1. Business Overview & Background
1.1. Welcome to LightAd DSP (the “Platform” or “DSP”). Our proprietary Platform is a demand-side platform, which is a software platform for advertisers, which provides, among other services, real time bidding, audience targeting, performance analytics, in-app/CTV (Connected TV) traffic for advertisers, freelancers, app owners, and others, which are Clients. We offer worldwide traffic subject to limitations by any applicable law or regulation. Our services include both a self-serve platform and managed campaigns (the “Services”). Our DSP operates on proprietary technology developed in-house and adheres to IAB protocols.
1.2. These General Terms govern, in conjunction with any other applicable document, as may be detailed herein below, of Client’s use of the Platform, and the contractual framework with (the “Company”) with respect thereto.
1.3. The Services are meant to be utilized by advertisers, networks of publishers, network publishers, and relevant third parties, which agree to these General Terms, and have opened an Account with the Platform (the “Client”), or were refused to open an Account with the Platform.
1.4. Should the Company and the Client enter into a separate and/or different and/or additional agreement and/or Order Forms (a “Separate Agreement”), the terms contained therein shall govern, unless otherwise provided thereunder (a Separate Agreement, and these Terms, collectively, shall be referred to herein as the “Agreement”).
1.5. Changes to the Services, General Terms or the Agreement may be modified by the Company. These Terms may be modified (including URLs referenced in these Terms, if any, and the content within such URLs) from time to time. Company may also modify URLs referenced in an Order Form and the content within such URLs from time to time. Any modifications to these General Terms or the URLs referred to in this Agreement will be available at the relevant URL. Changes to these Terms (including changes to the content within URLs) will not apply retroactively and will become effective 5 calendar days after they are posted, except that changes to URL references will be effective immediately.
2. Definitions
The following capitalized terms will have the associated meanings for purposes of the Agreement. Any definitions included in these Terms or any related Order Form(s) will have the same meaning throughout the Agreement.
2.1. “Account” the Client’s account opened for the Platform
2.2. “Ad(s)” means advertising content.
2.3. “Affiliate” or “Affiliated Party” means, with respect to a party, an entity that directly or indirectly controls, is controlled by or is under common control with such party.
2.4. “Brand Characteristics” means each party’s trade names, trademarks, logos and other distinctive brand features.
2.5. “Client Content” means any content served to End Users through the Target Properties that is not provided by Company (including the content of all Ads served via the Services), or otherwise served to the Company, via the Platform or otherwise, to be reviewed in accordance with Section 5.
2.6. “Confidential Information” means information that one party (or an Affiliate) discloses to the other party under the Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by the recipient, is lawfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
2.7. “Creatives” refers to the digital ad assets, such as banners, videos, or other media, that are designed and displayed as part of advertising campaigns. These creatives are used by advertisers to communicate their message to the target audience within your platform.
2.8. “Cryptocurrency” refers to a digital or virtual currency that uses distributed ledger technology, independently of a central bank. Cryptocurrencies include, but are not limited to, Bitcoin (BTC), Ethereum (ETH), Tether (USDT), and other digital assets that may be accepted as a form of payment under this Agreement.
2.9. “Data” means data derived from Client’s use of the Services.
2.10. “End User(s)” means individual human end users of a Target Property.
2.11. “Intellectual Property Rights” means all copyrights, moral rights, patent rights, trademarks, rights in or relating to Confidential Information and any other intellectual property or similar rights (registered or unregistered) throughout the world.
2.12. “Order Form” means an order form, or an insertion order, schedule or other agreement that is subject to these Terms and sets forth pricing and other terms with respect to a particular Service. All Order Forms incorporate and are governed by the terms and conditions contained herein.
2.13. “Service Fees” mean the service, transaction, product and other fees set forth in the Order Form(s) or in an applicable user interface for a Service.
2.14. “Target Properties” means properties on which an Ad is served via the Services (i.e., web sites, consent-based e-mail publications, approved software applications or other properties as approved by Company).
