Publisher Terms of Service
The Matomy Mobile Advertising Network provided by Matomy Media Ltd. (“Service”), owned and operated by Matomy Media Ltd. and its affiliated companies under the name Mobfox (“Matomy”), is provided to you (“Member”, “Publisher”) under the Terms and Conditions of this Publisher Service Agreement (“Terms”) together with the Mobfox Publisher Guidelines and Mobfox SDK Minimum Privacy Terms, and any amendments thereto and any operating rules or policies (collectively: the “Agreement”). Matomy reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If this Terms and/or any modification to this Agreement is unacceptable to Member, Member’s only recourse will be to terminate this agreement as set forth herein. Member’s continued participation with the Service following Matomy’s posting of a new Agreement on Matomy’s site will constitute a binding acceptance of the change.
1.1 By accepting the Terms of the Agreement, the Member:
(a) Represents and warrants that Member is of at least 18 years of age;
(b) Agrees to provide accurate, current and complete information about Member as prompted by the Account Registration Form;
(c) Agrees to maintain and update this information to keep it accurate, current and complete;
If any information provided by Member is inaccurate, not current or incomplete, Matomy has the right to terminate Member’s account.
1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE “REGISTER” BUTTON, MEMBER AGREES TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGES THE ESTABLISHMENT OF AN ACCOUNT ON BEHALF OF SUCH MEMBER (THE “ACCOUNT”).
2. DESCRIPTION OF SERVICE
Matomy shall provide you with access to the tracking and reporting tools. Tracking details regarding visitor transactions may not be available on a
real-time basis for all Advertisers and there may be reporting delays regarding transactions for certain Advertisers.
2.1 Editorial Review – Without derogating from any other provision in this Agreement, Matomy reserves the right, without any obligation herein, to review each mobile application or website individually, and has the right, to edit, refuse, reject or remove the Publisher’s mobile application/website from the Services at any time and for any reason.
2.2 Technical Support – Members may receive technical help and resolve billing inquiries by contacting Matomy Support via e mail (as written below). Should Member become dissatisfied with the Service in any way, Member’s shall immediately contact Matomy support by emailing directly to the relevant email address written below.
2.3 USE OF THE SERVICE SUBMISSIONS
By submitting material or web page listings to the Service (including
information regarding the listing) you are irrevocably granting Matomy, its
licensees, and any entities in the Service, the right to use all parts of
the material without limitation including, but not limited to, modifying it
or using it commercially and authorizing others to do so.
3. MEMBER REPRESENTATIONS
Member represents and warrants that:
(a) Member is the legal owner of the URL or any other digital media source
(“Digital Media”) specified in his Advertiser Account, an employee of the
legal owner of the Digital Media, or has obtained express written
permission from the legal owner of the Digital Media in connection with the
use of the Service with the aforementioned domain. Without derogating from
any other provision in this Agreement, Member expressly agrees to indemnify
Matomy from any claims, losses, damages, including by any third party,
arising from or in connection with the use of the Advertiser Service with
the specified Digital Media.
(b) Member is the owner or is licensed to use the entire contents and
subject matter contained in the mobile application / website and/or any
creative such as image, text, programming code, graphic content or any
combination thereof (“Creative”);
(c) Member will fully comply with the Mobfox Publisher Guidelines attached
hereto as Schedule A (“Mobfox Publisher Guidelines”) and incorporated by
(q) Member will include the Mobfox SDK Minimum Privacy Terms (“Minimum
Privacy Terms”), or substantially similar terms, as part of its end user
and incorporated by reference hereto.
4. MATOMY REPORT
During the Services, Member will be granted access and may view the online
reports relating to its activity within the Matomy Media Group reporting
system (the “Report”), which during the relevant month are only estimated
non-final numbers that may be changed or adjusted by Matomy until 15 days
after the end of the relevant month. At the end of the month the reports
will be frozen and within 15 days will include the definitive numbers of
earnings as maybe adjusted as aforesaid. Member agrees that Matomy stats
will be final and binding in every case and serve as the sole basis for the
calculation of Member’s payments.
