Published: 01.01.2020
Updated: 26.12.2022
Please read these terms and conditions (“T&C”) before pressing the “Signup” button at the bottom of the signup page. By pressing “Signup” you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms and conditions of this agreement, press “Cancel” and you will be unable to participate on the traforama’s website.
Zumaleto OU (“DSP“, “Traforama”) is a company incorporated and registered in Estonia, having its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivarava tn 50-201, 10152, Estonia.
The DSP is the owner of the Software allowing to purchase Traffic Services;
The Advertiser receives the Web Traffic through Feeds, in accordance with Open RTB Protocol or through Direct Campaigns;
The Advertiser examined entirely and comprehensively the substance of the Software and became satisfied with its quality, taking into account that the Software is provided under the condition “as is”;
The Advertiser is responsible for paying DSP for Traffic Services generated by DSP based on DSP reports. DSP will provide the aggregated reports of the Traffic Services cost on a daily basis on the Official Website to the Advertiser. The reports will reflect the total spend and ad impressions count from DSP’s data-tracking system.
1. Definitions
1.1. The Official Website is the website on the Internet where the Software is published, namely: https://www.traforama.com/
1.2. The Software is the technology, that allows delivering the Web Traffic to the Advertiser on a CPM, or CPC basis depending on how it is established in this Agreement and provides other functionality in the field of real-time advertisement bidding.
1.3. Traffic Services is the services provided by the DSP through the Software, consisting in the delivery of the Web Traffic to the Advertiser on a CPM or CPC basis depending on how it is established in this Agreement, namely, placement the advertisements on the third parties websites.
1.4. The Publisher is any third party that is owned and/or operated websites, applications, or other content sources where the DSP intends to place Advertiser Promotion Materials through Feeds, in accordance with Open RTB Protocol or through Direct Campaigns.
1.5. Feed is a special URL provided by the Advertiser to be set up on the Software independently by the DSP in order to be able to provide the Traffic Services.
1.6. Open RTB Protocol - rules of implementation of automated trade with the Web Traffic, at the time of signing the Agreement described in the document https://www.iab.com/wp-content/uploads/2016/03/OpenRTB-API-Specification-Version-2-5-FINAL.pdf
1.7. Direct Campaign is a specific entity in the Software interface where the Advertiser may place the Promotion Materials in order DSP to provide the Traffic Services.
1.8. The DSP Reporting System is the API reporting URL and the Software interface provided by the DSP that shows real-time statistics for clicks and/or impressions and, therefore, reflects the Advertisers’ spending.
1.9. Personal Data means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified or contacted. Personal Data is defined under the applicable law.
1.10. Web traffic means any in-page push traffic, popup traffic, interstitial, video traffic, display traffic, and other types of web traffic which are delivered through the Software.
1.11. Promotion Materials means the text, graphics, logos, designs, trademarks, landing page URLs, hyperlinks, and videos for any type of advertising including, but not limited to in-page push traffic, popup traffic, interstitial, video traffic, display traffic implemented by the Advertiser to the Software.
1.12. The Advertiser Account means a personal account on the Official Website that was created by the Advertiser. The Advertiser must complete registration by confirming email and providing accurate personal data.
2. Services Provision
2.1. Services Period. The DSP agrees to provide The Traffic Services during the term of this Agreement. Each Party may suspend the Traffic Services provision upon written notice sent to the other party 48 hours before such suspension.
2.2. The Services are provided via Feed, Open RTB Protocol, or Direct Campaign.
2.3. Setups
2.3.1. Feed setup (for the case of providing the Services via feed). The Advertiser acknowledges and agrees that it should set up Feed in order to be able to receive the Traffic Services. The Advertiser bears full responsibility for the Feed setup. In case the bid request or/and bid response fields are incorrectly set up by the Advertiser (e.g., Advertiser mixed the field responsible for delivering clicks from the DSP and used an incorrect filed from the bid response to receive clicks/impressions from the DSP) or the Advertiser made other mistakes while carrying out Feed setup, the DSP reserves the right charge for all Web Traffic sent within the Traffic Services that is reflected in the DSP’ Reporting System.