3. Opening an Account
To register and access our Platform, Clients must first submit their personal and contact details. Upon receipt of this information, a member of our team will reach out to the user to discuss their needs and verify their credentials. Please note that users are not permitted to directly open an account on the platform. We prioritize vetting each user before onboarding to ensure a secure and high-quality experience for all members of our community. The Company reserves at all times the right to elect, in its sole discretion and without providing any explanation, to refuse to open an account.
4. Client’s Obligations
4.1. Client shall:
a) At all times utilize or otherwise use the Services in full compliance with all applicable laws, regulations, and Company’s policies, as may be amended from time to time, and at all times the burden of proof in establishing such compliance remains with Client, should it be required to provide proof of such compliance by the Company;
b) Be solely responsible for their usage and implementation of the Services, their utilization of third-party data, and its providers, and the acts or omissions related thereto;
c) Obtain all rights necessary to use, and necessary to permit Client, as the case may be, to use the Data under the terms of the Agreement, including from Client’s Affiliates, partners, Target Property owners, and End Users;
d) Use the Services in compliance with all applicable privacy and export laws, rules, regulations and sanctions programs, including applicable internet advertising industry guidelines (e.g., the self-regulatory principles/code of conduct of the Network Advertising Initiative, the Interactive Advertising Bureau and the Digital Advertising Alliance); and
e) Ensure that each of its Target Properties utilizing a Service contains a privacy policy that discloses (i) the usage of third-party technology and (ii) the data collection and usage resulting from the Services, provided that those privacy policies need not expressly identify Company or any Service, unless otherwise required by law, rule or regulation; and advise its Clients and Company Partners in writing that each of their web sites and Target Properties must comply with the foregoing.
f) The Client is solely responsible for the substantive content of each Ad. The Client warrants and represents that it shall use commercially reasonable efforts to ensure that the Ad Creatives and landing pages do not contain or link to any content that: (a) violates any applicable law, rule or regulation, (b) promotes violence, the use of firearms, or unlawful subject matter or activities (e.g. discrimination of protected classes, hate crimes, P2P sites, or copyright protection circumvention sites, etc.), (c) violates any intellectual property right or other proprietary or privacy right of any third party, and (or) (d) is defamatory, libelous, deceptive, pornographic or sexually explicit.
4.2. Client shall not (and will not assist or knowingly permit any third party to):
a) pass information to Company that Company could use or recognize as personally identifiable information;
b) misappropriate any part of a Service or modify, disassemble, decompile, reverse engineer, copy, reproduce or create derivative works from or in respect to Services or any part of a Service;
c) damage or tamper with any part of a Service;
d) knowingly breach any Service security measure; or
e) provide Company any Ad that (x) when viewed or clicked on by an End User’s computer, causes such End User’s computer to download any software application, or (y) is illegal.
5. Content Approval and Rejection
5.1. The Company reserves the right to review, approve, or reject any Client Content for use on the Platform. The Company may remove or reject Client Content that, in its sole discretion, is deemed to be in violation of any applicable law, regulation, or industry standard, or that may negatively impact the Platform’s and/or the Company’s reputation, user experience, or operational integrity. This includes, but is not limited to, content that is:
a) In violation of any intellectual property rights;
b) Deemed inappropriate, offensive, or harmful;
c) Misleading, false, or deceptive;
d) Violating privacy or data protection laws;
e) Promoting illegal activities.
5.2. The Company shall notify the Client of any such removal or rejection and may provide an opportunity for the Client to modify the content to comply with the Company’s standards and requirements.
