This Terms is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Terms from time to time, and so you should review this page periodically. When we change the Terms in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
“Account” means an account created for User by completing the registration process on the Site for User’s authorized access to and use of the Services on the Site.
“WAXA.IO Platform” means the WAXA.IO proprietary marketing platform, which facilitates online and application marketing, personalization, and sharing Advertiser Content on the web through use of WAXA.IO dashboard that allows participating websites to offer personalized push notifications for their end users as well as use other advertising services ( Native Ads, POPs).
“Advertiser” means each entity or individual with which WAXA.IO contract for the placement Ads on Publisher’s websites using WAXA Services.
“Advertising (Ad)” means push notifications, Native Ads, POPs that are aimed to promote the Advertisers services and/or goods.
“Publisher” means each entity or individual that displays Advertisers Ads on their Website using WAXA.IO Services.
“Confidential Information” of the party disclosing such information shall refer to: (a) such party’s trade secrets, business plans, strategies, methods and/or practices; (b) such party’s software, tools, trade secrets, know-how, designs, technical information, proprietary methodologies, computer systems architecture and network configurations; (c) any other information relating to such party that is not generally known to the public, including information about its personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; and (d) any other information which, from all the relevant circumstances, should reasonably be assumed to be confidential and proprietary.
«Cloaking» is a search engine optimization (SEO) technique in which the content presented to the search engine spider is different from that presented to the user's browser.
2. GENERAL PROVISIONS
By virtue of this Agreement, Advertiser pay for traffic so they can advertise its Products, including but not limited to, Apps, Goods, Offers, Services, Websites, etc, using Advertising Content that is displayed on, embedded into or otherwise delivered by the Publishers’ Website(s) and/or App(s) using WAXA.IO Platform. WAXA.IO is a service provider and has no effective knowledge about the Advertising Contents created by the Advertiser and published through the Publisher’s Website(s) and/or App(s). The Advertiser is solely responsible for it and will hold WAXA.IO harmless of any damages, infringements, losses or responsibilities, monetary or otherwise, should it contain anything illegal, violate laws, copyrights, trademarks or intellectual property, etc.
3. USING OUR SERVICES
By using the Services, User agree to the terms of the WAXA.IO. User must create an account with us (an "Account") to use the Service to its fullest extent. User represent and warrant that all information that you provide to us in creating your Account is complete and accurate. User shall update such information when it changes or when we request. By creating an Account on behalf of a company or other entity, User represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf. The User warrants that all information it provides to WAXA.IO during registration is accurate, complete and up-to-date at any time. In order to access the WAXA.IO Platform and as part of the Services, reports or other customized services that are related to the User Site(s), User must create an Account on the Site. User agrees to provide only true, current, accurate, and complete registration information, and keep that information true, accurate, and up-to-date. User must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its use of the Services, including the Rules and those related to data privacy, international communications and the transmission of technical or personal data. User may not use its Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. User may be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized Personnel only. User agrees not to share password(s), account information, or access to the Site with any person other that authorized Personnel of User. User may not authorize any third party to use its Account. User is responsible for maintaining the confidentiality of password(s) and Account information, and is responsible for all activities that occur through the use of its password(s) or Account(s) or as a result of User’s access to the Site. User agrees to notify WAXA.IO immediately of any use of its password(s) or Account(s) that it did not authorize. User must be eighteen (18) years of age or over to use the Service. By using the Service, User represent and warrant that have over eighteen (18) years of age or old and have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms.
4. RULES FOR PUSH NOTIFICATIONS CAMPAIGN
All push notifications campaigns, their texts, images, landing pages must comply with the requirements specified below.
CREATIVE ASSETS SPECIFICATIONS:
Icon image size 192x192 pixels, main image size 500x300px.
