1. Introduction

Welcome to Madgic's Advertiser Platform. These Terms of Use govern your access to and use of the Madgic advertiser platform, including any content, functionality, and services offered on or through our website (the "Service").

Please read these Terms of Use carefully before you start using Madgic. By using the Service, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these terms, you must not access or use the Service.

2. Definitions

"Madgic," "we," "us," and "our" refer to Madgic and its affiliates.

"You" and "your" refer to the individual or entity accessing or using the Service as an Advertiser.

"Advertiser" refers to any individual or entity that places advertisements on the Madgic platform.

"Publisher" refers to any individual or entity that provides content or inventory for advertisements on the Madgic platform.

"Content" refers to all text, images, videos, audio, or other material that is uploaded, posted, or otherwise made available through the Service.

"Advertisements" refers to all advertisements, promotions, or marketing materials submitted to and distributed through the Madgic platform.

3. Account Registration and Eligibility

To access the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms of Use.

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Advertiser Specific Terms

4.1 Ad Content Guidelines

As an Advertiser, you are solely responsible for all advertisements and related content that you submit to the Service. You agree that all advertisements will comply with these Terms of Use, our Advertising Policies, and all applicable laws and regulations.

You represent and warrant that your advertisements:

• Do not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party

• Are not false, misleading, or deceptive

• Do not promote illegal products, services, or activities

• Do not contain material that is defamatory, obscene, offensive, harassing, or otherwise objectionable

• Comply with all applicable laws and regulations, including those governing advertising, marketing, privacy, and data protection

• Do not contain malware, viruses, or other malicious code

4.2 Ad Placement and Distribution

Madgic will distribute your advertisements across our network of Publishers based on contextual relevance, targeting criteria, and other factors determined by our algorithms and systems. We do not guarantee:

• Placement on specific Publisher properties

• Exact timing of ad display

• Specific performance metrics (clicks, conversions, etc.)

• Exclusivity within content categories

Madgic reserves the right to reject, remove, or require modifications to any advertisement at any time, for any reason, without notice.

4.3 Payment and Billing

Advertisers agree to pay all fees associated with their advertising campaigns. Payment terms and billing procedures will be governed by the rates and terms set forth on the platform or in separate agreements.

Advertisers will be charged $3.00 USD per 1,000 impressions (CPM) and $1.00 USD per click. Madgic reserves the right to change its pricing with a minimum of two (2) weeks' written notice to Advertisers. Any changes to payment terms will be effective after the notice period.

You are responsible for providing accurate billing information, authorizing charges to your payment method, and ensuring sufficient funds are available. We may suspend or terminate your access to the Service in the event of payment failures or disputes.

4.4 Campaign Management and Reporting

The Service provides tools for campaign management, targeting, and performance reporting. You are responsible for:

• Setting appropriate campaign parameters and budgets

• Monitoring campaign performance and making adjustments as needed

• Verifying the accuracy of reporting data and raising discrepancies within 30 days

Madgic makes reasonable efforts to provide accurate reporting but does not guarantee 100% accuracy. Minor discrepancies in impression counts, click counts, or other metrics may occur and shall not constitute a breach of these Terms.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law

• Harassing, threatening, or intimidating any other user of the Service

• Impersonating or attempting to impersonate Madgic, a Madgic employee, another user, or any other person or entity

• Engaging in any activity that interferes with or disrupts the Service or servers or networks connected to the Service

• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service

• Using any automated means or interface not provided by us to access the Service or to extract data

• Creating multiple accounts to evade restrictions or exceed limits

• Selling, transferring, or sharing your account access

• Engaging in click fraud, impression fraud, or other activities designed to artificially inflate advertising metrics

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Madgic and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You retain all rights to your advertisements and other content you submit to the Service. By submitting advertisements or other content to the Service, you grant Madgic a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing the Service and promoting Madgic's business.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MADGIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MADGIC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADGIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE

• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE

• ANY CONTENT OBTAINED FROM THE SERVICE

• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

• THE PERFORMANCE OR NON-PERFORMANCE OF YOUR ADVERTISEMENTS

IN NO EVENT SHALL MADGIC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO MADGIC DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Madgic, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Use

• Your advertisements or content submitted to the Service

• Your use of the Service

• Your violation of any rights of another person or entity

• Any claims related to your products or services advertised through the Service

This indemnification obligation will survive the termination of these Terms of Use and your use of the Service.

10. Termination

Madgic may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms of Use.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms of Use or the Service shall be exclusively brought in the federal or state courts located in Israel, and you consent to the personal jurisdiction and venue of such courts.

12. Changes to Terms of Use

Madgic reserves the right to modify or replace these Terms of Use at any time. We will provide notice of any changes by posting the updated Terms of Use on this page and updating the "Last Updated" date at the top of this page.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to the new terms, you must stop using the Service.

Madgic reserves the right to modify payment terms, including rates and payment schedules, with a minimum of two (2) weeks' written notice to Advertisers.

13. Contact Information

If you have any questions about these Terms of Use, please contact us at:

Madgic
contact@madgic.ai