Terms of Use

"Account" means the workspace, project, organization, dashboard access or other account made available to Customer in the Platform.

"Application" means Customer's mobile application, website, product, service, advertising campaign, digital property or other environment for which the Services are configured.

"Authorized User" means an employee, contractor, agency, consultant or other person authorized by Customer to access the Services under Customer's Account.

"Customer Data" means data, content, credentials, configuration, events, campaign information, partner information, reports, files and other materials submitted to, collected through, imported into, exported from, or otherwise processed through the Services on behalf of Customer. Customer Data includes End User Data, but excludes AdShift Technology and Aggregated Data.

"Developer Tools" means SDKs, APIs, server-to-server interfaces, postback endpoints, tracking or attribution links, scripts, technical documentation, code snippets and similar tools provided or made available by AdShift.

"Documentation" means technical, implementation, help center or support materials made available by AdShift for the Services.

"End User" means an individual who interacts with Customer's Application, advertisement, website, campaign, link or other digital property.

"End User Data" means data relating to End Users that Customer configures the Services to collect, receive, process, analyze or transmit, such as device or browser information, advertising identifiers, IP address or coarse location derived from IP address, app identifiers, install information, click and impression information, in-app events, revenue events, subscription or purchase signals, attribution data, campaign engagement data and similar measurement data.

"Order Form" means an order form, subscription order, statement of work, insertion order, online order or similar document that identifies the Services, commercial terms, subscription term, usage limits, support terms or other deal-specific terms.

"Platform" means the AdShift customer dashboard and related web applications, including account, project, app, campaign, analytics, reporting, integration, export, billing and administrative interfaces.

"Services" means AdShift's mobile measurement, attribution, analytics, fraud protection, deep linking, partner integration, campaign reporting, SKAN configuration, data export and related services ordered by Customer or otherwise made available by AdShift.

"Third-Party Platform" means an advertising network, self-reporting network, analytics provider, app store, data warehouse, cloud storage provider, payment provider or other third-party service with which the Services may integrate.

AdShift provides a B2B mobile measurement and marketing analytics platform designed to help Customers measure campaign performance, analyze app and campaign data, manage selected partner integrations, configure attribution-related tools, create and manage links, protect marketing spend from suspicious activity, and export selected datasets to Customer-controlled destinations.

The Services may include, depending on Customer's plan and configuration:

• analytics dashboards for campaign, app, event, revenue, ad monetization, cohort and SKAN-related reporting;
• partner and self-reporting network integrations, including integrations with platforms such as Google, Meta, TikTok and Apple where enabled by Customer;
• OAuth-based connection of advertising accounts and read-only import of advertising, campaign, cost and performance data where supported;
• attribution links, RightLink management, templates and branded domains;
• postback, server-to-server and partner configuration features;
• SKAN overview and SKAN conversion configuration tools;
• fraud prevention and suspicious traffic reporting features;
• test device and SDK-related setup tools;
• custom dashboards, reports, exports and data delivery to destinations such as BigQuery, Snowflake, S3, Google Cloud Storage and Azure Blob Storage; and
• user, role, project, billing and account administration features.

AdShift may improve, modify, replace or discontinue individual features from time to time, provided that AdShift will not materially reduce the core functionality of paid Services during the applicable subscription term without reasonable notice, unless required for security, legal, platform policy, third-party integration or technical reasons.

Customer is responsible for all activity under its Account and for ensuring that Authorized Users comply with these Terms.

Customer must provide accurate account, company, billing and contact information and keep it current. Login credentials are personal to each Authorized User and may not be shared. Customer must promptly notify AdShift of any suspected unauthorized access, credential compromise or security incident affecting the Account.

Customer is responsible for configuring roles, access rights and app/project permissions in the Platform. AdShift may rely on instructions and actions made through Customer's Account as authorized by Customer.

Customer must use the Services only in accordance with these Terms, the applicable Order Form, Documentation and applicable law.

Customer is responsible for:

• owning or having the necessary rights to the Applications, campaigns, accounts, data, credentials and destinations connected to the Services;
• implementing SDKs, APIs, links, postbacks and integrations correctly and in accordance with Documentation;
• configuring data collection, partner sharing, attribution, SKAN, export, retention and privacy-related settings appropriately for Customer's use case;
• obtaining all rights, consents, notices and lawful bases required to collect, disclose, process and share Customer Data and End User Data through the Services;
• complying with app store rules, advertising network policies, platform terms and partner requirements applicable to Customer;
• ensuring that Customer's privacy notices accurately describe Customer's use of AdShift and any Third-Party Platforms;
• ensuring that Customer Data is accurate, lawful and fit for Customer's intended use; and
• maintaining appropriate security of Customer's own systems, Applications, ad accounts, cloud destinations and devices.

