Please read these terms carefully before using the Adbite platform. By accessing or using our services, you agree to be bound by these terms.
Last updated: May 1, 2024 · Effective date: May 1, 2024 · This document is provided for informational purposes and does not constitute legal advice.
By accessing, registering for, or using the Adbite platform and its associated services (collectively, the "Services"), you ("User," "Publisher," or "Advertiser") agree to be legally bound by these Terms of Service ("Terms") and all policies incorporated herein by reference, including our Privacy Policy and GDPR Compliance documentation. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Services.
Adbite, Inc. ("Adbite," "we," "us," or "our") reserves the right to modify these Terms at any time. We will provide at least 30 days' written notice for material changes via email to the address on file for your account. Your continued use of the Services after the effective date of any revision constitutes your acceptance of the updated Terms.
Adbite operates a programmatic advertising technology platform that includes the following core products: (a) the Adbite Ad Exchange, a real-time bidding marketplace connecting buyers and sellers of digital advertising inventory across display, video, native, and connected TV formats; (b) the Supply-Side Platform ("SSP"), enabling Publishers to monetize their digital properties by making inventory available to a curated network of demand partners through header bidding and server-to-server integrations; and (c) the Demand-Side Platform ("DSP"), enabling Advertisers and agencies to programmatically purchase advertising inventory across the Adbite exchange and connected supply sources using real-time bidding and private marketplace deals.
Adbite may add, modify, or discontinue features of the Services at any time with reasonable notice to active users. Access to certain premium features, private marketplace deals, or data enrichment products may require additional agreements, minimum spend commitments, or technical integrations as described in the applicable order form or platform documentation.
To use the Services, you must register for an account and provide accurate, complete, and current information including your legal name or business entity name, valid business email address, and payment information where applicable. You represent that you are at least 18 years of age, are legally authorized to enter into binding agreements on behalf of yourself or your organization, and will maintain the security of your account credentials at all times.
You are solely responsible for all activity that occurs under your account, whether or not authorized by you. Adbite reserves the right to refuse registration, suspend, or permanently terminate accounts at its sole discretion, including in cases where information provided is found to be inaccurate, misleading, or in violation of these Terms. You must promptly notify Adbite at [email protected] of any unauthorized use of your account or any other security breach of which you become aware.
Publishers using the Adbite SSP or Ad Exchange agree to provide accurate and up-to-date descriptions of their digital inventory, including audience demographics, content categories, viewability standards, and traffic quality metrics. Publishers must not artificially inflate impression counts, click-through rates, or other performance metrics through any means, including but not limited to bot traffic, click farms, ad stacking, domain spoofing, or hidden placement techniques.
Publishers are solely responsible for ensuring that their digital properties comply with all applicable laws and regulations, including those governing content, privacy, data collection, and accessibility. Publishers must maintain and publish a clear and conspicuous privacy policy on all properties integrated with the Adbite platform and must obtain all necessary user consents as required under applicable law, including GDPR consent frameworks where required.
Advertisers using the Adbite DSP or Ad Exchange agree that all creative materials submitted for distribution comply with Adbite's Creative Acceptance Policy, applicable law, and the editorial and technical standards of the publishers on whose inventory the ads will appear. Advertisers are responsible for all aspects of their advertising campaigns, including targeting parameters, frequency caps, budget management, landing page quality, and compliance with applicable advertising standards such as those established by the IAB and FTC.
Advertisers must not use the Services to conduct false, deceptive, or misleading advertising; to target restricted categories of audiences (such as minors) with inappropriate content; or to harvest user data beyond what is disclosed in their privacy policies and consented to by users. Adbite reserves the right to reject, suspend, or remove any creative, campaign, or targeting segment that, in its reasonable judgment, violates these Terms, applicable law, or the platform's creative acceptance guidelines.
The following content and conduct are strictly prohibited on the Adbite platform:
Adbite employs automated and manual detection systems to identify prohibited conduct. Accounts found to be in violation may be immediately suspended without prior notice, and Adbite reserves the right to retain funds in such accounts pending investigation and to seek recovery of any damages caused by such violations.
