The terms governing use of the AdinTouch platform and services.
Last updated: September 30, 2024
This User Agreement ("Agreement") is a binding contract between you and your organization ("you" or "Partner") and APPCREEK INC ("APPCREEK", "we", "us", or "our") governing access to and use of the AdinTouch mobile programmatic advertising platform and related services (the "Services"). By accessing or using the Services, you agree to be bound by this Agreement.
The Services are intended solely for business use by advertising platform partners and commercial counterparties, including SSPs, DSPs, publishers, advertisers, and ad networks. By using the Services, you represent that you are acting on behalf of a business and have authority to bind that business to this Agreement.
AdinTouch provides a programmatic advertising platform that connects supply and demand within the digital advertising ecosystem, supporting advertising monetization, platform cooperation, and ongoing business operations. Specific commercial terms, pricing, and service levels may be set out in separate insertion orders, statements of work, or partnership agreements, which form part of this Agreement.
You agree to: (a) comply with all applicable laws, regulations, and industry standards; (b) ensure that any inventory, creatives, data, or traffic you provide are lawful and free of malware, fraud, or invalid traffic; (c) obtain and maintain all necessary rights and consents for the data you transmit through the Services; and (d) not misrepresent inventory, performance, or the source of traffic.
You may not use the Services to: engage in fraudulent, deceptive, or manipulative practices; distribute malicious code; infringe intellectual property or privacy rights; circumvent security or usage controls; or interfere with the integrity or performance of the platform.
Fees, revenue share, and payment terms are as agreed in the applicable commercial documents. Unless otherwise stated, amounts are exclusive of taxes, which are your responsibility. Late payments may be subject to interest and suspension of Services.
APPCREEK and its licensors retain all right, title, and interest in and to the Services, including all related software, technology, and trademarks. No rights are granted except as expressly set out in this Agreement. Partner trademarks and content remain the property of their respective owners.
Each party may receive confidential information from the other. The receiving party agrees to protect such information, use it only to perform under this Agreement, and not disclose it except to those with a need to know who are bound by comparable obligations.
Each party will comply with applicable data protection laws in connection with the Services. Our processing of information is described in our Privacy Policy, which is incorporated into this Agreement by reference.
The Services are provided "as is" and "as available". To the maximum extent permitted by law, APPCREEK disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Each party's aggregate liability arising out of this Agreement will not exceed the amounts paid or payable between the parties in the twelve (12) months preceding the claim, except where such limitation is prohibited by law.
Each party will indemnify the other against third-party claims arising from its breach of this Agreement, its violation of law, or the content, data, or traffic it provides through the Services.
This Agreement remains in effect while you use the Services. Either party may terminate as set out in the applicable commercial documents or for material breach that remains uncured after reasonable notice. We may suspend access to protect the platform, other partners, or comply with law.
This Agreement is governed by the laws applicable to APPCREEK INC's place of incorporation, without regard to conflict-of-laws principles. The parties will attempt to resolve disputes in good faith before pursuing formal proceedings.
We may update this Agreement from time to time. Material changes will be communicated as appropriate, and continued use of the Services after changes take effect constitutes acceptance.
Questions about this Agreement may be directed to APPCREEK INC at legal@adintouch.com.
This document is provided as a general template and does not constitute legal advice. Please have it reviewed by qualified counsel before publication.