Image format: .jpg or .png
No GIF animations
Title: max length 40 characters; min length 3 characters;
Text: max length 160 characters; min length 3 characters;
All campaigns and ads must comply with the following policies:
Both creatives and landing pages must not be of poor quality (contain typos, misleading images, empty pages, etc.).
The use of aggressive, explicit, violent language, the use of offensive words in any language, is prohibited. Violent images, depicting blood, entrails and dead bodies are prohibited.
Sexually provocative or suggestive texts/images/icons are prohibited.
Images with full and partial nudity (e.g. bare chest), sex toys, images of sexual intercourse, genitals, masturbation, etc. are unacceptable.
Unacceptable for push texts: “Milfs want to have orgasm with you”, “Girls for sex for one night stand”
Acceptable for push texts: “Girls want to chat ALL NIGHT”, “Say hi to your future girlfriend in app”.
The creatives with people wearing swimsuits or undergarments are accepted if there are no sexually suggestive texts and images. Using words “sex”, “penis”, “vagina”, “masturbation”, “sperm” etc. is forbidden in creative titles and texts.
Adult landing pages / pre-landings are prohibited.
Any statements about viruses, junk files, device problems etc. are not allowed.
Auto-downloads and downloads from sources other than Google’s Play Store, Apple’s App Store are disallowed.
Imitation of system updates / messages is not allowed.
It is forbidden to imitate system messages of operating systems on LPs and creatives.
Landing pages that exploit the vulnerabilities in a browser (for example, to install a file) are prohibited.
Tech-support offers are not allowed.
Push notification campaigns with prelandings and landing pages collecting subscribers, which are blocking main Landing page/prelanding page, are not accepted.
Questionnaires from sponsors are strictly prohibited. Everything that can be considered as fraud or scam offers is prohibited.
Offers for illegal goods and services (weapons, explosives, drugs etc.) are strictly forbidden.
Techniques of hiding real content using redirects; substitution of content to pass moderation, cloaking are strictly forbidden.
These guidelines are not exhaustive, and we will reject or remove any campaign's items that we believe to be harmful to our publishers or users, even if the campaign items otherwise comply with all of our guidelines.
In order to start using WAXA.IO Services Advertiser shall make a deposit of funds to its Advertiser account in advance. The minimum payment amount for Advertisers shall be not less than 20 USD. The minimum payment amount for payouts for Publishers shall be not less than 20 USD, if the balance is less WAXA.IOwill add the sum to the next payment until account balance will reach specified minimum. All statistic for the purpose of billing and delivery reporting are based on the WAXA.IO reporting system. WAXA.IO provides the ability to perform payments by using payment service providers. Advertiser shall have the right to select any payment service provider available. You agree that WAXA.IO is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. The Users is responsible for all applicable taxes associated with provided ad services, other than taxes based on WAXA.IO income. The Users shall indemnify WAXA.IO against all losses suffered or incurred by WAXA.IO arising out of or in connection with any payment made to WAXA.IO.
6. ADVERTISER REQUIREMENTS
Advertiser acknowledges and agrees to provide Ads materials that are in compliant with all applicable law in order to use WAXA.IO Services.
Upon using Services Advertiser shall not:
promote content that is illegal, harmful, slanderous, unethical, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any
persons and/or organizations;
provide Ads that are violate third party rights including underage people and/or cause harm in any way;
download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
provide Ads, that promote drugs, or any related paraphernalia, weapons and other prohibited goods or services.
The following contents are absolutely not allowed for any type of advertising:
Any sexual-related content with actors which are under 18 years old or looks like under 18 years old;
Any type of misleading;
Pages that automatically play audio;
Pages that automatically download any files;
Malware, scareware, ransonware and phishing technics and creatives;
Promoting of alcohol, tobacco or drugs in countries, where this type of ads is forbidden by law;
Annoying flashing, flickering, shaking or blinking of advertising materials or elements on the landing page;
Advertising materials and landing pages which use content that infringes on trademark or copyright laws including the use of the images of famous people, brand logos or well-known brand colors;
Imitation of publisher's websites styles and interfaces;
Materials with following acts and figures: abuse, rape, blood, extreme violence, bestiality, urination, scatophilia, incest, torture;
Any type of promoting goods, services or content that forbidden by local law of user's jurisdiction.
