Legal
Terms of Service
Terms that govern access to and use of TapMind websites, platforms, and services.
These Terms of Service (“Terms”) govern access to and use of the websites, platforms, software, products, and services provided by TAPMIND TECHNOLOGIES PRIVATE LIMITED (“TapMind,” “we,” “us,” or “our”).
By accessing or using the TapMind website or any TapMind service, or by entering into an agreement that incorporates these Terms, you (“you,” “your,” or “Customer”) agree to these Terms.
If you are accepting these Terms on behalf of a company, publisher, advertiser, agency, or other organization, you represent that you have authority to bind that organization. In that case, “you” and “your” refer to that organization.
If you do not agree to these Terms, you must not access or use the applicable TapMind Services.
These Terms should be read together with TapMind's Privacy Policy and, where applicable, any Order Form, Master Services Agreement, Data Processing Agreement, SDK or software license, product-specific terms, or other written agreement between TapMind and you.
1. Definitions
For purposes of these Terms:
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“Applicable Law” means all applicable laws, regulations, rules, orders, and regulatory requirements applicable to a party's activities under these Terms.
“Customer Data” means information, data, content, or materials submitted to or made available to TapMind by or on behalf of Customer in connection with the Services.
“End User” means an individual who interacts with a website, application, game, service, advertisement, or other digital property connected to the Services.
“Intellectual Property Rights” means patents, copyrights, trademarks, trade secrets, database rights, know-how, design rights, and other intellectual property or proprietary rights recognized under Applicable Law.
“Publisher” means a person or entity that owns, operates, controls, or is authorized to monetize a website, application, game, connected-TV property, digital property, or other advertising inventory.
“Services” means the TapMind products, platforms, software, technology, integrations, and related services made available by TapMind, including applicable advertising, mediation, orchestration, monetization, marketplace, user-growth, app-publishing, and related services.
“Third-Party Services” means services, software, platforms, technologies, advertising partners, demand sources, exchanges, networks, DSPs, SSPs, analytics providers, or other products or services operated by third parties.
2. TapMind Services
TapMind provides technology and services across the digital advertising and app-growth ecosystem.
Depending on the applicable commercial relationship, the Services may include:
- advertising mediation and orchestration;
- demand-source and advertising technology integrations;
- publisher monetization and inventory management;
- Marketplace services connecting inventory with direct, PMP, programmatic, or other demand;
- user-growth and performance marketing services;
- app and game publishing services;
- reporting, analytics, and optimization functionality;
SDKs, APIs, adapters, tags, code, and other technical integrations; and
- other products and services made available by TapMind from time to time.
Not every Service is available to every Customer.
The specific Services, features, commercial terms, and obligations applicable to Customer may be established in an Order Form, Master Services Agreement, product-specific agreement, or other written agreement.
3. Eligibility and Authority
You may use the Services only if:
- you are legally capable of entering into a binding agreement;
- you are authorized to act on behalf of the organization you represent, where applicable;
- you comply with these Terms and Applicable Law; and
- your use of the Services does not violate any applicable agreement or third-party rights.
If you use the Services on behalf of a Publisher, advertiser, agency, application owner, or other organization, you represent that you have the necessary authority to do so.
4. Accounts and Access
Certain Services may require you to create or maintain an account.
You are responsible for:
- providing accurate and current account information;
- maintaining the confidentiality of account credentials;
- restricting unauthorized access to your account;
- maintaining appropriate security controls for users accessing your account; and
- promptly notifying TapMind of suspected unauthorized access or security incidents affecting your account.
You are responsible for activity conducted through your account, except to the extent caused by TapMind's breach of its applicable obligations.
You may not sell, transfer, sublicense, or otherwise assign your account or access credentials except as expressly permitted by TapMind or the applicable agreement.
5. Customer Responsibilities
You are responsible for your use of the Services and for ensuring that your websites, applications, games, campaigns, inventory, content, traffic, and other materials connected to the Services comply with these Terms and Applicable Law.
You must not:
- provide false, misleading, or materially incomplete information;
- use the Services for unlawful purposes;
- interfere with or attempt to compromise the Services;
- circumvent technical or security controls;
- reverse engineer, decompile, or disassemble TapMind technology except where expressly permitted by Applicable Law;
- introduce malware, malicious code, or other harmful material;
- attempt to gain unauthorized access to systems, accounts, or data;
- use automated means to disrupt or abuse the Services;
- manipulate advertising activity, impressions, clicks, conversions, bids, or other metrics through fraudulent or deceptive means;
- generate artificial, incentivized, fraudulent, or otherwise invalid traffic where prohibited by the applicable Service or agreement;
- use the Services in connection with content or activities that violate Applicable Law or applicable platform policies;
- infringe or misappropriate the rights of TapMind or any third party; or
- use the Services in a manner that could materially harm TapMind, its partners, or the integrity of the advertising ecosystem.