5. PUBLISHER PAYMENT
5.1 Matomy shall credit the Publisher’s account with a payout for each
action made by a visitor through the Publisher’s mobile application /
website (“Transaction”) on the basis of the agreed payout rate under the
applicable ad program. Matomy shall pay to the Publisher by Pay Pal or wire
any amounts due to Publisher, approximately 30 days after the end of the
month, regardless of whether payment has been collected from the
Advertiser. Publisher shall pay all applicable fees, taxes, commissions or
the like in connection with such payment.
Matomy may, at Matomy’s sole discretion, apply an estimated amount of
payouts if: (i) the Publisher is referring visitors to Advertiser as
verified by clicks through links to Advertiser with Matomy’s Report, (ii)
in the case of an error in Advertiser’s transmission of the Report data to
Matomy, and (iii) in an instance in which Matomy is able to utilize a
historical analysis of the Publisher promotion of Advertiser in order to
determine an equitable amount of estimated payouts.
Processing fees will be deducted from Publisher commission balance. If
Publisher does not earn the minimum amount in a month, the balance will be
carried forward until such time as the minimum amount is earned or until
this Agreement is terminated. The Publisher acknowledges that the minimum
amount may vary based upon the applicable currency being used and that the
binding minimum amount shall be the amount listed in Matomy’s system as may
be updated from time to time. Publishers are responsible for ensuring that
their bank details, address and Pay Pal e-mail address are correct in their
Matomy Account details in order to receive payment.
Notwithstanding the aforesaid, Matomy reserves the right to reclassify any
Transactions and reduce any payments due to Publisher because of any
claims, demands, offsets or the like made by Advertisers for invalid
events, technical errors, tracking discrepancies or similar events that
produce invalid results, even if the applicable Transaction was originally
approved. Matomy shall compile, calculate and electronically deliver to
Publisher the relevant data required to determine Publisher’s billing and
compensation. The Publisher acknowledges that payments are based on the
Report and hereby waives any claim and/or demand towards Matomy as a result
of discrepancy between the Report and any other similar tracking system.
In Addition and without derogating from any other right under this
Agreement, Advertiser or Matomy may apply a debit to the Publisher’s
account in circumstances of: (i) duplicate entry or other clear error; (ii)
non-bona fide transactions; (iii) non-receipt of payment from, or refund of
payment to the visitor by the Advertiser; or (iv) Publisher failure to
comply with Advertiser’s program terms or other agreement with Advertiser
(“Chargeback”). Chargebacks may be applied to the Publisher’s Account at
any time, including previous payment cycles within 3 (three) months from
such Chargeback event.
5.2 Matomy reserves the right to change payment dates and amounts, at any
time, with or without prior notification to member, which may be posted on
the Service website, in Member’s Service account, or emailed to Members.
6. CLICK FRAUD
All ad campaigns are monitored for fraudulent and/or otherwise
non-compliant activity by Matomy. Publisher accounts believed to be
responsible for fraudulent or non-compliant clicks will be automatically
restricted from use of their Publisher area, and investigated for click
fraud. Any revenue believed to be generated by fraudulent or non-compliant
clicks will be refunded to the Advertiser in good faith. CLICKING ON YOUR
OWN AD SPACE COUNTS AS CLICK FRAUD AND WILL RESULT IN AUTOMATIC
TERMINATION. Matomy reserves the right to reject any or all requests for
investigation of assumed click fraud or other non-compliant clicks by any
Member at its sole discretion.
7. TERMINATION OF SERVICE
7.1 Termination by Matomy:
Matomy may terminate the Service with or without cause at any time,
effective immediately and without prior notice. Matomy may terminate a
Member via written or email notice as necessary at Matomy’s sole
discretion. Matomy shall not be liable to Member or any third party for
Termination of Service.
7.2 Termination by a Member:
Publisher may terminate this Agreement upon 48 hours prior written notice to Matomy via email.
Upon termination of the Service, by Matomy or by a Member, Member’s right to use the Service instantly ceases. Member shall have no right, and Matomy shall have no obligation thereafter, to forward any information associated with Member’s Account. Any amount(s) paid for the month in which Member cancel, and/or any fee(s) for any month expired before Member termination, is non-refundable.
