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Effective Date: May 1, 2015
Welcome to SmartyAds Self-serve RTB platform!
Thank you for choosing our services for your online advertising needs. SmartyAds LLP (“SmartyAds“) provides you these services from our offices, located at 122-126 Tooley Str. London SE1 2TU . By choosing to use our services, you are agreeing to the following terms. Since these terms impose certain legal obligations on you, it is important that you read them carefully.
“Services”, as used in this agreement, includes all services that SmartyAds makes available to you, including but not limited to the SmartyAds self-serve RTB platform and the SmartyAds open ad marketplace.
Subject to the timely payment of all required fees, SmartyAds grants you a limited, revocable, non-exclusive, non-assignable right to use:
all strictly subject to, and in accordance with, this agreement.
SmartyAds does not grant you any express or implied right or license (such as any right or license under any patents, trademarks, copyrights, or other proprietary or intellectual property rights) other than those expressly set forth in this agreement. SmartyAds (or its affiliated companies or licensors, as the case may be) retains all rights in and to the Services, including any enhancements. You have no rights in or to the Services beyond the limited right of access and use contemplated in this agreement.
The above list is for illustrative purposes only, and is not intended to provide an exhaustive list of prohibited activities. If you have any doubt as to whether your intended use of the Services is prohibited under this agreement, you should contact SmartyAds. Only written confirmation signed by an authorized SmartyAds officer is acceptable proof that your intended activity is permitted.
You warrant to SmartyAds that you have the full power, authority and legal capacity to enter into this agreement. If you are entering into this agreement on behalf of a corporation or other entity, you warrant to SmartyAds that: you have the full power, authority and legal capacity to enter into this agreement on behalf of such corporation or other entity; and, this agreement constitutes a legal, valid and binding obligation of such corporation or other entity.
You may be required to provide further information, take steps to confirm ownership of an email address, or provide copies of identifying documents.
You must ensure that all information that you provide to SmartyAds is true, accurate, complete and current. If any of the information is, or becomes, incorrect, you must immediately provide SmartyAds with correct information.
Due to the fluid nature of SmartyAds’ business, some or all of the above requirements may change over time. You must review each on a regular basis to ensure your on-going compliance.
You are solely responsible for all ads that you create, upload or traffic using the Services. SmartyAds is not liable for any loss or damage that your ads may cause to you or others. You represent to SmartyAds that you have all rights and permissions necessary to traffic your ads using the Services. If any damage was caused by your ads to a third party partner, SmartyAds reserves the right to pass your contact details to affected party.
SmartyAds must approve each ad that you upload before you will be permitted to begin displaying such ad. SmartyAds partner with third party company that scans all advertising material for malware or other malicious content entered into the SmartyAds self-serve RTB platform. To increase the likelihood that your ad will be approved, you should ensure that your ad fits within the size parameters specified and complies with all of the applicable submission requirements, does not contain any malicious or prohibited content and comply with IAB policy.
SmartyAds may periodically review live ads to ensure on-going compliance with submission requirements, even if an ad has already been approved. SmartyAds reserves the right to remove any ad that it believes is non-compliant with its ad eligibility requirements, or for any other reason. In addition to removing an ad, Smartyads may also suspend and/or delete your account.
By bidding on ad inventory through the SmartyAds self-serve RTB platform, you are making a programmatic offer to purchase such ad inventory. If your offer is accepted, you have purchased such inventory. Purchases are non-cancellable. Ad inventory purchases are calculated using SmartyAds’ statistics and data. If these differ from any other statistics or data, SmartyAds’ measurements will prevail.
There is a $500 USD minimum deposit each time you fund your account. SmartyAds accepts credit card, wire transfer and PayPal as payment methods.
All monetary amounts related to the Services shall be U.S. dollars.
You are responsible for confirming the accuracy of all information that you provide for each payment (such as contact information, payment amounts, credit card numbers and expiry dates, and wire information, as applicable).
SmartyAds uses third-party providers to process payments. As such, SmartyAds is unable to make any guarantees as to how long it will take to post funds to your account. If you use a credit card, the funding payment is usually processed and credited to your account immediately. If you send a wire transfer or use PayPal, the processing and posting of funds to your account may take a few days.
Please note that if your Account is inactive for a six-month period (i.e. you have not signed into your Account, you have not added more Deposited Funds, you have not purchased any ads, or you have not received any Earned Funds during that time), then we may deem your Account inactive and at such time we will charge an inactive account fee to preserve your data in the amount of $100 per month against your Account balance and will continue to be charged each month until your balance reaches $0 or until your Account becomes active again. If your Account is inactive for a twelve-month period, your Account balance will be charged as an inactive fee. SmartyAds LLP may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
You are solely responsible for ensuring the accuracy of all information you provide in accessing the Services such as entering bid prices, bid criteria, destination URLs.
You are solely responsible for campaign launch after all Delivery Filters are set.
You are responsible for all duties, tariffs and taxes related to your use of the Services, except for taxes on income paid or payable by SmartyAds.
You can delete your account at any time by providing SmartyAds with written notice that you wish to do so. SmartyAds will refund the unused balance in your account (if any), minus an administrative fee of 15%, within 30 days.
SmartyAds will only send refunds to the source from which payment was made. For example, if you paid by credit card, SmartyAds will only process refunds to the same credit card. You may be required to provide additional information or documentation in order for SmartyAds to confirm your identity, before any refund request will be processed. SmartyAds shall not provide refund to the Advertisers who entered malware, malicious advertising materials or any kind of prohibited content (Autoredirect, Offensive Content, Deceptive Ad, Gambling, Adult, Dating, Alcohol/Tobacco) to SmartyAds self-serve RTB platform (detected by the third party partner, as mentioned above). In this case, SmartyAds reserves the right to suspend user’s account until he/she will provide safe advertising materials.
You hereby agree to defend, indemnify and hold SmartyAds, and its affiliated companies, and each of their respective directors, officers, employees, consultants and agents harmless from any losses, damages, or costs arising from your use of the Services, or your breach of this agreement. This includes, but is not limited to, any losses, damages, or costs resulting from claims that your ads infringe upon any person's intellectual property or other rights.