Terms of Service

• "Platform" or "Services": The Ad Pulse ad server technology and all related tools, APIs, dashboards, and documentation.
• "Client" or "You": Any entity (Publisher, Advertiser, Agency, or Ad Network) using our Services.
• "Publisher": Website or app owner selling advertising inventory through our platform.
• "Advertiser": Entity purchasing advertising inventory through our platform.
• "Agency": Entity acting on behalf of advertisers to manage campaigns.
• "Ad Network": Entity operating an advertising network using our technology.
• "Content": All advertisements, creatives, data, and materials submitted to or displayed through the Platform.
• "End Users": Individuals who view or interact with advertisements served through our Platform.

• Ad serving technology for display, video, and mobile advertising
• Campaign management dashboard with real-time controls
• Reporting and analytics with customizable metrics
• API access for programmatic integration (subject to tier limitations)
• Fraud detection and invalid traffic filtering
• Viewability measurement and brand safety controls
• Audience segmentation and targeting capabilities
• Integration with third-party SSPs, DSPs, and verification platforms
• Technical support (level of support depends on service tier)
• Comprehensive documentation and developer resources

We offer multiple service tiers to meet different business needs. Specific features and limitations are defined in our product documentation and your subscription agreement.

• Self-Service: Access to platform with standard features and automated workflows
• Managed Service: Dedicated account management and optimization support
• Enterprise: Custom solutions, white-label options, and priority support
• API-Only: Programmatic access for developers building custom integrations

We continuously improve our Services and may modify, update, suspend, or discontinue features at any time.

• We will provide reasonable notice (typically 30 days) for material changes that negatively impact your use of the Services.
• We are not liable for any modifications, suspensions, or discontinuations of Services.
• Continued use of the Services after modifications constitutes acceptance of the changes.
• Critical security updates or bug fixes may be implemented without prior notice.

• You must provide accurate, complete, and current information during registration.
• Each entity may maintain only one primary account. Account sharing is prohibited.
• We may require identity verification, business documentation, or tax information.
• We reserve the right to refuse registration or terminate accounts at our discretion.
• Different account types are available: Publisher accounts, Advertiser accounts, Agency accounts, and Ad Network accounts.

• You are solely responsible for maintaining the security of your account credentials.
• Keep your password confidential and use strong, unique passwords.
• Notify us immediately at security@adpulse.com.br if you suspect unauthorized access.
• You are liable for all activities that occur under your account, whether authorized or not.
• Multi-factor authentication may be required for certain account types or access levels.

• Maintain accurate and current contact information, billing details, and business information.
• Provide valid payment information for fee-based services.
• Complete business verification processes when requested (tax ID, business registration, etc.).
• Update your information promptly when changes occur.

• Serve advertisements on authorized websites, applications, or digital properties.
• Create, manage, and optimize advertising campaigns through the Platform.
• Access analytics, reports, and performance data for your campaigns or inventory.
• Use our API within documented rate limits and quotas.
• Integrate the Platform with authorized third-party services and tools.

You may NOT use our Services to:

• Violate any local, national, or international laws or regulations.
• Infringe upon intellectual property rights, privacy rights, or other rights of third parties.
• Serve prohibited content as defined in Section 4.3 below.
• Engage in click fraud, impression fraud, or any form of advertising fraud.
• Circumvent technical limitations, rate limits, or access controls.
• Reverse engineer, decompile, or attempt to extract source code from the Platform.
• Scrape, harvest, or collect data from the Platform except through authorized APIs.
• Interfere with or disrupt the integrity or performance of the Services.
• Impersonate any person or entity, or misrepresent your affiliation.
• Share account credentials with unauthorized parties.
• Distribute spam, malware, viruses, or other malicious code.
• Exceed published API rate limits or usage quotas.
• Resell or redistribute Services without explicit written authorization.

Advertisements served through our Platform must NOT contain or promote:

• Illegal products, services, or activities under applicable law.
• Adult or sexually explicit content (except in compliant, segregated categories with proper age-gating).
• Graphic violence, hate speech, or content promoting discrimination.
• Malware, viruses, spyware, or other harmful code or technologies.
• Deceptive, fraudulent, or misleading content or practices.
• Content that infringes intellectual property rights (copyright, trademark, patent).
• Weapons, ammunition, or explosives (subject to local regulations).
• Illegal drugs, controlled substances, or drug paraphernalia.
• Tobacco products in jurisdictions where tobacco advertising is restricted.
• Online gambling or real-money gaming in restricted jurisdictions.
• Counterfeit goods or services.
• Unsubstantiated health claims or miracle cures.
• Political advertisements without proper disclosure and compliance with election laws.
• Content that inappropriately targets or collects data from children under applicable age limits.