6. Data Collection and Usage
We collect data per applicable privacy regulation and IAB standards, such as Device ID, Geo, Language, User ID, etc., while ensuring no personal identifiers like names or addresses are collected. This data is stored on the cloud for optimizing campaigns and general use. For more information, please visit our Privacy Policy at: https://lightad.com/privacy-policy/
7. Compliance with Privacy Regulations
We ensure compliance with GDPR, CCPA, and other relevant data protection laws using industry-standard macros, by ourselves or by third party services providers. For more information, please visit our Privacy Policy at: https://lightad.com/privacy-policy/
8. Intellectual Property
8.1. Company owns and retains all right, title and interest in and to the Platform and any Intellectual Property Rights in connection thereto, all software, databases and other aspects and technologies related to the Platform, any enhancements, modifications or derivative works thereto, any materials made accessible to the Client by Company through the Platform, such as through the user interfaces or otherwise, and all intellectual property and proprietary rights in and to all of the foregoing. The Client shall not use the Platform except as expressly provided for in these Terms, and Agreement. The Client shall not reverse engineer, disassemble, reconstruct, prepare derivative works from, decompile, copy, or otherwise attempt to derive source code from the Platform or any aspect or portion thereof (except to the extent that such acts are permitted by applicable law), or alter or remove any identification, trademark, copyright or other notice from the Platform, nor will the Client authorize, permit or cause others to do so.
8.2. Clients must ensure their campaigns comply with intellectual property rights. Company shall not be liable for any campaigns that infringe these rights. Except to the extent expressly stated otherwise in the Agreement, neither party will acquire any right, title or interest in any Intellectual Property Rights owned or licensed by the other party.
9. Brand Characteristics
Company may use Client’s Brand Characteristics as necessary for Company to provide the Services (e.g., if Client makes its inventory available on a transparent basis via the Services, and, further, Company may display Client’s Brand Characteristics to advertisers). Other than the limited license set forth in the preceding sentence, Company will not use Client’s Brand Characteristics (including for marketing and promotional purposes) without Client’s prior written approval.
10. Confidentiality
The receiving party will not disclose the Confidential Information of the disclosing party, except to Affiliates, employees, agents, or professional advisors of the receiving party who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The receiving party will ensure that those people and entities use the Confidential Information of the disclosing party only to exercise rights and fulfill obligations under the Agreement, and that they keep it confidential. The receiving party may also disclose Confidential Information when required by law after giving reasonable notice to the disclosing party, if permitted by law. For purposes of clarification, Data and the terms and conditions of this Agreement are considered Confidential Information under the Agreement.
This Section shall not apply in connection with Section 15.4, in a case where Company is required to provide any such information for any Cryptocurrency exchange.
11. Representations and Warranties
Each party represents and warrants that it has all necessary rights and authority to (i) enter into the Terms and each Order Form, and (ii) perform its obligations hereunder and thereunder. Client further represents and warrants that it has all necessary rights and authority to act on behalf of any Clients and Affiliated Parties.
12. Disclaimers
Except as expressly provided for in the Terms and or any other portion of the Agreement and to the maximum extent permitted by applicable law, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE. EACH PARTY HEREBY EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET THE OTHER PARTY’S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT, OR THAT ANY DEFECTS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED.
FURTHERMORE, COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY CONTENT, TARGET PROPERTIES OR INFORMATION PROVIDED THROUGH THE SERVICES OR PRODUCTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY RELIANCE ON OR USE OF SUCH CONTENT OR INFORMATION IS AT THE RISK OF THE CLIENT OR THE END USER.
CLIENT ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY OTHER PERSON ON THE COMPANY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE FOREGOING DISCLAIMERS WILL NOT LIMIT EITHER PARTY’S IP INFRINGEMENT INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION IN THESE TERMS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
13. Indemnification
13.1. Client (the “Indemnifying Party”) will defend and indemnify the Company and its officers, directors, employees and agents (each, an “Indemnified Party”) from all third-party claims or liabilities (including reimbursement for reasonable outside attorneys’ fees and disbursements) arising out of or related to the Indemnifying Party’s (i) breach or alleged breach of the Agreement or (ii) infringement of a Company’s patent, trademark, trade secret or copyright in connection with (x) with respect to Company, the software and other technology used by Company to provide the Services hereunder, and (y) with respect to Client, the creative, technology, data or other materials provided by Client to Company or otherwise provided and utilized by Client in connection with the Services hereunder (the indemnification obligation of Client described in this clause (ii), the “IP Infringement Obligation”).
