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Ad Quality Terms and Conditions before February 15, 2024

  1. Our Services
    1. ironSource Mobile Ltd., an Israeli company, (“us“, “we” or “ironSource“) has developed a proprietary online platform which includes SDK modules (the “Platform” and “Modules“, respectively) in order to allow you to analyze and optimize mobile applications (the “Application”), as set forth in Section 2 below.
    2. These Terms of Use (“Terms of Use”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you“) and ironSource and sets forth the terms and conditions governing your access to, and use of ironSource’s Services, including without limitation the Platform, the Modules, related applications (collectively, the “Services“). Please read these Terms of Use carefully before using the Services. By using any of the Services in any manner, you confirm that you have read, understand, accept and agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Services.
    3. The use of the Services is subject to the specific “Insertion Order” or “IO” mutually agreed between the parties that incorporates these Terms of Use and contains specific instructions regarding the Services provided herein.
    4. Subject to your compliance with these Terms of Use, ironSource grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services. You may not use the Services except as expressly set forth in these Terms of Use.
    5. The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity”). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Platform and/or other Services.
    6. We reserve the right to modify, discontinue or terminate the Services or any part thereof, or to modify these Terms of Use at any time, and without prior notice to you. If we modify these Terms of Use, we will update the Terms of Use on our website and in addition, should the update be material, provide you with notice pertaining to such update. Please note that it is your responsibility to review the Terms of Use from time-to-time to check for updates. When the Terms of Use are updated, we will also update the date at the top of these Terms of Use accordingly. By continuing to use the Services and access or use the Platform following any update, you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services and Platform.
    7. All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form.
  1. The Platform and the Modules
    1. The Platform is a cloud hosted software application that collects data from the Application as well as third party services used or integrated by the Application, to allow you to view and analyze this data in aggregation as well as user-identified manners.
    2. The Modules are software components that are integrated by you in your Application and enable the collection of user interaction data for analysis by the Platform. The Modules will be considered as an integral part of the Platform herein.
  1. Your responsibility for your End User Data
    1. You will comply with all applicable rules, including data protection and privacy laws and rules applicable to the personal information of the End Users that is being accessed, collected, used and/or shared by you. You shall post in the Application a privacy policy that abides by all applicable rules, laws, acts and regulations and that provides legally adequate disclosure to its End Users about: (i) any information relating to End Users that will be provided or is otherwise accessible to ironSource in connection with the Services, as set forth in the ironSource Privacy Policy as available on ironSource’s website  and (ii) to the extent applicable, in a conspicuous manner, in accordance with a mechanism in which an End User may opt-out of receiving targeted ads based on the End User’s behavior and interests. You hereby confirm that you have read and understood the ironSource Privacy Policy, and that nothing therein is contrary to your privacy policy.
    2. You must notify ironSource in writing (and, if available through the Account, indicate and flag in the Account) regarding any Application(s) directed to children under the age of 13 under the U.S. Children’s Online Privacy Protection Act and its implementing regulations (collectively, “COPPA”) and any other Application(s) that you believe to be subject to COPPA or to other child protection privacy laws, including the California Consumer Privacy Act and the EU General Data Protection Regulation 2016/679 (“GDPR”), in accordance to the age set forth in such legislation applicable to the End User (collectively, “Child Protection Laws”). You must fully comply with any instructions, and/or documentation provided to you by ironSource in connection with implementation, and the use of the Services. You represent and warrant, and shall be exclusively responsible for ensuring, that ironSource will not receive and it and any third party on its behalf will not make available to ironSource any data that may be regarded as “special categories of personal data” under the GDPR, including to the extent that the use by an End-User of the Application may provide an indication about such End-User that can be considered a “special category of personal data” under the GDPR.
    3. You agree to be bound by, and to comply with the terms and conditions of the Data Protection Addendum, as set forth in: https://developers.ironsrc.com/ironsource-mobile/air/publisher-terms-conditions/.
    4. Notwithstanding the foregoing, we may use (i) anonymized and aggregated data derived from the Applications, including ads served in the Applications, to provide the Services and other services provided by ironSource or any of its affiliates, analyzations or to improve our Platform; and (ii) contact details and payment information for entering into and maintaining the business relationship between you and us.
  1. Creating an Account