7.3 TERMINATION FOR ILLEGAL OR OTHER ACTIVITY
Matomy may, but has no duty to, immediately terminate Member and remove it from the Service servers if, in its sole discretion, Matomy concludes that Member is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Matomy or which are not permitted under this Agreement or others. Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure.
7.4 WAIVER: Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
7.5 DELETION OF INFORMATION: Upon termination, Matomy reserves the right to delete from its servers any and all information contained in Member’s Account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.
7.6 SURVIVAL: The following Sections shall survive any termination of this Agreement: 7, 8, 11, 13 and 15.
8. EXCLUSION OF WARRANTIES
8.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MEMBER EXPRESSLY UNDERSTAND AND AGREES THAT MEMBER USE OF THE SERVICE IS AT MEMBER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES.
8.2 IN PARTICULAR, MATOMY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO MEMBER THAT:
(A) MEMBER USE OF THE SERVICE WILL MEET MEMBER’S REQUIREMENTS,
(B) MEMBER USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY MEMBER AS A RESULT OF MEMBER USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO MEMBER AS PART OF THE SERVICE WILL BE CORRECTED.
8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER AND/OR THIRD PARTY COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM MATOMY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.5 MATOMY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT MATOMY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO MEMBER AND/OR TO ANY THIRD PARTY FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY MEMBER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(A) ANY RELIANCE PLACED BY MEMBER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN MEMBER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS THROUGH THE SERVICE;
(B) ANY CHANGES WHICH MATOMY MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH MEMBER’S
USE OF THE SERVICE;
(D) MEMBER’S FAILURE TO PROVIDE MATOMY WITH ACCURATE ACCOUNT INFORMATION;
(E) MEMBER’S FAILURE TO KEEP HIS PASSWORD OR ACCOUNT DETAILS SECURE AND
9.2 THE LIMITATIONS ON MATOMY’S LIABILITY TO MEMBER IN PARAGRAPH 8.1 ABOVE
SHALL APPLY WHETHER OR NOT MATOMY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN
AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9.3 MATOMY’S LIABILITY TO MEMBER OR ANY THIRD PARTY IN ANY AND ALL
CIRCUMSTANCE SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS
ACTUALLY MADE BY MEMBER TO THE SERVICE OVER THE 3 MONTHS PERIOD PRIOR TO
THE CLAIM. THIS LIMITATION OF LIABILITY IS APPLICABLE TO THE FULLEST EXTENT
PERMITTED UNDER THE APPLICABLE LAW.
Member hereby agrees to indemnify, defend and hold harmless Matomy and its
officers, directors, agents, publishers and employees from and against all
claims, actions, liabilities, losses, expenses, damages, and costs
(including, without limitation, reasonable attorneys’ fees) that may at any
time be incurred by any of them by reason of any claims, suits or
proceedings (a) for libel, defamation, violation of right of privacy or
publicity, copyright infringement, trademark infringement or other
infringement of any third party right, fraud, false advertising,
misrepresentation, product liability or violation of any law, statute,
ordinance, rule or regulation throughout the world in connection with the
mobile application / website; (b) arising out of any breach by Member of
any duty, representation or warranty under any this Agreement; or (c)
relating to a contaminated file, worm, virus, spyware, malware, adware, or
trojan-horse or the like originating from Member’s mobile application /
10. COPYRIGHT AND TRADEMARK POLICIES:
Matomy reserves the right to: (i) respond to notices of alleged copyright
infringement that comply with applicable international intellectual
property law and (ii) terminate the accounts of repeat infringers,
including disclosure of relevant Member information when required and
Member agrees and acknowledges that any such disclosure is hereby permitted
and shall not be deemed to violate any other term in this Agreement.
11.1 Some of the mobile websites/applications are supported by advertising
revenue and may display advertisements and promotions. These advertisements
may be targeted to the content of information stored on the mobile
websites/applications, queries made through the mobile
websites/applications or other information.
11.2 The manner, mode and extent of advertising by the Service on the
mobile websites/applications are subject to change without specific notice
12. OTHER CONTENT:
12.1 The mobile websites may include hyperlinks to other mobile websites or
content or resources. Matomy may have no control over any mobile websites
or resources which are provided by companies or persons other than Matomy.
