Terms & Conditions

PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR HEADER BIDDING MANAGER. PARTICIPATION IN ITS SERVICES INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS INCLUDING ANY CHANGES OR MODIFICATIONS WE MAY MAKE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER OR CONTINUE TO PARTICIPATE.

Definitions

Header Bidding Manager provides a service for optimizing online ad revenues using our custom online wrapper builder, gives tools to serve online advertisement on your website(s), collects statistics numbers and provides you with reporting interface. Subject to the terms and conditions of this Agreement, Header Bidding Manager may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”), solely for User’s own use, and not for the use or benefit of any third party. Header Bidding Manager reserves the right, at its discretion, to modify this User Agreement at any time. User shall be responsible for reviewing and becoming familiar with any such modifications including but not limited to scope of service, rates and prices. Use of the Services by User constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.

Registration and user account

You must be registered in order to use the Service. In order to apply for registration, you must complete our online application form in which we will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to register. You must provide true, accurate and complete information. Note that we may, in our sole discretion, decline your registration application.

Login to the Service is authenticated with a password, which you should periodically change. You must maintain the confidentiality of your Service account login details.

In order to apply for paid services, you must complete our personal information and payee information form in which we will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to participate in paid services. You must provide true, accurate and complete information.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of access to Services. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Header Bidding Manager user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

By entering this agreement, You represent that You are at least 18 years of age or reached the age of majority in the jurisdiction of your residence. You represent that you are a domain owner or you are authorized to enter this agreement with Header Bidding Manager by domain owner.

Use, Data

Subject to these Terms and the completion of your registration, you may, during the Term, access and use the Service and the Service Output Data, strictly for your internal business purposes, and copy, install and use the Client Code on webpages that you lawfully own or control.

We will collect and process Your User Data, which consists of Users’ Internet Protocol address, basic information about the computer device they use to access Service, the browser they use, its version and language, the general geographic area they are located in, a unique identifier we assign to each User’s device, their session duration, and their interactions.

User Data may include personal data or personally identifiable information subject to applicable data protection and privacy laws and regulations.

We will retain User Data during the Term, for the retention period you specify through the Service’s settings. We may delete You Data (including User Data) from the Service, immediately upon termination of your account and subscription.

We may store and process Your Data on servers located in territories outside the country in which the Users are located and/or outside the country in which User Data is collected. The laws of such territories may provide a lesser degree of data protection than the laws in the country in which the Users are located.

We will process, handle and use Your Data (by ourselves or using trusted third party service providers such as cloud service providers, payment service processors) for the following purposes:

• To provide the Service to you, conduct administrative, financial and technical activities necessary to maintain and provide the Service and to improve and customize the Service;
• To enforce these Terms, take any action in any case of dispute, or legal proceeding of any kind involving you, Users or relevant vendors, with respect to the Service;
• To prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Service;
• If we are required, or reasonably believe we are required, by law, to share or disclose Your Data, or if such sharing or disclosure is required pursuant to a subpoena, order, or decree, issued by a competent judicial or administrative authority, provided that, to the extent legally permitted, we will endeavor to give you prompt notice of the requirement prior to such disclosure, to allow you, at your cost and expense, to intervene and protect its interests in Your Data.

Other than expressly set forth in these Terms, we will not use, share or disclose Your Data or any de-identified data derived from Your Data, without your prior written consent. For the avoidance of any doubt, we will not derive any commercial benefit, whether direct or indirect, from Your Data or de-identified data derived from Your Data, except to the extent permitted under these Terms or if such benefit may be derived in accordance with a separate written agreement between the Company and you.

We will dedicate our best efforts, using no less than commercially reasonable measures, to maintain the confidentiality of Your Data that we are exposed to, and to prevent and refrain from, disclosure or use of Your Data for purposes other than those specified in these Terms. Our personnel will access Your Data on a strict ‘need to know’ basis, subject to these Terms.

You assume sole and exclusive responsibility to carry out such actions as you deem appropriate as a result of the Output Data. We have no responsibility or liability, regarding your reliance upon, or use of, the Output Data, your actions or omissions in connection with the Output Data, or any consequences resulting therefrom.

User Data and Privacy

You agree not to misrepresent your site traffic, audience, or user activity in connection with Header Bidding Manager, the Service. You agree not to use Service in connection with (including but not limited to) any adware or spyware inventory, or any ad campaign on your site revealing precise geographic location, specific health / medical / sex-life information, credit card or financial data, or criminal convictions or charges, other sensitive personal data including racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership. If you represent to Header Bidding Manager (e.g., during the sign-up process) that your accounts is not directed to kids under 13, you agree not to use Service in connection with kids under 13. You will not modify the code provided by the Service other than as described in a Header Bidding Manager account.

You agree to provide notice to site visitors, in your Privacy Policy and separate footer link, that your site permits data collection for interest-based advertising, a description of the data collected, and the means of collection, as well as to provide a link to an opt-out mechanism, such as the NAI or DAA opt-outs (or EDAA, for EU publishers). If you use the Services to collect data from a network of domains or subdomains, you will inform each in advance that your service permits data collection for interest-based advertising, a description of the data collected, and the means of collection, as well as a requirement that each provide a link to an opt-out mechanism.