Customer may not:

• reverse engineer, decompile, disassemble or attempt to derive source code or underlying algorithms of the Services or Developer Tools, except to the extent such restriction is prohibited by law;
• copy, modify, sell, rent, lease, sublicense, resell, timeshare or provide the Services to third parties except as expressly permitted in an Order Form;
• use the Services to build, benchmark or train a competing product or service without AdShift's written consent;
• bypass access controls, probe, scan or test the vulnerability of the Services without AdShift's prior written approval;
• interfere with, overload, disrupt or compromise the Services or related systems;
• upload, transmit or store malicious code or unlawful, infringing, fraudulent, harmful or misleading content;
• use the Services in violation of sanctions, export control, anti-corruption, privacy, advertising, consumer protection or other applicable laws; or
• attempt to access data, accounts, projects, systems or networks not intended for Customer.

If Customer uses the Services as an agency, consultant or manager on behalf of another brand, app owner or client, Customer represents that it has authority to act for that third party, access its accounts and data, configure the Services for its Applications, and disclose relevant Customer Data to AdShift and Third-Party Platforms.

Customer remains responsible for its agency clients, managed accounts and other third parties using or benefiting from the Services through Customer's Account. AdShift has no direct obligation to any agency client unless AdShift separately agrees in writing.

As between the parties, Customer retains ownership of Customer Data. Customer grants AdShift the rights necessary to host, receive, collect, use, process, transmit, display, reproduce, transform, aggregate, export and otherwise handle Customer Data solely to provide, secure, maintain, support and improve the Services, comply with law, and exercise AdShift's rights under the agreement.

To the extent Customer Data includes personal data, personal information or similar regulated information, AdShift and Customer will process such data in accordance with the applicable Data Processing Agreement. Unless agreed otherwise in writing, Customer acts as controller/business and AdShift acts as processor/service provider for End User Data processed on Customer's behalf.

Customer acknowledges that AdShift generally does not have a direct relationship with End Users. Customer is responsible for providing End Users with legally required notices and choices and for obtaining legally required consents, permissions or opt-ins before using the Services in a way that collects, accesses, stores, reads, writes, discloses or transmits End User Data.

Customer must ensure that its use of the Services complies with GDPR, ePrivacy rules, the Polish Act on Providing Services by Electronic Means where applicable, CCPA/CPRA and other U.S. state privacy laws where applicable, platform privacy requirements, and other laws applicable to Customer's Applications and End Users.

Customer must not configure the Services to collect, upload, store, transmit or otherwise process the following categories unless AdShift has expressly agreed in writing and the applicable Order Form and DPA permit it:

• precise GPS or other precise location data;
• payment card numbers, bank account numbers, financial account credentials or regulated financial information;
• health, medical, biometric, genetic or insurance information;
• government identifiers, passport numbers, national ID numbers, tax identifiers or social security numbers;
• passwords or authentication secrets of End Users;
• content of private communications;
• special categories of personal data under GDPR Article 9 or equivalent laws;
• information about children or users of child-directed or mixed-audience apps, except where Customer has implemented appropriate controls and obtained all required consents; or
• directly identifying information such as names, postal addresses, email addresses or phone numbers, except where a specific feature expressly supports it and AdShift has approved that use.

If Customer becomes aware that Restricted Data has been submitted to the Services, Customer must promptly notify AdShift and cooperate to delete, isolate or remediate the data.

The Services may allow Customer to connect accounts, import data from, or send data to Third-Party Platforms. Customer controls which integrations are enabled and is responsible for ensuring that each integration is permitted by Customer's agreements with the relevant Third-Party Platform.

Where Customer authorizes an integration, Customer instructs AdShift to access, import, process and, where configured, transmit data between the Services and the relevant Third-Party Platform. Data available through an integration may depend on the permissions granted by Customer, the Third-Party Platform's API, platform policies, data retention rules, availability, rate limits and technical restrictions.

AdShift is not responsible for Third-Party Platforms, their APIs, outages, data accuracy, policy changes, deletion requirements, use of data received from Customer, or Customer's agreements with them. AdShift may suspend or modify an integration if required by a Third-Party Platform, law, security concern, or material technical change.

Customer is responsible for any credentials, OAuth grants, API keys, service account permissions, external IDs, cloud destination permissions or similar access mechanisms provided to AdShift. Customer must revoke or rotate credentials when they are no longer needed or may have been compromised.

Customer must implement Developer Tools in accordance with the Documentation. Customer is responsible for testing implementation before production use and for ensuring that SDKs, APIs, postbacks, attribution links, deep links, branded domains and related configurations operate as intended in Customer's Applications and campaigns.

AdShift may make updates to Developer Tools. Customer should implement updates within a reasonable time, especially where updates relate to security, reliability, platform policy, privacy compliance or compatibility with Third-Party Platforms.

