Services, You have to register an account by providing Your identification and authentication data (the Account).

4.2 You are solely responsible for maintaining the confidentiality of Your Account and password, and You agree to accept responsibility for all activities that occur under Your Account. You agree that the information You provide to CheckMedia, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft, unauthorized disclosure, or use of Your account ID or password), then You agree to immediately notify Us.

5. Payment

5.1 For the Advanced GTM Service, pricing and payment details are available on Our website and are subject to change. Using the Advanced GTM Service requires You to pay upfront to receive the ordered service. Refer to Our website to receive up-to-date pricing information. Payments are non-refundable except as explicitly provided in these Terms.

5.2 You authorize Us to charge Your debit or credit card for service fees. CheckMedia works with third-party payment providers to offer You the most convenient payment methods and to keep Your payment information secure. Visit Our Privacy Policy for more details on how We work to secure Your personal data. When You make a purchase, You agree not to use an invalid or unauthorized payment method. If Your payment method fails and You get access to Our materials, You agree to pay Us the corresponding fees within thirty (30) days of notification from Us.

5.3 We run promotions for some services through the use of promotion codes at checkout. These promotions are available for a set period. The price applicable to Our services will be the price at the time You complete Your purchase at checkout. Prices may be different when You are logged into Your account because some of Our promotions are available to website members/logged-in users only.

5.4 You agree to pay CheckMedia a late payment fee for undue delay of payment. The late payment fee shall be calculated per each day that You are in delay, and the daily amount shall constitute 0.1 % of the principal debt.

6. Intellectual Property

6.1 Intellectual Property Rights means all intellectual and industrial property rights and similar rights of whatever nature anywhere in the world whether currently existing or coming into existence in the future, whether recorded or registered in any manner or otherwise, including (but not limited to) any copyrights and related rights, industrial design rights and other design rights, registered designs, patents, utility models, inventions (whether or not patentable), trademarks, service marks, database and software rights, rights to layout-designs of integrated circuits, trade secrets, know-how, confidential information, business names, trade names, brand names, domain names and all other legal rights anywhere in the world protecting such property including, where applicable, all renewals, extensions and applications for registration, the right to apply for registration, and the right to sue for damages for past and then-current infringement in respect of any of the same.

6.2 All Intellectual Property Rights to the Services, including its components, any upgrades, additions, corrections, improvements, and any other proprietary software made available to You by CheckMedia will at all times remain the sole property of CheckMedia or its licensors. These Terms do not transfer or convey any Intellectual Property Rights from CheckMedia to You, nor do these Terms grant You any rights in or to CheckMedia’s Intellectual Property Rights, except for the limited rights expressly granted under these Terms. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services in whole or in part, except to the extent possible under applicable laws.

6.3 Upon the provision of the Advanced GTM Service, CheckMedia hereby grants You a limited, non-exclusive, non-transferable, and revocable license to use any materials, documents, data, or other deliverables (collectively, the Deliverables) provided to You solely for Your internal business operations. This license is subject to the terms and conditions outlined herein and does not extend beyond the specific purposes for which the Deliverables are provided.

6.4 You agree not to use the Deliverables beyond the scope of the license granted under this section. Specifically, unless explicitly permitted by applicable laws and regulations or authorised in writing by CheckMedia, You shall not:

6.4.1 sublicense, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Deliverables;

6.4.2 modify, adapt, translate, or create derivative works from the Deliverables, except to the extent that such actions are expressly permitted by applicable law notwithstanding this limitation;

6.4.3 remove any proprietary notices, labels, or marks from the Deliverables;

6.4.4 use the Deliverables in any manner that infringes the intellectual property rights or other rights of CheckMedia or any third party.

6.5 The license granted herein will automatically terminate if You fail to comply with the terms and conditions of this Agreement. Upon termination, You must cease all use of the Deliverables and destroy all copies, full or partial, of the Deliverables in Your possession or control.

6.6 All materials, documents, data, or other information (collectively, Client Materials) provided by You to CheckMedia in connection with the Advanced GTM Service shall remain Your property. CheckMedia acknowledges that no ownership rights in the Client Materials are transferred to CheckMedia under these Terms.