    1. You are required to create an account in order to use the Services (the “Account”). You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Any registration is solely for you and you may only use one single Account. You may not use the Account of any other entity, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
    2. You are solely responsible and liable for maintaining the security of all passwords and other credentials issued to or created by you and any of your employees or agents in connection with the Services. You are also responsible for any and all activities that occur on, through or under any such credentials or otherwise in connection to your Account and use of the Platform including without limitation, for any content being uploaded in your Account, if applicable.
    3. You agree to immediately notify us of any unauthorized use of any of your Account, passwords or credentials, as well as any other security breach related to your Account. 
  1. Using the Services
    1. When using the Services, you, or any person acting on your behalf, may not (i) copy, modify or create derivative works of the Service or any related technology; (ii) reverse engineer, decompile, disassemble, or interfere with the software that is included in the Services; (iii) transmit or introduce via the Services malware, spyware or any other malicious code or otherwise interfere with the Service; (iv) breach or circumvent any security measure of ironSource or any third party; (v) sublicense, rent, sell, or lease access to the Service or Platform; (vi) use the Services to submit any unsolicited e-mail or comments.
    2. In using the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any intellectual property laws).
    3. To facilitate our compliance with any record keeping obligations we may have in connection with your information, where requested and as applicable to you, you agree to provide such information to us via the user interface of the Services or via such other means as we may provide, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.
    4. We reserve the right to require you to install certain software updates or upgrades in order to continue using the Services.
  1. Intellectual Property
    1. You acknowledge and agree that ironSource retains sole, full and exclusive ownership of all intellectual property rights of any kind related to the Platform, Modules and other Services, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). “ironSource Mobile Ltd.” and other of our trademarks may not be used for any purpose without our prior written approval.
    2. The Services are licensed and not sold. We reserve all rights not expressly granted to you in these Terms of Use. ironSource and its licensors own the copyright and other worldwide Intellectual Property Rights in the Services and all derivatives and copies thereof. No right, title or interests to the Services or any of ironSource’s Intellectual Property Rights are granted except as expressly set forth herein.
    3. You hereby grant to ironSource a non-exclusive license, to use your logo, trademarks and any other materials for marketing purposes and to such extent as necessary to allow ironSource to perform its obligations under these Terms of Use.  You will also be a reference site as needed for future customers of ironSource and will participate in a case study that will include data about UA performance or similar aspect.
  1. Representations and Warranties
    1. You hereby represent and warrant that:
      1. You are at least 16 years old and have the right, power, and Legal Capacity to enter into and perform these Terms of Use, and bind any legal entity which you represent or act for; 
      2. All information in your Account is accurate and correct;
      3. Your use of the Services and your Application will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and including any applicable data protection laws (such as the EU General Data Protection Regulation (GDPR)) as well as with these Terms of Use;
      4. ironSource’s exercise and performance under these Terms of Use will not conflict with or violate any agreement applicable to you or otherwise infringe upon the rights of any third party; 
      5. You will not act in any manner that may have any adverse impact on the goodwill and/or reputation of ironSource;
      6. You or any other third party on your behalf, may not be engaged in a Forbidden Activity. “Forbidden Activity” means (a) encouraging conduct that would be considered a criminal offense or could give rise to civil liability; (b) violation of any applicable rules; (c) violation of any third party terms which are available with or as part of any software and/or product used by you; (d) distribution of any material that contain any software viruses or any other code, file or program designed to interrupt, hijack, destroy or limit the functionality of any mobile device, software, hardware, network or telecommunications equipment; (e) fraudulent activity including but not limited to automated actions generation and non-human traffic, including bots, spyware, phishing, including but not limited to actions taken by users attempting to manipulate ironSource’s ability to control, monitor and render the Services.
      7.  Your mobile service or Application does not:
        1. Contain any defamatory, libelous, obscene, hateful or otherwise offensive or illegal content;
        2. Contain or transmit and virus, worm or other malicious software or code;
        3. Collect or transfer any personal information from End Users except as expressly set forth in a clear and conspicuous privacy policy affirmatively accepted by such End User;
        4. Infringe any third party rights including but not limited to Intellectual Property Rights or moral rights; 
        5. Violate any law, rule or regulation.
