These Terms of Use (hereinafter, the “Terms”) govern access to and use of the technology platform of PUBLICIT GLOBAL SLU (hereinafter, “Publicit” or “we”), with Tax ID Number B75733964 and registered office at Passeig de Gràcia 19, 08007 Barcelona, Spain. If you do not agree to these Terms, you may not use the Service. We reserve the right to modify these Terms as described below. These Terms apply to all entities or individuals who use or integrate with the Service for their commercial or business purposes (collectively, “Users” and, as applicable, “you” or “your”).
Please read these Terms carefully before accessing or using the Platform. By registering, accessing, or using the Platform, you represent that you have read, understood, and fully accepted these Terms. These Terms contain provisions regarding limitation of liability and dispute resolution that may affect your rights.
1.1. Publicit provides a self-service technology platform (hereinafter, the “Platform”) that enables the configuration, management, and monitoring of digital advertising campaigns, as well as the technological infrastructure necessary for the execution of campaigns programmed by the User on the Platform. These Terms govern Users’ use of the Platform, both in demo access mode (prior to subscribing to the services offered by Publicit) and in full access mode (once the services have been subscribed to), and the provision of Publicit’s advertising services.
1.2. By accessing, registering for, and/or using the Platform, you (hereinafter, the “User”) fully accept these Terms. If you do not agree with any of these Terms, you must refrain from accessing or using the Platform.
1.3. Eligibility. This document constitutes a contract between you and Publicit. You may only use the Service if you are able to enter into a legally binding contract with us and the entity to which you belong has been authorized by Publicit to access the Platform, whether in demo or full-access mode, and solely in accordance with these Terms and all applicable local, regional, national, and international laws (“Applicable Laws”). To use the Service, you must be at least 18 years of age (or the age of majority in your jurisdiction) and have been designated as an authorized representative by your organization. The Service is not available to Users who have previously been barred from using it.
1.4. Definitions. For the purposes of these Terms, the following terms shall have the meanings set forth below:
(a) “Platform”: the self-service technology platform made available by Publicit for the configuration, management, and monitoring of digital advertising campaigns.
(b) “Campaign”: each advertising campaign configured by the User through the Platform, including all its parameters (media, channels, budget, audience, creative assets, dates, and objectives).
(c) “Ad Creatives”: the materials, advertising content, graphics, text, videos, and other creative elements that the User uploads to the Platform for distribution across the relevant media.
(d) "Campaign Request": the specific configuration of each Campaign, defined and recorded directly on the Platform by the User when creating a Campaign.
(e) “Intellectual and Industrial Property Rights” or “IP Rights”: all intellectual and industrial property rights and any other similar rights, including patents, trademarks, copyrights, designs, trade secrets, and know-how.
(f) “Confidential Information”: all information of a confidential nature—whether technical, commercial, financial, or operational—exchanged between the parties in connection with the contractual relationship, including know-how, techniques, marketing data, strategies, reports, and research results.
(g) “Output” or “Generated Content”: any results, reports, analyses, content, or materials generated by the Platform based on the materials, data, or Creative Works provided by the User.
(h) “Usage Data”: diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software, collected through the Platform.
(i) “Tracking Technologies”: Any pixel, tag, script, API, or verification code inserted on users’ web page to collect data for the provision of the Services.
1.5. To register each Campaign, the User must provide, at a minimum, the following information through the Platform: (i) email address; (ii) name and contact phone number; (iii) name of the advertiser’s brand; (iv) Campaign name; (v) allocated budget; (vi) start and end dates; (vii) Campaign objective (such as lead generation, brand awareness, or others); and (viii) the corresponding Creative Assets. In the demo access mode, only the information necessary to generate login credentials will be required, namely the information defined in points (i), (ii), (iii), and (iv).
1.6. The specific terms and conditions of each Campaign are defined and recorded directly on the Platform by the User when configuring each Campaign (Campaign Request) and form an integral part of these Terms. In the event of a conflict between the terms of a Campaign Request and these Terms, these Terms shall prevail. In all matters not expressly regulated in the Ad Request, the provisions of this document shall apply.
1.7. Non-Exclusivity. No provision of these Terms creates any exclusivity agreement. The User may contract for identical or similar services with third parties, whether or not they are direct or indirect competitors of Publicit, even during the term of their relationship with the Platform.
1.8. Framework Agreement for the Provision of Services. These Terms govern Users’ use of the Platform in two distinct ways:
(a) Demo Access (prior to entering into a contract with Publicit). Prior to the execution of the Framework Agreement or the contracting of Publicit’s services between the User’s entity and Publicit, Users may access the Platform on a demo basis, subject to the following limitations. Under this mode, all obligations defined herein shall apply to Users, except those strictly related to the configuration, management, and execution of Campaigns.
(b) Full access (following the signing of a contract with Publicit). Once the User’s entity has signed a Framework Agreement with Publicit or has declared its intention to contract Publicit’s services, Users may access all the Platform’s features in accordance with these Terms. Additionally, where applicable, in accordance with the provisions of the Framework Agreement. In the latter case, these Terms shall serve as a supplement to the Framework Agreement, with the provisions of the Framework Agreement taking precedence.
2.1. Description of Services. Through the Platform, the User may: (i) set up digital advertising campaigns; (ii) select the channels and media where their creatives will be placed; (iii) define the budget, audience segmentation, and target audience for each campaign, with the option to select predefined interests on the Platform or import their own audiences using available user identification technologies; (iv) upload creatives and first-party audience data for retargeting; (v) configure all parameters that make up each Campaign; and (vi) track the impact and performance of Campaigns through the reports available on the Platform.
2.2. Minimum Content of the Campaign Request. Each Campaign Request must contain, at a minimum: (i) the advertiser’s identifying information; (ii) the name and description of the Campaign; (iii) the allocated budget and the applicable payment method; (iv) the start and end dates; (v) the Campaign objective (lead generation, brand awareness, or other); (vi) the selected media and channels; and (vii) the Creative Assets included in the Campaign.
