Terms & Conditions of Service

Effective Date: January 22, 2026
Last Updated: January 22, 2026

1. Acceptance of Terms

By accessing or using Gaiamobi's services, you ("User," "you," or "your") agree to be bound by these Terms, our Privacy Policy, Advertising Guidelines, and all applicable laws and regulations. If you do not agree, you must not use our services.

Binding Agreement: These Terms constitute a legally binding agreement between you and Gaiamobi Ltd. ("Gaiamobi," "we," "us," or "our").

2. Definitions

• "Platform": The Gaiamobi website, dashboard, APIs, and all related services
• "Advertiser": A user who purchases advertising inventory through our platform
• "Publisher": A user who provides advertising inventory (website/app space) for monetization
• "Campaign": An advertising campaign created and managed through our platform
• "Inventory": Ad placement opportunities provided by Publishers
• "Content": Ad creatives, landing pages, website content, and all materials
• "Services": All platform features, tools, support, and functionality we provide

3. Eligibility and Account Registration

3.1 Eligibility Requirements

You must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable laws
• Represent a legitimate business (for business accounts)
• Not have been previously banned or suspended from our platform

3.2 Account Information

• You must provide accurate, current, and complete information
• You are responsible for maintaining account security and confidentiality
• You must promptly update any changes to your information
• One person or entity may maintain only one account (unless authorized by us)
• Account credentials are non-transferable and may not be shared

3.3 Account Security

• You are solely responsible for all activity under your account
• You must immediately notify us of any unauthorized access or security breach
• We recommend enabling two-factor authentication (2FA)
• We are not liable for losses resulting from unauthorized account use

3.4 Verification

We reserve the right to verify your identity and business information through:

• Document verification (ID, business registration)
• Phone or email verification
• Payment method verification
• Third-party verification services
• Additional information requests as needed

4. Services Description

Gaiamobi provides a programmatic advertising platform that:

• Connects Advertisers with Publishers for ad placement
• Offers campaign creation, management, and optimization tools
• Provides real-time reporting and analytics
• Enables targeting, bidding, and budget management
• Integrates with third-party advertising platforms (Google, Facebook, Microsoft, TikTok)
• Offers API access for automation and integration

5. Advertiser Terms

5.1 Advertiser Responsibilities

As an Advertiser, you agree to:

• Comply with all applicable advertising laws and regulations
• Follow our Advertising Guidelines and policies
• Provide accurate and non-deceptive ad content
• Ensure landing pages are functional, secure (HTTPS), and match ad content
• Obtain all necessary rights and licenses for ad creative materials
• Not advertise prohibited products or services (see Section 8)
• Respect intellectual property rights of third parties
• Comply with platform policies of Google, Facebook, Microsoft, TikTok when using their inventory

5.2 Campaign Management

• Ad Approval: All ads are subject to review and approval before going live
• Rejection Rights: We reserve the right to reject or remove ads at any time
• Modifications: You may modify campaigns, but changes require re-approval
• Suspension: We may pause or terminate campaigns that violate policies

5.3 Payment Terms for Advertisers

• Pre-Payment: Advertisers must fund accounts before campaigns go live (unless credit terms approved)
• Pricing Models: CPM (Cost Per Mille), CPC (Cost Per Click), CPA (Cost Per Action), CPL (Cost Per Lead)
• Minimum Spend: Starter plan: $500/month; Professional: $2,500/month; Enterprise: custom
• Billing: Charges accrue in real-time; invoices issued monthly
• Payment Methods: Credit card, wire transfer, PayPal (fees may apply)
• Currency: All prices in USD unless otherwise specified
• Taxes: You are responsible for all applicable taxes (VAT, sales tax, etc.)
• Refunds: Prepaid balances are generally non-refundable (except in cases of our error or service failure)
• Failed Payments: Campaigns will be paused if payment fails; account may be suspended

5.4 Performance and Guarantees

• No Guarantees: We do not guarantee specific results, ROI, conversion rates, or traffic volume
• Best Efforts: We use commercially reasonable efforts to deliver campaigns as specified
• Traffic Quality: We implement fraud detection, but cannot guarantee 100% fraud elimination
• Impressions: We count impressions using industry-standard methods; discrepancies may occur

6. Publisher Terms

6.1 Publisher Responsibilities

As a Publisher, you agree to:

• Own or have legal rights to monetize the websites/apps you submit
• Comply with our Publisher Guidelines and quality standards
• Provide accurate traffic statistics and site information
• Not generate artificial or fraudulent traffic (no click fraud, bot traffic, incentivized clicks)
• Not modify, obfuscate, or interfere with ad code
• Place ads only on approved sites and in approved locations
• Maintain site content that complies with our policies
• Not click on your own ads or encourage others to do so
• Ensure compliance with privacy laws (GDPR, CCPA) including cookie consent

6.2 Content Requirements

Publisher sites must:

• Contain original, valuable content
• Comply with copyright and intellectual property laws
• Not host prohibited content (see Section 8)
• Have a functional privacy policy
• Not be primarily ad-focused with little content
• Maintain reasonable ad-to-content ratio

6.3 Payment Terms for Publishers

• Revenue Share: Publishers receive 70% of revenue generated from their inventory
• Payment Schedule: Net 30 (payments made 30 days after month end)
• Minimum Payout: $100 USD
• Payment Methods: Wire transfer, PayPal, Payoneer
• Fees: Payment processing fees may be deducted (varies by method)
• Tax Forms: You must provide required tax documentation (W-9 for US, W-8BEN for non-US)
• Withholding: We may withhold payments if fraud is suspected or under investigation
• Final Payment: Upon account closure, remaining balance paid after 60-day holding period

6.4 Traffic Quality

• Valid Traffic Only: All traffic must be genuine, non-incentivized user engagement
• Fraud Detection: We monitor for invalid traffic; violations result in non-payment and termination
• Adjustments: We may adjust earnings to remove invalid traffic or clicks
• Disputes: Questions about traffic validity must be raised within 30 days

7. Prohibited Uses

You may NOT:

• Use our services for any illegal purpose
• Violate any laws, regulations, or third-party rights
• Engage in fraudulent activity (click fraud, impression fraud, conversion fraud)
• Use bots, scripts, or automation to manipulate metrics
• Attempt to access unauthorized areas of the platform
• Reverse engineer, decompile, or extract source code
• Interfere with platform functionality or security
• Create multiple accounts to circumvent restrictions
• Share account credentials
• Scrape data without authorization
• Use the platform in a way that harms Gaiamobi or other users

8. Prohibited Content

The following content is strictly prohibited on our platform:

8.1 Illegal Content

• Illegal drugs, narcotics, or drug paraphernalia
• Illegal weapons, explosives, or ammunition
• Counterfeit goods or pirated content
• Services that violate laws (illegal gambling, prostitution)
• Content promoting illegal activities

8.2 Harmful Content

• Malware, viruses, or harmful software
• Phishing or scam content
• Misleading or deceptive content
• Hate speech, discrimination, or harassment
• Violence, gore, or cruelty
• Self-harm or dangerous activities

8.3 Adult Content

• Pornography or sexually explicit content
• Adult dating or escort services (unless properly categorized and compliant)
• Content exploiting minors

8.4 Regulated Content

• Tobacco products (restrictions apply)
• Alcohol (age-gated, jurisdiction-compliant only)
• Gambling (licensed operators only, geo-restricted)
• Pharmaceuticals/healthcare (licensed, FDA-approved only)
• Cryptocurrencies (subject to approval and compliance)
• Financial services (licensed, regulatory-compliant only)

8.5 Other Prohibited Content

• Political ads without proper disclaimers (subject to restrictions)
• Unsubstantiated health claims
• Get-rich-quick schemes
• Multi-level marketing (subject to review)
• Payday loans or predatory financial products
• Before-and-after images without disclaimers

Note: These restrictions align with policies of Google Ads, Facebook Ads, Microsoft Advertising, and TikTok Ads to ensure compliance across all advertising channels.

