Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Adwave Inc. (“we,” “us,” or “our”) governing access to and use of the Waveband platform, websites, APIs, documentation, and related services (collectively, the “Service”).

By creating an account, clicking to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you accept on behalf of a company, you represent that you have authority to bind that company.

Waveband is a demand-side advertising platform that lets customers plan, buy, measure, and report on digital media across supported channels. Features may include campaign trafficking, audience tools, reporting, proposals, client portals, APIs, and optional automation.

We may change, suspend, or discontinue features with reasonable notice when practicable. Beta or preview features are provided as-is and may change or end without notice.

You must provide accurate account information and keep credentials secure. You are responsible for activity under your account, including actions by users you invite and API keys you issue.

You must be able to form a binding contract and must not use the Service if prohibited by applicable law or sanction regimes.

If you brand the Service with your own product name, logos, colors, domains, or skins (“White-Label Use”), you remain a customer of Adwave Inc.. White-Label Use does not change the contracting party, these Terms, or our Privacy Policy.

Your end customers’ commercial relationship for media services (insertion orders, agency agreements, rate cards) is between you and those customers. Those arrangements do not modify these Terms as between you and Adwave Inc..

You must not represent that Adwave Inc. or Waveband is your product in a way that misleads users about who operates the underlying platform, except for ordinary White-Label Use of names and logos you configure in the Service.

Campaign budgets, bids, targeting, and creatives you configure are your instructions. Third-party publishers, exchanges, and data providers may have their own terms; you are responsible for complying with them when you buy or use their inventory or data.

Electronic acceptance of a proposal or media plan inside Waveband (for example, click-to-sign) may create an insertion order between the parties named in that document. Platform Terms govern use of the Service; they are separate from any media insertion order between you and your client.

Fees, media spend, and payment terms are described in your order form, self-serve plan, or invoice. You authorize us (and our payment processors) to charge applicable amounts. Unpaid amounts may result in suspension.

Taxes are your responsibility except for taxes based on our net income. Media spend may be billed separately from platform fees.

You will not misuse the Service: no unlawful, deceptive, or infringing ads or content; no attempts to bypass security, scrape beyond documented APIs, or interfere with other customers; no uploading of malware; and no use that violates advertising, privacy, or consumer-protection laws.

You are responsible for creatives, landing pages, audience data you upload, and claims made in your advertising.

Our collection and use of personal data is described in the Privacy Policy. You must have a lawful basis to upload or process any personal data (including hashed identifiers) through the Service.

You retain rights in your customer content and campaign data. You grant us a license to host, process, and display that content as needed to provide and improve the Service, prevent abuse, and meet legal obligations.

Each party may receive non-public information from the other. The receiving party will use it only for the relationship and protect it with reasonable care, except for information that is public, independently developed, or required to be disclosed by law.

If you give feedback about the Service, we may use it without restriction or obligation.

We and our licensors own the Service, including software, documentation, and brand assets for Waveband and Adwave Inc.. These Terms do not transfer ownership to you. You may not reverse engineer the Service except to the limited extent permitted by law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE uninterrupted operation, specific delivery volumes, or particular campaign results.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Adwave Inc. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM (EXCLUDING MEDIA SPEND PASSED THROUGH TO THIRD PARTIES).

You will defend and indemnify Adwave Inc. and its affiliates against claims arising from your ads, content, audience data, White-Label Use representations to your customers, or your breach of these Terms, to the extent permitted by law.

You may stop using the Service at any time. We may suspend or terminate access for non-payment, material breach, legal risk, or abuse. Upon termination, your right to use the Service ends; provisions that by nature should survive (including fees owed, IP, disclaimers, and liability limits) survive.

We may update these Terms by posting a new version and updating the “Last updated” date. Material changes will be highlighted when practicable. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless a mandatory local law requires otherwise. If a provision is unenforceable, the rest remains in effect. These Terms are the entire agreement regarding the Service and supersede conflicting prior terms, except that a signed enterprise order form may control for commercial terms it expressly covers.

Contact: legal@adwave.com (or the support address listed in the Service).