AUDIENCEPRIME TARGETING PLATFORM ADDITIONAL TERMS OF USE

By using the AudiencePrime targeting platform (the “Service”) from Digitalkites PTE Limited (“us” or “we”), you accept and agree to be bound by DigitalKites Terms of Use (our “Terms of Use”) and Privacy Policy as well as these AudiencePrime Targeting Platform Additional Terms of Use (these “Additional Terms”). Terms capitalized but not otherwise defined in these Additional Terms shall have the meanings ascribed to them in our Terms of Use. If there is any conflict between our Terms of Use and these Additional Terms, these Additional Terms shall prevail.

1. Introduction.

The Service permits you to create, submit, and deliver digital advertising through our platform to a targeted audience you select on the platform by placing an advertising order / campaign on the Service (an “Order”).

2. Orders.

When you place an Order, you may indicate the type of advertising you wish to buy, the media in which you wish to advertise, and the audience you wish to reach. We will use our best efforts to fulfill your Order to your specifications; however, we cannot guarantee that advertising submitted in an Order will reach its intended target or achieve the outcome you select.

3. Responsibility for Content.

You are solely responsible for the content of your advertising, and we may reject or remove any ad—or cancel any Order—at any time for any reason. Your advertising must comply with all applicable laws, regulations, guidelines, and any additional policies or guidance we publish from time to time, and you agree to indemnify and hold us harmless from and against any claim arising out of your advertising.

4. License.

When you place an Order, you grant us a license to use any data or content you submit on the Service to fulfill the order. Our license to deliver the data or content terminates once your Order has been completed. You acknowledge and agree, however, that we may disclose information relating to your advertising content and your Order to a governmental agency or body if we believe that such disclosure would assist in a lawful investigation.

5. Fees.

You will pay for Orders in advance. The price for an Order will be comprised of a media cost component as well as a data cost component, which may or may not be separated on the Platform. You are also responsible for any applicable taxes, although we will not withhold or remit those taxes, and you agree to indemnify and hold us harmless for your failure to bear and/or remit taxes to the appropriate authorities. The amount you owe for an Order will be calculated based on our tracking mechanisms and systems. If you are making direct debit payments, you agree that we can charge the payment method you provided for any amount up to the maximum amount you select when you place the Order.

6. Dashboard.

As part of the Service, you will have access to a dashboard or other account page (“Dashboard”) that will permit you to view the performance of your Orders and the calculation of fees payable hereunder.

7. Account Balance.

If you have a balance in your account on the Service, that balance is not refundable unless required by law and cannot be used to offset or otherwise pay other fees or amounts due to use for your use of services other than the Service without our express consent, which we may grant or withhold in our sole discretion.

AUDIENCEPRIME SEGMENT EXPORT SERVICE ADDITIONAL TERMS OF USE

By using the AudiencePrime segment export service (the “Service”) from Digitalkites PTE Limited (“us” or “we”), you accept and agree to be bound by DigitalKites Terms of Use (our “Terms of Use”) and Privacy Policy as well as these AudiencePrime Segment Export Service Additional Terms of Use (these “Additional Terms”). Terms capitalized but not otherwise defined in these Additional Terms shall have the meanings ascribed to them in our Terms of Use. If there is any conflict between our Terms of Use and these Additional Terms, these Additional Terms shall prevail.

8. Introduction.

The Service permits you to export Audience Data for specific market segments you select from the AudiencePrime platform (the “Segment Data”) for your use in targeting such market segments through Google’s and/or Facebook’s advertising platforms rather than on AudiencePrime itself.

9. Ad Platforms and Permissions.

If you use the Segment Data on Google Ads, you agree to take any steps necessary, including linking your Google Ads account with your Service account, to enable us to receive automatic usage reports regarding the use and performance of your Segment Data on the Google platform. If you use the Segment Data on Facebook’s Ad Manager, you agree to, prior to such use, grant us analyst, read-only access to your Facebook Ad Manager account to enable us to receive a usage report related to the use and performance of your Segment Data on the Facebook platform. If Google or Facebook changes their advertising manager services, or if we make the Service available for additional third-party platforms (any such third party-platforms, including Google Ads and Facebook Ad Manager referred to as “Ad Platforms”), we may require you to enable additional permissions or take additional steps in order to continue to use the Service. Use of an Ad Platform is subject to your acceptance of that Ad Platform’s terms of use, and you acknowledge and agree that we are not a party to any such agreement and have no liability with respect to your use of the Ad Platform.

10. License.

Subject to your continued compliance with these Additional Terms and our Terms of Use, including your payment of any fees due hereunder or thereunder, we grant you a nonexclusive, limited license to use the Segment Data for marketing purposes on a supported Ad Platform.

11. Fees and Payment.

The fees for the license granted hereunder (the “License Fee”) with respect to any Segment Data will be posted on the Service at the time of purchase. We will generally aggregate and bill License Fees monthly in arrears; however, we may require that you maintain an active method of payment on file satisfy License Fees as they accrue. If we choose to bill through an invoice, you agree to pay the License Fees due within 45 days of the date of the invoice. Amounts that are not paid by their due date will accrue interest at an interest rate of 18% per annum or, if lower, the maximum rate permissible under applicable law. We reserve the right to terminate your access to the Service for any late payment or non-payment of a License Fee.

12. System of Record.

Our systems, together with the Ad Platforms, are the definitive system of record for all metrics, including the methodology and calculations for determining License Fees payable hereunder.

AUDIENCEPRIME MATCHING SERVICE ADDITIONAL TERMS OF USE

By using the AudiencePrime matching service (the “Service”) from Digitalkites PTE Limited (“us” or “we”), you accept and agree to be bound by DigitalKites Terms of Use (our “Terms of Use”) and Privacy Policy as well as these AudiencePrime Matching Service Additional Terms of Use (these “Additional Terms”). Terms capitalized but not otherwise defined in these Additional Terms shall have the meanings ascribed to them in our Terms of Use. If there is any conflict between our Terms of Use and these Additional Terms, these Additional Terms shall prevail.

13. Introduction.

The Service permits you to upload offline Audience Data to the Service for transformation or matching of that Audience Data to unique identifiers used to anonymize the Audience Data into cookies, advertising IDs or other digital identifiers (collectively, “Digital Identifiers”) for your use in advertising, analytics, or for other marketing purposes either on or off of our platforms. Digital Identifiers are only generated on a market-segment level and do not directly correlate on a one-to-one basis to the individual that is the subject of the Audience Data.

14. No Raw Personal Data.

You agree not to submit any raw personal data to the Service. If you upload any Audience Data containing personally-identifiable information to the Service, you agree that any of such Audience Data will be hashed prior to its upload.

15. License.

When you upload Audience Data to the Service, you grant us a nonexclusive, universal license to manipulate, modify, transform, and otherwise use such Audience Data to generate digital identifiers for the Audience Data and to otherwise perform the Service for you.

16. Service Fee.

The fees for your use of the Service (the “Service Fee”) will be calculated based on the number of Digital Identifiers matched as follows: $0.05 per Digital Identifier; You will pay for your use of the Service in advance by billing an active method of payment on file satisfy Service Fees as they accrue.