Terms and Conditions

Last Updated: September 21st, 2023

Terms & Conditions

Please read these Terms and Conditions carefully before using our ad platform web application. These terms govern your access to and use of the services provided by our platform. By accessing or using our platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access or use our platform.

Acceptance of Terms

By using our ad platform web application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional terms and policies referenced herein or made available through our platform.

Account Registration

In order to access and use our ad platform, you may be required to create an account. You agree to provide accurate and up-to-date information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

User Responsibilities

1. Prohibited Conduct:
You agree not to use our ad platform web application for any unlawful or unauthorized purposes. You must comply with all applicable laws and regulations in your use of our services. Prohibited activities include, but are not limited to, the following:

  • Violating any intellectual property rights.
  • Uploading or transmitting any harmful or malicious content.
  • Engaging in fraudulent or deceptive practices.
  • Interfering with or disrupting the functionality of our platform.

 

2. Content Ownership:
You retain all ownership rights to the content you create or upload to our ad platform. By using our platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing our services.

Bidding Service Fee

The user agrees to pay Nickelytics Go a bidding service fee for its services. This fee shall be calculated as a percentage of the total campaign cost and shall range from 15% to 25% depending on the complexity of the bid, as determined by Nickelytics Go. The exact percentage applicable to each bid will be reported to the user in the billing history section of the application.

Campaign Minimums

The user acknowledges that there is a minimum ad credit expenditure requirement of $100.00 (USD) for services provided by Nickelytics Go. The user is liable to deposit a minimum of $100.00 unless the desired impressions, as outlined in the campaign objectives, are not fulfilled within the specified campaign dates. In such cases, On Touch Go reserves the right to adjust the campaign cost accordingly.

Billing Increments

Nickelytics Go bills users in increments of $100 (USD) for ad campaigns by default. Alternatively, users have the option to opt-in to be billed in higher increments as per their preference.

Issuance of Credits

Upon billing, the user‘s account will be issued credits equivalent to the amount billed. These credits will be used to cover the cost of impression bids and related campaign expenses.

Replenishing Credits

When the credits in the user‘s account can no longer cover the cost of their impression bids and campaign expenses, Nickelytics Go will automatically bill another increment of $100 (or the amount set by the user, if applicable) to replenish their account credits. This ensures the continuous operation of the ad campaign without interruption.

Users are responsible for managing their account credits and ensuring sufficient funds are available to support their campaigns. Any adjustments to billing increments should be specified by the user through their account settings.

Privacy

We value your privacy and handle your personal information in accordance with our Privacy Policy. By using our platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy

Disclaimer of Warranties:
Our ad platform web application is provided on an “as is” and “as available” basis, without any warranties or representations, express or implied. We do not guarantee the accuracy, completeness, or reliability of our services. You acknowledge that your use of our platform is at your own risk.

Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our ad platform web application. This includes, but is not limited to, damages for loss of profits, data, or

Indemnification

You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of our ad platform web application, your violation of these Terms and Conditions, or your violation of any applicable laws or regulations.

Modifications

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our platform. Your continued use of our services after the posting of any modifications constitutes your acceptance of such changes.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Texas.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us regarding your use of our ad platform web application and supersede any prior agreements or understandings, whether written or oral.

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected]

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