2.3. Modification of Campaigns. The User may modify the parameters of a Campaign only while it has not yet been activated. Once activated, the User may not modify its parameters, without prejudice to the possibility of temporarily pausing its execution. The pause of a Campaign may not exceed ten (10) consecutive calendar days; after this period, the Campaign will be considered canceled.
2.4. Compliance with Regulations. The User must comply with applicable laws, including any advertising policies or codes of conduct that may apply to the User.
2.5. User Representations and Warranties Regarding Creative Works. The User warrants that any Creative Works, materials, content, or data uploaded to the Platform: (i) will not infringe upon any third-party rights, including IP Rights and image rights; (ii) do not violate applicable regulations, including data protection regulations; (iii) are not contrary to public morality, good faith, or public order; (iv) comply with applicable advertising codes of conduct and current advertising regulations; (v) do not include sexually suggestive content, hate speech, or direct attacks on individuals or groups; (vi) do not include content that is abusive, harassing, defamatory, vulgar, invasive of third-party privacy, or discriminatory on the basis of sex, race, ethnicity, or origin; (vii) do not include content that promotes self-harm or excessive violence; (viii) do not include personal data of minors under 18 years of age without the appropriate consent; and (ix) do not contain malicious software, harmful code, or spam.
2.5.1. The User also warrants that they will not request the development of Creatives that (i) contain or may contain prohibited content; (ii) do not comply with the content restrictions set forth in accordance with these terms; (iii) involve or may involve the violation or breach of any legal obligation regarding Advertising, Audiovisual Content, or as established in codes of conduct applicable to the industry.
2.6. Prohibited Content. The following categories of Creatives are prohibited for use on the Platform:
a) Illegal Products, Services, and Activities. Creative Assets for illegal products, services, and activities are prohibited. The User must ensure that their Creative Assets comply with all Applicable Laws.
b) Discrimination. Your Creatives must not, and you must not use the Service to engage in discrimination based on age, gender, disability, religion, ethnicity, race, color, national origin, or sexual orientation.
c) Offensive Content. Creatives must not be offensive to good taste. This means they must not be, for example, hateful, vulgar, sexually suggestive, or violent.
d) Fraud and Deception. Your Creatives must not be fraudulent or deceptive. Your product or service must accurately match the content of your Creative. Any claims made in your Creative must be factually supported. Do not make misleading or inaccurate claims about competitors’ products or services. Do not imply that you or your product are affiliated with or endorsed by third parties without their permission.
e) Trademark and Copyright Infringement. Creatives must not use trademarks or copyrights belonging to third parties without the express permission of the owner. You must not use trademarks, logos, service marks, or company names in a way that could be confusing to the user or imply a non-existent affiliation or endorsement.
f) Tobacco Products. Creatives for tobacco products are prohibited, including the direct or indirect sale or promotion of any tobacco product (such as cigarettes, pipes, or cigars), alternative tobacco products (such as e-cigarettes or vaporizers), or any related equipment.
g) Weapons and Harmful Products. Creatives related to the promotion, use, or sale of weapons, ammunition, or any other product or service that may cause harm to people are prohibited.
h) Adult Content. Creatives containing adult content, including adult products and services, are prohibited.
i) Counterfeit Products. Creatives for counterfeit products are prohibited.
j) Sensitive Events. Publicit does not allow Creatives that are inappropriate in relation to tragedies, disasters, or similarly sensitive events.
k) Hacking and Circumvention. Creatives that promote products or services for hacking, cracking, or circumventing security systems are prohibited.
l) Health. Creatives that promote unrealistic or misleading claims about health improvements, including diets and weight loss, are prohibited. Creatives that promote unhealthy or unsafe behaviors are also prohibited.
2.7. Restricted Content. The following categories of Creatives may be subject to restrictions, which may be communicated through your User Account or the Service:
a) Alcohol. Creatives for alcoholic beverages are restricted and, for example, are only available in certain countries and to audiences of legal drinking age.
b) Animal Products. Creatives for animals or animal products are restricted. Creatives for products related to endangered species are prohibited.
c) Dating Services. Creatives for dating services are restricted. Such Creatives may never target individuals under the age of 18. Dating services must be legal in the applicable jurisdiction.
d) Fundraising. Ads for fundraising are restricted. Publicit allows fundraising ads only if they comply with applicable laws and qualify as tax-deductible or charitable in the applicable jurisdiction.
e) Medical Devices and Treatments. Ads for medical devices and medical treatments are restricted and must comply with applicable health regulations.
f) Short-Term Loans and Financial Services. Creatives for payday loans, payroll advances, or similar short-term loan products are restricted.
g) Medications. Creatives related to prescription or over-the-counter medications or recreational drugs are restricted. Please note that Creatives related to certain medications or drugs may be prohibited.
h) Politics. Political content is restricted, including content that advocates for or against a particular candidate, party, or ballot measure, or that aims to influence the outcome of an election; content that raises funds for or on behalf of political candidates, parties, political action committees, or similar organizations; and content that exploits a sensitive political issue.
i) Gambling and Sweepstakes. Creatives related to gambling or sweepstakes of any kind are restricted and must comply with applicable gambling regulations.
j) Cryptocurrencies. Creatives related to the purchase, sale, or exchange of cryptocurrencies are restricted.
2.8. Security and Privacy in Creatives.
2.8.1. Harm to Publicit or Users. Creatives must not promote or endorse products, services, or actions that would result in a breach of these Terms, or that could result in harm to Publicit, its members, or Users.
2.8.2. Fair Billing Practices. The products and services advertised in your Creatives must have fair billing practices and comply with all Applicable Laws.
2.8.3. Malicious Software. Do not use an Ad to promote, install, or distribute viruses, worms, spyware, malware, or other malicious software. Software may only be installed with the user’s permission and must be easily removable by the user.
2.8.4. Phishing. Do not use an Ad to promote a website that deceives a user into providing personal information or other data.
