Terms Of Service

Effective From: Jun, 2019
Standard conditions are integral parts of advertising service contracts. A prerequisite for the provision of the below-mentioned services comes customer agreement. Thus, by using our services you automatically agree to these terms of service. Thereafter, you need to thoroughly read through these terms in order to be aware of all obligations bestowed upon you.

1. Service definition

The notion of “service” in this document encompasses all provided services by Pragmaspace which include access to Ubidex white-label RTB platform.

2. Access

Pragmaspace provides you with all necessary platform functions and revocable access to the platform features:     ● traffic arbitrage;     ● taking part in online auctions, finding suitable ad slots, bidding, purchasing and displaying ads on publisher’s inventory;     ● measurement and attribution of the performance results with system analytics;

3. Limitations

When you receive access to the platform, you gain the rights of the user who may apply all available internal functionality at their own discretion. The role of the user doesn’t extend to any of the rights related to patenting, trademarking, or intellectual ownership.
Pragmaspace prohibits using a platform for the purposes that may be qualified as a violation of laws, intellectual property rights, and requirements stated here.
Strictly prohibited: making a copy of the platform or its separate parts, functionality, etc., performing reverse engineering, or trying to fetch the source code or API of the system, creating any derivative products based on the functional parts of the platform.

Pragmaspace reserves the right to update the Standard Terms from time to time at its sole discretion at any time. As well, it applies to all platform modifications, augmentations, change in design, etc.

4. Prohibited activities

The following list that we put here includes but is not limited to activities that are prohibited at our platform. In case you didn’t find your case in the list or have additional questions considering the appropriateness of certain actions, you need to contact representatives of Pragmaspace to clear the issue and receive a permit to execution.
The following actions are strictly prohibited:

     ● Applying an unauthorized credit card for paying commissions or funding your account.     ● Trying to access other Pragmaspace services that don’t belong to the platform without authorization.     ● Advertising of illegal service or products.     ● Taking part in the fraud traffic generation and other actions that can be potentially harmful to the company’s image, or image of its affiliates.     ● Being the part of the entity that spawns malware and dangerous software that can stand in the way of normal user experience in all possible ways.     ● Engaging in actions that cause copyright infringement, patent, trademark, or corporate secrets violation, including publicity or privacy rights.     ● Making licensing or sublicensing, reselling the platform or particular features of it, performing other actions related to commercial exploiting of given services.     ● Applying frame technologies in order to enfold Pragmaspace trademarks, logos and other corporate information (images, text, page forms and layouts).     ● Copying parts of website content and monitoring on-site changes using crawlers, bots, spiders and other computer software.    ● Using scraping techniques or automated software for data gathering with an intent to scrape the ad units served via platform or gathering the information that can be directly or indirectly related to served ad units.    ● Spreading of service-related information retrieved from the platform: in the market research form, competitive intelligence or else.    ● Doing something that can be potentially harmful to Pragmaspace and its partners, servers, technology, and overall operation (e.g denial-of-service attack).

5. Personal account

By entering this agreement your guarantee to Pragmaspace that you’re eligible to do so. If you are creating a personal account on behalf of a different company, you also guarantee to Pragmaspace that: you hold a legal capacity to close this deal on behalf of the company you represent, and binding obligation of any entity that you may represent.

6. Data confirmation

Additional information may be required in case we need to confirm certain data: email ownership or copies of documents that confirm your identity. You entitle Pragmaspace, or a third party entity, to:
● Make any requests in order to validate the data considering your identity or other information in case of necessity, and,● Fetch additional information considering your identity, corporation or other entity you represent in case of necessity.

7. Information update

It is your own responsibility to keep your personal data valid and relevant to Pragmaspace. In case important information or any piece of it is no longer correct, you need to inform Pragmaspace as soon as possible and provide the new, relevant one.

8. Necessary requirements for ads

Since the legal framework is changing the advertising industry, after some time certain regulations here may be substituted with different ones. In this regard, we recommend you regularly review these requirements for ads in order to stay compliant.

All ads you submit to Ubidex White Label RTB platform need to correspond to the following rules:

● Technical specifications. These rules will be automatically updated and delivered to you within Ubidex White Label RTB platform.
● Rules that are valid for the publisher’s website you want to show your ads on. These rules determine the characteristics of advertising that publishers consider acceptable for their inventory. Over a particular time span, they can be modified.
● Policy regulations and requirements. The content of policies is valid not only for ads you submit to Ubidex White Label RTB platform but also to the landing webpage that ad links to.

By using Pragmaspace services continually you accept these rules and applicable regulations in the U.S, CA, UK, the country of your residence, and country where the ads are broadcasted.

9. Advertising liability

The ads you make, upload, and serve using Pragmaspace services are the matter of your responsibility. Thus, any loss or harm that they may cause to others is also a matter of your personal concern. The moment you started using Pragmaspace services, you represented yourself as an eligible party for delivering digital advertising. In case your ads affect the operation of our vendor, we leave ourselves the right to transfer your contact info to this party for further proceedings.