The following advertising materials are forbidden for non-adult/mainstream traffic sources:
Genitals, sexual act or masturbation;
Sexual or suggestive texts;
Position or suggestive touching;
Any objects or shapes that may be related to sex;
Any representation of erection, even hidden by clothes.
7. PUBLISHER REQUIREMENTS
Publisher acknowledges and agrees to provide its Websites that are in compliant with all applicable law in order to use WAXA.IO Services.
Publisher agrees that the content of Publisher’s Website shall be appropriate and legal, and shall not contain:
infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
malware, materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software;
materials, that promote violence, racial, national, political, religion intolerance, or advocacy against any individual, group, or organization. The call for change the political system of a sovereign state, participation in terrorist organizations;
materials, that promote drugs, or any related paraphernalia, weapons and other prohibited and illegal goods or services, etc.
8. LIMITATION OF LIABILITY
The User acknowledges and undertakes that the Service and/or its SMS Fallback Option depend upon the operation of electronic devices and of services managed by third parties such as for example electricity providers, internet providers, mobile phone operators and service providers etc. Furthermore, the User acknowledges and undertakes that it may occasionally experience inefficiency when forwarding the push notification messages (including through the SMS Fallback Option) due to the malfunctioning of services not directly managed by WAXA.IO (such as, for example, interruptions or suspensions of electric power supply, interruptions, suspensions or malfunctioning of telephone services, or of Internet services). As far as possible, WAXA.IO will try to limit the effect of such inefficiency on the Service and, if possible, to warn the User if those problems arise, without being liable for said inefficiency. The User acknowledges and undertakes that the Service cannot be used if the User needs to be certain about the delivery of the push notification messages to the recipients or rather in cases in which a delay in the delivery of said push notification messages may cause any type of damage. The User acknowledges that WAXA.IO may occasionally perform electronic maintenance operations on its own servers and equipment. Furthermore, the User acknowledges that if WAXA.IO should be forced to interrupt the Service to carry out such operations, it will endeavor to contain the period of interruption and/or malfunctioning of the Service. The User is also aware and accepts the fact that Software and applications provided by WAXA.IO are subject to the ordinary defective state of any software. Therefore, WAXA.IO shall not be liable for any direct or indirect damage or loss of data arising from such cause. WAXA.IO will not be liable for any damages arising from the fact that the User does not have a proper Device suitable to run the Software and/or to exploit the Service. The User also acknowledges that the Service and the Software are provided “as is” and «as available». WAXA.IO hereby does not warrant, represent or guarantee, whether expressly or by implication, that the Service and the Software are free of errors or interruptions, always available, fit for any purpose or secure: therefore, any further warranties and/or liability of WAXA.IO are expressly excluded.
9. NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. TERMINATION OF THE AGREEMENT
Both parties have the right to withdraw from the Terms at any time. Should either of the parties exercise its own right of withdrawal, it will inform the other via e-mail. WAXA.IO may terminate the Service or partial account blocking or Full account lockout with all means, suspending or completely stopping the existing site without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Terms. Also, any communication with the account owner may be terminated at the discretion of the administration in cases of disrespect, use of threats or profanity in dialogues with Support: in the ticket system, e-mail, skype or any other method of communication. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. FORCE MAJEURE
Except for the payment of fees by User, if the performance of any part of this Terms by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
13. JURISDICTION AND DISPUTE RESOLUTION
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Great Britain without regard to conflict of law provisions. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally.
14. CONTACT INFORMATION
If you have any questions or concerns with respect to this Terms or the Website or any information contained on thereon, you may contact us by writing to us at [email protected]