13.2. In addition, Client will defend and indemnify Company and its Indemnified Parties from all third-party claims or liabilities (including reimbursement for reasonable outside attorneys’ fees and disbursements) arising out of or related to: (i) Client Content, Target Properties or Client’s Brand Features, (ii) any use of Service(s) by a Client’s Affiliated Parties, or (iii) any direct claims brought by Client Affiliated Parties against Company relating to Company’s provision of the Service(s) for such Client Affiliated Party.
13.3. The Indemnified Party must (i) promptly notify the Indemnifying Party in writing of the third-party claims (except that failure of the Indemnified Party to promptly notify the Indemnifying Party will not relieve the Indemnifying Party of its indemnification obligations, except to the extent it has been damaged by the failure); (ii) reasonably cooperate with the Indemnifying Party in the defense of the matter and (iii) give the Indemnifying Party primary control of the defense of the matter and negotiations for its settlement. The Indemnified Party may at its expense join in the defense with counsel of its choice. The Indemnifying Party may enter into a settlement only if it (A) involves only the payment of money damages by the Indemnifying Party and (B) includes a complete release of the Indemnified Party; any other settlement will be subject to written consent of the Indemnified Party (not to be unreasonably withheld or delayed).
13.4. If a Service becomes, or in Company’s reasonable opinion is likely to become, the subject of an intellectual property infringement claim, then Company will promptly notify Client and, at its sole option and expense, may suspend provision of the applicable Service and either: (x) procure the right to continue providing the Service as contemplated by the Terms; (y) modify the Service to render it non-infringing without adversely affecting use of such Service; or (z) replace the Service with a functionally equivalent, non-infringing service. If the above options are not commercially practicable, either party may terminate the Order Form(s) for the Services impacted.
14. Limitations of Liability
14.1. Unless otherwise expressly limited, each party shall be liable to the other party for the breach of their obligations under the Agreement and shall compensate the other party for the damages caused by such breach.
14.2. In no event shall either party be liable to the other for any lost profits or special, punitive, incidental, consequential or other indirect damages, however caused and whether in contract, tort or under any theory of liability, and whether or not such party has been advised of the possibility of such damages. Excluding payment obligations, in no event shall Company’s aggregate liability to the other arising out of the Agreement exceed the lesser of: (a) US$ 1,000 or (b) amounts payable to Company in the period of three (3) months preceding the incident giving rise to the claim. The above limitations shall apply notwithstanding the failure of the essential purpose of any remedy.
14.3. The limitations on liability set forth in Section 14.2 shall not apply to: (a) a breach of Section 10 of the Terms (Confidentiality), (b) a claim for indemnification under section 13, (c) a claim arising out of Client’s infringement of Intellectual Property Rights, due payments to Company, compliance with any applicable law, including without limitations, privacy regulation and financial regulation, by Client; or (d) the gross negligence; willful or intentional misconduct; dishonesty; or fraudulent, criminal or malicious conduct of the Party seeking to limit its damages.
15. Payments and Billing
15.1. All payments are prepaid. Payment terms include prepayment with a minimum initial payment as may be decided, amended or otherwise revised, in Company’s sole discretion. Wire transactions require a minimum of $500. Users bear any transaction fees for PayPal, Payoneer, or other payment methods. Company may offer Cryptocurrency options like USDT. Negative balances are not permitted unless specified in an Order Form.
15.2. The Service Fees are exclusive of taxes. Client will pay all taxes and other government charges related to or arising from use of the Services (except for taxes on Company’s net income).
15.3. In addition to other rights and remedies Company may have, Company may offset the Service Fees payable by Company under the Agreement against any payment obligations to Client that Company may incur under the Agreement.