TapMind may establish additional product-specific requirements, traffic-quality standards, technical requirements, or prohibited-use policies where applicable.
6. Publisher Responsibilities
Where you use TapMind Services as a Publisher, you represent and warrant that you:
- own, control, or are authorized to monetize the relevant digital property and inventory;
- have the necessary rights to provide the inventory to TapMind;
- maintain appropriate privacy notices and disclosures;
- obtain any consent, authorization, or permission required under Applicable Law;
- comply with applicable advertising, consumer-protection, privacy, and data-protection requirements;
- comply with applicable app-store, browser, operating-system, advertising, and platform requirements;
- accurately identify and represent your inventory and traffic;
- do not knowingly generate fraudulent or invalid traffic; and
- do not use the Services in prohibited or unlawful environments.
Where required, you are responsible for providing End Users with appropriate disclosures and mechanisms relating to privacy, consent, opt-out, and other applicable rights.
Where TapMind provides technical tools or mechanisms supporting those obligations, use of such tools does not relieve you of your independent legal responsibilities.
7. Advertiser, Agency, and Demand-Partner Responsibilities
Where you use TapMind Services as an advertiser, agency, demand partner, DSP, or other buyer-side participant, you are responsible for:
- the legality and accuracy of campaigns and advertising materials;
- obtaining all necessary rights and licenses for creatives and campaign materials;
- ensuring that campaigns comply with Applicable Law;
- complying with applicable advertising-platform and inventory requirements;
- ensuring that targeting, measurement, attribution, and other campaign practices comply with applicable privacy requirements;
- preventing malicious, deceptive, or fraudulent advertising activity; and
- paying applicable fees and charges under the relevant commercial agreement.
You must not knowingly use the Services to distribute malware, phishing content, deceptive advertising, or other harmful material.
8. Advertising Inventory, Demand, and Third-Party Services
TapMind may facilitate connections between Publishers and third-party advertising, demand, supply, measurement, or technology partners.
TapMind does not necessarily control the services, policies, availability, pricing, bidding behavior, content, or performance of independent third parties.
Third-Party Services may be subject to separate terms, privacy policies, licenses, technical requirements, or commercial agreements.
Your use of a Third-Party Service remains subject to the applicable third party's terms.
TapMind may add, remove, suspend, or modify integrations, partners, demand sources, or other Third-Party Services where reasonably necessary to operate, improve, secure, or comply with requirements applicable to the Services.
9. SDKs, APIs, Adapters, and Technical Integrations
TapMind may provide SDKs, APIs, adapters, tags, code libraries, documentation, or other technical components as part of the Services.
Unless otherwise agreed in writing:
- TapMind grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use such components solely to access and use the applicable Services;
- you must use them in accordance with TapMind's technical documentation and applicable requirements;
- you must not modify, reverse engineer, or create derivative works from them except where expressly permitted by Applicable Law or written agreement;
- you must not remove proprietary notices or technical safeguards; and
- you are responsible for implementing and maintaining integrations in accordance with TapMind's documentation.
Additional SDK or software terms may apply to particular products.
10. Customer Data and Data Protection
As between you and TapMind, you retain your rights in Customer Data, subject to the rights necessary for TapMind to provide the Services and comply with these Terms and applicable agreements.
You represent and warrant that you have all rights, permissions, notices, consents, and other legal bases necessary for TapMind to process Customer Data as contemplated by the applicable Services and agreement.
Where TapMind processes personal information on your behalf, the parties may enter into a DPA or other applicable data-processing terms.
TapMind's Privacy Policy describes TapMind's broader privacy practices.
Where there is a conflict between these Terms and an applicable DPA concerning the processing of personal information, the DPA will control to the extent of that conflict.
11. Advertising and Data Compliance
Where the Services involve personal information, advertising identifiers, device information, consent signals, or other regulated information, each party will comply with its obligations under Applicable Law.
Depending on the applicable service and relationship:
- TapMind may act as a controller, processor, service provider, or equivalent role;
Customer may act as a controller, business, publisher, or equivalent role; and
- third-party advertising and technology partners may independently process information under their own legal responsibilities.