12.2 Member acknowledges and agrees that Matomy is not responsible for the
availability of any such external sites or resources, and does not endorse
any advertising, products or other materials on or available from such
mobile websites/applications or resources.
12.3 Without derogating from Sections 7-8 above, Member acknowledges and
agrees that Matomy is not liable for any loss or damage which may be
incurred by Member as a result of the availability of those external sites
or resources, or as a result of any reliance placed by Member on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such mobile websites/applications or
13. CHANGES TO THE TERMS:
13.1 Matomy may make changes to the Service at any time. When these changes
are made, Matomy will make a new copy of the Agreement available at
http://www.mobfox.com, and be made available to Member from within, or
through, the Service.
13.2 Member understands and agrees that if Member use the Service after the
date on which the Agreement has changed, Matomy will treat Member’s use as
acceptance of the updated Agreement.
Member or Matomy may provide the other with information that is
confidential and proprietary to that party or a third party, as is
designated by the disclosing party (“Confidential Information”). The
receiving party agrees to make commercially reasonable efforts, but in no
case less effort than it uses to protect its own Confidential Information,
to maintain the confidentiality of and to protect any proprietary interests
of the disclosing party. Confidential Information shall not include: (i)
information that is or becomes part of the public domain through no act or
omission of the receiving party, or (ii) is lawfully received by the
receiving party from a third party without restriction on use or disclosure
and without breach of this Agreement or any other agreement without
knowledge by the receiving party of any breach of fiduciary duty, or (iii)
that the receiving party had in its possession prior to the date of this
Agreement, or (iv) is disclosed pursuant to the order or requirement of a
court, stock exchange, administrative agency, or other governmental body.
Member agrees that Matomy may provide Member’s basic details Account and
Member’s email to the publisher/advertiser or any third party.
15. NON- SOLICITATION
During the Term of this Agreement and for a period of one (1) years
hereafter, Member shall not knowingly solicit, directly or through third
party, any advertiser/publisher that is obtained through the Services
provided by Matomy under this Agreement, and Member shall not encourage any
such advertiser/publisher to transfer from the Services. Without prejudice
to any other right of Matomy according to this Agreement and the applicable
law, in the event Member directly solicit or cause to be transferred any
advertiser/publisher, Member shall pay Matomy what Matomy would have
otherwise earned if Member had not violated this provision.
16. GENERAL TERMS:
16.1 Sometimes when Member use the Service, Member may (as a result of, or
through Member use of the Service) use a service or download a piece of
software, or purchase goods, which are provided by another person or
company. Member’s use of these other services, software or goods may be
subject to separate terms between Member and the company or person
concerned. If so, the Agreement does not affect Member’s legal relationship
with these other companies or individuals.
16.2 The Agreement constitutes the whole legal agreement between Member and
Matomy and governs Member’s use of the Service (however excluding any
services which Matomy may provide to Member under a separate written
agreement), and completely replace any prior agreements between Member and
Matomy in relation to the Service.
16.3 Matomy shall be entitled to freely assign any of its rights and
obligations in connection with this Agreement or any subsequent business
activity to any of its subsidiaries and/or affiliated companies.
16.4 Member agree that Matomy may provide Member with notices, including
those regarding changes to the Agreement, by email, regular mail, or
postings on the Service.
16.5 Member agree that if Matomy does not exercise or enforce any legal
right or remedy which is contained in the Agreement (or which Matomy has
the benefit of under any applicable law), this will not be taken to be a
formal waiver of Matomy rights and that those rights or remedies will still
be available to Matomy.
16.6 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of the Agreement is invalid, then that provision
will be removed from the Agreement without affecting the rest of the Terms.
The remaining provisions of the Agreement will continue to be valid and
16.7 Member acknowledge and agree that each member of the group of
companies of which Matomy is the parent shall be third party beneficiaries
to the Agreement and that such other companies shall be entitled to
directly enforce, and rely upon, any provision of the Agreement which
confers a benefit on (or rights in favor of) them. Other than this, no
other person or company shall be third party beneficiaries to the
16.8 Member and Matomy are independent contractors, and nothing in this
Agreement will create any joint venture, agency, franchise, sales
representative, or employment relationship between the parties. Member has
no authority to make or accept any offers or representations on behalf of
Matomy. Member will not make any statement, on its website or otherwise,
that reasonably would contradict anything in this section.