15.4. Should payments to Company be made via Cryptocurrency, the following shall apply in addition to the above (and without derogating from anything under the Agreement):
Refund Policy
16. Refund Eligibility:
16.1. Refunds may be requested for unspent deposit amounts in your account, subject to review and approval.
16.2. Refund requests must meet all applicable criteria outlined by our policies.
17. Non-Refundable Credits:
17.1. Any credits received through promotional codes, special offers, or direct transfers from the DSP are non-refundable under any circumstances.
18. Processing Charges:
18.1. Approved refunds may incur a processing fee, which will be deducted from the refundable amount.
Refund Request Procedure: To initiate a refund request, please contact our support team and provide the necessary details for verification.
a) Acceptance of Cryptocurrency Payments.
The Company may accept payments in various cryptocurrencies as specified in the applicable Order Form, or on the Platform. All Cryptocurrency transactions must comply with the Company’s relevant policies and applicable laws and regulations.
b) Client Responsibility for Cryptocurrency Source.
The Client is solely responsible for ensuring that the Cryptocurrency used for payments is obtained through legal and legitimate means. The Client must not use funds that are derived from or related to any illegal activities, including but not limited to money laundering, terrorist financing, fraud, or any other illicit activities.
c) Indemnification.
Without derogating from Section 13 hereof, the Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of or related to the Client’s use of non-AML compliant funds or Cryptocurrency that causes any account to be locked, frozen, or subject to investigation by an exchange or regulatory authority.
d) Notification of Account Issues.
In the event that an account is locked, frozen, or otherwise restricted by a Cryptocurrency exchange due to the receipt of Cryptocurrency payments from the Client, the Company will notify the Client as soon as practicable. The Client agrees to cooperate fully with the Company and the exchange to resolve the issue.
e) Right to Refuse or Refund Payments.
The Company reserves the right to refuse or refund any Cryptocurrency payments that it deems, in its sole discretion, to be associated with illegal activities or to pose a risk to the Company or its operations. In such cases, the Client will be notified, and the Company may require the Client to provide additional information.
19. Term, Termination and Suspension of Services
19.1. Term
The term of the Agreement is as set forth in an applicable Order Form(s), unless earlier terminated in accordance with the Agreement; and, if there is not Order Form, until terminated by either party.
19.2. Termination
a) Either party may terminate an Order Form upon notice with immediate effect if the other party is in material breach of these Terms, any Agreement, or the applicable Order Form:
i. where the breach is incapable of remedy;
ii. where the breach is capable of remedy and the party in breach fails to remedy that breach within 14 calendar days after receiving notice from the other party; or
iii. more than twice even if the previous breaches were remedied.
iv. Clients can terminate their Accounts at any time, if there are no due and unpaid Service Fees owed to Company. Any unused funds may be refunded, subject to a written request and to a transaction fee. Violations of Terms and any Agreement result in immediate termination, with funds held pending a compliance investigation.
b) Company may terminate the Agreement immediately upon notice, for any reason.
c) If Company is unable to provide a Service due to any changes in law or regulations, it may terminate the applicable Order Form related to such Service upon notice to Client.
d) Upon the expiration or termination of the Agreement for any reason:
i. all rights and licenses granted by each party will cease immediately; and
ii. if requested, each party will use commercially reasonable efforts to promptly return to the other party, or destroy and certify the destruction of, all Confidential Information (excluding Data) disclosed to it by the other party.
iii. Any due and unpaid Service Fees owed to Company, shall be paid upon such notice unless otherwise agreed.
19.3. Suspension
If Client or a Client’s Affiliated Party is in violation (or if Company reasonably suspects a violation) of these Terms or the Agreement, then Company may immediately suspend or deactivate Company or Client’s Affiliated Party use of all or any part of the applicable Services. Such suspension’s time, length and any other detail, will at all times remain at Company’s sole discretion.
20. Availability of Services
Company is not responsible for issues beyond its control, such as cloud server problems or Force Majeure. Clients will be notified of scheduled maintenance or unexpected downtime via automated emails.