Adbite and its licensors retain all right, title, and interest in and to the Services, including all software, algorithms, bidding logic, data pipelines, APIs, interfaces, documentation, and trademarks. Nothing in these Terms grants you any right to use Adbite's intellectual property except as expressly set forth herein. You grant Adbite a limited, non-exclusive, royalty-free license to display, distribute, cache, and transmit your advertising creatives and publisher content solely as necessary to provide and improve the Services.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Adbite to use all content you submit through the Services. Adbite respects intellectual property rights and will respond to valid DMCA takedown notices in accordance with applicable law. Repeat infringers may have their accounts terminated.
Advertiser accounts are billed on a net-30 basis unless otherwise specified in an applicable insertion order or master services agreement. Adbite charges a platform fee as a percentage of gross media spend, with the applicable rate displayed in your account dashboard or set forth in your order form. Publishers receive payment for validated, non-fraudulent impressions within 60 days following the close of each calendar month, subject to a minimum payment threshold of $100 USD.
All fees are quoted and payable in U.S. dollars unless otherwise agreed in writing. Adbite reserves the right to withhold payment for inventory or campaigns found to involve fraudulent traffic, invalid activity, or policy violations pending investigation. Disputed charges must be submitted in writing within 30 days of the invoice date. Undisputed late payments are subject to interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.
In connection with the provision of the Services, Adbite processes personal data as both a data controller (for account, billing, and platform usage data) and a data processor (for bid-stream, audience segment, and campaign data processed on behalf of partners). Our data processing practices are described in full in our Privacy Policy and, for European Economic Area users, our GDPR Compliance documentation.
You agree to use only lawfully collected data in connection with your use of the Services and to comply with all applicable data protection laws, including the GDPR, CCPA, and any other regulations applicable to your jurisdiction. By using the Services, you acknowledge and accept the terms of Adbite's Data Processing Agreement, available upon request at [email protected].
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Adbite does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. No oral or written information or advice provided by Adbite or its representatives shall create any warranty not expressly stated in these Terms.
Adbite does not guarantee any specific fill rates, CPMs, eCPMs, viewability scores, ROAS, or other advertising performance metrics. Programmatic advertising performance is subject to market conditions, real-time bidding competition, targeting parameters, creative quality, and other factors outside Adbite's direct control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADBITE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADBITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Adbite's total cumulative liability to you arising out of or in connection with these Terms or the Services shall not exceed the greater of: (a) the amounts actually paid by you to Adbite in the twelve-month period immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Adbite, its affiliates, licensors, officers, directors, employees, agents, and successors from and against any and all third-party claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of or inability to use the Services; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (e) any claim that your advertising creatives, publisher content, or data segments caused damage to a third party.
Adbite reserves the right, at its option and at your expense, to assume exclusive control of the defense of any matter subject to indemnification by you. You agree to cooperate fully with Adbite in the defense of any such claims and will not settle any such claim without Adbite's prior written consent, which will not be unreasonably withheld.
Either party may terminate these Terms and close the associated account upon 30 days' written notice to the other party. Adbite may terminate or suspend your account immediately and without prior notice in cases of material breach of these Terms, fraudulent activity, non-payment of fees, or if required to do so by applicable law or legal process. Upon termination, all licenses granted herein shall immediately cease and you must discontinue all use of the Services, including any Adbite SDKs, tags, or pixels deployed on your properties.
Upon termination, Adbite will process any undisputed outstanding payments owed to Publisher accounts within 90 days, subject to deduction for any amounts owed by you to Adbite and pending fraud review. Advertiser account balances will be credited or refunded within 60 days of account closure, net of applicable fees and any pending chargebacks. Sections of these Terms that by their nature should survive termination, including sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law), shall survive any termination or expiration of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles or choice-of-law rules that would require the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and each party hereby irrevocably submits to personal jurisdiction and venue in such courts.
Notwithstanding the foregoing, Adbite may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm. The parties agree to attempt to resolve disputes through good-faith negotiation before initiating formal legal proceedings, with a mandatory 30-day negotiation period commencing upon receipt of written notice from the aggrieved party.
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact our legal team. We aim to acknowledge all legal inquiries within 2 business days and to provide a substantive response within 5 business days.
Adbite, Inc., Legal Department
245, 5th Ave
New York, NY 10001
Email: [email protected]
General Support: [email protected]