      8. You are solely responsible for your mobile service or Application and your mobile service or Application is stable and secure, and complies with all third party service providers’ terms and conditions.
      9. Any information that ironSource processes on your behalf shall not contain information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning an individual’s sex life or sexual orientation and other sensitive categories of information.
  1. Disclaimer, Limitation of Liability
    1. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USING THE SERVICES INCLUDING WITHOUT LIMITATION TO THE SERVICES BEING FREE FROM DEFECT OR ANY VIRUS, WORM, TROJAN HORSE OR ANY OTHER POTENTIALLY MALICIOUS CODE. THE ENTIRE RISK ARISING OUT OF THE USE (OTHER THAN NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS) OR PERFORMANCE OF THE SERVICES, TO THE EXTENT PROVIDED, REMAINS WITH YOU. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. IRONSOURCE DOES NOT WARRANT THAT THE SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, IT IS MADE EXPLICITLY CLEAR THAT IRONSOURCE HAS NO RESPONSIBILITY FOR AND SHALL BEAR NO LIABILITY REGARDING TO THE SERVICES, THEIR USE AND ANY RESULTS YOU WILL OBTAIN THROUGH THE USE OF THE SERVICES.
    2. Without derogating from the above, you hereby acknowledge and agree that in provision of the Services, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDERS.
    3. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THESE TERMS OF USE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.
    4. YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
    5. THE PROVISIONS OF THIS SECTION ‎8 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    6. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE IS TO DISCONTINUE USING THE SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE WILL NOT EXCEED THE CONSIDERATION THAT WE ACTUALLY RECEIVED FOR YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS’ PERIOD PRECEDING SUCH CLAIM.
    7. Other than as expressly stated otherwise in these Terms of Use, you acknowledge that it is your sole responsibility to determine that the Platform meets your business requirements and, to the fullest extent permissible by law and without limitation, we give no warranties that the Platform will be fit for purpose, of satisfactory quality, uninterrupted or error free save where expressly set out in these Terms of Use.
  1. Term and Termination
    1. Unless otherwise expressly provided in the IO the term of your subscription to the Services will commence on the Effective Date (as such term is defined in the IO) and will continue in perpetuity unless terminated as set forth herein (the “Term”). Either party may terminate these Terms of Use upon thirty (30) days’ prior written notice, for any reason. For avoidance of doubt, all fees that are attributable to the Services are non-refundable.
    2. Each party may terminate these Terms of Use immediately, if the other party: (i) breaches any of its obligations, representations and/or warranties herein contained and does not cure such breach within ten (10) days of receiving written notice thereof, or (ii) becomes insolvent or makes any assignment (whether voluntary or involuntary) for the benefit of creditors or, or has any petition under bankruptcy, insolvency or administration law filed against it, which petition is not dismissed within thirty (30) days of such filing, or has a trustee, administrator or receiver appointed for a material portion of its business or assets. If a party becomes subject to any of the foregoing events it will immediately provide the other party with written notification thereof.
    3. Upon the termination of these Terms of Use, for any reason: (i) all rights and licenses granted herein shall terminate immediately and without any need for any further action to be taken by either party; (ii) your right to use the Service and/or any part thereof, will terminate and, you must promptly remove and delete the Module from the Application and systems; (iii) any accrued License Fees or amounts owed to ironSource shall be sue immediately (iii) your access to the Account will be blocked.
    4. ironSource will not be liable to you or any person for the termination of these Terms of Use or termination of your access to the Account. Furthermore, ironSource will have no obligation to maintain any information stored in its data centers related to the Account or to forward any information to you or any person following the termination of these Terms of Use. Following the termination of these Terms of Use or suspension of the Account, you may no longer be able to access any information which is related to the Account.
    5. The following sections will survive the termination of these Terms of Use: Sections 1, 3, 8, 12, 14, 15 and this Section 9.5.
  1. Indemnity
    1. You shall defend, indemnify, and hold harmless ironSource, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to (i) your access, use or misuse of the Services, (ii) your failure to obtain all rights, authorizations or consents from your End User, as further detailed herein, (iii) any claim alleging facts that would constitute a breach of any of your representations, warranties or obligations in these Terms of Use , (iv) any claim relating to any of the content you provided or the Application, (v) any negligent act or willful misconduct by you or any party acting on your behalf. 
    2. At ironSource’s option, you will assume control of the defense and settlement of any claim subject to indemnification by you (provided that, in such event, ironSource may at any time elect to take over control of the defense and settlement of any such claim). In any event, you may not settle any claim without ironSource’s prior written consent.
  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mail to ad-quality@is.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. 

