1. Agreement and eligibility
These Terms form an agreement between PostoX, Inc and the person or entity accepting them. You must be at least 18, have authority to bind the organization you represent, and provide accurate account information. The Advertiser Terms or Developer Terms also apply according to your role.
2. Accounts
You are responsible for authorized users, credentials, and activity under your account. Keep credentials confidential, use reasonable security, and notify security@postoconnect.com promptly of suspected compromise. Posto may require email, business, app, or payment verification.
3. Service
Posto provides contextual advertising, auction, measurement, attribution, campaign-management, Developer, and related services. Features identified as test, beta, simulation, preview, or non-billable may change and are not covered by service commitments. Posto may improve or modify the service while preserving material contracted functionality.
4. Acceptable use
- Do not violate law, intellectual-property, privacy, publicity, consumer-protection, export, sanctions, or advertising requirements.
- Do not submit malware, evade security, probe without authorization, interfere with availability, scrape protected interfaces, or access another customer's data.
- Do not generate invalid traffic, falsify conversions, manipulate auctions, misrepresent identity, or bypass authentication, device proof, rate limits, or tracking controls.
- Do not submit sensitive personal data, authentication secrets, precise location, payment-card data, or health, crisis, or other prohibited context through an ad-request API.
5. Customer content and licenses
You retain ownership of content you submit. You grant Posto a non-exclusive, worldwide license during the agreement to host, reproduce, transform, transmit, display, and analyze that content only to provide, secure, measure, and improve the service. You represent that you have all rights and notices required for the content and data you submit.
6. Posto materials
Posto and its licensors own the service, software, documentation, marks, models, and aggregated or de-identified platform insights. Subject to these Terms, Posto grants you a limited, non-exclusive, non-transferable right to use the service for internal business purposes. Feedback may be used without restriction or obligation.
7. Fees and taxes
Fees, budgets, revenue shares, payout terms, and taxes are governed by your role terms, order, or account settings. You authorize the payment methods and ledger actions necessary to perform those instructions. Simulation balances and test events have no cash value.
8. Confidentiality
Each party will protect the other's non-public information with reasonable care and use it only to perform the agreement. Confidential information excludes information lawfully public, already known without duty, independently developed, or rightfully received from a third party. Required disclosures must be limited and, when lawful, preceded by notice.
9. Privacy and data
The Privacy Policy applies to Posto's own processing. The Data Processing Addendum applies when Posto processes personal data for a customer. You remain responsible for your own privacy notices, legal basis, consent, and responses to end-user requests.
10. Suspension and termination
Either party may terminate according to an order or role terms. Posto may suspend access reasonably necessary to address security, fraud, legal risk, nonpayment, material breach, or harm to the service, and will provide notice when practicable. Account closure does not erase amounts owed or records that must be retained.
11. Disclaimers
Except for express written commitments, the service is provided 'as is' and 'as available.' To the maximum extent permitted by law, Posto disclaims implied warranties of merchantability, fitness, title, and non-infringement. Posto does not guarantee fill, auction outcomes, reach, revenue, conversions, or uninterrupted third-party services.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenues, goodwill, or data. Except for excluded claims stated in an applicable order, each party's aggregate liability arising from the service is limited to amounts paid or payable to Posto in the 12 months before the event giving rise to liability. These limits do not apply where prohibited by law.
13. Indemnity
You will defend and indemnify Posto and its affiliates from third-party claims arising from your content, app, products, data, unlawful use, breach of these Terms, or violation of another person's rights. Posto will provide prompt notice and reasonable cooperation, and you may control the defense subject to Posto's right to participate.
14. General
Neither party may assign the agreement without consent, except in a merger, reorganization, or sale of substantially all relevant assets. Neither party is liable for events beyond reasonable control. Notices may be electronic. If a provision is unenforceable, the rest remains effective. The agreement is governed by the law and courts of Delaware, United States unless an executed order states otherwise.
15. Contact
Legal notices to Posto must be sent to 131 Continental Drive Suite 305, Newark, DE 19702 and legal@postoconnect.com.