6.7 By providing Client Materials to CheckMedia, You hereby grant CheckMedia a limited, non-exclusive, non-transferable, and revocable license to use, modify, adapt, translate, and create derivative works from the Client Materials solely for performing the Services and creating the Deliverables specified in the scope of the Services. This license is granted solely to the extent necessary for CheckMedia to perform its obligations under these Terms and to provide the Services to You. CheckMedia shall:

6.7.1 use the Client Materials exclusively to deliver the Services and produce the Deliverables for You. CheckMedia agrees not to use the Client Materials for any other purpose or in any way that is not directly related to the execution of the Services or creation of Deliverables under these Terms;

6.7.2 exercise reasonable care to protect the confidentiality of the Client Materials and to prevent any unauthorized use or disclosure. CheckMedia shall implement appropriate security measures to safeguard the Client Materials from unauthorized access or use;

6.7.3 upon Your request return all Client Materials to You or, if specified by You, destroy all copies of such materials, except to the extent that retention of such materials is required by law or is necessary for CheckMedia to maintain adequate records of its business practices. 

6.8 Please note, that if You do not request the deletion of Client Materials, CheckMedia will retain the data until it is deleted according to the data retention policy.

7. Confidentiality

7.1 For purposes of these Terms, confidential information shall include the Account, communications, Deliverables, Client Materials, and any information that is clearly identified in writing at the time of disclosure as confidential or that should be reasonably understood to be confidential by the receiving party given the nature of the information and the circumstances of its disclosure (the Confidential Information). Each party agrees: 

7.1.1 to receive and maintain confidential all Confidential Information disclosed to it by the other party or by a third party;

7.1.2 not to use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights hereunder;

7.1.3 to limit the internal dissemination of Confidential Information to those employees and contractors of the recipient who have a need to know and an obligation to protect it;

7.1.4 to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). 

7.2 CheckMedia will restrict its employees’ access to Your Confidential Information to only those employees necessary as determined in CheckMedia’s sole discretion to successfully provide the Services. CheckMedia may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidentiality and use it only to facilitate the performance of their services for CheckMedia in connection with the performance of these Terms. 

7.3 Except for personal data which is at all times understood to be Confidential Information notwithstanding anything to the contrary in these Terms, Confidential Information shall not include information that: 

7.3.1 is known publicly;

7.3.2 is generally known in the industry before disclosure;

7.3.3 has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; 

7.3.4 the recipient becomes aware of a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. 

7.4 This Section will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure.

7.5 You may use CheckMedia’s name and credentials in an appropriate and acceptable manner for Your standard marketing promotions, provided that You agree to cease or alter such use at CheckMedia’s request where such use is contrary to CheckMedia’s branding policies, could cause any brand confusion in the market or is otherwise objectionable to CheckMedia. Similarly, CheckMedia may use Your business name in an appropriate and acceptable manner for standard marketing promotions, provided that CheckMedia agrees to cease or alter such use at Your request where such use is contrary to Your branding policies, could cause any brand confusion in the market or is otherwise objectionable to You. Acceptable and standard marketing promotions include, but are not limited to client listings, press releases, surveys, interviews, reputable business publications, television, and web site presentation and promotion.

8. Disclaimer of Warranties

8.1 THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND. CHECKMEDIA DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED, NOR DOES CHECKMEDIA GIVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

8.2 CHECKMEDIA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WHILE CHECKMEDIA STRIVES TO PROVIDE USEFUL AND ACCURATE INFORMATION, USERS ARE ADVISED THAT THE CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DATA, TEXT, GRAPHICS, AND LINKS, MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING CONTENT WHICH HAS BEEN AI GENERATED. CHECKMEDIA IS NOT RESPONSIBLE FOR ANY FINANCIAL LOSS INCURRED FROM ACTIONS TAKEN BASED ON THE CONTENT YOU RECEIVE VIA THE SERVICES.

