These Terms of Service (the “Terms”) are a binding agreement between FasterSkier, Inc., a Massachusetts corporation doing business as MYAD (“MYAD,” “we,” “us,” or “our”), and the person or entity that registers for, purchases, or uses the MYAD service (“Publisher,” “you,” or “your”). By creating an account, completing a checkout, checking a box indicating acceptance, installing our ad tags, or otherwise using the Service, you agree to these Terms on behalf of yourself and any organization you represent, and you represent that you have authority to do so.
1.The Service
MYAD is a software platform for serving, scheduling, targeting, and reporting on advertising that you sell directly for your own websites (the “Service”). The Service includes the MYAD dashboard, ad-serving infrastructure, advertiser portal, contract tools, reporting, and related features we may add, change, or retire from time to time. MYAD is a tool: you sell your advertising, set your prices, contract with your advertisers, and collect your advertising revenue. We are not a party to any agreement between you and your advertisers, and we take no share of your advertising revenue.
2.Accounts and eligibility
The Service is offered for business use. You must provide accurate account and billing information and keep it current. You are responsible for all activity under your account and for keeping credentials, keys, and portal links confidential. You must be at least 18 years old and able to form a binding contract.
3.Fees, billing, and plan limits
- Fees are billed in advance on a monthly or annual basis through our payment processor (Stripe) at the pricing in effect for your plan. Applicable taxes may be added.
- Each plan includes stated monthly impression and site allowances. Usage above your allowance (beyond any published grace buffer) may be billed at the published overage rates, or we may ask you to move to a suitable plan. We will communicate before billing overages.
- Subscriptions renew automatically until cancelled. You may cancel at any time, effective at the end of the current billing period; fees already paid are non-refundable except where required by law.
- We may change pricing with at least 30 days' notice; changes take effect at your next renewal.
- If your account is past due, we may suspend the Service (including ad serving) after notice.
4.Your sites and your ad content
You are solely responsible for the websites on which you deploy the Service and for all advertising content served through your account, including creatives, landing pages, claims made in ads, and required disclosures (such as “sponsored” labeling). You represent that you have the rights necessary to operate your sites and to serve the ad content you upload, and that your sites and ad content comply with applicable laws and regulations, including advertising, consumer-protection, intellectual-property, and privacy laws.
You will not use the Service to serve content that is unlawful, deceptive, defamatory, infringing, malicious (including malware or deceptive download prompts), or that we reasonably consider harmful to the Service or its users. We may decline, suspend, or remove any creative or campaign that we reasonably believe violates these Terms, though we have no obligation to review ad content and no responsibility for it.
5.Acceptable use
- No artificially generated traffic, click fraud, bots, or incentivized clicking on ads served through the Service.
- No attempts to probe, disrupt, overload, reverse-engineer, or gain unauthorized access to the Service or other publishers' data.
- No reselling or sublicensing the Service except as expressly permitted by your plan (e.g., features designed for networks).
- No use of the Service to collect or process data in violation of applicable privacy laws.
6.Availability, support, and changes
We work hard to keep the Service fast and available, and we operate it on reputable cloud infrastructure. However, the Service is provided without a guaranteed uptime or delivery level unless you have a separate written Enterprise agreement with an SLA. The Service may be temporarily unavailable due to maintenance, upgrades, infrastructure or network failures, third-party outages, or events beyond our reasonable control. We may modify features from time to time, and will use reasonable efforts to avoid material reductions in core functionality during a paid term.
7.No guarantee of delivery or results
We do not guarantee any particular number of ad impressions, clicks, click-through rates, fill rates, delivery pacing, audience composition, or revenue outcomes. Reporting figures produced by the Service are good-faith measurements, not guarantees, and may differ from third-party measurements. You are solely responsible for the delivery commitments you make to your advertisers — including impression goals, share-of-voice percentages, flight dates, and make-goods — and for monitoring delivery against those commitments using the tools we provide. If the Service is unavailable or misconfigured, ads may underdeliver or fail to serve, and any resulting obligation to your advertisers is yours, not ours.
8.Data
- Your data is yours. Campaign configuration, creatives, advertiser records, and reporting data associated with your account belong to you. You can export your data, and you grant us the license needed to host and process it to run the Service.
- The Service is designed to be cookieless and first-party: delivery statistics are stored as aggregate counts (by date, campaign, geography at country/state level, and device class), not as per-visitor profiles.
- We retain backups and take commercially reasonable measures to protect data, but we do not guarantee against data loss. You are responsible for exporting reports you are contractually required to keep.
- Following termination, we may delete your data after 90 days.
- We may use aggregated, de-identified usage data to operate and improve the Service.
9.Intellectual property
We own the Service, including its software, design, and documentation. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription for your own publishing business. You keep all rights in your sites, your content, and your ad creatives. Feedback you choose to give us may be used without obligation.
10.Disclaimer of warranties
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that ad delivery, measurements, or reports will be accurate or complete.
11.Limitation of liability
To the maximum extent permitted by law, FasterSkier, Inc. (including its owners, officers, directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue (including advertising revenue), loss of business or goodwill, loss of data, or loss of, undelivered, underdelivered, or mismeasured ad impressions — whether arising from Service downtime, errors, misconfiguration, data loss, delivery shortfalls, or otherwise, and whether based on contract, tort (including negligence), strict liability, or any other theory, even if we were advised of the possibility of such damages.
Our total cumulative liability for all claims arising out of or relating to the Service or these Terms will not exceed the fees you actually paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the greatest extent permitted by law. The parties agree these limitations are an essential basis of the bargain and that the pricing of the Service reflects them.
12.Indemnification
You will defend, indemnify, and hold harmless FasterSkier, Inc. and its owners, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your websites and their content; (b) ad content and campaigns served through your account; (c) your agreements or disputes with your advertisers, including delivery shortfalls or make-goods; (d) your violation of these Terms or applicable law; or (e) your violation of any third party's rights.
13.Term, suspension, and termination
These Terms apply while you use the Service. You may cancel at any time (Section 3). We may suspend or terminate the Service for material breach that goes uncured for 10 days after notice, for non-payment, for conduct that threatens the Service or others, or where required by law. We may also discontinue the Service entirely with at least 60 days' notice, in which case we will refund any prepaid fees covering the period after discontinuation. Sections that by their nature should survive (including 7, 8, 10, 11, 12, and 14) survive termination.
14.General
- Governing law & venue. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law rules. The state and federal courts located in Massachusetts have exclusive jurisdiction, and each party consents to personal jurisdiction there.
- Changes to these Terms. We may update these Terms; material changes take effect no sooner than 30 days after we post the updated Terms and update the effective date above (or upon your renewal, if sooner). Continued use after the effective date constitutes acceptance.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or sale of the business or Service.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Severability & waiver. If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver.
- Entire agreement. These Terms, your plan/order details, and any Enterprise agreement constitute the entire agreement and supersede prior discussions. If you have a signed Enterprise agreement, it controls where it conflicts with these Terms.
15.Contact
FasterSkier, Inc. d/b/a MYAD · PO Box 545, Williamstown, MA 01267 · hello@myad.center