2.8.5. Use of HTTPS. If you collect information on the site linked to the Ad Creative, you must use HTTPS.
2.8.6. Link Behavior. Do not deceive, confuse, or otherwise degrade the experience of users who click on your Ad. The domain of your display URL must match the domain of your destination URL. The landing page must allow users to navigate away from the page, including via the browser’s “Back” button.
2.8.7. Targeting Based on Sensitive Characteristics. Creatives must not be targeted based on sensitive categories, such as health, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, alleged or actual commission of a crime, sexual behavior or orientation, union membership, or income, or any other sensitive information or categories.
2.8.8. Ad Creative Review Process. To maintain the professionalism and integrity of our Service, ad creatives will not be published until they are approved through our review process, which verifies your ad creatives against the policies detailed above. We strive to review Creatives as soon as possible. If your Creative is rejected, we will provide the reason in your account on the Service in connection with the status of your ad and also via email. You have the option to edit your Creatives to comply with our policies and resubmit them.
2.8.9. Exclusive Use of Creatives. Publicit will use the Creatives uploaded by the User solely and exclusively for selection and rendering in the corresponding media in accordance with each Campaign’s settings; their use for purposes other than the execution of the Campaign is prohibited.
2.8.10. Self-Service and User Responsibility. The User acknowledges and agrees that the Platform operates as a self-service tool and that, therefore, the User is solely responsible for the correct configuration of each Campaign, including the selection of media and channels, the definition of the budget, audience segmentation, the upload of Creatives in accordance with technical specifications, and the decision regarding the price the User is willing to pay.
2.8.11. Publicit shall not assume any liability for the User’s media strategy, segmentation decisions, the pricing logic established by the User, or the results of the Campaigns, unless such results are affected by a breach attributable to Publicit.
2.8.12. Compliance with Artificial Intelligence (“AI”) Regulations. The User shall be solely and exclusively responsible for complying with all applicable regulations regarding artificial intelligence in connection with the Creatives that the User uploads or inserts onto the Platform, including, but not limited to, Regulation (EU) 2024/1689 of the European Parliament and of the Council of June 13, 2024, which establishes harmonized rules on artificial intelligence (“AI Regulation”), the European Commission’s Code of Good Practice on Transparency of AI-Generated Content, and any other applicable rules, guidelines, or technical standards in this area, both at the European and national levels.
In particular, when the User uploads Creative Works to the Platform whose creation has involved, in whole or in part, the use of AI systems—whether AI-generated content, AI-assisted content, or content produced through any other form of AI system intervention—on their own behalf or on behalf of a third party, the User shall assume all obligations imposed by applicable AI regulations regarding transparency, labeling, tagging, identification of synthetic content, and any other applicable requirements, and shall be liable to Publicit and to third parties for full compliance therewith.
3.1. Obligations of Publicit
Publicit agrees to:
(a) Keep the Platform operational and accessible to the User, ensuring its proper functioning, notwithstanding any interruptions resulting from scheduled maintenance or updates, which will be communicated as far in advance as possible.
(b) Execute the Campaigns configured and paid for by the User through the Platform in a competent and professional manner, with the quality and diligence required in accordance with digital advertising industry standards.
(c) Immediately notify the User of any circumstances that could impact its ability to provide the services.
(d) Cooperate with the User in all matters necessary for the proper provision of the services, including the allocation of the human and material resources required for the secure operation of the Platform.
3.2. User’s Obligations
The User agrees to:
(a) Pay the amount for each Campaign in accordance with the applicable payment method as set forth in Section 5 of these Terms.
(b) Upload or configure the Creatives and, where applicable, audience data on the Platform in a timely and proper manner, in compliance with the technical specifications and formats required by the Platform, prior to the start date of each Campaign.
(c) Ensure that the Creatives and the data integrated into the Platform comply with current regulations, including personal data protection regulations and applicable advertising laws, with the User being solely responsible for their content and legality.
(d) Notify Publicit as soon as possible of any circumstances that could impact the provision of services.
(e) Allow the integration of Publicit’s Tracking Technologies, when applicable.
3.3. Compliance with the above obligations is essential for the proper use of the Platform and the execution of the features available under each access mode.
3.4. Publicit shall not be liable for any delays or deficiencies in the provision of the Platform’s services that are a direct consequence of: (i) the User’s failure or delay in uploading the Creatives or audience data; (ii) errors or defects in the Creatives or data provided by the User; (iii) incorrect configuration of the Campaign by the User; or (iv) use of the Platform in a manner other than that authorized.
4.1. To execute the Campaigns, Publicit will use its own technological infrastructure, including agreements with various partners involved in the programmatic process, as well as any other technology providers it deems appropriate. Publicit reserves the right to select, modify, or replace such providers at any time, provided that this does not materially affect the execution of the Campaigns.
4.2. License to Use. Publicit grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for the duration of their contractual relationship, for the sole purpose of configuring, managing, and monitoring their Campaigns. This license does not constitute, under any circumstances, a transfer of intellectual property rights over the Platform or its underlying technology.
4.3. Restrictions on Use. The User agrees to make appropriate use of the Platform, in accordance with its intended purpose and with the instructions and usage policies that Publicit may communicate from time to time. In particular, the User shall refrain from: (i) using the Platform for unlawful purposes or in bad faith; (ii) attempting to access restricted areas of the Platform or Publicit’s systems; (iii) reverse-engineering, decompiling, or disassembling the Platform or any part of its code; and (iv) using the Platform in a manner that could damage, overload, or impair its operation.
4.4. Suspension and Termination of Accounts. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability and for any reason or no reason at all, including if you breach any provision of these Terms. Additionally, you may deactivate your User Account at any time. We may, with or without prior notice, change or discontinue providing the Service to you or to Users in general, or impose usage limits on the Service.
4.5. Access Credentials. Access credentials to the Platform are personal and non-transferable. You are responsible for maintaining the confidentiality of your credentials and for any activity that occurs under your account. You must immediately notify Publicit of any unauthorized use of your account or any security breach of which you become aware.
