Terms & Conditions
Last updated: [DATE pending]
These Terms & Conditions (the “Terms”) govern access to and use of the MediaMax platform, websites, and related services (the “Service”) operated by [MediaMax legal entity name], [registered address] (“MediaMax”, “we”, “us”). By accessing or using the Service, the organization and the individual accepting these Terms on its behalf (“Customer”, “you”) agree to be bound by them. If you do not agree, do not use the Service.
1. Definitions
“Account” means a Customer organization provisioned on the Service. “Authorized User” means an individual you permit to use the Service under your Account. “Customer Data” means data you or your Authorized Users submit to the Service. “Documentation” means the usage materials we make available.
2. The Service
Subject to these Terms, MediaMax grants you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term. The Service provides traffic management, monetization, analytics, and advertiser-operations capabilities. We may update, improve, or modify the Service over time.
3. Accounts & Eligibility
Access to the Service is provisioned by MediaMax. Organizations and their administrators are created and approved by MediaMax platform administrators; there is no public self-registration. You are responsible for maintaining the confidentiality of your authentication credentials and for all activity under your Account. You must promptly notify us of any unauthorized use.
4. Acceptable Use
You agree not to, and not to permit any Authorized User to:
- use the Service in violation of applicable law or third-party rights;
- reverse engineer, resell, or provide unauthorized access to the Service;
- upload malicious code or attempt to disrupt or gain unauthorized access to the Service;
- use the Service to distribute unlawful, infringing, or deceptive content.
5. Fees & Payment
Fees, billing frequency, and payment terms are as set out in your order or agreement with MediaMax ([payment terms, e.g. net 30]). Undisputed overdue amounts may accrue interest at [late-payment interest rate]. Except as required by law, fees are non-refundable.
6. Customer Data & Privacy
You retain all rights in Customer Data. You grant MediaMax a limited license to process Customer Data solely to provide and improve the Service. Our handling of personal data is described in our Privacy Policy. You are responsible for obtaining any consents required for data you submit.
7. Intellectual Property
The Service, including all software, designs, and Documentation, is and remains the property of MediaMax and its licensors. No rights are granted except as expressly stated in these Terms. Feedback you provide may be used by MediaMax without restriction.
8. Third-Party Platforms & Integrations
The Service may integrate with third-party platforms (for example, ad networks and analytics providers). Your use of those platforms is governed by their own terms, and MediaMax is not responsible for their availability, accuracy, or actions.
9. Confidentiality
Each party will protect the other’s confidential information with at least reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.
10. Warranties & Disclaimers
The Service is provided “as is” and “as available”. To the maximum extent permitted by law, MediaMax disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
11. Indemnification
You will defend and indemnify MediaMax against third-party claims arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of law.
12. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages. MediaMax’s aggregate liability under these Terms will not exceed [liability cap, e.g. fees paid in the prior 12 months].
13. Term & Termination
These Terms apply while you use the Service. Either party may terminate for material breach not cured within [cure period] of notice. Upon termination, your right to access the Service ends; sections that by their nature should survive will survive.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by notice. Continued use after changes take effect constitutes acceptance.
15. Governing Law
These Terms are governed by the laws of [governing-law jurisdiction], and the parties submit to the exclusive jurisdiction of the courts of [courts / venue].
16. Contact
Questions about these Terms can be sent to [legal@mediamax contact email].