1.1. DigiComet operates a real-time bidding technology platform (“Demand Side Platform” or “DSP”) that enables media buyers to bid in real-time for digital advertising space across websites and apps. This platform connects with various online publishers and ad exchanges.
1.2. These General Terms apply whenever a Client uses DigiComet DSP to bid on Ad Inventory for delivering digital advertisements (“Ads”) to a targeted audience.
1.3. These General Terms, along with any signed service agreements (“Special Conditions”) and annexes, together form the full agreement (“Agreement”) between DigiComet and the Client (together referred to as the “Parties”).
(Only key terms shown here; full list in Agreement)
Ads: Digital advertisements shown on websites or apps.
Ad Inventory: Advertising space available via DSP.
Agency: A Client acting on behalf of other advertisers.
Campaign: Advertiser-defined goals and settings for DSP delivery.
DSP: DigiComet’s real-time ad trading technology platform.
Creatives: Media assets (banners, video, etc.) used in ads.
First Party Data: Data collected by the Client using DigiComet tags.
Third Party Data: Data collected by DigiComet to support targeting.
CPA, CPC, CPM: Industry-standard advertising billing models.
3.1. DigiComet provides Clients access to its DSP to run, manage, and optimize ad Campaigns through programmatic auctions.
3.2. Optional third-party measurement tools may be integrated, subject to separate fees.
4.1. Campaigns begin when the Client uploads an Insertion Order (IO) or initiates self-service use of the DSP.
4.2. Clients receive access to real-time dashboards for managing and tracking campaigns. Reports can be downloaded and used for billing purposes.
4.3. DigiComet may assist with campaign setup, targeting, and optimization.
5.1. Monthly invoices are issued at month-end. Prepaid service invoices are issued upon payment receipt.
5.2. Payment terms are 30 days unless otherwise agreed. Unpaid invoices are subject to daily interest and potential debt recovery action.
5.3. Invoices not disputed within 5 days are considered accepted.
5.4. Taxes and VAT are the Client’s responsibility. Withholding taxes must be grossed up by the Client.
6.1. DigiComet may offer spend-based incentives (e.g., bonus credits) per agreed thresholds.
6.2. Incentives may be revoked in case of late payment or breach of terms.
7.1. The Client is fully responsible for the content of Ads and landing pages.
7.2. Ads must not:
Violate laws or IP rights
Promote unlawful, violent, or explicit content
Be misleading or defamatory
8.1. DigiComet owns and controls Third Party Data. Clients may use it solely for DSP targeting.
8.2. Clients collecting First Party Data via DigiComet tools grant DigiComet a royalty-free license to use it for service delivery.
8.3. First Party Data is treated confidentially and only used as needed for DSP operation or as required by law.
9.1. Both Parties act as independent data controllers under applicable Data Protection Laws.
9.2. The Client must:
Comply with IAB standards
Display privacy policies disclosing data collection
Have legal grounds for all user data collected
10.1. DigiComet retains all IP rights in its DSP platform, technologies, and materials.
10.2. Clients are not permitted to copy, reverse-engineer, or misuse DSP components.
11.1. The Client shall defend DigiComet against third-party claims due to:
Ad content violations
Misuse of the DSP
Breach of Agreement
11.2. DigiComet will indemnify Clients for claims that the DSP infringes on third-party IP rights.
12.1. Each Party is responsible for its obligations and damages caused.
12.2. Neither Party is liable for indirect or special damages. Liability is capped at USD 20,000 or three months’ service fees, whichever is less.
12.3. Limitations do not apply to confidentiality breaches or fraud.
13.1. Both Parties agree to keep shared Confidential Information secure.
13.2. Exceptions include: public info, prior knowledge, or legal compulsion.
13.3. Confidentiality obligations last five (5) years after termination.
14.1. Neither Party is liable for delays caused by events beyond their control (e.g., natural disasters, cyberattacks, utility outages).
15.1. DigiComet may terminate immediately in case of material breach.
15.2. Either Party may terminate with 30 days’ notice.
15.3. Inactivity for 12 months triggers automatic termination.
15.4. DigiComet may suspend service due to non-payment or misuse.
16.1. The Agreement is governed by the laws of the Client’s jurisdiction, unless otherwise agreed.
16.2. Disputes will be resolved through negotiation or in courts located in DigiComet’s or Client’s jurisdiction.
17.1. Both Parties may reference each other’s name and logo in marketing and promotional content during the term of this Agreement.
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