16.9 Member confirms and agrees that Matomy and its subsidiaries may use
the information Member provides that it collects for any legal purpose,
including but not limited to, advertising, promotion and other sales and
marketing purposes (“Promotional Communications”). Matomy and its
subsidiaries may also share certain information with third-party
following URL: http://www.matomy.com/global-privacy-policy/ , as amended from time to time, and incorporated by reference hereto
forming an integral part hereof. Member may opt-out from receiving
Promotional Communications at any time, by following the instructions at
the end of the applicable e-mail message or e-mail us at: firstname.lastname@example.org. Member agrees
and undertakes to fill and complete any consents which may require to give
effect to Member’s consent as set forth above.
16.10 This Agreement, and your relationship with Matomy under the Terms,
shall be solely and finally settled as follows:
(A) US Residents: Disputes with US residents shall be governed by and be
construed according to the laws of the State of California, without regard
to the conflict of laws provisions thereto. Any dispute arising under or in
relation to this Agreement shall be exclusively resolved in the competent
court in the county of Los-Angeles, California. EACH PARTY HEREBY
IRREVOCABLY WAIVES, TO THE FULLEST LAWFUL EXTENT, ALL RIGHT TO TRIAL BY
JURY IN ANY PROCEEDING RELATING TO THIS AGREEMENT, THE NOTES OR THE
TRANSACTIONS THEY CONTEMPLATE.
(B) EU Residents: This Agreement shall be exclusively governed by the laws
of England and Wales, without reference to conflict of laws principles.
Without derogating from the Matomy’s right to seek injunctive relief in any
jurisdiction it may deem proper, both parties agree that all disputes
between the parties in connection with or arising out of the existence,
validity, construction, performance and termination of this Agreement (or
any terms thereof), which the parties are unable to amicably resolve
between themselves within 30 days, shall be referred to arbitration in
London in accordance with the Rules of Conciliation and Arbitration of the
International Chamber of Commerce by one arbitrator appointed in accordance
with the said rules. Said arbitration shall be conducted in English and the
arbitrator shall be obligated to reason his/her decisions.
(C) Chinese Residents: Disputes with Chinese residents shall be exclusively
settled by arbitration in accordance with the UNCITRAL Arbitration Rules as
at present in force and as may be amended by the rest of this clause. The
appointing authority shall be Hong Kong International Arbitration Centre.
The place of arbitration shall be in Hong Kong at Hong Kong International
Arbitration Centre (HKIAC) by one arbitrator in English. Any such
arbitration shall be administered by HKIAC in accordance with HKIAC
Procedures for Arbitration in force at the date of this contract including
such additions to the UNCITRAL Arbitration Rules as are therein contained.
(D) All other Jurisdictions: Disputes with Customers which are not
residents of the US or EU, shall be governed by and be construed according
to the laws of the State of Israel, without regard to the conflict of laws
provisions thereto. Any dispute arising under or in relation to this
Agreement shall be exclusively resolved in the competent court of Tel-Aviv.
17. CONTACT DETAILS
If you have any questions regarding the Agreement, please contact us:
Matomy Media Ltd.
6 Hanechoshet St.
Tel Aviv, 6971070
Mobfox Publishers Guidelines
Thank you for joining the Mobfox Mobile Monetization and Mediation Platform
(“Mobfox“). We, Matomy Group (“Matomy”),
own and operate Mobfox. Matomy is committed to a lawful and ethical
service, pursuant to sound industry standards and practices.
To ensure the quality of our services, we have created the following
Publisher Guidelines. Compliance with our guidelines will demonstrate your
commitment to provide services while maintaining the highest standards of
professionalism, integrity and fairness.
You hereby commit to fully comply with the following guidelines.
In these guidelines –
“You” includes your employees, contractors, partners,
affiliates, agents and any other person who acts on your behalf.
