Effective Date: February 6, 2026 · Last Updated: February 6, 2026
These Terms of Service ("Terms") form a legally binding agreement between you and Adware ("Adware," "we," "us," or "our"). These Terms govern your access to and use of: (a) adware.live and any subdomains, pages, and content that link to these Terms (the "Site"), and (b) Adware's services, including (i) managed advertising / paid media services and related professional services ("Agency Services"), and (ii) AdTrack, our advertising attribution, analytics, and tracking software and related APIs, scripts/pixels, dashboards, and integrations ("AdTrack" or the "Software").
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Site or Services.
These Terms incorporate by reference: (a) our Privacy Policy (posted on the Site) and (b) any Order Form, Statement of Work ("SOW"), or insertion order we mutually execute (collectively, "Orders").
If there is a conflict, the order of precedence is: (1) the applicable Order (including SOW), (2) any executed data processing addendum, (3) these Terms, and (4) policies referenced on the Site.
We may update these Terms from time to time for legal, technical, or business reasons. If we make material changes, we will take reasonable steps to notify you (for example, by email or in-product notice). Continued use of the Services after the effective date of an update constitutes acceptance.
You must be at least 18 years old (or the age of majority where you live) to use the Services. The Services are not designed for use by children and are not intended for websites or products directed to children.
Account registration may be required to access certain features. You agree to provide accurate information and keep it current.
You are responsible for safeguarding usernames, passwords, and API keys, restricting access to authorized personnel, and all activities conducted under your Account(s). Notify us promptly of any suspected unauthorized access.
If you create or administer accounts for others, you are responsible for permissions, user provisioning, and deprovisioning. We may assume that instructions from an Account administrator are authorized.
Agency Services may include strategy, campaign planning, account structure, budgeting recommendations, creative guidance and coordination, execution and optimization, and reporting. The specific scope (deliverables, cadence, channels) will be defined in the applicable Order or SOW.
AdTrack is a software tool intended to help attribute performance across channels by collecting event/conversion signals and producing reporting and analytics. You may need to deploy scripts/tags/pixels, configure server-side endpoints, or connect integrations as part of implementation.
The Services may interoperate with third-party tools (including Ad Platforms, CRMs, payment processors, and analytics providers). Those third parties are independent, and their terms govern your relationship with them. We do not control third-party downtime, policy decisions, or account enforcement actions.
If you purchase paid Services, you may be required to sign an Order specifying scope, fees, billing cadence, term, and any onboarding/setup.
You agree to pay the fees in the applicable Order. Unless otherwise stated: (a) fees are non-refundable, (b) fees do not include taxes (you are responsible for applicable taxes), and (c) late payments may result in suspension.
Ad Spend is separate from Adware fees. Unless your Order expressly states otherwise, you are responsible for funding Ad Platform accounts and paying Ad Platforms directly. Adware is not responsible for Ad Platform billing errors, chargebacks, or platform credits.
Trials, credits, and promotions (if offered) are subject to the terms disclosed at the time of offer. We may modify or discontinue trials at any time to prevent abuse.
You may not use the Services to create, promote, or optimize deceptive, fraudulent, illegal, or harmful advertising.
For Adware's own business operations (Site, sales/marketing, billing), Adware acts as a data controller. For End-User Data processed through AdTrack on your behalf, you typically act as the controller and Adware acts as a processor/service provider.
You are responsible for providing legally compliant privacy notices on Your Sites and for obtaining consent where required for cookies, pixels, server-side tracking, and similar technologies.
Unless expressly agreed in writing, do not upload or send to Adware Sensitive Personal Information beyond what is necessary for advertising attribution/analytics. AdTrack is not designed to process Protected Health Information under HIPAA unless we execute a Business Associate Agreement and expressly enable a HIPAA-appropriate configuration.
The Services (including AdTrack, code, design, templates, dashboards, and documentation) are owned by Adware or our licensors and are protected by intellectual property laws. Except as expressly allowed, you may not copy, modify, distribute, reverse engineer, or create derivative works.
Subject to these Terms and your Order, Adware grants you a limited, non-exclusive, non-transferable license to access and use AdTrack during your subscription term for your internal business purposes.
You retain ownership of Customer Data you provide. You grant Adware a worldwide, royalty-free license to host, process, transmit, and use Customer Data solely to provide, maintain, secure, and improve the Services.
If you provide Feedback, you grant Adware the right to use it without restriction or compensation, including to improve the Services.
Each party may receive the other party's confidential information ("Confidential Information"). Each party will use Confidential Information only to perform under these Terms and applicable Orders, and will protect it with reasonable care.
Confidentiality obligations do not apply to information that is public, independently developed without use of Confidential Information, or rightfully obtained without restriction.
You may not use the Services to conduct unlawful activity, fraud, or deceptive marketing; interfere with or disrupt the Services; attempt unauthorized access; upload malware; reverse engineer; circumvent usage limits; or violate third-party rights or platform policies.
We may suspend or terminate access for suspected violations.
We may suspend access immediately if we reasonably believe your use creates a security risk, violates these Terms, violates applicable law or platform policies, or suspension is required by law or a governmental request.
You may terminate according to your Order. Termination does not relieve you of payment obligations accrued prior to termination.
Upon termination, your license ends, access may be disabled, and we will handle data return/deletion consistent with the Privacy Policy, any executed data processing terms, and applicable law.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ATTRIBUTION RESULTS WILL BE PERFECT OR COMPLETE, OR THAT CAMPAIGNS WILL ACHIEVE ANY PARTICULAR PERFORMANCE OUTCOME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADWARE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS/REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION.
ADWARE'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID (OR PAYABLE) BY YOU TO ADWARE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the fullest extent permitted.
You will indemnify, defend, and hold harmless Adware and its affiliates, officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your advertising content/claims, creatives, landing pages, and products/services; (b) your breach of these Terms or applicable law; (c) your failure to obtain required consents or provide required notices; (d) your violation of third-party rights or Ad Platform terms; or (e) your Customer Data or Your Sites.
PLEASE READ CAREFULLY. This section affects your rights.
Unless prohibited by applicable law, you and Adware agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, and not in a class, consolidated, or representative action.
Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access/security issues.
For End-User Data processed via AdTrack, Customer is the "controller" (or "business") and Adware is the "processor" (or "service provider/contractor"), processing data only as permitted to provide the Services and as instructed by Customer.
Adware will: (a) process personal data only on Customer's documented instructions; (b) maintain confidentiality obligations for personnel; (c) implement reasonable security measures; (d) notify Customer of a personal data breach without undue delay after becoming aware; (e) assist Customer with data subject requests to the extent legally required and technically feasible; and (f) delete or return personal data at the end of Services upon Customer request.
Customer authorizes Adware to use subprocessors for hosting, support, analytics, and related functions. Adware will require subprocessors to protect data with obligations substantially similar to this Addendum. A current list may be provided upon request.
Where required, Adware will rely on valid transfer mechanisms such as Standard Contractual Clauses or equivalent safeguards.