The parties' specific roles and obligations may be further defined in an applicable DPA or other agreement.
12. Fees, Revenue, and Payments
Fees, revenue shares, payment terms, minimum payment thresholds, deductions, credits, taxes, and other commercial terms will be governed by the applicable Order Form, commercial agreement, or other written arrangement between TapMind and Customer.
Where the applicable commercial agreement does not specify a particular matter, TapMind's then-current commercial terms will apply where lawfully applicable and where communicated to Customer.
TapMind may withhold or adjust payments where permitted under the applicable commercial agreement, including in connection with invalid activity, fraud, refunds, chargebacks, or other amounts properly attributable to Customer.
13. Reporting and Measurement
Where Services include reporting or performance measurements, TapMind may provide information relating to impressions, clicks, conversions, revenue, bids, demand sources, inventory, or other performance metrics.
Unless otherwise agreed in writing, TapMind's systems and records will be used to determine Service activity and applicable calculations.
Customers acknowledge that discrepancies may arise between TapMind reporting and third-party reporting systems because of differences in methodologies, timing, attribution, filtering, fraud detection, or reporting standards.
14. Intellectual Property
TapMind and its licensors retain all rights, title, and interest in and to:
- the TapMind platform;
- Services;
- software;
- SDKs;
- APIs;
- adapters;
- documentation;
- designs;
- interfaces;
- trademarks;
- logos;
- technology;
- methodologies;
- know-how; and
- other TapMind Intellectual Property.
Except for the limited rights expressly granted under these Terms or an applicable agreement, no rights are granted to you.
You retain ownership of your content, trademarks, materials, and Customer Data, subject to the licenses and rights necessary for TapMind to provide the Services.
You grant TapMind a limited, non-exclusive, worldwide license to use, reproduce, process, transmit, display, and otherwise handle Customer Data to the extent reasonably necessary to provide, maintain, secure, support, and improve the Services and to comply with applicable agreements and law.
15. Feedback
If you provide suggestions, recommendations, ideas, bug reports, or other feedback concerning the Services (“Feedback”), you grant TapMind the right to use such Feedback without restriction or obligation to you, including to develop, improve, and commercialize products and services.
Feedback does not include Customer Data or confidential information except to the extent expressly authorized.
16. Confidentiality
Where the parties have entered into a separate confidentiality agreement or the applicable commercial agreement contains confidentiality provisions, those provisions will govern.
In the absence of a separate confidentiality agreement, each party receiving non-public information from the other party will use reasonable care to protect such information and will use it only for purposes related to the applicable business relationship.
Confidential information does not include information that:
- is publicly available without breach;
- was lawfully known before disclosure;
- is independently developed without use of confidential information; or
- is lawfully received from a third party without confidentiality obligations.
A party may disclose confidential information where required by law, provided that, where legally permitted, it gives the other party reasonable notice.
17. Prohibited Activities
You must not use the Services in connection with:
- unlawful activities;
- fraud or deceptive practices;
- malware, spyware, malicious code, or harmful software;
- unauthorized access or security attacks;
- artificial or fraudulent traffic;
- manipulation of advertising metrics;
- infringement of intellectual property or privacy rights;
- distribution of unlawful or prohibited content;
- activities intended to circumvent advertising or platform safeguards; or
- any other activity expressly prohibited by the applicable Service or written agreement.
TapMind may investigate suspected violations and take appropriate action, including suspension or termination of access.
18. Service Availability and Changes
TapMind may modify, update, enhance, suspend, or discontinue all or part of the Services from time to time.
TapMind will use reasonable efforts to maintain the Services but does not guarantee that:
- the Services will always be available;
- the Services will operate without interruption;
- every demand partner or integration will remain available;
- the Services will be error-free; or
- particular performance, revenue, fill, CPM, conversion, or other commercial results will be achieved.
TapMind may temporarily suspend Services where reasonably necessary for maintenance, security, legal compliance, fraud prevention, or protection of the Services.
19. Suspension and Termination
TapMind may suspend or restrict access to the Services where reasonably necessary because of:
- a material breach of these Terms;
- unlawful or fraudulent activity;
- security concerns;
- invalid or prohibited traffic;
- non-payment;
- misuse of the Services;
- a requirement of law or regulatory authority; or
- circumstances that materially threaten TapMind, its customers, partners, or the integrity of the Services.