21. Miscellaneous
21.1. Assignment. Neither party may assign any part of the Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assignor has notified the other party of the assignment. Any other attempt to assign is void.
21.2. Change of Control. If a party experiences a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other form of corporate transaction): (i) that party will give written notice to the other party within 30 days after the change of control; and (ii) the other party may immediately terminate the Agreement any time between the change of control and 30 days after it receives that written notice.
21.3. Conflicting Terms. If there is a conflict between the Terms and a term of an Order Form, the term of the Order Form will govern, however, if such there is not specific section regarding any aspect in the Order Form, such missing agreement which exists in these Terms shall be prevail.
21.4. Entire Agreement. The Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into the Agreement neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in the Agreement.
21.5. Force Majeure. Excluding payment obligations, neither party shall be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to war, armed conflict, terrorist acts (whether in physical vicinity or from distance), fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, DDOS attacks, or labor disputes or any other cyber-attack the effect of which could shut down the Platform or website.
21.6. Governing Law. All claims arising out of or relating to the Agreement or any related Services will be governed by the law of the State of Israel, excluding Israel’s conflict of laws rules, and will be litigated exclusively in the competent courts of the Tel-Aviv-Jaffa district, Israel. the parties’ consent to personal jurisdiction and waive all objections to proper venue in those courts.
21.7. Notices. All notices of termination or breach must be in English, in writing and addressed to the other party’s Legal Department. The address for such notices to Company’s Legal Department is Mivzah Kadesh 21 Raanana Israel 4331811. All other notices must be in English, in writing and addressed to the other party’s primary contact. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).
21.8. No Agency. The Agreement does not create any agency, partnership, or joint venture between the parties.
21.9. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement.
21.10. No Third-Party Beneficiaries. The Agreement does not confer any benefits on any third party unless it expressly states that it does.
21.11. No reselling unless expressly permitted. Except as expressly set forth in an Order Form, Client may not resell any of the Services.
21.12. Severability. If any term (or part of a term) of the Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
21.13. Subcontractors. Either party may subcontract any of its obligations under the Agreement, without the written consent of the other party. Each party is liable for the acts and omissions of its subcontractors.
If Client (or its clients or Affiliates) engage a subcontractor that is recommended by Company or is a Company Affiliate:
i. Client acknowledges and agrees that the products and services provided by such subcontractor are not provided by Company and Company makes no representations or warranties about such subcontractor’s performance; and
ii. Client is liable for the acts and omissions of such subcontractor.
21.14. Approvals. The parties agree that whenever the Agreement calls for written request or written approval to be provided by either party, unless otherwise expressly stated that e-mail is not acceptable, such request or approval may be provided via e-mail.
21.15. Equitable Relief. Nothing in the Agreement will limit a party’s ability to seek equitable relief; except that Client will not seek, in a proceeding filed during the Term or for two years after the Term, an injunction or an exclusion order of any of the Services or any portion of the Services based on patent infringement.
21.16. Survival. Notwithstanding termination or expiration of the Agreement, any provisions of the Agreement that by their nature are intended to survive, will survive termination including, but not limited to: Sections 7 (Intellectual Property), 9 (Confidentiality), 11 (Disclaimers), 12 (Indemnification), 13 (Limitation of Liability), 14 (Payments and Billing), and 17 (Miscellaneous).
21.17. By accessing and using LightAd DSP, you acknowledge and agree that you may receive email communications from us, including but not limited to operational updates, account notifications, promotional offers, and other relevant information related to our services. You automatically opt in to receive these emails by registering for and using the DSP. If you no longer wish to receive such communications, you may opt out by following the unsubscribe instructions provided in each email or by contacting us directly at [your contact email]. Please note that even if you opt out of promotional emails, we may still send you transactional or account-related emails necessary for the provision of our services.
By using our Platform, you agree to these terms and conditions. If you do not agree, please refrain from using our platform.