4.6. Organizational Accounts. An individual may access and/or use the Service on behalf of a company or other entity, such as their employer (such entity, an “Organization”). In such cases: (a) these Terms constitute an agreement between (i) us and such individual and (ii) us and such Organization; (b) such individual represents and warrants that they have the authority to bind that Organization to these Terms; (c) that individual’s acceptance of these Terms will bind that Organization; (d) we may disclose information regarding that individual and their access to and use of the Service to that Organization; (e) that individual’s right to access and use the Service may be suspended or terminated if that individual ceases to be affiliated with that Organization; (f) that Organization will inform all of its users of the provisions of these Terms and will ensure that each user complies with them; and (g) that Organization will be solely responsible for all acts and omissions of its users.
4.7. Connection Through Third-Party Services. By connecting to the Service through a third-party service, you grant us permission to access and use your information from that service as described in our Privacy Policy.
4.8. Nature of the Relationship. The relationship between Publicit and the User is exclusively commercial in nature. Access to and use of the Platform does not create any employment relationship or bond between the parties.
5.1. Minimum Investment: The Platform establishes a minimum investment per Campaign and Advertiser of five hundred euros (€500), with a minimum daily cost of fifty euros (€50) and a minimum duration of ten (10) calendar days per Campaign.
5.2. Advertisers
5.2.1. In exchange for the contracted services, the User shall pay Publicit the price for each Campaign in accordance with the financial terms detailed below. The price displayed to the User in the Campaign Request shall include: (i) the cost of the corresponding advertising inventory; (ii) a platform fee equivalent to ten percent (10%) of the Campaign’s base amount; and (iii) a Publicit fee, the percentage of which will be determined by Publicit and may vary depending on the User, the type of Campaign, and the commercial terms applicable at any given time. This fee will be calculated, as applicable, based on impressions, clicks, conversions, or other performance metrics. All prices are exclusive of Value-Added Tax (VAT), which will be charged at the rate in effect at the time the corresponding invoice is issued.
5.2.2. Payment Methods. Payment for each Campaign will be made in accordance with the method applicable to the User based on their category:
(a) Standard customers: Payment must be made in advance (prepayment) prior to the Campaign’s execution, using the payment methods available on the Platform when submitting the Campaign Request. Confirmation of the Campaign is contingent upon actual receipt of payment.
(b) Advanced Clients: Payment will be made once the Campaign Request has been submitted, within thirty (30) calendar days from the date the Campaign Request is registered. The category assigned to each User will be communicated by Publicit and may vary depending on investment volume and business history.
5.2.3. Billing. Publicit will issue the corresponding invoice for each Campaign. For Advanced Clients, the invoice will be issued after the Campaign Request is registered and must be paid by bank transfer within thirty (30) calendar days of its issuance. For Standard Clients, the invoice will be issued upon receipt of the prepayment and confirmation of the Campaign. Invoices will be sent electronically to the address provided by the User on the Platform.
5.2.4. Disputed and Overdue Payments. If the User believes that Publicit has billed them incorrectly, they must contact Publicit no later than ten (10) days after the closing date of the last day of the calendar month in which the error or problem occurred, in order to be eligible for a service credit.
5.2.5. Unpaid Amounts. Unpaid amounts that are not disputed are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum allowed by Applicable Law (whichever is lower), plus all collection costs, and may result in the immediate termination of the Service. Any Service credit you may accrue is non-refundable and non-transferable and must be used before the termination of these Terms or your User Account.
5.2.6. Promotional Offers. We may occasionally offer special promotional offers, plans, coupons, or memberships (“Promotional Offers”). Eligibility for Promotional Offers is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer if we determine that you or your customers are not eligible. We may use information such as your device ID, payment method, and/or an email address used in connection with your User Account to determine eligibility. Promotional Offers are subject to change at any time. We reserve the right to block or deactivate Promotional Offers at any time without prior notice or liability. Promotional Offers cannot be combined with other offers or discounts or applied to past transactions. Promotional Offers are non-transferable and cannot be redeemed for cash or other services.
5.3. Publishers
5.3.1. The terms of Payment and Billing will be set forth in the Master Agreement.
6.1. Term. These Terms shall take effect upon acceptance by the User and shall remain in effect indefinitely, continuing in force unless terminated in accordance with the provisions of this Section. For Users on a demo basis, these Terms will remain in effect for the duration of the demo period or until their organization signs the Framework Agreement for the Provision of Services, at which time these Terms will continue to apply under the full access terms.
6.2. Voluntary Termination. Either party may terminate the contractual relationship at any time. For Users with full access, the following conditions apply: (i) for Users acting as Publishers, the termination of the main contractual relationship between the entities shall be governed by the provisions of the Framework Agreement; (ii) Users acting as Advertisers may terminate the contractual relationship at any time, without the need to allege just cause, by providing written notice to the other party with a minimum of three (3) months’ advance notice. In the event of termination by the User, the User must pay the amounts corresponding to Campaigns that have already been confirmed but not executed or are currently being executed.
6.3. Grounds for Early Termination. Notwithstanding the foregoing, the contractual relationship may be terminated early by either party if any of the following circumstances arise:
(a) Material breach of the obligations assumed, provided that the party seeking termination has previously notified the defaulting party and, ten (10) business days after receipt of the notice, the breach has not been remedied.
(b) Lack of understanding or constant disagreement in the course of the relationship.
(c) Any action likely to damage the other party’s good image or reputation.
(d) Failure to comply with tax obligations or other obligations, the breach of which may give rise to subsidiary liability for the other party.
(e) Any violation of the law, public morals, or public order.
(f) Failure to pay or delay in paying the price of the Campaigns as stipulated in Section 5 of these Terms.
(g) Use of the Platform in a manner contrary to that authorized.
(h) A change in ownership of Publicit or a substantial modification to its corporate structure that materially affects the provision of services.
6.4. Effects of Termination. In the event of termination for any reason, Publicit will maintain the User’s access to the Platform for a reasonable period from the effective date of termination, solely for the purpose of allowing the User to download performance reports for their completed Campaigns. Upon expiration of such period, Publicit may delete all User information stored on the Platform.