“Laws” include all applicable laws, rules, regulations,
ordinances, judgments, decrees, orders or other governmental mandatory
1.1. You represent that you are the legal owner or in control of the
application, software, web-based service and any related offerings,
including any advertising, sponsored or promoted content, and other
third-party originated content, which is embedded, displayed, performed or
otherwise made available on or through your application, software, or
web-based service (together: the “Offering“).
2.1. You may not operate your Offering in a manner that constitutes or
encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate applicable Laws, including laws and
regulations governing privacy, mass email, spam, export control, consumer
protection, unfair competition and false advertising.
2.2. You may not engage in activities which constitute, or are likely to
constitute unfair or deceptive trade practices.
2.3. Your Offering will not include, promote, or distribute prohibited
material, including without limitation: (i) pornography, or sexually
explicit content; (ii) hate speech or discriminatory content; (iii) content
promoting criminal activities; (iv) Racial, ethnic, political,
hate-mongering or otherwise objectionable content; (v) spyware, malware,
viruses, worms, Trojan horses, or any other computer code, files or
programs designed to interrupt, hijack, destroy or limit the functionality
of any computer software, hardware, network or telecommunications
equipment; (vi) content that infringes or violates the rights of others,
including copyright, trademark, trade secret, patent, privacy and publicity
rights; (vii) defamatory, libelous, obscene, offensive or harmful content,
(viii) materials targeted at or designed to appeal to children under the
age of 13, or to any other age under the applicable Laws; (ix) the unlawful
sale or advertisement of Alcohol, Tobacco, Prescription Drugs and Weapons;
(x) unlawful gaming, gambling, draws and betting, (xi) any other content
that violates applicable Laws.
2.4. Your Offering will not induce end users to install a software code,
application or component by intentionally misrepresenting that it is
necessary to secure the end user’s device, data, or other software or
applications, or that it is necessary for the functionality of the device
or any feature or software included therein.
3. Platforms and Service Providers
3.1. You will fully comply with any terms, rules, guidelines and
instructions, by IOS, Android and any other applicable mobile platform or
terms are defined hereunder. You will also abide by the applicable terms
and policies of your service providers.
3.3. Without limiting the aforesaid, you may not operate your Offering in a
manner that will be deemed, or encourages activity that will be deemed as
fraudulent, misleading, threatening, harassing, anti-competitive,
misleading, libelous, defamatory, obscene, pornographic, profane or
3.4. You will not provide end users and any other third party inaccurate or
false statements about the source, ownership, purpose, functionality or
features of the Offering and any third-party content included therein.
4. Transparency. Terms of Service
4.1. You will engage your end users with full transparency and disclose to
them: (i) Your full name and contact details, and of any other person or
entity that provides the Offering; (ii) the terms and conditions, or
license agreement (“Offering Terms“) that govern the end
users’ use of the Offering; (iii) all details about the effect of
installing the Offering on the end user’s device, and any changes in the
settings of the device as a result thereof.
4.2. You will make the Offering Terms easily accessible to end users, prior
to the installation process of the Offering, in the course of the
installation, and through the Offering.
4.3. You will clearly and conspicuously disclose to end users’ – and where
required under the applicable Laws– receive the end users’ appropriate
consent and permission, to the Offering’s access to and use of any features
of the end users’ devices, including, without limitation, (i) any access to
the device features, such as the camera or speaker; (ii) any changes in the
settings, preferences, functionality or display of the device’s operating
system, browser and other applications; (iii) Any code installations,
disablement, interference, impairment or uninstallation. Notwithstanding,
you may make changes to the device settings if: (i) the end users
reasonably expect these changes in connection with the installation and use
of the Offering; or, (ii) the end user provided the appropriate consent
under the applicable Laws to the changes; or (iii) the changes are
technical and minor by their nature and do not interfere, violate or
infringe end users’ rights.
5.1. If you collect, use, transmit, store, or process in any other or
additional manner end users’ personally identifiable information (“PII”),
you will provide your end users clear and detailed notices and policy
necessary measures, practices and procedures, in compliance with all
to the installation process of the Offering, in the course of the
installation, and through the Offering.