10. Compliance violation

From time to time Pragmaspace will monitor the ads and verify if they meet current submission requirements. It applies to the newly submitted ads and the ads that already running on the platform (those that have been approved before).

This procedure exists solely for the sake of ongoing compliance with eligibility standards. In case we reveal the ads that don’t comply or violate regulations in any possible way, we reserve the right to remove it and suspend/delete your account altogether.

11. Forms of payment

Accepted form of payment - U.S dollars. You are in charge of providing correct and valid information each time you make payments. Please always thoroughly verify and double-check such information as payment sum, credit card number, expiry date, as well as wire information).

Third-party providers are responsible for payment execution between you and Pragmaspace. In this regard, no guarantees can be made considering the time it takes for the funds to be transmitted to your account. For the credit card holders, the funds usually transmitted immediately to the account. For PayPal or wire users processing may take longer (up to a few days).

12. Responsibility for your account

It is your own responsibility to ensure correct information when you access platform services like entering bid prices, criteria, or destination URL. As soon as delivery filters are configured you are solely responsible for the campaign and feeds running.

13. Taxation

It is your responsibility to pay the taxes, tariffs, and duties that are related to the use of Pragmaspace services.

14. Indemnification

By using Pragmaspace services you agree to indemnify Pragmaspace, Pragmaspace representatives, offices, head staff, employees, and consultant specialists from harm or loss that potentially could be caused by your use of Pragmaspace services or by this agreement violation. This also includes losses that may be caused by copyright infringement or intellectual property violation and so on.

15. Intellectual Property

The license for the ad unit. Pragmaspace needs the right to process your ad on the platform in order to execute advertising campaigns on your behalf and deliver to you related services in the short and long-run perspective.

When using Pragmaspace services you automatically agree to:

Provide to Pragmaspace and its vendors, a non-exclusive, royalty-free right to apply, deliver, publish, distribute, adapt, reproduce and transfigure the ad units exclusively for the purposes of which the platform is intended to be used, plus,

The same rights you provide to Pragmaspace and its vendors to aggregate, use and transfigure the data accompanying your ads. This also applies to your name, logo, which can be used on each of their respective web sources and promo materials.

Grant to Pragmaspace legitimate rights to display ads through their services, and that by doing so you don’t trespass any terms and conditions of this agreement or any other agreement or personal/corporate rights.

The logo of Pragmaspace, domain ‘Pragmaspace.com,’ affiliated licensors/vendors, and related trademarks are possessions of Pragmaspace and you can’t copy or reuse them without taking written consent from Pragmaspace. This also applies to Pragmaspace custom graphic elements, icons, page headers, scripts, styling, and/or the same components of its licensors.

This means that listed above items are exclusive belongings of Pragmaspace and its vendors and licensors. These are protected by copyright and intellectual property rights. In order to execute your customer rights, Pragmaspace and its affiliates will have to use your name and trademark (if necessary) for featuring your business on the website or in marketing materials.

16. Damage disclaimer

In connection with the fact that communication channels, protocols, and rendering services are owned by third parties, Pragmaspace as a contractor can not be liable for providing any guarantees. The service is provided ‘as is’ which means problems with connection, interruptions in power are not the fault of Pragmaspace.

As a contractor, Pragmaspace guarantees the prompt application of all possible measures and activities that ensure high-quality and uninterrupted provision of services. Nevertheless, the services are provided “as is” with all probabilities for the interruptions and without any direct or indirect guarantees of stable functioning. Pragmaspace does not guarantee that the platform will meet the requirements or expectations of the customer or, if it meets, that such results will be the same in the future.

Also, Pragmaspace cannot be kept liable for your personal account and possible unauthorized access to it. By using the White Label RTB platform you agree to take the possible risk for its usage. Pragmaspace is not responsible and does not compensate for any losses, including those related to lost business opportunities, profits, and all direct and indirect consequential losses.

17. Service disclaimer

Media-trading outcomes. To the extent permitted by laws, Pragmaspace refuses to provide any guarantees considering levels, positioning, timing and other characteristics of CTR, cost per impression, availability, volumes of impressions, reaction of users on your ads and related to it actions, conversions volume, data relevance, your ad positioning and adjacency to other ads.

Pragmaspace isn’t responsible for the outcome of your advertising campaign in any regards: revenue, engagement, anticipated benefits, etc.

Availability. Interruptions in the service provision are possible due to the necessary maintenance, repair, software update, as well as accidental issues with equipment failure, network attacks and other cases that stay beyond Pragmaspace’ control.

Threats of the Internet. The data is constantly being transmitted through the Internet, which is not a secure environment by default. This may potentially cause some parts of it to go missing. This is why Pragmaspace doesn’t hold any responsibility for the information losses or alteration of it after transmission over the Internet. Nevertheless, Pragmaspace takes all possible privacy measures to keep your information intact according to our Privacy Policies.