Either party may terminate the applicable Services in accordance with the termination provisions of the relevant commercial agreement.
Upon termination:
- your right to use the applicable Services will end;
- you must cease use of TapMind software, SDKs, APIs, and other proprietary materials as required;
- outstanding payment obligations will remain due; and
- provisions that by their nature should survive termination will remain in effect.
20. Disclaimers
To the maximum extent permitted by Applicable Law, the Services are provided on an “as is” and “as available” basis.
Except as expressly stated in a written agreement, TapMind disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:
- merchantability;
- fitness for a particular purpose;
- non-infringement;
- uninterrupted availability;
- accuracy; and
- particular commercial results.
TapMind does not warrant that the Services will generate any particular revenue, advertising performance, user-growth result, fill rate, CPM, conversion rate, or other outcome.
21. Limitation of Liability
To the maximum extent permitted by Applicable Law, TapMind will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising from or relating to the Services or these Terms.
TapMind's aggregate liability arising from or relating to the applicable Services will be limited to the total fees paid by you to TapMind for the applicable Services in the twelve (12) months preceding the event giving rise to liability.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Applicable Law.
22. Indemnification
To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless TapMind, its Affiliates, officers, directors, employees, and representatives from claims, damages, losses, liabilities, costs, and expenses arising from or relating to:
- your breach of these Terms;
- your violation of Applicable Law;
- your websites, applications, campaigns, content, or inventory;
- your Customer Data;
- your infringement or misappropriation of third-party rights;
- fraudulent or invalid activity associated with your use of the Services; or
- your failure to obtain required rights, consents, permissions, or authorizations.
23. Third-Party Claims and Disputes
You are responsible for resolving disputes arising from your relationship with your users, publishers, advertisers, agencies, demand partners, supply partners, or other third parties, except to the extent TapMind is directly responsible under an applicable agreement.
TapMind may assist with third-party matters where appropriate but does not assume responsibility for independent third-party acts or omissions.
24. Force Majeure
TapMind will not be liable for delay or failure to perform obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, epidemics, telecommunications or infrastructure failures, power failures, labor disputes, war, terrorism, civil unrest, government action, changes in law, or failures of third-party services.
25. Changes to These Terms
TapMind may update these Terms from time to time.
Where changes are made, TapMind will update the “Last Updated” date.
Where required by law or the applicable agreement, TapMind will provide additional notice.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where Applicable Law requires another form of acceptance.
Material commercial changes may instead be governed by the applicable Order Form, Master Services Agreement, or other written agreement.
26. Governing Law and Dispute Resolution
These Terms will be governed by the laws of India, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms will be resolved in the courts located in Bengaluru, Karnataka, India.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where appropriate.
27. Notices
Notices to TapMind under these Terms should be sent to:
- TAPMIND TECHNOLOGIES PRIVATE LIMITED
Zed Pentagon, 4th floor, NGR Layout, Bengaluru, India - 560068
Notices to you may be sent to the email address or other contact information associated with your account or applicable commercial agreement.
28. General Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
Failure to enforce a provision does not constitute a waiver.
You may not assign these Terms without TapMind's prior written consent, except in connection with a permitted corporate transaction where applicable. TapMind may assign these Terms to an Affiliate or successor in connection with a merger, acquisition, restructuring, or sale of substantially all relevant assets.
These Terms, together with applicable Order Forms, commercial agreements, DPAs, product-specific terms, and other documents expressly incorporated by reference, constitute the agreement governing your use of the applicable Services.
If there is a conflict between these Terms and a separately executed agreement, the separately executed agreement will control the extent of the conflict.
No provision of these Terms creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship between the parties.
These Terms do not create third-party beneficiary rights unless expressly stated otherwise.
29. Contact TapMind
Questions concerning these Terms may be directed to:
- TAPMIND TECHNOLOGIES PRIVATE LIMITED
Zed Pentagon, 4th floor, NGR Layout, Bengaluru, India - 560068
Legal / Contracts: legal@tapmind.com
General: hello@tapmind.com
Related TapMind Documents
Privacy Policy: /legal/privacy
Data Processing Agreement: /legal/terms/dpa
CCPA / California Privacy Notice: /legal/privacy/ccpa-cpra
Consent Preferences: /privacy-choices/consent-preferences
Opt Out: /privacy-choices/opt-out
DSAR: /privacy-choices/dsar
Report a Vulnerability: /trust/vulnerability-disclosure