6.5. Survival. Any provisions or obligations expressly or implicitly intended to remain in effect after termination shall remain in effect and shall be fully enforceable.
7.1. Publicit and the User guarantee full compliance with all obligations assumed under these Terms, including those incurred under any Campaign Requests.
7.2. Exclusions of Liability for Publicit. Publicit shall be liable only for damages directly attributable to it due to a malfunction of the Platform or a breach of its obligations. Publicit’s liability is excluded in the following cases: (i) any unforeseeable circumstances or those beyond its reasonable control; (ii) damages resulting from the User’s media strategy, targeting decisions, or pricing logic; (iii) Campaign results that do not meet the User’s expectations; and (iv) damages arising from the content of the Ad Creatives or from the data provided by the User.
7.3. Release. The User releases Publicit from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses—in each case of any kind and nature, known and unknown—arising from a dispute between the User and a third party (including any other User) in connection with the Service.
7.4. Indemnification. The User shall defend, indemnify, and hold harmless Publicit and its subsidiaries and affiliates, and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, together with Publicit, the “Publicit Indemnified Parties”) from and against any claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including legal fees) arising from: (a) the User’s access to and/or use of the Service, including the use of the Output; (b) a violation of any provision of these Terms; (c) a violation of any third-party rights, including privacy rights or intellectual property rights; (d) a violation of any Applicable Law; (e) the User’s Creative Works or any content submitted through the User’s Account; (f) the User’s willful misconduct; or (g) third parties’ access to and/or use of the Service using the User’s authentication credentials.
7.5. The User warrants that they are the owner of the Creative Works uploaded to the Platform or that they hold the necessary rights thereto, including intellectual property rights, rights of publicity, and any other rights necessary for their dissemination through the selected media and channels.
7.6. Limitation of Liability. Publicit’s total aggregate liability in connection with the services covered by these Terms shall not, under any circumstances, exceed the amount actually paid by the User under the relevant Campaign giving rise to the claimed liability, in the case of Users acting as Advertisers. For Users acting as Publishers, the provisions of the Framework Agreement shall apply. Under no circumstances shall the parties be liable for indirect damages, loss of revenue, or loss of profits.
7.7. Publicit shall not be liable for service interruptions or the unavailability of the Platform caused by circumstances beyond its control, including Internet connectivity failures, acts of third-party hosting or infrastructure service providers, cyberattacks, or any other cause of force majeure in accordance with Section 12.
7.8. Disclaimer of Warranties. The service is provided “as is” and “as available.” To the fullest extent permitted by applicable law, the service, the intellectual property, and any other information available on or through the service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. None of Publicit’s indemnified parties warrants that any content or other information contained in or available through the Service is accurate, complete, reliable, useful, or correct; that the Service will meet your requirements; that the Service will be available at a specific time or location, will be uninterrupted, or will be secure; that any defects or errors in the Service will be corrected; or that the Service is free of viruses or other harmful components. The obligations assumed by Publicit are obligations of means and not of result. Publicit undertakes to use its best efforts and due diligence to properly execute the Campaigns, but does not guarantee specific results in terms of actual impressions, reach, conversions, or return on investment.
7.9. Nothing in these Terms shall limit the parties’ liability for damages and/or losses that cannot be excluded under applicable law.
8.1. Pre-existing Materials. Each party retains ownership of all its IP Rights in texts, images, photographs, creative works, technologies, trademarks, logos, domain names, and any other elements, creations, inventions, or distinctive signs owned by it, developed prior to or independently of the contractual relationship (“Pre-existing Materials”). Nothing in these Terms shall be construed as granting the other party any right or license with respect to such materials, except as expressly provided herein.
8.2. License to Creative Works and Output. The User grants Publicit a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to access their Creative Works and Output through the Service, and to copy, use, modify, reproduce, distribute, display, and publish their Creative Works and Output in connection with the provision of the Service (including for testing, compliance, marketing, and promotional purposes). In addition, the User grants a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, store, modify, distribute, reproduce, publish, create derivative works, and display their Creatives and Output: (i) to maintain and provide the Service; (ii) to improve our products and the Service; and (iii) to perform other actions described in our Privacy Policy or authorized by you in connection with your use of the Service.
8.3. Ownership of the Platform. Publicit is the exclusive owner of the Platform, its source code, design, structure, technology, documentation, algorithms, and all other elements comprising it, as well as any improvements and updates thereto. The User agrees not to reproduce, modify, distribute, decompile, reverse engineer, or exploit in any way the Platform or any of its components beyond authorized use.
8.4. Special Protection of Algorithms. The User shall refrain from using, duplicating, sharing, or disseminating any technical information relating to the Platform or Publicit’s algorithms. A breach of this obligation shall entitle Publicit to claim, as a penalty clause, an amount equal to three (3) times the total compensation received from the User, without prejudice to any applicable damages.
8.5. Generated Content (Output). The User may submit text, documents, images, and other materials to the Services for processing and receive results from the Services based on such materials (“Output”). Due to the nature of machine learning, use of the service may result in incorrect Output. The User must evaluate the accuracy of any Output as appropriate for their use case, including through human review of the result. The User agrees that Publicit shall not be liable for any damages that you or any third party alleges to have suffered as a result of or in connection with any Output or other content generated by or accessed through the Service.
8.6. Usage Data. We may collect, or you may provide us with, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will remain the exclusive property of Publicit. Accordingly, we may use, maintain, and/or process the Usage Data or any part thereof for any lawful purpose, including: (a) to provide and maintain the Service; (b) to improve our products and services and develop new products, services, and/or features; (c) to monitor your use of the Service; (d) for research and analysis, including data analysis, identification of usage trends, and customer research; and (e) to share analytics and other derived Usage Data with third parties.
8.7. Use cases. Publicit shall be entitled to refer to the Client as a customer and to prepare and publish case studies relating to the services provided through Publicit's website, social media channels and marketing materials. Such authorisation includes the use of the Client's trade name and logo solely for this purpose, on a non-exclusive and royalty-free basis. Performance data shall be presented in an aggregated and accurate manner and shall not include users' personal data, third-party information, or any information that the Client has expressly identified to Publicit as sensitive during the course of the contractual relationship.