2.3.2. Open RTB Protocol setup (for the case of providing the Services via Open RTB Protocol). The Advertiser acknowledges and agrees that for provision of the Services via Open RTB Protocol setup in accordance with the rules of the Protocol is required. The Advertiser bears full responsibility for set up in accordance with Open RTB Protocol rules. In case the Advertiser makes some mistakes in setting up in accordance with Open RTB Protocol rules the DSP reserves the right to charge for all Web Traffic sent within the Traffic Services that is reflected in the DSP’ Reporting System.
2.3.3. Direct Campaign setup (for the case of providing the Services via Direct Campaign). The Advertiser acknowledges and agrees that it should set up the Direct Campaign in order to be able to receive the Traffic Services. The Advertiser bears full responsibility for the Direct Campaign setup. In case any field is incorrectly set up by the Advertiser (e.g., landing page URLs, hyperlinks don't work ) or the Advertiser made other mistakes while carrying out Direct Campaign setup, the DSP reserves the right charge for all Web Traffic sent within the Traffic Services that is reflected in the DSP’ Reporting System.
2.4. Advertising Management
2.4.1. The Advertiser may manage Feeds and/or Direct Campaigns through the Official Website by setting budgets, targeting filters, and all other information relevant to Feeds and Direct Campaigns.
2.4.2. The Advertiser expressly agrees to any changes to Feed or Direct Campaign settings that are made through the Official Website, LiveChat, or by email.
2.4.3. If problems arise with the performance of the Feed and/or Direct Campaign, the Advertiser may with at least three (3) business days’ notice, request the Feed and/or Direct Campaign to be temporarily suspended to allow the parties to resolve and repair any possible issues.
2.5. The Promotional Materials verification. The Advertiser undertakes to check all Promotional Materials provided to the Software and urgently remove it, in case of suspected inappropriate content. Inappropriate content includes but is not limited to:
2.6. The Advertiser is the owner or is licensed to use the Advertising Materials.
2.7. The DSP reserves the right to suspend or deactivate the Advertiser Account if there is a reason to believe or suspect that the Advertiser is in breach of this Agreement or other legal obligation (including fraudulent activity or in case if the Promotional Materials may include inappropriate content or misleading advertising) without prior notice or liability.
2.8. The DSP responsibility. The DSP is not responsible for the quality of the delivered traffic. The DSP undertakes to provide to the Advertiser the full list of traffic sources and give the advertiser the ability to disable any suspicious traffic sources.
3. Payment
3.1. Payment terms. The DSP undertakes to credit the Advertiser account balance within three (3) business days after receiving proof of payment. The Advertiser must provide The DSP with proof of payment.
3.2. The currencies of all settlements between the Parties are US Dollars, but by agreement of the parties, settlements can be in Euros.
3.3. To converse currencies, Parties will use Exchange Rate of the European Central Bank on the date of the invoice: https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/eurofxref-graph-usd.en.html
3.4. The Advertiser must initially fund the balance on the Advertiser Account with at least $100.00 (one hundred US Dollars) to activate Feeds and/or Direct Campaigns. If the balance on the Official Website is reduced to null, the Advertiser Account shall be put on hold, and all Feeds and/or Direct Campaigns shall be paused until the Advertiser deposit further funds in Advertiser Account. As soon as a deposit is furthered funds in the Advertiser Account, all Feeds and/or Direct Campaigns previously paused due to insufficient funds shall be reactivated.
3.5. Taxes and other fees. All payments do not include taxes, duties, fees, and other amounts assessed or imposed by any government entity or banks. The Advertiser bears all payment costs in connection with funds transfers.
3.6. Invoicing. The invoice information form must be filled out before using certain payment methods. The Advertiser expressly accepts to be solely responsible for providing accurate personal data which is fully and legally compliant for the purposes of invoicing and taxation.
3.7. Refunds. The Advertiser reserves the right to receive the unused amount of the paid balance if the amount exceeds 100 U.S. dollars. The DSP undertakes refund unused funds within thirty ( 30 ) working days after receiving a request from the Advertiser by email to support@traforama.com.
3.8. Advertiser is responsible to provide current and accurate payment information, including any updates (including TAX/VAT number validation changes if applied).