Liability boundaries. The outcomes that stem from your inability to access services, that come as a result of the transmission of confidential information via Internet, informational negligence, breaches and other causes of direct or indirect losses, are not subjected to Pragmaspace responsibility or responsibility of its affiliates, agents, third-party providers, employees, and directors.

18. Governing Law

This Agreement shall be governed and interpreted in accordance with the laws of Ukraine without reference to conflict of law principles. Jurisdiction and venue for all disputes hereunder shall be in Kharkov, Ukraine, and the parties hereby agree to such jurisdiction and venue.

General conditions

Account deletion or suspension. Pragmaspace has the right to temporarily suspend the provision of services for technical, administrative or other reasons that impede the provision of services while eliminating such reasons. In this case, Pragmaspace is not obliged to inform you about the reasons that caused account termination or suspension.

Agreement violation. Pragmaspace reserves the right to delete or suspend your account in case you violate or breach this agreement.

Opening new accounts. In case Pragmaspace terminates or suspends your account the execution of it comes immediately. It means that from this moment you will not be able to access services, neither will you be able to create a new account on the platform. If it comes to Pragmaspace attention that you run another account on Pragmaspace platform (information based on personal data, content type, etc.), Pragmaspace may terminate this related account instantly too.

Account suspension effects. If your account has been terminated, you need to instantly delete all downloadables that you derived from Pragmaspace and stop accessing Pragmaspace services.

Confidentiality. All the information you derive from Pragmaspace platform, including information about publishers, website stats, agreement conditions, etc., you should keep confidential and do not disclose or share it for any purpose.

Privacy Policies. In order to find out how we collect, process, and store personal information, please visit our Privacy Policy page. By using our platform you automatically provide Pragmaspace with the agreement to these.

Suggestions. For the sake of service improvement, you may share with Pragmaspace your ideas considering platform improvement and updates that require our attention. However, such suggestions you give voluntarily and out of your own will. This means that such suggestions along with any other ideas and marketing matters are free and Pragmaspace is not obliged to provide you any compensation for them. By sending suggestions to Pragmaspace, you agree for royalty-free, irrevocable, and unrestricted usage of them by Pragmaspace (for free publishing, modification, sublicensing, transmission, and display for commercial purposes).

Joint ventures are prohibited. Please note, your agreement with Pragmaspace doesn’t extend to the joint venture, agency relationship, partnership creation between you and Pragmaspace or its affiliates.

Transferring assignment. The rights and obligations that you are responsible for under this agreement can’t be transferred without obtaining prior consent from Pragmaspace. Pragmaspace can transfer its rights and obligations under this agreement at any time without providing you with prior notification. When such an assignment is executed, Pragmaspace is released from all assigned obligations and the assignee starts to handle these obligations instead.

Validity. In case any provision of this agreement is regarded as invalid or unenforceable it is considered to be severable and will not affect other provisions of this agreement.

Force majeure. As a supplementary part to service disclaimer stated above, Pragmaspace gives no operational guarantees in case of delay caused by force-majeure. To force-majeure can be attributed various events that stay beyond the control of Pragmaspace, such as emergencies (flood, fire, earthquake, terrorism, power failure, etc.), disruptive social events, industrial or labor disputes, and third-party inflicted interruptions.

Subpoenas. In the state of emergency, Pragmaspace like any other entity may be subpoenaed by governmental entities. In such a case, if it’s required to provide information about your account, Pragmaspace will do this according to subpoena requirements. Pragmaspace isn’t responsible for providing you with information about subpoena or warning you what kind of information is being disclosed in this regard.

Notices. Any notice which is required can be provided by Pragmaspace in the following way: posting it in the services, sending a personal email to the account indicated in your personal account, sending the mail to the street address indicated in your personal account. The notice is regarded as received once it was posted at Pragmaspace website or it was sent to your email (apart from cases when we receive a notification about the undelivered message).

Agreement modifications. Pragmaspace retains the rights to change or modify the conditions of this agreement. In regard to this, you need to revise the conditions of this agreement to stay updated because changes reflected on this web page will be valid as soon as they are posted. In case you don’t agree with some of the changes, you must refrain from using services instantly and let us know by sending a notification to Pragmaspace using email: moc.ecapsamgarp%40troppus

Agreement conditions. This agreement with all the changes and future modifications represents the entire agreement set between you and Pragmaspace. It outweighs all agreements that existed before it, with respect to the same subject matter. Neither you nor Pragmaspace sales representative is in power to change the conditions of this agreement

Jury trial waiver. The parties agree and realize that any controversial matters that can be caused by the conditions of this agreement may be complicated issues. In this regard, the court proceeding which is caused by this controversy must be handled in the competent jurisdiction court by a judge accompanied by no jury.

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