9. Limitation of Liability

9.1 UNLESS EXPLICITLY STATED OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKMEDIA, ITS EMPLOYEES, PARTNERS, AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. 

9.2 GIVEN THE NATURE OF AI-GENERATED CONTENT, SUCH CONTENT IS PRODUCED BY AUTOMATED PROCESSES AND MAY NOT ALWAYS REFLECT THE MOST CURRENT OR ACCURATE INFORMATION. YOU SHOULD INDEPENDENTLY VERIFY ANY INFORMATION BEFORE RELYING UPON IT. CHECKMEDIA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN THE CONTENT PROVIDED.

9.3 Without limiting Sections 9.1-9.2, CheckMedia’s liability shall be strictly limited to damages arising directly from its own gross negligence or wilful misconduct. CheckMedia shall not be liable for any acts, errors, or omissions that do not constitute gross negligence or wilful misconduct as defined under applicable laws. You acknowledge that CheckMedia cannot guarantee specific outcomes on the basis of Services rendered and shall not be liable for any direct or indirect damages that may arise from inability to achieve such desired outcomes unless CheckMedia is found to be liable under this Section.

9.4 You understand and agree that CheckMedia will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

9.4.1 accuracy of the Content provided to You via the Services;

9.4.2 any third-party content available on the Services;

9.4.3 Your use or inability to use the Services;

9.4.4 any modification, price change, suspension, or discontinuance of the Services;

9.4.5 the software or systems that make Services available;

9.4.6 unauthorised access to, alterations, or transmissions of Your data.

9.5 CheckMedia will have no liability for any failure or delay due to matters beyond CheckMedia’s reasonable control. However, CheckMedia’s maximum aggregate liability under any circumstance shall not exceed the service fees that You paid to CheckMedia.

9.6 All affiliate services included or sold with the Services are provided solely according to the warranty and other terms specified by the affiliate, who is solely responsible for service and support for its product. For service, support, or warranty assistance, You should contact the affiliate directly.

10. Indemnification

10.1 You agree to indemnify and hold harmless CheckMedia, its officers, directors, employees, and agents from any claims or demands made by any third party due to or arising out of Your use of the Services, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity.

11. Term and Termination

11.1 Unless a different term is specified in a signed order or a service agreement between You and CheckMedia, the initial term of Your subscription to the Services will begin after payment of the service fee and expire upon the full delivery of the Service, as agreed upon between You and CheckMedia. Please note that due to CheckMedia not having a refund policy for business customers, You do not have the right to receive a refund for paid fees.

11.2 CheckMedia reserves the right, in its discretion, to suspend or cancel Your access and/or use of the Service without prior notice:

11.2.1 if the billing or contact information provided by You is false or fraudulent;

11.2.2 where any payment is due but unpaid and You have been requested but failed to cure such payment failure promptly;

11.2.3 if You violate any provision of these Terms.

11.3 Upon termination of the Terms, all fees then due and payable to CheckMedia must be paid in full. Contingent upon its receipt of all such fees, CheckMedia will continue to make any data You have uploaded to the Services available for download for 30 days after the termination date. Following this 30-day grace period, CheckMedia may remove the data from the production environment for the Services. 

11.4 The provisions of these Terms which by their nature are intended to survive expiration or termination, including but not limited to obligations concerning confidentiality, protection of intellectual property, indemnification and payment of unpaid Fees and expenses, shall survive any termination.

12. Privacy

12.1 CheckMedia collects, processes, and shares certain personal data, which is subject to its Privacy Policy. As a condition of using the Services, You agree to the terms of the Privacy Policy, as it may be changed from time to time.

13. Miscellaneous

13.1 CheckMedia reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Continued use of the Service after any such changes shall constitute Your consent to such changes.

13.2 CheckMedia retains the right to amend these Terms from time to time. In case of a material change in the Terms, CheckMedia shall notify You 30 days prior to the material change taking effect.

13.3 These Terms and any access to or use of the Services is governed by the laws of the Republic of Estonia, except for the conflict of laws rule.

13.4 All disputes arising from these Terms or the use of the Services shall be settled in Harju County Court in Tallinn, Estonia.