National and international laws and regulations change rapidly around technology and privacy. You agree to comply with all applicable laws (including, where applicable, EU Directive 95/46/EC (GDPR) and Directive 2002/58/EC as amended), regulations, industry self-regulation, and third-party rights in connection with the Services and our use of anonymous visit information (including unique user IDs) for interest-based advertising. You agree not to (i) use the Services to track or collect personally identifiable information of Internet users (or “personal data” of Internet users within the meaning of EU Directive 95/46/EC), or (ii) provide to Header Bidding Manager any personally identifiable information (or personal data) of any internet user. You agree to prominently display a user friendly, easily accessible, clear and comprehensive privacy policy (and, if necessitated by applicable law, a separate cookie policy) on your website. Such a policy will comply with all applicable laws.

Fees and Payments

Some of the Services may require payment of fees, some are free of charge. Actual information about fees User may find on the appropriate page of this Site or, as registered User, inside its User’s Interface. Paid services are offered in “Payment for the amount of Ad Requests” mode so You agree to provide Header Bidding Manager with necessary payment information, keep it in the true, accurate and complete state, reserve funds on your card before the payment. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Header Bidding Manager reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site. Header Bidding Manager reserves the right to block access to it’s Services upon non-payment case. Use of the Services by User following such notification constitutes User’s acceptance of any new or increased charges.

Restrictions

Except as relevant law may otherwise require to be permitted, you may not modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service, or otherwise attempt to discover its underlying code, structure, implementation or algorithms.

• You may not use the Service in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service.
• Except for Your Data, you may not offer the Service to third parties, including by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning or redistributing the Service or any part thereof.
• You may not perform or attempt to breaching the security of the Service, identifying, probing or scanning any security vulnerabilities in the Service,
• You may not perform or attempt to accessing data not intended for you, or accessing an account you are not authorized to access;
• You may not perform or attempt to interfering with, circumventing, manipulating, overloading, impairing or disrupting the operation, or the functionality of the Service;
• You may not perform or attempt to working around any technical limitations in the Service;
• You may not perform or attempt to using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• You may not perform or attempt to impersonating any person or entity, or make any false statements pertaining to your identity;
• You may not perform or attempt to collecting or processing information or data about the Service’s subscribers, sending any virus, worm, trojan horse or other malicious or harmful code or attachment, using robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service.
• You may not use the service for any activity that constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Term and Termination

Either Header Bidding Manager or User may terminate this Agreement at any time. Without limiting the foregoing, Header Bidding Manager shall have the right to immediately terminate User’s Account in the event of any conduct by User which Header Bidding Manager in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

Service quality, Service modifications, Disclaimer of Warranty and Limitation of Liability

User expressly agrees that use of Header Bidding Manager is at user’s sole risk. Neither Header Bidding Manager, Its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Header Bidding Manager will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Header Bidding Manager, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Header Bidding Manager.

Header Bidding Manager is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Header Bidding Manager Is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

In no event will Header Bidding Manager or any person or entity involved in creating, producing or distributing Header Bidding Manager or the Header Bidding Manager Software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Header Bidding Manager. User hereby acknowledges that the provisions of this section shall apply to all content on the site.

In addition to the terms set forth above neither, Header Bidding Manager, Nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Header Bidding Manager Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Intellectual Property, Trademarks

The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Service is made available for use and access, not sold or licensed. All rights, title and interest, including copyrights, patents, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service or any part thereof, including computer code, graphic design, layout and the user interfaces of the Service are and will remain at all times, owned by, or licensed, to us.

Unless you notify us otherwise in writing, we may identify you as a customer and indicate you as a customer and user of the Service, on our website and in other online or offline marketing materials and press releases.

Header Bidding Manager its logos are trademarks of Header Bidding Manager All rights reserved. All other trademarks appearing on Header Bidding Manager are the property of their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Indemnity

You agree to indemnify and hold harmless us and our directors, officers, employees, and subcontractors, upon our request and at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any third party complaint, claim, plea, or demand in connection with your breach of any provision or representation herein.

Relationship of the parties

The relationship between the parties hereto is strictly that of independent contractors, and neither party is an agent, partner, joint venturer or employee of the other.

Complete Terms and Severability

These Terms constitute the entire and complete agreement between you and us concerning the subject matter herein. These Terms supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.

No waiver

Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of these Terms. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.

Refunds

You can delete your account at any time by providing Header Bidding Manager with written notice that you wish to do so. Header Bidding Manager will refund the unused balance , minus an administrative fee of 15%, within 30 days.

Header Bidding Manager will only send refunds to the source from which payment was made. For example, if you paid by credit card, Header Bidding Manager will only process refunds to the same credit card. You may be required to provide additional information or documentation in order for Header Bidding Manager to confirm your identity, before any refund request will be processed. Header Bidding Manager shall not provide refund to the it’s Users who breaches Terms of Service. In this case, Header Bidding Manager reserves the right to suspend User’s account until breach is fixed.

If User is switching back from Paid to Free account no refund is allowed since User still use Header Bidding Manager for it’s benefit. User agree and accept that any charge-back which is out of conform with above writtenterms is illegal within the confines of our service and would be contested.

Last update: December 01, 2022

FM Labs LLC
201 Spear St, 1100 #3001
San Francisco, CA 94105, USA
+1 415 508 4529
support@headbidder.net