These Terms & Conditions (the "Terms") govern your access to and use of the Adelerate ad management platform (the "Service") operated by Adelerate ("we", "us", or "our"). By creating an account, accepting an invitation, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is intended for business use by publishers, advertisers, and their authorized representatives. You must be at least 18 years old and authorized to act on behalf of the organization (the "Company") associated with your account. You are responsible for the accuracy of the information you provide during registration and for keeping your credentials confidential. You are responsible for all activity that occurs under your account and any sub-accounts you invite.
Users within a Company workspace may be granted different roles and permissions. Administrators may invite, revoke, or remove other users, and may reassign ownership of campaigns, creatives, reports, and other content. If your Company account is suspended, deactivated, or deleted, access to all workspace content may be revoked for all associated users.
You agree not to use the Service to:
You retain ownership of creatives, targeting configurations, reports, and other data you upload or generate through the Service ("Customer Content"). You grant us a limited, worldwide, non-exclusive license to host, process, transmit, transcode, and display your Customer Content solely to operate and improve the Service and to deliver ads on your behalf. You represent and warrant that you have all rights necessary to use and distribute the Customer Content you submit, including rights to any trademarks, copyrighted materials, personal data, and third-party content referenced therein.
The Service integrates with third-party demand sources, exchanges, SSPs, and bidders (including header bidding and server-side auctions). Your use of these integrations is subject to the applicable third-party terms. We do not guarantee fill rates, bid densities, revenue, or any particular auction outcome. You are responsible for ensuring your use of third-party integrations complies with their policies.
Fees, revenue shares, minimum payout thresholds, and billing cycles (where applicable) are set out in your order form or subscription agreement. You are responsible for any taxes associated with your use of the Service, other than taxes based on our net income. Unless otherwise agreed, fees are non-refundable.
We aim to keep the Service available and performant, but we do not warrant uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, upgrades, or reasons beyond our reasonable control. Scheduled reports, aggregations, and predictions may experience delays and should not be relied on for safety-critical or time-critical decisions.
The Service, including its software, interface, documentation, and trademarks, is and will remain our property or that of our licensors. No rights are granted except those expressly set forth in these Terms. Feedback you provide about the Service may be used by us without obligation to you.
Each party agrees to protect the other's non-public information disclosed in connection with the Service using at least the same care it uses for its own confidential information, and to use it only for the purposes of the Service.
We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, or failed to pay fees when due. You may request account deletion at any time from within the platform. Upon termination, Customer Content may be retained for a limited period for backup, audit, or legal purposes and then deleted or anonymized.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. WE DO NOT WARRANT THAT REPORTS, FORECASTS, OR REAL-TIME METRICS ARE COMPLETE OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATED TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Adelerate and its affiliates from any third-party claims arising out of your Customer Content, your use of the Service, or your violation of these Terms or applicable law.
We may modify the Service or these Terms from time to time. If we make material changes, we will provide notice (for example, by updating the "Last updated" date above or by notifying you in-app or by email). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the jurisdiction in which Adelerate is established, without regard to its conflict-of-law principles. The parties agree to the exclusive jurisdiction of the courts competent for that jurisdiction for any disputes arising out of or relating to these Terms.
Questions about these Terms can be sent to the contact address published on our website or to the administrator of your Company workspace.