Agreement and contracting entity
These terms form an agreement between you and the applicable lkzAi contracting entity: Lkz Systems LLC, Lkz Media Ltd., Revenue Brothers Inc., or Lkz Servicing S.A., depending on your jurisdiction. In these terms, that entity is called the “Company,” and the person or organization using the services is called the “Publisher.”
By applying for an account, creating an account, or using an lkzAi service, you confirm that you have authority to bind the Publisher and agree to these terms. If you do not agree, do not access or use the services.
A separate order form, commercial agreement, or account-specific setting may contain additional terms. If it expressly conflicts with these terms, the more specific written agreement controls for that subject.
The services
lkzAi provides advertising technology and related monetization services. These may include ad delivery, demand access, reporting, optimization tools, account support, and an online interface for reviewing performance and payment information.
The Publisher appoints the Company to sell and deliver advertising on the websites, apps, games, or other digital properties approved for the account. The parties may agree on permitted markets, demand sources, placements, formats, and minimum rates.
The Company may use the Publisher’s name, logo, and screenshots to identify the Publisher as a customer or partner, unless the parties agree otherwise in writing.
Publisher responsibilities
The Publisher must:
- Provide accurate, complete, and current account, payment, and property information.
- Have the rights, permissions, licenses, and authority needed to operate its properties, display advertising, use the services, and grant the rights described in these terms.
- Install and use lkzAi technology in accordance with the technical instructions and approval process provided for the account.
- Provide reasonably requested analytics, audience, and performance information needed to deliver and improve the services.
- Keep its account credentials secure and promptly tell lkzAi about suspected unauthorized access.
- Comply with applicable laws, industry rules, platform policies, and the policies of advertising and demand partners used through the services.
Content and operations
A Publisher property must not contain unlawful, defamatory, obscene, infringing, deceptive, or malicious material. It must not distribute malware or code intended to damage, disrupt, intercept, or obtain systems, data, or personal information without authorization.
Publishers may request blocks on advertising categories or domains. A block may take time to propagate across advertising systems, and the Company cannot guarantee that every request takes effect immediately.
Privacy, notice, and consent
The Publisher must maintain an accurate privacy notice on each property using the services. That notice must explain the relevant collection, use, and sharing of data by the Publisher, lkzAi, and advertising partners.
Where law requires consent, the Publisher must obtain legally valid consent before lkzAi or its partners collect or use data for personalized advertising. This includes consent required for device identifiers, precise location, demographic or interest information, cookies, and similar technologies. The Publisher must also provide a way for users to withdraw consent where required.
The Publisher must comply with the lkzAi Privacy policy and must not cause the Company to violate applicable privacy or data protection law.
Company responsibilities
The Company grants the Publisher a limited, non-exclusive right to use the services during the term of the agreement. The Company will use commercially reasonable efforts to sell and deliver advertising, subject to available demand, partner policies, technical conditions, and any minimum rates agreed with the Publisher.
The Company will make reporting available through the platform or by email. Reporting is provided for account management and informational purposes. Amounts shown are not due until the Company receives the corresponding funds from the relevant advertiser, exchange, or demand partner.
Revenue, fees, and payments
The Publisher’s revenue share, payment schedule, minimum payout, payment method, and any service fees are the terms shown in its account, order form, or other written commercial agreement with the Company.
Payment is conditional on the Company receiving the corresponding funds from the advertiser, exchange, or demand partner. The Company is not responsible for amounts that a third party does not pay because of fraud, insolvency, chargeback, dispute, policy enforcement, or another reason outside the Company’s reasonable control. If only part of an amount is received, the Company may allocate the received funds among eligible publishers on a reasonable pro rata basis.
Each party is responsible for its own taxes, bank charges, conversion costs, and other amounts imposed on it unless a written commercial agreement states otherwise. The Company’s reporting and records will be used to calculate amounts due, subject to correction of errors and valid adjustments from advertising partners.
Term and termination
These terms begin when the Publisher creates an account or first uses a service and continue until terminated. The Publisher may terminate on 30 days’ written notice. The Company may terminate with or without cause and without prior written notice. Either party may also terminate immediately for a material breach that is not cured within 30 days after written notice describing the breach.
When the agreement ends, the rights granted under it end. Each party must stop using the other party’s confidential information, systems, content, and marks except where continued use or retention is required by law or is reasonably necessary to complete payment, reporting, dispute, or recordkeeping obligations.
Terms that by their nature should continue after termination remain in effect, including provisions on payment, confidentiality, intellectual property, disclaimers, liability, indemnity, and dispute resolution.
Confidentiality and intellectual property
Each party keeps ownership of its systems, content, data, methods, technology, and trademarks. Except for the limited rights needed to provide or use the services, these terms do not transfer ownership between the parties.
Each party may receive non-public business, technical, financial, or customer information from the other. The receiving party must protect that information with reasonable care, use it only for the agreement, and disclose it only to people who need it and are subject to appropriate confidentiality duties.
A party may disclose confidential information when legally required, but where permitted it must give prompt notice and reasonable cooperation so the other party can seek confidential treatment or another protective measure.
Warranties and indemnity
Each party represents that it has authority to enter into the agreement. The Publisher also represents that its properties, content, data, advertising, and use of the services comply with applicable law and do not infringe another person’s rights.
The Company will defend and indemnify the Publisher and its officers, directors, employees, and agents against third-party claims, damages, losses, and reasonable legal costs arising from the Company’s breach of these terms or from infringement caused by the Publisher’s authorized use of Company systems or content. The Publisher must give prompt notice and reasonable cooperation. The Company controls the defense, but any settlement requires the Publisher’s prior consent, which must not be unreasonably withheld.
Disclaimers and limits of liability
Except for commitments expressly stated in a written agreement, the services are provided as available. The Company does not guarantee demand, fill rate, revenue, advertising price, uninterrupted operation, or a particular business result.
To the fullest extent permitted by law, the Company is not liable for punitive, incidental, indirect, special, reliance, or consequential damages, or for lost business, revenue, data, or anticipated profit arising from the services or these terms, even if advised that the loss was possible.
To the fullest extent permitted by law, the Company’s total liability arising from the services or these terms will not exceed USD 500. This limit does not increase because more than one claim is made. The Company is not liable for publisher payments it did not receive from the corresponding advertiser, exchange, or demand partner.
General terms
- Independent contractors. The parties are independent contractors. These terms do not create employment, agency, joint venture, or partnership.
- Assignment. Neither party may assign the agreement without the other party’s prior written consent.
- Force majeure. Neither party is responsible for delay or failure caused by events beyond its reasonable control, provided it gives notice where practicable and uses reasonable efforts to reduce the effect.
- Severability and waiver. If a provision is unenforceable, it will be modified only as much as needed and the remaining provisions stay effective. A waiver must be in writing and applies only to the specific instance stated.
- Notices. Required notices must be in writing and delivered to the contact information associated with the relevant account or agreement.
- Governing law. Unless a separate written agreement states otherwise, these terms are governed by the laws of Hong Kong and the courts of Hong Kong have exclusive jurisdiction.
- Entire agreement. These terms and any applicable order form or written commercial agreement are the entire agreement about the services and replace earlier discussions or understandings on the same subject.
Contact
Questions about these terms can be sent to [email protected].