For Publicit's promotional activities through case studies, where any Creatives provided by you under a Campaign Request are protected by intellectual property or industrial property rights, you represent and warrant that you hold the necessary rights therein or have obtained all required authorisations to grant the rights set out herein. You further grant Publicit a non-exclusive, royalty-free, non-sublicensable and revocable licence to use, reproduce and publicly display such materials solely for the purpose of identifying you as a client and showcasing the campaign or collaboration carried out between the parties.
8.8. Feedback. To the extent that the User provides suggestions, recommendations, or other comments related to the Service or to other Publicit products or services (collectively, “Feedback”), the User assigns to Publicit all rights (including intellectual property rights), title, and interest in the Feedback, without providing any attribution or compensation to the User or to third parties. If the User provides testimonials about our Services or submits Creative Content to Publicit, we may publish such testimonials and Creative Content in connection with the promotion of the Services.
9.1. Confidential Information. All information exchanged between the parties in connection with the contractual relationship is strictly confidential. Confidential Information includes, but is not limited to: know-how, techniques, marketing reports and data, business, marketing, and advertising strategies, sales reports, research results, negotiations, and other data pertaining to each party’s products or businesses.
9.2. Confidentiality Obligations. Confidential Information may only be used for the purposes of the service itself. The parties agree not to disclose Confidential Information to any person or entity and may not reproduce, use, sell, license, display, publish, or otherwise disclose it in any form without the express authorization of the other party.
9.3. Term. The confidentiality obligation shall remain in effect for as long as the information remains relevant as confidential and, in any event, for a period of no less than five (5) years following the termination of the contractual relationship.
9.4. Exceptions. The restrictions regarding Confidential Information shall not apply when: (i) the information was in the public domain prior to the effective date of these Terms or became publicly accessible without any breach by the receiving party; or (ii) it must be disclosed pursuant to a legal provision or by order of a competent authority, provided that the receiving party immediately notifies the other party.
9.5. Special Protection. The parties acknowledge the special protection that must apply to Publicit’s algorithms, codes, and creations, and agree not to disclose their content.
10.1. Processing of User Data on the Platform
10.1.1. Publicit, in its capacity as an independent Data Controller, processes Users’ Personal Data in accordance with the following characteristics:
10.1.2. Data Controller: PUBLICIT GLOBAL SLU, with Tax ID B75733964 and registered office at Passeig de Gràcia 19, 08007, Barcelona, Spain.
10.1.3. Purposes of Processing: Publicit will process Users’ Personal Data for the following purposes: (i) to manage the User’s registration and account on the Platform; (ii) for users with full access, to provide the advertising services contracted through the Platform; (iii) to manage billing and collections arising from Campaigns; (iv) to address Users’ inquiries, complaints, and requests; (v) to send commercial communications regarding Publicit’s products and services, provided that the User has given consent or a prior contractual relationship exists; (vi) to conduct statistical analyses and service improvement analyses; and (vii) to comply with applicable legal obligations.
10.1.4. Legal Bases: The legal bases for the processing of Users’ Personal Data are: (i) the performance of the contract for the provision of the Platform’s services; (ii) the User’s consent to receive commercial communications; (iii) Publicit’s legitimate interest in improving and analyzing its services, provided that the User’s interests or fundamental rights and freedoms do not take precedence; and (iv) compliance with legal obligations.
10.1.5. Categories of Data Processed: Publicit may process the following categories of the User’s Personal Data: (i) identifying data (first name, last name); (ii) contact data (corporate email address and, where applicable, phone number, mailing address); (iii) professional data (job title, company, industry); (iv) billing data (bank information, payment history); (v) Platform usage data (campaign history, configuration preferences, access and browsing data); and (vi) data derived from communications with customer service. In the demo access mode, only the data indicated in sections (i) and (ii) will be processed, as they are necessary for generating access credentials.
10.1.6. Recipients of the data: Users’ Personal Data may be disclosed to: (i) technology and infrastructure service providers necessary for the operation of the Platform; (ii) financial institutions for the management of payments and collections; (iii) legal, tax, and accounting advisors; and (iv) public authorities and regulatory bodies when required by applicable law.
10.1.7. Retention Periods: Users’ Personal Data will be retained for the duration of the contractual relationship and, thereafter, for the applicable statutory limitation periods to address any potential liabilities arising from the processing. Data processed based on consent will be retained until the User withdraws such consent.
10.1.8. User Rights: The User may exercise the rights of access, rectification, erasure, restriction of processing, data portability, and objection, as well as the right not to be subject to automated individual decision-making, by sending a request to legal@publicit.es or to Publicit’s mailing address indicated in these Terms. The User also has the right to file a complaint with the Spanish Data Protection Agency (www.aepd.es) if they believe that the processing of their data does not comply with current regulations.
10.2. Data Processing on the Platform. These Terms govern the processing of Personal Data carried out in connection with the provision of the Platform’s services. For the purposes of this Section, the following terms shall have the meanings set forth below:
(a) "Personal Data": information relating to an identified or identifiable natural person ("Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the natural person’s physical, physiological, genetic, mental, economic, cultural, or social identity.
(b) "User Personal Data": all Personal Data provided by users (data subjects) in connection with Publicit’s services and the performance of the contractual relationship, which may include, upon request for an advertisement: IP address; approximate geolocation (city/region/zip code); user agent; application/channel identifier; contextual content metadata; and Publicit’s unique identifier.
(c) "Data Controller": the natural or legal person who determines the purposes and means of processing Personal Data.
(d) "Data Processor": the natural or legal person that processes Personal Data on behalf of the Data Controller.
(e) "Data Protection Laws": all laws, regulations, regulatory requirements, guidelines, codes of practice, and self-regulatory principles applicable to the processing of Personal Data, including European Data Protection Laws.