Customer is responsible for content, destinations, parameters, redirects and user experiences configured through links, RightLinks, templates, branded domains, postbacks and similar features. Customer must not use these features for phishing, malware, deceptive redirects, unlawful tracking, infringing content or other harmful activity.

Where Customer configures data exports, Customer is responsible for the destination, credentials, permissions, schema choices, file format, compression, segregation mode, access control and downstream processing of exported data.

AdShift may test destination connectivity and deliver export files or tables according to Customer's configuration and applicable plan limits. Delivery depends on the availability and permissions of Customer's destination and on Third-Party Platform data availability. Customer is responsible for securing exported data after delivery to Customer's destination.

Fees, usage limits, billing frequency, payment terms, taxes and renewal terms are set out in the applicable Order Form or MSA. Unless agreed otherwise, fees are exclusive of VAT and other taxes, and Customer is responsible for all taxes other than taxes based on AdShift's net income.

AdShift may suspend or limit access to the Services for overdue payments after reasonable notice, unless Customer disputes the invoice in good faith before the due date and cooperates to resolve the dispute.

AdShift may offer trials, pilots, free access, previews, beta features or proof-of-concept access. Such features are provided for evaluation, may be limited, may not include all production functionality, may be changed or discontinued at any time, and are provided "as is" to the maximum extent permitted by law.

Customer should not rely on trial, beta or pilot features for production-critical decisions unless AdShift expressly agrees otherwise in writing.

AdShift will use commercially reasonable efforts to provide the Services in a reliable and secure manner. Support levels, response times, service credits or uptime commitments apply only if stated in an Order Form, MSA or SLA.

The Services may be unavailable because of planned maintenance, emergency maintenance, Third-Party Platform outages, cloud provider incidents, internet failures, Customer systems, force majeure events, security issues or other causes beyond AdShift's reasonable control.

AdShift may suspend access to all or part of the Services if AdShift reasonably believes that suspension is necessary to prevent security risk, legal risk, harm to AdShift, Customer, End Users, Third-Party Platforms or other customers, material misuse of the Services, unauthorized access, or non-payment. AdShift will use reasonable efforts to limit the scope and duration of suspension where practicable.

The Services provide measurement, attribution, analytics, fraud indicators, SKAN-related views, exports, reports and other outputs based on Customer configuration, available data, partner APIs and modelling or processing logic. These outputs are intended to support business analysis and marketing operations, but they may be incomplete, delayed, approximate, affected by third-party restrictions or dependent on Customer's implementation.

Customer is responsible for how it interprets and uses reports, exports, dashboards, fraud signals, SKAN configurations, attribution outputs and similar information. AdShift is not responsible for Customer's business decisions, campaign budgets, partner payments, accounting treatment or regulatory filings based on the Services.

AdShift and its licensors retain all rights in the Services, Platform, Developer Tools, Documentation, software, designs, workflows, models, know-how, databases, templates, features, interfaces, trade names, trademarks and other technology used to provide the Services ("AdShift Technology").

Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and Developer Tools during the applicable subscription term solely for Customer's internal business purposes and in accordance with these Terms and the applicable Order Form.

Customer retains all rights in Customer Data and Customer's own Applications, trademarks and content. Customer grants AdShift a limited right to use Customer Data and Customer materials as necessary to provide and support the Services.

If Customer provides feedback, suggestions or requests relating to the Services, AdShift may use them without restriction or obligation, provided that AdShift will not disclose Customer's Confidential Information in doing so.

AdShift may generate and use aggregated or de-identified data derived from use of the Services for analytics, benchmarking, product improvement, security, performance monitoring and business purposes, provided that such data does not identify Customer, End Users or any individual.

Each party may receive non-public business, technical, commercial, product, security, financial, legal or other information from the other party that is marked confidential or should reasonably be understood to be confidential ("Confidential Information").

The receiving party must use Confidential Information only to perform or receive the Services, protect it using at least reasonable care, and disclose it only to personnel, affiliates, contractors, advisors or service providers who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available without breach, already known without restriction, independently developed without use of the disclosing party's Confidential Information, or lawfully received from a third party without restriction.

The receiving party may disclose Confidential Information where required by law, court order or governmental request, provided that it gives advance notice where legally permitted and discloses only what is required.

Confidentiality obligations survive for five years after termination, except for trade secrets, source code, security credentials and highly sensitive technical information, which remain protected for as long as they qualify for protection under applicable law.

AdShift will maintain reasonable administrative, technical and organizational safeguards designed to protect Customer Data against unauthorized access, accidental loss, destruction or damage. These safeguards may include access controls, encryption in transit, encryption at rest where supported, logging, monitoring, credential protection, backup procedures and personnel access limitations.

Customer acknowledges that no system is completely secure. Customer is responsible for securing its own systems, Applications, cloud destinations, ad accounts, user devices and credentials.

