Terms of Use
These terms and conditions are integral parts of advertising service contracts. A prerequisite for the provision of the below-mentioned services comes customer agreement. By using our services you hereby agree to these terms of service.
1. The Service
The term “service” in this agreement shall govern all products and services provided services by TimeToGrow International Llc. (“TTG”) which include access to TTGs self-service RTB demand platform, marketplace, and other programmatic functionalities related to self-service RTB platform (the “DSP”).
2. Access
TTG provides you with the necessary functionality and access to the DSP features necessary to run programmatic advertising campaigns and amongst others:
- Taking part in RTB auctions, finding suitable ad placements, bidding, purchasing and displaying ads on publisher’s web sites and applications.
- Storing the ad creatives.
- Managing and tracking performance and attribution of the campaign results with online analytics.
3. Limitations
When you receive access to the platform, you gain the rights to use and apply available internal functionality at your own discretion. The role of the user doesn't extend to any intellectual property rights including without limitations: patents, trademarks, or any other intellectual property rights. This access and use right may be revoked at any time by TTG in case you breach the terms of this agreement or any other terms governing the usage of the DSP.
TTG does not allow and strickly prohibits using the DSP for any purposes that may be deemed as a violation of laws, intellectual property rights, and requirements stated here. Without derogating from the aforementioned, it is strictly prohibited to: make a copy of the DSP or its separate parts, functionality, etc., perform reverse engineering, or to fetch the source code or APIs of the system, create any derivative work based on the functional parts of the DSP.
TTG reserves the right to update the Terms of Service from time to time at its sole discretion at any time. As well, it applies to all platform modifications, augmentations, change in design, etc.
4. Prohibited activities
The following list that we put here includes but is not limited to activities that are prohibited at our self-serve platform. In case you didn't find your case in the list or have additional questions considering the appropriateness of certain actions, you need to contact representatives of TTG to clear the issue and receive a permit to execution.
The following actions are strictly prohibited:
- Applying an unauthorized credit card for paying commissions or funding your account.
- Trying to access other TTG services that don’t belong to the self-serve platform without authorization.
- Advertising of illegal service or products (please refer to the full list on our advertiser and creative policies).
- Creating or otherwise spreading malware, harmful or dangerous software of any kind.
- Engaging in actions that cause copyright infringement, patent, trademark, or corporate secrets violation, including publicity or privacy rights.
- Granding access to unauthorized people who did not receive explicit approval from TTG to use the DSP.
- Using any technologies that may hide or mask TTGs trademarks, logos and other corporate information or idenetity (images, text, page forms and layouts).
- Copying any part of TTGs website or content and monitor site changes using crawlers, bots, spiders and other computer software.
- Publish or share any service-related information from the DSP in market researches, competitive analisys or any digital form without TTGs prior explicit written concent.
- Any harmful or negligent action that may cause harm to TTG and its partners, servers, technology, and overall operation.
5. Personal account
By entering this agreement you hereby confirm to TTG that you’re allowed and eligible to enter into this agreement on behalf of your company or organization. If you are creating a personal account on behalf of a different entity, you also guarantee to TTG that you entitled and have the right to enter into this agrement on behalf of this ogranization you represent.
6. Additional Information and confirmation
TTG may require you to provide additional data and/or confirmation to certain information you enter during your regitration and DSP usage. This data may include email validation. Identity confirmation, bank data confirmation and any other data TTG may deem requires additional information or confirmation.
7. Keeping your account information updates
It is your own responsibility and obligation to keep your account data valid and relevant during usage of the DSP. In the event yout account data changes you need to update the data on the DSP and keep it up to date with all personal and corporate information.
8. Requirements for campapign creatives and advertising
Since the legal and technical frameworks are changing in the advertising industry, after some time certain regulations may be changed, substituted or replaced. In order to keep with the changes in the adTech inductry we recomen you keep yourself updated with all changes in the advertising industry.
All ads you create or upload to the DSP need to meet the following rules:
- Technical specifications. These rules will be automatically updated and delivered within the DSP account dashboard.
- Publisher’s rules and regulations. These rules determine characteristics of advertising that publishers consider acceptable for their inventory. These guidelines may be modified from time to time. In case if you are not sure whether your ad meets the publisher’s recommendations, please contact your account manager or TTG’s ad operation team. This may prevent possible account suspension, fines or other undesirable consequences.
- Policy regulations and requirements. The content of policies is valid not only for ads you submit to the DSP but also to the landing webpage that ad links to. Please, keep track of possible changes and updates on the creative and advertising policy page.
9. Liability
The ads you make, upload, and serve using the DSP are stricly your responsibility. Any loss, damage or harm that they may cause to others is also a matter of your personal concern. By using the DSP you confirm that you are eligible to deliver digital advertising on behalf of the advertiser. In the event your campaigns and/or ads affect the operation of any related party, we confim that we are allowed to transfer your contact info to this party for further proceedings. For the avoidance of any doubt, TTG is not and will not be liable for the content of your campaigns and/or ads delivered, made, or uploaded by you or any of your affiliates, agents, third-party providers, employees, and/or directors, including but not limited to for direct or indirect, foreseeable and/or non-foreseeable damages caused by or resulting from the inappropriateness and/or unlawfulness of the content of the ads provided. TTG disclaims any and all liability and responsibility for the aforementioned matters.
10. Ad quality approval
Every ad and or creative you upload to the DSP needs to get approved by TTG’s ad operation team before you are allowed to start running the it on the DSP. TTG uses traffic safety and creative scanning providers that monitor the traffic and prevent advertising fraud of any kind or other malicious content. Please refer also to our Advertising and Creative Policy page for additional information.