3.9. Provided payment details must belong to the owner of the Company and can’t belong to the third party.
4. Force majeure
4.1. The Parties are exempt from liability for partial or entire failure to perform their obligations under the Agreement provided such failure resulted from circumstances of extraordinary nature that occurred after the Agreement had been concluded. Such circumstances of extraordinary nature include exclusively the events beyond the control of the Party and the Party is not responsible for their emergence or is not able to avoid or overcome them, in particular floods, fires, earthquakes, volcanic eruptions, tsunami, accidents of anthropogenic nature, national strikes, international agreements prohibiting operations subject to implementation within the framework of the Agreement, actions (inactions) of state institutions and (or) state officials, illegal activities of third persons. The circumstances eliminating liability from the Party include governmental regulations or decrees of state institutions that make compliance with the obligations by the Parties impossible.
4.2. The Party referring to the circumstances of an extraordinary nature shall inform the other Party in writing within five (5) days on such circumstances of extraordinary nature appearance and prove its emergence with official documents of the relevant chamber of commerce and industry or another competent institution of the relevant country.
4.3. Provided that any of the above-mentioned in clause 7.1 hereof circumstances directly affect fulfillment of obligations in due term stipulated in the Agreement the said term shall be postponed commensurably for the term of the relevant action validity.
5. Personal Data
5.1. Each Party shall comply with its obligations under all data protection laws in respect of the Services and the Software to be provided under this Agreement to each other.
5.2. The Advertiser agrees in respect of any such Personal Data supplied to it by the DSP that it shall only act on instructions from the DSP regarding the processing of such Personal Data under this Agreement and shall ensure that appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of the Personal Data and against accidental loss or destruction of or damage to the Personal Data.
6. Privacy policy
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service. The top of the Privacy Policy will indicate the date that amendments were last made. No other notification may be made to you about any amendments, so periodically check the Privacy Policy for changes. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
7. Disclaimer
We do not control or verify any content provided by publishers and therefore we will not accept any and hereby exclude all legal liability for such information or content.
In no event will either party be responsible to the other party for any consequential, special, punitive, or other damages, including lost revenue or profits, arising out of or related to this agreement, even if a party has been advised of the possibility of such damages. In no event will either party’s liability to the other party exceed the total amount actually paid by Advertise to Traforama during the three-month period prior to the first date on which the liability arose.
8. Force majeure
Traforama will not be liable for failing to perform under these Terms and Conditions by the occurrence of any event beyond its reasonable control, including, without limitation, a labour disturbance, an internet outage or interruption of service, a communication outage, a failure by a service provider to Traforama to perform, fire, threatened or actual act of terrorism, natural disaster or war.
9. Confidentiality
Any information relating to or disclosed in the course of this agreement that is or should be reasonably understood to be confidential or proprietary to Traforama, including the terms of this agreement, information about Traforama, technical process, marketing guidelines, product designs, business plans, and marketing data, will be kept confidential by Advertiser. Furthermore, Advertiser specifically agrees not to disclose our Service rates or to provide copies of screenshots of any of our websites including but not limited to the Traforama's website.
The Traforama’s website provides you with access to Traforama’s reports, creative, campaign, payment, and other information. All information and materials on the Traforama’s website are the proprietaries and copyrighted property of Traforama or its licensors.
Any other use of the Traforama’s website without Traforama’s prior written consent is prohibited, including: (a) any resale or commercial use of the Traforama’s website or Information; (b) the retransmission, distribution, display or publication of the Information or any other materials available on the Traforama’s website; (c) making derivative uses of the Traforama’s website and Information; (d) downloading any portion of the Traforama’s website or any Information, except as expressly permitted on the Traforama’s website; or (e) any use of the Traforama’s website or Information other than for its intended purpose.
10. Term
This Agreement will commence when Traforama approves your registration and shall continue for a period of one year (the “Term”). Thereafter, this Agreement will automatically renew for successive one-year terms.
Termination. Either party may terminate this Agreement at any time upon five days written notice to the other party. Traforama may immediately terminate this Agreement if Advertiser is in breach of any terms of this Agreement.
11. Survival
All provisions by their nature that are intended to survive termination or expiration of this agreement, including those regarding confidentiality, representations, indemnification, and payment of fees, will survive the termination or expiration of this agreement.
Traforama reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Site.
