Terms Of Use
Last Updated January 01, 2020
Welcome to Niutux (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of our digital advertising services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.
1. Services Provided
We offer digital advertising solutions, including but not limited to:
Campaign creation and management.
Audience targeting and segmentation.
Ad delivery and tracking.
Analytics and performance reporting.
The specific Services provided to you will be detailed in a separate agreement or order form.
2. Eligibility
To use our Services, you must:
Be at least 18 years old or the legal age of majority in your jurisdiction.
Have the authority to enter into this agreement on behalf of your company or organization.
Comply with these Terms and all applicable laws and regulations.
3. Your Responsibilities
As a user of our Services, you agree to:
Provide accurate and complete information when creating an account or submitting content.
Use the Services in compliance with applicable laws, including data protection, intellectual property, and advertising regulations.
Ensure that your advertisements, content, and campaigns do not violate any third-party rights or contain unlawful, offensive, or misleading material.
Obtain all necessary consents, including from end users where required by law (e.g., GDPR, CCPA).
You are solely responsible for the content of your advertisements and the results of your campaigns.
4. Fees and Payment
4.1 Fees: The fees for our Services will be detailed in your agreement or order form. All fees are non-refundable unless otherwise stated.
4.2 Payment Terms: Payments must be made in accordance with the payment schedule specified in your agreement. Late payments may result in suspension or termination of Services.
4.3 Taxes: You are responsible for any taxes associated with your use of the Services, including VAT, sales tax, or other similar taxes.
5. Prohibited Activities
You agree not to:
Use the Services to distribute malicious software, spam, or unlawful content.
Engage in fraudulent activities or manipulate advertising metrics (e.g., click fraud, impression fraud).
Interfere with the operation of our Services or other users’ use of the Services.
Reverse engineer, decompile, or disassemble any part of the Services.
We reserve the right to suspend or terminate your access to the Services if we suspect any prohibited activity.
6. Intellectual Property
6.1 Ownership: We retain all rights, title, and interest in and to the Services, including all related intellectual property.
6.2 License: You grant us a non-exclusive, royalty-free license to use, reproduce, and distribute your advertisements solely for the purpose of delivering the Services.
6.3 Trademarks: Nothing in these Terms grants you any rights to use our trademarks, logos, or branding without our prior written consent.
7. Data and Privacy
7.1 Data Collection: By using our Services, you consent to the collection and processing of data as described in our Privacy Policy.
7.2 Compliance: You agree to comply with all applicable data protection laws, including but not limited to GDPR and CCPA. You are responsible for ensuring that your use of our Services, including any targeting or tracking activities, complies with applicable privacy laws.
7.3 Data Usage: We may aggregate and anonymize data collected through the Services for research, analysis, and improvement purposes.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared in connection with the Services. This obligation does not apply to information that:
Is publicly available without breach of these Terms.
Was known to the receiving party before disclosure.
Is required to be disclosed by law or regulation.
9. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from your use of the Services.
Our total liability for any claims related to the Services is limited to the fees paid by you for the specific Service in question during the six (6) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses (including legal fees) arising from:
Your breach of these Terms.
Your use of the Services.
Your advertisements, content, or campaigns violating any third-party rights or applicable laws.
11. Termination
11.1 Termination by You: You may terminate your use of the Services at any time by providing written notice to us.
11.2 Termination by Us: We may suspend or terminate your access to the Services if you breach these Terms, fail to make payments, or engage in prohibited activities.
11.3 Effect of Termination: Upon termination, you must cease using the Services, and any outstanding payments will become immediately due. We will delete your account data, except as required by law or permitted under our Privacy Policy.
12. Warranties and Disclaimers
12.1 No Warranty: The Services are provided “as is” and “as available” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.2 Performance: We do not guarantee specific results, including ad performance, impressions, clicks, or conversions, as outcomes depend on various factors beyond our control.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will take effect upon posting the updated Terms on our website or notifying you directly. Your continued use of the Services constitutes acceptance of the updated Terms.
14. Governing Law and Dispute Resolution
14.1 Governing Law: These Terms are governed by the laws of [Insert Jurisdiction].
14.2 Dispute Resolution: Any disputes arising out of or related to these Terms will be resolved through negotiation. If negotiation fails, the parties agree to submit to the exclusive jurisdiction of the courts
15. Miscellaneous
15.1 Entire Agreement: These Terms, along with any applicable agreements, constitute the entire agreement between the parties.
15.2 Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, cyberattacks, or governmental actions.
15.3 Severability: If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.
15.4 Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.