11. Buying
The DSP allows you to bid per impression. This means that when you make a bid, a programmatic auction engine makes a bid to purchase the publisher’s ad space currently auctioned. The publisher may select any offer and present the creative to the end user. This process final and cannot be reversed.
You may produce reports in the DSP dashboard to show all purchases made by your campaigns during the usage of the DSP. Statistics and analytics presented within the DSP are a trustworthy source of information and will prevail in relevance over all other outer sources of statistics.
12. Taxation
It is your responsibility to pay the taxes, tariffs, and duties that are related to the use of the DSP.
13. Indemnity
You agree to indemnify and hold TTG, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
This Agreement constitutes the entire agreement between TTG and you with respect to the DSP, and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
14. Intellectual Property
License to the Creatives and Ads. TTG needs the right to process your ad on the platform in order to execute advertising campaigns on your behalf and deliver to publishers.
When using the DSP services you hereby confirm and agree to:
- Provide to TTG and its vendors, a non-exclusive, royalty-free right to apply, deliver, publish, distribute, adapt, reproduce and transfigure the ad units exclusively for the purposes of which the platform is intended to be used, plus,
- The same rights you provide to TTG and its vendors to aggregate, use and transform the data accompanying your ads. This also applies to your name, logo, which can be used on each of their respective web sources and promo materials.
- Grant to TTG rights to display ads through their services, and that by doing so you don’t violate or infringe any terms and conditions of this agreement or any other agreement or personal or corporate rights.
- The logos, images, domains of TTG and any related trademarks are owned by TTG. Unless otherwise explicitely approved by TTG, you may now copy or reuse them without TTG’s explicit written concent.
15. Limitation Of Liability
Under no circumstances are we liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the site or the service, whether the damages arise from use or misuse of the site or the service, from inability to use the site or the service, or the interruption, suspension, modification, alteration, or termination of the site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the service or any links on the site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.
16. Service disclaimer
The DSP licensed under this Agreement is tested regularly by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these cases, please report the issue to our support@timetogrow.io and we will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The DSP is especially designed to let prospective buyers and advertisers test the Service before they make a purchase. This is why a bug found in DSP will not lead to a refund.
17. Marketplace Pricing, Confidentiality And Bidding
All pricing information is confidential and may not be shared with any other party besides TTG, except as expressly permitted by TTG or otherwise required by law. TTG reserves the right to terminate all Service participation if there is a breach of confidentiality for pricing or other confidential auction-related information.
The highest bid may not always win an auction, such as when a buyer, seller, or TTG specifies requirements on bidding terms, or specifies exclusions regarding who may buy its inventory. The DSP allows for transactions in real time, and bids and offers may compete simultaneously against multiple other bids and offers. TTG makes no guarantee regarding the level of impressions of ads, the timing of delivery of such impressions or the amount of any resulting payment to be made.
All the information you derive from the DSP, including information about publishers, websites, agreement conditions, etc., you should keep confidential and do not disclose or share it for any purpose.
Privacy Policies. In order to find out how we collect, process, and store personal information, please visit our Privacy Policy page. By using our platform you agree to these terms.
18. General conditions
Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Delaware without reference to conflict of law principles. Jurisdiction and venue for all disputes hereunder shall be in New York City, and the parties hereby agree to such jurisdiction and venue.
Account Suspention and/or Termination. We may, without notice to you, suspend your Service or remove any materials transmitted via the DSP if we discover facts that lead us to reasonably believe the DSP is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
You acknowledge that your use of the DSP is conditioned upon your compliance with these Terms and any use of the DSP in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the TTG’s copyrights in and to the DSP. TTG reserves the right to terminate your access to the DSP without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
You acknowledge that we may delete your account for any reason, and if we delete your account as provided in these Terms (for example because of your violation of our creative policy), you will lose all funds in your account, whether they were provided to you gratuitously, or due to a payment of cash or the performance of service, and in such event, the TTG shall have no obligation to make any refund to you.
No assignment. The rights and obligations that you are responsible for under this agreement can't be transferred without obtaining prior consent from TTG. TTG may transfer its rights and obligations under this agreement at any time without providing you with prior notification. When such an assignment is executed, TTG is released from all assigned obligations and the assignee starts to handle these obligations instead.
Validity. In case any provision of this agreement is regarded as invalid or unenforceable it is considered to be severable and will not affect other provisions of this agreement.
Force Majeure. TTG will not be liable to You under any circumstances for any damage or losses that You incur due to circumstances beyond our control legally referred to as Force Majeure including, but not limited to, pursuant to any action taken by any government or regulatory body, legal authority, technical delays, technological malfunction, loss of data and records or destruction of hardware. TTG will not be liable to You for any such extraordinary events known as Force Majeure which may occur that We could not foresee or otherwise prevent.
Subpoenas. In the state of emergency TTG may be subpoenaed by governmental entities. In such a case, if it's required to provide information about your account, TTG will do this according to subpoena requirements. TTG shall not be responsible for providing you with information about subpoena or warning you what kind of information is being disclosed in this regard.
Notices. Any notice which is required can be provided by TTG shall be done by sending a personal email to the account indicated in your personal account. The notice is regarded as received once a confirmation is sent to your email (apart from cases when we receive a notification about the undelivered message).
Modifications to this Agreement. TTG may change or modify the conditions of this agreement from time to time. It is your responsibility to keep track of these changes as they are made.
Jury trial waiver. The parties agree that any dispute araises from this Agreement may be complicated issues. The parties agree that the court proceeding which is caused by this controversy must be handled in the competent jurisdiction court by a judge accompanied by no jury.