(f) "European Data Protection Laws": (i) Regulation (EU) 2016/679 (GDPR); (ii) Directive 2002/58/EC (ePrivacy Directive); (iii) any regulations or other laws implementing that Directive in any Member State; (iv) any law of the United Kingdom that replaces the foregoing; and (v) any amendment, extension, or new enactment of the foregoing.
(g) "Purpose": the purpose of the processing as described in Section 10.4.
(h) "Privacy Policy": a privacy policy that complies with Data Protection Laws, is clearly labeled, and is prominently available to end users, containing information on data collection, targeting activities, the use of data by third parties, and methods for exercising rights.
(i) "SCC" or "Standard Contractual Clauses": the standard contractual clauses (Module One concerning transfers between data controllers), approved by the European Commission pursuant to Implementing Decision (EU) 2021/914.
(j) The terms “Joint Controller,” “Processing,” and “Process” have the meanings assigned to them in the GDPR.
10.3. Nature and Duration of Processing
10.3.1. The processing of Personal Data covered by this Section: (a) will be carried out by automated means; (b) will be conducted in accordance with the Purpose defined in clause 10.4; and (c) will continue for the duration of the contractual relationship and, thereafter, for as long as such Personal Data continues to be processed in accordance with the applicable legal bases.
10.3.2. These data protection terms shall remain in effect for as long as such processing continues, regardless of the resolution or termination of the contractual relationship.
10.4. Relationship Between the Parties
10.4.1. The User acts as an independent Data Controller with respect to their own Personal Data. Publicit also acts as an independent Data Controller under these Terms. The parties do not establish, nor do they intend to establish, a relationship as Joint Data Controllers with respect to the Personal Data being processed.
10.4.2. The parties acknowledge and agree that neither party is responsible for determining the requirements of the Data Protection Laws applicable to the other party’s activities. Each party shall be individually and exclusively responsible for its own compliance with the Data Protection Laws in its capacity as an independent Data Controller.
10.4.3. The parties expressly state that the means and purposes of the processing have not been jointly determined. No provision of these Terms shall be construed as indicating an intention to establish a joint controller relationship.
10.5. Purpose of Processing. The purpose of processing Personal Data is to provide advertising services through the Platform, including:
a) Making the User’s Personal Data available to Demand-Side Platforms (“DSPs”) and demand sources to enable them to submit bids on advertising inventory.
b) Monitoring, improving, and optimizing the services provided.
c) Frequency capping.
d) Measuring advertising performance.
e) Fraud prevention.
f) Service improvement.
10.6. Data Categories. The Personal Data processed may include, per ad request:
Precise geolocation data, sensitive data as defined by the GDPR, or data revealing the user’s status as a minor will not be collected or used, unless expressly permitted by applicable law and recorded through the relevant TCF signals.
10.7. User Obligations
With regard to data protection, the User must:
(i) Allow Publicit to process Personal Data as necessary to provide the services.
(ii) Obtain consent from end users in accordance with Data Protection Laws, with the User being solely responsible for obtaining valid consents.
(iii) Ensure that no sensitive data (as defined in the GDPR) or data revealing the status of minors under 16 years of age is transmitted to Publicit, unless such transmission is strictly permitted by law and is correctly identified using the relevant technical signals.
(iv) Implement all necessary technical filters to prevent the accidental or unauthorized transfer of sensitive data, including contextual metadata that could lead to inferences about sensitive data.
(v) Ensure compliance with the duty to inform end users through a Privacy Policy that contains all mandatory information regarding the processing of Personal Data, including a description of the use of advertising technology, the collection and use of data by the User and third parties, and methods for users to exercise their rights.
(vi) Ensure that Publicit’s processing activities are included in the User’s Privacy Policy and/or in the disclosures on its Consent Management Platform (hereinafter, “CMP”), implemented through a CMP registered with IAB Europe’s TCF for EEA/UK users.
(vii) Ensure that its Privacy Policy is not inconsistent with the descriptions of processing provided in Publicit’s Privacy Policy.
10.8. Publicit’s Obligations. Publicit must: (i) process Personal Data in accordance with Data Protection Laws; and (ii) maintain an up-to-date and accessible Privacy Policy describing its processing activities.
10.9. Security Measures. Both parties shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
(a) Pseudonymization and encryption of Personal Data.
(b) Ensuring the ongoing confidentiality, integrity, and resilience of processing systems and services.
(c) The ability to quickly restore the availability of and access to Personal Data in the event of a physical or technical incident.
(d) Periodic testing of the effectiveness of the technical and organizational measures to ensure the security of the processing.
10.10. Consent Management and TCF/GPP Signals
10.10.1. Signal transmission. The parties will transmit end-to-end TCF strings in bid requests and related calls, and will ensure that downstream partners (SSPs, DSPs, measurement providers) receive the strings.
10.10.2. Preference and Consent Management. Each party shall respect user preferences set via TCF signals, including user restrictions and purpose-level consents/objections.
10.10.3. Legal Basis. For the personalization of advertising and content under the IAB TCF, the legal basis shall be consent (not legitimate interest), and the User shall obtain such consent through its CMP.
10.10.4. Publicit processes the User’s Personal Data in good faith, relying on the accuracy, completeness, and validity of the consent signals and transparency strings (including IAB TCF signals) transmitted by the User or its designated CMP. Publicit shall have no obligation to verify the underlying legality of the consent-obtaining process carried out by the User. The User acknowledges that it is solely responsible for ensuring that all consents are obtained in accordance with Data Protection Laws.
10.11. International Data Transfers
When Personal Data is transferred outside the European Economic Area (EEA), the parties shall implement all appropriate safeguards required by applicable regulations, including, where applicable:
a) The execution of the Standard Contractual Clauses, Module 1 (transfer between data controllers).
b) Conducting data transfer impact assessments.
c) The implementation of appropriate supplementary measures.
The competent data protection authority shall be the Spanish Data Protection Agency. The law applicable to such transfers shall be Spanish law. The competent jurisdiction shall be that of the Courts and Tribunals of the city of Madrid.
10.12. Provision of Information and Cooperation
10.12.1. If either party makes a reasonable request, the other party shall promptly provide any information it may require to demonstrate compliance with its data protection obligations.