• Follow industry advertising standards and best practices (IAB, NAI, DAA, etc.).
• Comply with all applicable privacy and data protection laws (GDPR, CCPA, LGPD, etc.).
• Obtain all necessary consents and permissions from end users for data collection and processing.
• Honor user privacy preferences including Do Not Track signals where legally required.
• Publishers must maintain accurate ads.txt and app-ads.txt files to prevent unauthorized inventory sales.
• Implement Consent Management Platforms (CMPs) where required by applicable privacy laws.
• Follow platform-specific policies when advertising on Google, Apple, Facebook, or other third-party platforms.

• All fees are exclusive of applicable taxes, duties, and government charges.
• You are responsible for all taxes associated with your use of the Services, except for taxes based on our net income.
• We may collect and remit applicable taxes (such as VAT, GST, sales tax) as required by law.
• Provide valid tax documentation (tax exemption certificates, VAT IDs, etc.) when requested.

• Interest charged on overdue amounts at 1.5% per month (18% annually) or the maximum legal rate, whichever is lower.
• Accounts with overdue balances may have Services suspended or terminated.
• You are responsible for all reasonable costs of collection, including attorney fees.
• Persistent non-payment may result in referral to collections agencies or legal action.

• Subscription fees are generally non-refundable except as required by law.
• Unused prepaid advertising balances may be refunded upon request, minus applicable processing fees.
• Disputed charges must be reported in writing within 30 days of the charge date.
• Refund decisions are made at our sole discretion on a case-by-case basis.

• The Platform, software, technology, algorithms, and infrastructure are owned by Ad Pulse and protected by intellectual property laws.
• All trademarks, logos, service marks, and branding elements are the property of Ad Pulse.
• Documentation, training materials, and other resources are copyrighted works of Ad Pulse.
• We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
• This license does not transfer any ownership rights to you.

• You retain all ownership rights to your Content (advertisements, creatives, data, and materials).
• You grant Ad Pulse a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and analyze your Content solely to provide the Services.
• This license includes the right to create derivative works for purposes such as optimization, reporting, and fraud prevention.
• The license continues for the duration of your use of the Services and for a reasonable archival period thereafter.
• You may delete your Content at any time, which will terminate the license (except for archival copies required for legal or operational purposes).

• Any feedback, suggestions, ideas, or improvements you provide may be used by Ad Pulse freely without compensation or attribution.
• We are not obligated to implement any suggestions or maintain confidentiality of feedback unless covered by a separate agreement.
• Providing feedback does not grant you any rights to future implementations or features.

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe Content infringes your copyright, submit a notice to dmca@adpulse.com.br with: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a good faith statement, and (5) a statement of accuracy under penalty of perjury. Repeat copyright infringers will have their accounts terminated.

• You own and control your first-party data (data you collect directly from your users).
• Ad Pulse owns platform-generated data, including performance metrics, system logs, and operational data.
• Aggregated and anonymized data derived from the Platform may be used by Ad Pulse for analytics, benchmarking, and product improvement.

• See our Privacy Policy for detailed information on how we collect, use, and protect data.
• You must comply with all applicable privacy and data protection laws (GDPR, CCPA, LGPD, etc.).
• Obtain all required consents from end users before collecting or processing their personal data.
• Implement appropriate privacy controls such as cookie consent banners, privacy policy disclosures, and opt-out mechanisms.
• Data Processing Agreements (DPAs) are available upon request for clients subject to GDPR or similar regulations.

• We implement commercially reasonable security measures to protect data, including encryption, access controls, and monitoring.
• You are responsible for securing your own data collection and storage practices.
• Report any suspected security incidents or data breaches to security@adpulse.com.br immediately.
• While we strive to protect data, no system is 100% secure. We cannot guarantee absolute security against all threats.

You represent and warrant that:

• You have the legal authority and capacity to enter into this agreement.
• Your use of the Services complies with all applicable laws and regulations.
• Your Content does not violate or infringe upon the rights of any third party.
• All information you provide to us is accurate, complete, and truthful.
• You own or have obtained all necessary rights and licenses to the Content you submit.
• You have obtained all required consents from end users for data collection and use.
• You will not engage in fraudulent, deceptive, or unlawful activities through the Platform.

We warrant that:

• The Services will perform substantially as described in our documentation under normal use.
• We have the necessary rights and authority to provide the Services to you.
• We will comply with applicable laws in providing the Services.

• Ad Pulse's total aggregate liability for all claims arising from or related to the Services is limited to the amount of fees you paid to us in the 12 months immediately preceding the claim.
• We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind.
• This includes but is not limited to lost profits, lost revenue, lost data, lost business opportunities, or costs of substitute services.
• These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

The limitations in Section 9.1 do not apply to:

• Gross negligence or willful misconduct by Ad Pulse.
• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Liability that cannot be limited or excluded by applicable law.

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, acts of war or terrorism, labor strikes, government actions, internet infrastructure failures, or pandemics. The affected party will make reasonable efforts to resume performance as soon as practicable.

You agree to indemnify, defend, and hold harmless Ad Pulse, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from or related to:

• Your use or misuse of the Services.
• Your Content, including any claims of infringement or violation of third-party rights.
• Your violation of these Terms or applicable laws.
• Third-party claims arising from your advertising campaigns or business activities.
• Your breach of representations or warranties made in these Terms.