5.3. Where required under the applicable Laws, you will receive end users’
5.4. You will include the Mobfox SDK Minimum Terms, attached hereto in
5.5. You will maintain full compliance with guidelines for protecting the
privacy of end users, as issued by or for the iOS, Android, and any other
applicable mobile platform.
5.6. You will not intentionally use the Offering to collect any information
about an end user who is under the age of 13 years old, or any other
children-related age-threshold under the applicable Law.
5.7. If your Offering is directed to children under 13 years old, or under
any other age-threshold pursuant to the applicable Law, or if you have
actual knowledge that you are collecting personal information from children
under that abovementioned age, you will maintain full compliance with
relevant Laws, including – if applicable – the US Children Online Privacy
Protection Act (COPPA), and the provisions applicable to the protection of
a child’s data under Regulation (EU) 2016/679 of the European Parliament
and of the Council (GDPR). Without limiting the aforesaid, you will provide
all necessary notices and receive all necessary consents, including
verifiable parental consent, as required under the applicable Law, to the
Mobfox use of personal information. See further details in Schedule A to
these guidelines (the Mobfox SDK Minimum Terms).
6. Distinguishing Ads from other Content
6.1. You will clearly and conspicuously distinguish ads displayed on your
Offering from the Offering’s content and features;
6.2. Where required under the applicable Law, you will include all
necessary advertising notices in or next to the ads.
6.3. You will follow all applicable Laws related to the display of ads.
7.1. You must provide your end users with a clear and accessible option to
easily uninstall the Offering. Upon uninstallation of the Offering you will
completely terminate your access to the end user’s device.
8. Traffic Generation
8.1. You will not generate or try to gain traffic or installations of your
Offering by using any fraudulent activity, including without limitation by:
(i) creating fictitious traffic of your Offering; (ii) installing or
uninstalling any application, software or code on an end user’s device,
without appropriate consent; (iii) causing or providing incentives to other
persons to increase traffic, revenue, impressions, or clicks, or to use
automated measures to generate traffic, impressions or clicks; (iv)
engaging in any other misleading, deceptive or other illegal activity
9. Matomy’s Rights
9.1. You will not violate, breach, infringe or misappropriate the rights of
Matomy, and its employees, contractors, partners, affiliates, agents and
any other person who acts on Matomy’s behalf, including intellectual
property rights of any kind, privacy and publicity rights.
You will indemnify Matomy and its employees, directors, contractors,
partners, affiliates, agents and any other person who acts on Matomy’s
behalf, and hold them harmless from and against any loss, damage and
expenses incurred as a result of, or in connection with your breach of
Mobfox SDK Minimum Privacy Terms
A publisher will embed the following Mobfox SDK Minimum Privacy Terms in
the publisher’s privacy notice to end users.
We may share your personal information with Matomy Group (Matomy), a
leading digital performance-based advertising group. Matomy puts great
efforts in making sure that your personal information is safe and used
Matomy collects personal information from mobile applications and devices,
subject to permission, such as your gender, age, location and other
attributes. Further collected data includes your device attributes (such as
model, make, device agent details, device ID) and traffic/session
information, including session durations, IP address and additional
activity information. Matomy may use additional users’ statistical
analysis-driven data, such as your age group, areas of interest and general
Matomy uses this information to analyze trends, understand users’
activities and gather demographic information to enable, manage and develop
its interest-based ads related services, and share data with affiliates and
Matomy retains your information in accordance with Matomy’s legitimate
business purposes for processing the information. Thereafter the data is
removed, archived for restricted legitimate interests, or anonymized.
Non-identifying information may be kept without time and use limitations.
In both iOS and Android devices you may signal your wish to opt out of
receiving interest-base ads via your device settings.
At any time, you may contact Matomy’s Privacy Team: email@example.com with
any question or complaint about the use of your data, or with a request to
exercise your rights under the applicable law, including, to the extent
applicable, your rights of access, rectification, portability, erasure,
restriction of processing, objection to processing, profiling and automated
processing. Matomy may need to ask you to provide certain credentials to
verify your identity.
The above terms describe the essentials of Matomy’s privacy practices for
mobile applications and devices. For further information on how Matomy uses
http://www.matomy.com/global-privacy-policy/, as amended from time to time.