Terms of Service

These Terms of Service ("Terms") govern your use of the eRate ad-serving and campaign-management platform ("the Service"), operated by eRate online measurement solutions ltd, an Israeli company ("we", "us", "our"), reachable at support@erate.co.il.

By accessing or using the Service you ("you", "your") agree to these Terms. If you do not agree, do not use the Service.

1. The Service

eRate is a software-as-a-service platform that lets advertisers, media agencies, and publishers serve digital advertising campaigns, manage campaign settings and creatives, deliver ads across web, mobile, and connected-TV environments, and view real-time performance reporting.

The Service is provided to organisations on a B2B basis. Individual users access the Service via accounts provisioned for their organisation ("Customer"). Features and limits available to your account depend on the agreement between us and your Customer.

2. Eligibility and accounts

You may use the Service only if you are at least 16 years old and you are an authorised representative of a Customer that has entered into a separate agreement with us, or that has been granted access by an authorised reseller.

You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must not share your credentials, allow anyone else to use your account, or maintain more than one account without our consent.

3. Authentication and two-factor requirement

The Service requires two-factor authentication on every account. You may use a time-based one-time-password (TOTP) authenticator app, a connected Google account, or both. Disabling all second factors is not permitted; the system will prevent you from doing so.

You are responsible for keeping your second-factor methods (authenticator app, recovery codes, Google account) under your control. If you lose access to all of them, contact your administrator or our support to recover access.

4. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation.
• Upload, transmit, or serve content that is illegal, infringing, defamatory, deceptive, or otherwise unlawful.
• Attempt to gain unauthorised access to the Service or to any other user's data.
• Probe, scan, or test the vulnerability of the Service except under a written authorisation from us.
• Reverse engineer, decompile, or disassemble the Service except to the extent permitted by mandatory law.
• Use the Service to develop a competing product, or to train any machine-learning model.
• Use automated means (scrapers, bots) to access the Service except via our published APIs and within their documented rate limits.
• Generate, or attempt to generate, artificial ad traffic, impressions, or clicks.
• Misrepresent your identity or your affiliation with any organisation.

5. Creatives and campaign content

Your Customer is solely responsible for the advertising content served through the Service — creative files, ad markup, and the landing pages ads link to ("Campaign Content"). Your Customer represents and warrants that all Campaign Content is lawful, does not infringe third-party rights, complies with applicable advertising standards, and contains no malware, deceptive redirects, or code that harms or misleads end users, publishers, or us.

We may review, reject, suspend, or remove any Campaign Content at our discretion, including where it violates these Terms, harms the Service, or triggers complaints from publishers or platforms — without liability to you or your Customer.

6. Customer data

You and your Customer retain all rights, title, and interest in the data uploaded into the Service ("Customer Data"). We claim no ownership of Customer Data. We process Customer Data solely to provide and improve the Service in accordance with these Terms and the Privacy Policy.

You grant us a limited, non-exclusive, worldwide licence to host, store, transmit, display, and otherwise process Customer Data and Campaign Content only as necessary to provide the Service (including delivering ads on partner properties), maintain backups, and meet our legal obligations.

7. Intellectual property

The Service itself — including its software, design, brand, and documentation — is owned by eRate online measurement solutions ltd and its licensors and is protected by copyright, trademark, and other intellectual-property laws. These Terms grant you a non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose only. No other rights are granted.

Feedback and suggestions you voluntarily provide may be used by us to improve the Service without obligation to you.

8. Confidentiality

Each party will treat the other party's non-public information that it receives in connection with the Service as confidential, will use such information only to perform under these Terms, and will protect it with at least the same care it uses for its own confidential information of similar importance.

9. Third-party services

The Service integrates with third-party services, including Google (for optional sign-in), DigitalOcean (for hosting), Cloudflare (for creative content delivery), and Resend (for email delivery). Your use of those features is also subject to the relevant third party's terms and privacy policy. We are not responsible for the acts or omissions of third parties, including publisher properties on which ads are delivered.

10. Fees

Fees, billing terms, and any service-level commitments are governed by the separate written agreement or insertion orders between us and your Customer. Unless that agreement says otherwise, fees are non-refundable and exclusive of taxes.

11. Service availability and changes

We strive to keep the Service available, but we do not guarantee uninterrupted availability, nor any particular volume of ad delivery, traffic, reach, or campaign performance. We may schedule maintenance, deploy updates, or modify features at any time. Where reasonably possible we will give advance notice of changes that materially reduce functionality. Specific availability commitments, if any, are governed by the separate Customer agreement.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or secure, or that it will meet your specific requirements or performance expectations.

13. Limitation of liability

To the maximum extent permitted by law, in no event shall eRate online measurement solutions ltd, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of (a) the fees actually paid by your Customer to us for the Service in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100). In other words, whichever of those two amounts is larger is the most we can be liable for; the USD 100 figure serves only as a minimum cap where little or nothing has been paid.

This section does not limit liability that cannot be limited under applicable mandatory law.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) your unlawful use of the Service, or (c) Campaign Content you or your Customer served through the Service.

15. Termination

We may suspend or terminate your access to the Service if you materially breach these Terms, if your Customer's underlying agreement with us terminates, or if we are required to do so by law. Where reasonable, we will give you prior notice and an opportunity to cure.

You or your Customer may terminate the use of the Service in accordance with the underlying Customer agreement.

On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including ownership, confidentiality, indemnification, disclaimer, and limitation of liability) will survive.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to your account email a reasonable period before they take effect. Your continued use of the Service after the effective date of an update constitutes your acceptance of the updated Terms.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws principles. The exclusive jurisdiction and venue for any dispute arising out of or related to these Terms or the Service shall be the competent courts of Tel Aviv–Jaffa, Israel, and each party irrevocably consents to that jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent; we may assign them as part of a corporate reorganisation or sale of the business. These Terms, together with the Privacy Policy and any separate Customer agreement, constitute the entire agreement between you and us regarding the Service.

19. Contact

eRate online measurement solutions ltd Email: support@erate.co.il