10.12.2. Each party agrees to: (a) promptly notify the other party in writing (within twenty-four (24) hours) of any question, complaint, investigation, or inquiry from a data protection authority regarding the processing of Personal Data; and (b) provide reasonable cooperation and assistance in connection with any such request.
10.13. Indemnification
10.13.1. Each party shall indemnify, defend, and hold the other party harmless from and against all costs, charges, damages, expenses, fees, and losses arising from the indemnifying party’s negligence, willful misconduct, or breach of this data protection regime or the Data Protection Laws.
10.13.2. There shall be no exclusions or limitations on the liability of either party arising from this data protection policy. Neither party shall be prevented from immediately exercising any right or remedy it may have.
10.13.3. The User’s indemnification obligation shall specifically include any damages, fines, or expenses incurred by Publicit as a result of: (a) the User’s failure to obtain valid and informed consent from end users; (b) the transmission of inaccurate or fraudulent consent signals (including TCF strings); or (c) the unauthorized provision of sensitive data or data relating to minors.
10.14. Rights of Data Subjects
10.14.1. Data subjects may exercise the following rights in accordance with applicable regulations: the right of access, rectification, erasure, restriction of processing, data portability, objection, and the right not to be subject to decisions based solely on automated processing.
10.14.2. Personal Data will be retained for the duration of the contractual relationship or for as long as necessary to comply with Data Protection Laws. Data subjects may exercise their rights by contacting the relevant party using the contact information provided in these Terms, as well as by filing a complaint with the competent data protection authority.
10.15. Order of Precedence
10.15.1. In the event of a conflict or discrepancy between the SCCs, Data Protection Laws, and these Terms, the following order of precedence shall apply: (a) the SCCs (where applicable); (b) Data Protection Laws; and (c) these Terms.
10.16. Retention Periods
10.16.1. The retention period for Personal Data shall be the duration of the advertising campaign in question
11.1. The contractual relationship established through these Terms is intuitu personae. The User may not assign, transfer, or subrogate to third parties, nor subcontract to them, the obligations and rights assumed under these Terms or any Campaign, without Publicit’s express written consent.
11.2. Any subcontracting authorized by Publicit shall not affect the obligations assumed by the User, who shall remain liable to Publicit and must impose, in writing, equivalent or more restrictive obligations regarding confidentiality, legality, and data protection on its subcontractors.
11.3. The performance of all or part of the services by any entity belonging to the Publicit corporate group, as defined in Article 42 of the Commercial Code, shall not be considered subcontracting and, therefore, shall not require prior authorization or notification to the User.
12.1. Definition. Acts, omissions, circumstances, or causes beyond the reasonable control of the parties shall be considered force majeure events, including, but not limited to: floods, earthquakes, hurricanes, or other natural disasters; fires; epidemics or pandemics; wars; embargoes; terrorist attacks; nuclear energy; chemical or biological contamination; compliance with any law or government order; labor disputes (including strikes); Internet connectivity failures, cyberattacks, or other similar events. The affected party shall immediately notify the other party, specifying the nature and extent of the event.
12.2. Neither party shall be deemed to be in breach of contract or liable to the other for any delay or failure to perform its obligations to the extent that such delay or failure is due to a force majeure event that has been duly notified. Performance deadlines shall be extended accordingly.
12.3. In the event that the force majeure continues for a period exceeding two (2) months, the contractual relationship may be terminated by either party by written notice, without prejudice to Publicit’s obligation to reimburse the amounts corresponding to the contracted but unperformed services.
13.1. Any notice or communication required between the parties shall be sent to the address designated by Publicit or by the User on the Platform, or via email to the addresses provided, and the parties agree to notify each other of any changes.
13.2. Communications and notifications shall be made in writing and sent by any means that provides proof of dispatch and receipt by the recipient.
13.3. Use of Third-party Services
13.4. The Service may contain links to third-party properties, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain features of the Service may require your use of third-party services, which are subject to the terms and conditions of such third parties available through their services. We do not endorse or assume any responsibility for any Third-Party Services. If you access a Third-Party Service from the Service or share your Creatives or Output on or through any Third-Party Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of any Third-Party Service. You expressly release Publicit from any liability arising from your access to and/or use of any Third-Party Service.
13.5. Our Publicity Rights
13.6. We may identify you as a User in our promotional materials. We will cease to do so immediately upon receiving your request sent to legal@publicit.es.
14.1. Integrity. These Terms, together with the Framework Agreement (if signed and subject to the established terms of applicability), constitute the entire agreement between the parties regarding the use of the Platform and supersede any other prior agreements, arrangements, negotiations, and communications, whether oral or written, relating to the same subject matter.
14.2. Modifications. Publicit reserves the right to modify these Terms at any time. The User will be notified of any modifications through the Platform or in writing. Continued use of the Platform following notification of the modifications shall constitute acceptance of such modifications.
14.3. Severability. In the event that any provision of these Terms is declared null and void or unenforceable, such invalidity shall not affect the validity of the remaining provisions. The affected provision shall be replaced by a new provision that most closely reflects the original intent of the parties.
14.4. No Waiver. The failure of either party to exercise any right or provision contained in these Terms shall not constitute a waiver thereof, unless acknowledged and agreed to in writing.
14.5. The headings of the various sections are for informational purposes only and shall not affect, qualify, or expand the interpretation of these Terms.
14.6. Commercial Nature. The relationship between Publicit and the User is exclusively commercial in nature. No employment relationship or bond of any kind is established between the parties.
14.7. Contact. If you have any questions about these Terms and/or the Service, please contact us at legal@publicit.es.
15.1. These Terms shall be governed by and interpreted in accordance with Spanish law, which shall be exclusively applicable to matters not expressly provided for herein, as well as to the interpretation and resolution of any disputes that may arise.
15.2. For any matters arising from these Terms, the parties, expressly and voluntarily waiving any jurisdiction to which they might otherwise be entitled, submit to the jurisdiction of the courts and tribunals of the city of Madrid.