Customer may not conduct penetration tests, vulnerability scans or security assessments against the Services without AdShift's prior written approval and agreed testing scope.

Each party represents that it has authority to enter into the agreement and will comply with laws applicable to its performance.

AdShift warrants that paid Services will materially conform to the applicable Documentation under normal use. Customer's exclusive remedy for breach of this warranty is for AdShift to use commercially reasonable efforts to correct the non-conformity or, if AdShift cannot do so, Customer may terminate the affected Order Form and receive a pro-rata refund of prepaid fees for the unused affected Services.

Except as expressly stated, the Services, Developer Tools, Documentation, reports, exports, trial features and beta features are provided "as is" and "as available". To the maximum extent permitted by law, AdShift disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, accuracy of third-party data and suitability for Customer's specific business outcomes.

Customer will defend, indemnify and hold harmless AdShift from third-party claims, damages, fines, penalties, costs and expenses arising from Customer's breach of these Terms, Customer Data, Customer's Applications, Customer's use or configuration of the Services, Customer's violation of law, Customer's failure to provide required notices or obtain required rights or consents, or Customer's instructions to share data with Third-Party Platforms.

AdShift will defend Customer from third-party claims alleging that the Services, as provided by AdShift and used in accordance with these Terms, infringe a third party's intellectual property rights. AdShift has no obligation for claims arising from Customer Data, Customer's Applications, unauthorized modifications, combination with materials not provided by AdShift, use outside the Documentation, or Customer's failure to use required updates.

The indemnified party must promptly notify the indemnifying party of the claim, reasonably cooperate, and allow the indemnifying party to control the defense and settlement, provided that no settlement may impose non-monetary obligations or admission of liability on the indemnified party without its consent.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings, business opportunity or data, even if advised of the possibility.

Subject to the exceptions below, each party's aggregate liability arising out of or relating to the agreement will not exceed the fees paid or payable by Customer to AdShift for the affected Services in the twelve months before the event giving rise to liability.

The liability cap does not limit Customer's payment obligations, either party's liability for death or personal injury caused by negligence, fraud, willful misconduct, confidentiality breaches, misuse of intellectual property, or liability that cannot be limited under applicable law. The parties may agree different caps in an MSA or Order Form.

These Terms apply while Customer has an active Account, Order Form, trial, pilot or other access to the Services.

Either party may terminate for material breach if the breach is not cured within thirty days after written notice, unless the breach cannot be cured or requires immediate termination due to law, security, non-payment, unauthorized access, misuse of the Services or infringement.

Upon termination or expiration, Customer must stop using the Services and Developer Tools, remove SDKs, scripts, links, postbacks, API credentials and other AdShift code where no longer authorized, and pay all outstanding amounts.

AdShift will delete or return Customer Data in accordance with the applicable DPA, Order Form or Documentation. Unless a different period is agreed, AdShift may delete Customer Data after termination following a reasonable retention period, subject to legal, backup, security, billing and audit retention requirements.

AdShift may identify Customer as an AdShift customer and use Customer's name and logo in customer lists, websites, presentations and marketing materials unless Customer objects in writing or the parties agree otherwise in an Order Form or MSA.

Customer may not use the Services in violation of sanctions, export control or anti-corruption laws applicable to AdShift or Customer. Customer represents that it is not subject to sanctions and will not allow access to the Services by persons or entities subject to sanctions or located in embargoed territories where such access would be prohibited.

Each party will comply with applicable anti-bribery and anti-corruption laws and will not offer or receive improper payments, gifts or benefits in connection with the agreement.

AdShift may update these Terms from time to time to reflect changes in law, the Services, security requirements, Third-Party Platform requirements or business practices. For existing paid Customers, material changes will take effect on the earlier of the next renewal or thirty days after notice, unless changes are required sooner by law, security or Third-Party Platform requirements.

Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

AdShift may provide operational notices through the Platform, email or Documentation. Legal notices to Customer may be sent to the contact details in the Account or Order Form.

Legal notices to AdShift should be sent to:

ADSHIFT Spółka z ograniczoną odpowiedzialnością, ul. Kazimierza Pułaskiego 6/10, 26-600 Radom, Poland. KRS: 0001171157, NIP: 5423499328. Email: legal@adshift.com

Privacy notices and data protection requests should be sent to: privacy@adshift.com.

Unless an MSA or Order Form states otherwise, these Terms are governed by the laws of Poland, without regard to conflict of law rules. The courts competent for AdShift's registered office will have jurisdiction, unless mandatory law requires another venue.

These Terms, together with the applicable Order Form, DPA, MSA and documents incorporated by reference, form the agreement between AdShift and Customer for the Services and supersede prior or contemporaneous discussions relating to the same subject matter.

Any purchase order, vendor portal terms, click-through terms or other Customer terms will not modify the agreement unless expressly accepted by AdShift in writing.