1. The agreement
These Terms of Service ("Terms") form a binding agreement between you (the "Publisher", "you", "your") and the operator of AdX MCM ("we", "us", "our") and govern your access to and use of the AdX MCM platform, marketing website, APIs, and any related services (collectively, the "Service").
By creating an account, signing in, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
2. Eligibility and authority
- You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.
- If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and references to "you" include both you personally and that entity.
- You must not use the Service if you are barred from doing so under any applicable law, or if your account has previously been suspended or terminated by us.
3. The Service
AdX MCM provides the following:
- An analytics dashboard for Google Ad Manager ("GAM") reporting metrics such as impressions, clicks, revenue, CTR, and eCPM.
- Inventory management for websites, sub-domains, mobile apps, and ad units, with publisher / admin role separation.
- Payout tracking, in-app notifications, and operational tools for ad-ops teams.
We may improve, modify, or discontinue features at any time. For material changes that affect existing accounts we will use reasonable efforts to provide advance notice via in-app notification or email to your account address.
4. Accounts and account security
Account information
You agree to provide true, accurate, current, and complete information when you register, and to keep that information up to date. We may suspend or terminate accounts where information is materially inaccurate or misleading.
Credentials
You are responsible for safeguarding your password and any device used to access the Service, and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access.
Roles
The Service distinguishes between "publisher" and "super admin" roles. Admin actions (such as recording payouts, sending broadcast notifications, or changing platform settings) are restricted to authorised admin accounts and are audit-logged.
5. Acceptable use
You agree not to, and not to permit any third party to:
- Reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law.
- Probe, scan, test, or attempt to bypass the security or authentication mechanisms of the Service, our network, or any third-party service we connect to (including Google Ad Manager).
- Use the Service to send spam, malicious code, automated scraping bots, fake or inflated traffic, or any content that is unlawful, infringing, defamatory, or otherwise harmful.
- Resell, sublicense, or share access to the Service with third parties outside the scope of your account.
- Use the Service to violate Google Ad Manager's policies or any other applicable third-party platform terms.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein, or attempt to gain unauthorised access to other users' accounts.
Violation of this section may result in immediate suspension or termination under section 10.
6. Publisher data and Google Ad Manager
You retain ownership of the inventory data, account information, payout details, and other content you provide to the Service ("Publisher Data"). By using the Service you grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display your Publisher Data solely as necessary to operate, secure, and improve the Service for you.
When you connect a Google Ad Manager network, you authorise us to call the GAM API on your behalf to fetch reporting and inventory data. You are responsible for ensuring that you have all necessary rights and consents to grant that access, and for complying with the Google Ad Manager terms applicable to your network. We exchange data with Google solely to provide the Service to you and do not sell that data.
7. Fees, taxes, and payouts
The Service is currently offered free of charge. We reserve the right to introduce paid features or plans in the future, in which case we will give you advance notice and an opportunity to accept or stop using the affected features before any charges apply.
Where the Service is used to record or track payouts to you, payouts are subject to your acceptance of the publisher payout terms displayed in your account settings, to accurate bank/payment information you provide, to applicable minimum payout thresholds, and to deductions for taxes that we are legally required to withhold.
8. Intellectual property
The Service, including all software, design, layout, text, graphics, logos, and the AdX MCM name and brand (collectively, "Service IP") is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely as permitted by these Terms.
You may not remove, obscure, or alter any proprietary notices, copy or mirror the Service, create derivative works, or use our brand or marks without our prior written consent. All rights not expressly granted are reserved.
If you submit feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback to improve the Service, with no obligation of compensation or attribution.
9. Confidentiality
Each party may receive non-public business or technical information of the other in connection with the Service ("Confidential Information"). Each party will use the other's Confidential Information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information (and in any event no less than reasonable care). This obligation does not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, or is independently developed without reference to the disclosing party's information.
10. Suspension and termination
By you
You may stop using the Service and request account deletion at any time by contacting us at [email protected].
By us
We may suspend or terminate your access (in whole or in part), with or without notice, if:
- You materially breach these Terms or our Privacy Policy.
- We reasonably believe your use of the Service exposes us, other users, or the Service to legal, security, or reputational risk.
- We are required to do so by law, court order, or instructions from a regulator.
- You attempt to commit fraud, abuse, or any of the prohibited acts in section 5.
Effect of termination
On termination your right to access the Service ends immediately. Provisions that by their nature should survive (including sections on intellectual property, confidentiality, disclaimers, liability, indemnification, and governing law) will survive. We may retain logs and other records to the extent required by law or for legitimate operational purposes.
11. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties including merchantability, fitness for a particular purpose, accuracy, reliability, uninterrupted availability, and non-infringement.
We do not warrant that reporting figures returned by Google Ad Manager will be free of error, that the Service will meet your specific business requirements, or that use of the Service will produce any particular financial outcome. Third-party services (including GAM) are governed by their own terms and we are not responsible for their acts or omissions.
12. Limitation of liability
To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Service or these Terms — whether in contract, tort (including negligence), or otherwise — will not exceed the greater of (a) the total fees you have paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) ten thousand Indian Rupees (INR 10,000). Because the Service is currently offered free of charge, this means our liability is capped at INR 10,000 unless and until you are on a paid plan.
Nothing in these Terms limits liability that cannot be limited under applicable law (such as for fraud or wilful misconduct).
13. Indemnification
You will defend, indemnify, and hold harmless AdX MCM, our affiliates, and our respective officers, employees, and agents from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising from or related to (a) your breach of these Terms, (b) your Publisher Data or your use of the Service, (c) your violation of any law or any third-party right (including any Google Ad Manager terms), or (d) any claim by your end users or another third party relating to your business.
14. Force majeure
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, government action, labour disputes, internet or power failures, third-party platform outages (including outages of Google Ad Manager or our hosting providers), or pandemics. The affected party will use reasonable efforts to resume performance as soon as practicable.
15. Governing law and dispute resolution
These Terms are governed by the laws of India, without regard to its conflict of laws rules. Before initiating any formal proceedings, the parties will attempt in good faith to resolve any dispute by sending written notice to [email protected] and discussing the matter for at least thirty (30) days.
Any dispute that is not resolved through good-faith negotiation will be referred to and finally resolved by arbitration in Bengaluru, Karnataka, India, by a sole arbitrator under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration will be conducted in English, the seat will be Bengaluru, and the award will be final and binding. Subject to the foregoing, the courts at Bengaluru will have exclusive jurisdiction over any interim or injunctive relief.
16. Changes to these terms
We may update these Terms from time to time to reflect changes in the Service, in our business, or in applicable law. When we do, we will update the effective date at the top of this page. If a change is material, we will provide additional notice (for example, via in-app notification or email). Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.
17. Miscellaneous
- Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
- Waiver. Our failure to enforce any right under these Terms is not a waiver of that right.
- Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- Entire agreement. These Terms (together with the Privacy Policy and any in-product agreements you accept) constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on the same subject matter.
- Electronic notices. You agree that we may provide notices to you via email, in-app notification, or by posting on our website, and that such notices satisfy any legal requirement that they be in writing.
- Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.
18. Contact us
Questions about these Terms can be sent to [email protected] or via our contact form.