Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the TrafficSigma website at trafficsigma.com, the TrafficSigma platform, and any related content, tools, documentation, and communications (together, the "Site and Services"). By visiting the Site, creating an account, or otherwise using the Services, you agree to these Terms. If you do not agree, please do not use the Site and Services.

These Terms are the general framework. Your specific commercial relationship with us is governed by the role-specific agreement that applies to you: the Advertising Agreement if you buy traffic, and the Publisher Terms if you monetize traffic. Where a role-specific agreement conflicts with these Terms, the role-specific agreement prevails for that subject matter.

1. Who we are and how to contact us

The Site and Services are operated by TrafficSigma ("TrafficSigma", "we", "us", "our"). Our full corporate identity, registered office, and company registration details are set out here: [COMPANY LEGAL NAME, REGISTERED ADDRESS, AND COMPANY REGISTRATION NUMBER - TO BE COMPLETED BY THE COMPANY]. You can reach us at any time at [email protected].

2. Eligibility

The Site and Services are intended for businesses and professional users. By using them you confirm that you are at least 18 years old, that you have the legal capacity to enter into a binding contract, and that, where you act for a company or other legal entity, you are authorized to bind that entity. You also confirm that you are not located in, established in, or acting on behalf of any person or entity subject to sanctions or trade restrictions that would prohibit us from providing the Services to you.

3. Accounts and security

Some parts of the Services require an account. You must provide accurate, current, and complete registration information and keep it up to date. You are responsible for safeguarding your credentials, for enabling any security features we make available, and for all activity carried out under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We may refuse, suspend, or close accounts where we reasonably suspect fraud, abuse, sanctions exposure, or a breach of these Terms.

Accounts are personal to the account holder. You must not sell, rent, share, or transfer your account, and you must not create accounts by automated means or to evade a suspension.

4. Permitted use of the Site

When using the Site and Services, you must not:

• Use them for any unlawful, infringing, deceptive, or harmful purpose.
• Scrape, crawl, harvest, or bulk-download content except as permitted by our robots directives, or use automated means to place undue load on our infrastructure.
• Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any authentication, rate-limiting, or security measure.
• Reverse-engineer, decompile, or attempt to derive the source code of any part of the Services, except to the extent this restriction is prohibited by applicable law.
• Introduce malware, launch denial-of-service attacks, or otherwise interfere with the integrity or performance of the Services.
• Misrepresent your identity, affiliation, or the origin of any traffic or content.

Campaign, creative, offer, and traffic-level rules are set out separately in our Acceptable Use & Prohibited Content Policy, which forms part of these Terms.

5. Intellectual property

The Site and Services, including their software, design, text, graphics, logos, and documentation, are owned by TrafficSigma or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site and Services for your internal business purposes. No other rights are granted, and all rights not expressly granted are reserved.

The TrafficSigma name and logo are our trademarks. You may not use them without our prior written permission, except to refer factually to the Services.

6. Your content

You retain ownership of the creatives, trademarks, landing pages, data, and other materials you submit to the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for technical delivery purposes, and display Your Content solely to the extent necessary to operate, deliver, moderate, and measure the Services and to comply with law. You are responsible for having all rights, licences, and consents required for Your Content.

7. Third-party links and services

The Site may link to, or interoperate with, third-party websites, trackers, and services that we do not control. We provide those links and integrations for convenience only. We do not endorse and are not responsible for third-party content, terms, or privacy practices, and your use of them is at your own risk and subject to their own terms.

8. Availability, changes, and beta features

We aim to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Site and Services, and we may perform maintenance, at any time. Features marked as beta, preview, or experimental are provided without any warranty or service commitment and may change or be withdrawn.

9. Disclaimers

To the maximum extent permitted by law, the Site and Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

Traffic volumes, statistics, forecasts, benchmarks, case studies, and rate examples published on the Site are illustrative and do not constitute a guarantee of any specific volume, price, conversion rate, revenue, or return on investment. Nothing on the Site constitutes legal, tax, financial, or regulatory advice.

10. Limitation of liability

To the maximum extent permitted by law, TrafficSigma and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, or goodwill, arising out of or in connection with the Site and Services or these Terms, whether in contract, tort, or otherwise, and whether or not we were advised of the possibility of such damages.

Our aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you paid to us in the three (3) months preceding the event giving rise to the claim, or one hundred US dollars ($100) where you have paid us nothing. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence. If you are a consumer, your mandatory statutory rights are not affected.

11. Indemnification

You agree to indemnify, defend, and hold harmless TrafficSigma and its affiliates from and against any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of Your Content, your use of the Site and Services, or your breach of these Terms, of any policy incorporated into them, or of applicable law.

12. Suspension and termination

You may stop using the Site and Services at any time. We may suspend or terminate your access immediately where you breach these Terms or any incorporated policy, where required by law, a regulator, or a payment provider, or where continued provision would expose us or our users to material risk. Sections that by their nature should survive termination - including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution - will survive.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the "Last updated" date above and, where appropriate, notify you through the platform or by email. Your continued use of the Site and Services after an update constitutes acceptance of the revised Terms.

14. Governing law and disputes

Consistent with our Advertising Agreement, these Terms are governed by the laws of Switzerland, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the competent courts of Switzerland, unless mandatory law (including consumer protection law in your country of residence) provides otherwise. [GOVERNING LAW, SEAT, AND FORUM TO BE CONFIRMED BY QUALIFIED COUNSEL AGAINST THE OPERATING ENTITY’S ACTUAL PLACE OF INCORPORATION.]

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or asset sale. These Terms, together with the policies referenced in them, constitute the entire agreement between you and us regarding the Site and Services.

16. Contact

Questions about these Terms? Email us at [email protected].