Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ClicksFlyer ("Company," "we," "us," or "our") governing your access to and use of the ClicksFlyer platform, website, and related services (collectively, the "Services").

By registering for an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

ClicksFlyer operates as an intermediary platform connecting advertisers with publishers in the mobile advertising ecosystem. Our Services include:

• Mobile advertising campaign management and optimization tools
• Publisher monetization solutions and ad serving technology
• Analytics, reporting, and performance tracking
• Integration with third-party ad networks and measurement platforms

Service Provider Role: ClicksFlyer acts solely as an intermediary service provider facilitating connections between advertisers and publishers. We do not guarantee any specific results, performance metrics, or outcomes from the use of our Services.

3. Eligibility and Account Registration

To use our Services, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Provide accurate, current, and complete registration information
• Maintain and update your account information as necessary
• Not have been previously suspended or removed from our Services

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Advertiser Terms

4.1 Campaign Requirements

Advertisers must ensure that all advertising content:

• Complies with all applicable laws, regulations, and industry standards
• Does not infringe upon any third-party intellectual property rights
• Is not deceptive, misleading, or fraudulent
• Complies with platform policies of Apple App Store, Google Play, and other distribution channels
• Does not contain prohibited content including but not limited to: illegal products/services, adult content, hate speech, violence, or harmful material

4.2 Payment Terms

Advertisers agree to pay for all advertising services rendered according to the applicable pricing model (CPI, CPA, CPM, etc.). Payment terms, including prepayment requirements and credit limits, are established at account setup and may be modified with notice.

5. Publisher Terms

5.1 Traffic Requirements

Publishers must ensure that all traffic:

• Originates from legitimate, human users
• Is not generated through fraudulent means including bots, click farms, or incentivized installs (unless explicitly approved)
• Complies with all applicable laws and advertising standards
• Does not violate any third-party rights or platform policies

5.2 Revenue Share and Payments

Publisher payments are subject to our payment terms, including minimum thresholds, payment schedules, and verification procedures. We reserve the right to withhold payments pending investigation of suspicious activity or policy violations.

6. Prohibited Activities

Users are strictly prohibited from:

• Engaging in fraud, including ad fraud, click fraud, install fraud, or attribution fraud
• Using bots, scripts, or automated means to generate fake traffic or conversions
• Manipulating or attempting to manipulate our platform or tracking systems
• Violating any applicable laws, regulations, or third-party rights
• Interfering with or disrupting the integrity or performance of our Services
• Attempting to gain unauthorized access to our systems or other users' accounts
• Reselling, sublicensing, or redistributing our Services without authorization
• Using our Services for any illegal or unauthorized purpose

7. Disclaimer of Warranties

ClicksFlyer does not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any specific performance metrics, conversion rates, or revenue will be achieved
• Third-party services, ad networks, or platforms will function as expected

8. Limitation of Liability

In no event shall ClicksFlyer's total aggregate liability exceed the amounts paid by you to ClicksFlyer (or owed to you by ClicksFlyer) during the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless ClicksFlyer, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your advertising content or publisher traffic
• Any claims by third parties related to your use of the Services

10. Third-Party Services and Integrations

Our Services may integrate with or rely upon third-party services, including but not limited to ad networks, measurement partners, attribution providers, and app stores. ClicksFlyer is not responsible for:

• The availability, accuracy, or performance of third-party services
• Any changes to third-party APIs, policies, or terms
• Data discrepancies between our platform and third-party systems
• Any losses arising from third-party service failures or changes

Your use of third-party services is subject to those services' respective terms and privacy policies.

11. Intellectual Property

All intellectual property rights in the Services, including software, technology, designs, trademarks, and content, remain the exclusive property of ClicksFlyer or its licensors. These Terms do not grant you any rights to use ClicksFlyer's trademarks, logos, or brand features without prior written consent.

12. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of data as described in our Privacy Policy.

13. Termination

Either party may terminate this agreement at any time with or without cause. ClicksFlyer reserves the right to immediately suspend or terminate your access to the Services if:

• You violate any provision of these Terms
• We detect fraudulent or suspicious activity
• We are required to do so by law or regulatory authority
• Continuing to provide Services would be impractical or illegal

Upon termination, your right to use the Services immediately ceases. Provisions that by their nature should survive termination shall survive.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the Services or by other means. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ClicksFlyer is incorporated, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and ClicksFlyer regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect.
• Waiver: Failure to enforce any right or provision shall not constitute a waiver.
• Assignment: You may not assign these Terms without our prior written consent.
• Force Majeure: Neither party shall be liable for delays caused by circumstances beyond reasonable control.

17. Contact Information

For questions about these Terms, please contact us:

• Email: legal@clicksflyer.com
• Address: ClicksFlyer Legal Department