9. Intellectual Property Rights

9.1 Your Content

• You retain ownership of your content (ads, creatives, website content)
• You grant us a license to use, display, and distribute your content for service delivery
• You represent that you have all rights necessary to grant this license
• You are responsible for obtaining consent for use of third-party materials

9.2 Our Property

• Gaiamobi platform, logo, trademarks, and technology are our property
• You may not use our trademarks without written permission
• Data and insights generated by our platform remain our property
• You receive a limited, non-exclusive license to use the platform

9.3 Copyright Infringement

We respect intellectual property rights. If you believe content infringes your copyright, contact:

Email: [email protected]
Subject: DMCA Takedown Request
Include: Identification of copyrighted work, infringing material location, contact information, good faith statement

10. Third-Party Advertising Platforms

10.1 Platform Integration

Our services may integrate with third-party advertising platforms including:

• Google Ads / Google DoubleClick
• Facebook Ads / Meta Audience Network
• Microsoft Advertising (Bing Ads)
• TikTok for Business
• AppNexus / Xandr
• OpenX

10.2 Third-Party Terms

• You must comply with each platform's terms of service and policies
• We are not responsible for third-party platform actions or policy changes
• Your use of integrated platforms is subject to their terms, not just ours
• Third-party platforms may have additional restrictions or requirements

10.3 Policy Compliance

You agree to comply with:

• Google Ads Policies
• Facebook Advertising Policies
• Microsoft Advertising Policies
• TikTok Advertising Policies

11. Data and Privacy

• Our collection and use of data is governed by our Privacy Policy
• You must comply with applicable privacy laws (GDPR, CCPA, etc.)
• Publishers must obtain user consent for cookies where required
• Advertisers must have privacy policies on landing pages
• You may not collect children's data (under 13 in US, under 16 in EU)
• Sensitive personal data collection requires explicit consent and compliance

12. Service Level and Availability

• Uptime: We target 99.9% uptime but do not guarantee it
• Maintenance: Scheduled maintenance will be announced in advance
• Service Changes: We may modify, suspend, or discontinue features at any time
• No Warranty: Services provided "as is" without warranties of any kind
• Platform Access: We reserve the right to deny access for violations

13. Termination

13.1 Termination by You

• You may close your account at any time through account settings
• Publishers: Final payment after 60-day holding period
• Advertisers: Remaining balance may be refunded (minus fees) or donated if under $50
• Some obligations survive termination (payment obligations, confidentiality)

13.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Fraudulent activity or suspicious behavior
• Non-payment or payment disputes
• Legal compliance requirements
• Inactivity (after notice)
• Any reason with or without notice (at our discretion)

13.3 Effect of Termination

• Access to platform immediately revoked
• Active campaigns stopped
• Data may be deleted after retention period
• Payment obligations remain enforceable
• You must cease using our trademarks and materials

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• GAIAMOBI IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM
• FOR PUBLISHERS, LIABILITY LIMITED TO AMOUNT OWED FOR THAT MONTH
• WE ARE NOT LIABLE FOR THIRD-PARTY ACTIONS, PLATFORM FAILURES, OR FORCE MAJEURE EVENTS
• SOME JURISDICTIONS DO NOT ALLOW LIABILITY LIMITATIONS; THESE MAY NOT APPLY TO YOU

15. Indemnification

You agree to indemnify, defend, and hold harmless Gaiamobi, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your content or campaigns
• Your use of the platform
• Infringement of intellectual property rights
• Fraud or misrepresentation

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, contact us at [email protected] to resolve disputes informally.

16.2 Arbitration (US Users)

Disputes will be resolved through binding arbitration rather than court, except:

• Small claims court (under $10,000)
• Intellectual property disputes
• Injunctive relief requests

Arbitration conducted under American Arbitration Association (AAA) rules in Los Angeles, California.

16.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or representative proceeding.

16.4 Governing Law

• US Users: California law (excluding conflicts of law principles)
• EU Users: Laws of your country of residence
• Other Users: California law

17. Changes to Terms

We may modify these Terms at any time. Changes will be effective:

• Immediately upon posting for minor changes
• 30 days after notice for material changes

Notice provided via:

• Email to registered address
• In-platform notification
• Website banner

Continued use after changes constitutes acceptance. If you disagree, you must stop using the services.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.3 No Waiver

Failure to enforce any right does not constitute a waiver of that right.

18.4 Assignment

You may not assign these Terms. We may assign them without notice.

18.5 Force Majeure

We are not liable for failures due to circumstances beyond our control (natural disasters, wars, pandemics, government actions).

18.6 Survival

Provisions that by nature should survive termination will survive (payment, indemnification, limitation of liability, confidentiality).

19. Contact Information

Gaiamobi Ltd.
Legal Department
Email: [email protected]
Phone: +1 (818) 658-1999
Address: 123 Digital Avenue, Los Angeles, CA 90001, USA

For Questions About These Terms:
Email: [email protected]