We will indemnify you from third-party claims that the Platform infringes their intellectual property rights, provided that: (a) you promptly notify us of the claim in writing, (b) you grant us sole control of the defense and settlement, and (c) you provide reasonable cooperation. We may, at our option, modify the Services to avoid infringement, obtain licenses, or terminate your access with a pro-rata refund.

• These Terms begin when you first access or use the Services and continue until terminated by either party.
• Subscription terms are specified in your service agreement (monthly, annual, or custom).

• You may cancel your subscription at any time through your account settings or by contacting support.
• Annual subscriptions require 30 days written notice for cancellation without penalty.
• Early termination of annual contracts may incur cancellation fees as specified in your agreement.
• Upon cancellation, access continues until the end of your current billing period.

• We may terminate your account immediately for material breach of these Terms.
• We may terminate for convenience with 30 days written notice.
• We may suspend access immediately for security concerns, legal compliance, or suspected fraud.
• Accounts with overdue payments may be suspended or terminated after reasonable notice.

• Upon termination, your access to the Platform and Services immediately ceases.
• All outstanding fees and charges become immediately due and payable.
• Your data may be deleted 30 days after termination. Export your data before termination.
• Surviving provisions include payment obligations, intellectual property rights, indemnification, liability limitations, and dispute resolution.
• Termination does not relieve you of obligations incurred prior to termination.

• These Terms are governed by the laws of the State of São Paulo, Brazil, without regard to conflict of law provisions.
• Any disputes arising from these Terms will be resolved in the courts of São Paulo, Brazil.
• You consent to the exclusive jurisdiction and venue of courts located in São Paulo for any legal proceedings.

These Terms, together with our Privacy Policy and any custom agreements, constitute the entire agreement between you and Ad Pulse regarding the Services. They supersede all prior agreements, understandings, and communications. In case of conflict, the order of precedence is: (1) Custom written agreements, (2) these Terms, (3) other policies.

We may modify these Terms at any time by posting updated Terms on our website. We will provide 30 days notice for material changes that negatively affect your rights. Continued use of the Services after changes become effective constitutes acceptance. If you disagree with changes, your sole remedy is to terminate your account.

You may not assign, transfer, or delegate these Terms or your account without our prior written consent. We may freely assign these Terms, including in connection with mergers, acquisitions, corporate reorganizations, or sales of assets. Any unauthorized assignment is void.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect. Invalid provisions will be reformed to the minimum extent necessary to make them enforceable.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Waivers must be in writing and signed by an authorized representative of Ad Pulse. A waiver in one instance does not waive the same or any other provision in the future.

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship. Neither party has authority to bind the other or make commitments on behalf of the other.

These Terms are solely for the benefit of the parties and do not confer any rights or remedies upon any third party, except as expressly stated.

Legal notices must be sent to legal@adpulse.com.br. Notices to you will be sent to the email address associated with your account. Notices are deemed effective when sent, or upon delivery if sent by mail or courier.

These Terms are provided in multiple languages for convenience. In case of conflicts or inconsistencies between translations, the English version controls and prevails.

You must comply with all applicable export control laws, economic sanctions, and trade restrictions. You will not use the Services in violation of any U.S., EU, or international export laws or sanctions programs. You will comply with anti-corruption laws including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

• Publishers must maintain accurate and up-to-date ads.txt and app-ads.txt files listing Ad Pulse as an authorized seller.
• Traffic must be genuine and from real human users. Incentivized traffic, bot traffic, or fraudulent impressions are prohibited.
• Publishers must comply with all content policies and ensure ad placements meet quality standards.
• Revenue share percentages and payment terms are specified in your Publisher Agreement.
• Publishers are responsible for obtaining user consents required by privacy laws.

• All advertising campaigns are subject to approval. We reserve the right to reject campaigns that violate our policies.
• Advertisers must adhere to creative specifications (file sizes, formats, dimensions) published in our documentation.
• Certain targeting options may be restricted based on privacy laws or platform policies.
• Budget and pacing controls are available to manage campaign spending, but actual delivery may vary based on auction dynamics.
• Performance guarantees (if any) are specified in writing in your Insertion Order or Campaign Agreement.

• API rate limits and quotas are enforced to ensure platform stability. Limits vary by service tier.
• API authentication is required using OAuth 2.0 or API keys as documented.
• Use APIs only for authorized purposes. Do not circumvent technical limitations or abuse API access.
• APIs may be deprecated with reasonable notice (typically 6 months). Plan for version migrations accordingly.
• API downtime or changes are not considered breaches of these Terms, though we strive for high availability.

• White-label services require a separate custom agreement with specific terms and pricing.
• Branding guidelines must be followed when using Ad Pulse technology under your brand.
• You are responsible for first-level customer support for your white-label clients.
• Revenue sharing or licensing fees for white-label services are defined in your custom agreement.
• White-label agreements may include additional restrictions or requirements.