  1. Payment
    1. In order to access the Platform, you are required to pay the License Fees offered to you as agreed in the IO or as agreed otherwise between the Parties in writing. All fees are due and payable either within 30 days of the date of invoice or such other period explicitly agreed by us in writing. Invoices for the License Fee may be issued by ironSource Mobile Ltd. or any of its affiliated companies and shall be binding.
    2. Upon any termination or expiration of these Terms of Use, you will pay without delay, all fees and costs accruing before the termination or expiration date, and any other amounts you owe us under these Terms of Use.
    3. You shall bear all costs (including, without limitation, any collection costs, bank fees, and/or legal fees) related to or resulted from any overdue amount(s).
    4. All overcharges or billing disputes must be reported within 30 days of date of invoice. Failure to do so will mean you have accepted our invoice.
  1. Variations
    1. Subject to Section 13.2, we may revise and amend these Terms of Use from time to time to reflect certain changes, including but not limited to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in the options available in relation to the Platform, changes in relevant laws and regulatory requirements, changes in our capabilities and changes in what we are able to obtain from our contractors and other suppliers.
    2. In addition, we may amend these Terms of Use from time to time to the extent reasonably necessary to comply with any requirement under or change of applicable law or any applicable regulatory requirements affecting rights and/or obligations arising from or connected with these Terms of Use, and after giving to you as much as advance written notice as reasonably possible of such amendment and the date upon which it is to be effective.
    3. In addition, you acknowledge that from time to time during the Term we may apply updates or upgrades to the Platform, and that such updates or upgrades may, subject to Section 13.4, result in changes to the appearance and/or functionality of the Platform.
    4. You shall not be subject to any additional charges arising out of the application of the update or upgrade, save where:
      1. the update or upgrade introduces new functionality to the Platform;
      2. you are given the opportunity whether to accept such new functionality and any additional changes associated with such functionality (after, if applicable, any free trial period) or not; and
      3. any decision by you not to pay the charges for the new functionality will not prejudice your access to and use of the rest of the Platform.
  1. Notices
    1. Any notice under these Terms of Use must be in writing and must be delivered by hand or sent by recorded delivery to the address specified in the IO, or by email to the email address notified by a party for such purposes or to such other address as may have been notified by a party for such purposes.
    2. A notice delivered by hand or by recorded delivery will be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A notice sent by e-mail will be deemed to have been received when sent (or, if despatch is not in business hours, at 9am on the first business day following despatch), unless the sender receives a response to the effect that the e-mail has not been received or the recipient is not available.

General Terms

    1. These Terms of Use do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms of Use.
    2. You may not assign your rights under these Terms of Use, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you.
    3. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
    4. Failure by us to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms of Use.
    5. These Terms of Use will be governed by, construed and enforced in accordance with the laws of the State of Israel, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to these Terms of Use the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with these Terms of Use shall be exclusively settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Israel and shall be conducted in the English Language. The arbitration proceedings shall be conducted on an expedited basis and shall result in an award within no more than 60 days. The arbitration shall be conducted on a confidential basis. The award of the Arbitrator shall be final and binding on the parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain temporary injunctions and equitable relief, or any equivalent temporary remedy, against the other party, in order to restrain the breach of any restrictive covenants pursuant to these Terms of Use. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under these Terms of Use shall be kept confidential to the maximum extent possible.
    6. These Terms of Use constitute the entire understanding between the parties with respect to the matters referred to herein and supersedes and cancels all prior agreements to the subject hereof, if any, between the parties. 

If you have questions regarding our Terms of Use, please contact us at:

ad-quality@is.com

IronSource Mobile Ltd., 121 Menachem Begin Road, Tel Aviv, Israel,

Last updated: July 2021

Effective Date: July 2021

All rights reserved, ironSource Mobile Ltd.