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Version 3.0
Last updated: 1/24

This Agreement creates a contract between you ("You") and Pontiac Intelligence LLC (" Pontiac", "we" or "us"). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, check the box indicating that you "Agree".

If you do not agree with the terms of this Agreement, do not check the "I Agree" box, access or use the Pontiac Platform (as defined below), or download any software or applications from us. If you do not agree to the terms of this Agreement, You may not use our Services or the Pontiac Platform.

 

INTRODUCTION TO THE PONTIAC PLATFORM AND THE SERVICES

This Agreement governs Your use of our services ("Services"), through which you can establish media buying campaigns that allow You to purchase space for advertisements that you create or supply ("Ads") on websites and in other digital media. Our Services include the Pontiac self-service digital media trading platform and the software, code, applications, and processes that constitute it or to which you are given access through this Agreement, together with any modified versions, copies, upgrades, updates, and additions (the "Pontiac Platform"). The Pontiac Platform is accessed through a browser, and to use our Services and the Pontiac Platform you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

The Pontiac Platform is currently accessible through Google Chrome. It may be accessible through additional browsers from time to time, as indicated in our Documentation.

You may have one or more other written agreements with us or with our parent company, Programmatic Mechanics LLC, that supplement or supersede portions of this Agreement.

The Pontiac Platform is LICENSED to you, not sold. You will not own the Pontiac Platform in any form, even after you access it or download it or elements of it. Your license to use the Pontiac Platform is only granted pursuant to the terms of this Agreement. Use of some third-party platforms accessed through the Services (such as exchanges) may be subject to additional terms and conditions.

Your use of the Pontiac Platform and our Services, including any media purchases made through the Pontiac Platform, are additionally governed by our Terms and Conditions of Service, as in effect from time to time. Please review the Terms and Conditions of Service carefully.

 

LICENSE

Subject to Your ongoing compliance with this Agreement and payment of the applicable Fees (as defined below), Pontiac grants you a non-exclusive, revocable, non-transferable and limited license to access and use the Pontiac Platform during the License Term in a manner consistent with the terms of this Agreement, the Terms and Conditions of Service and applicable Documentation. Upon the expiration or termination of the License Term, you will no longer have the right to use or access the Pontiac Platform. The rights that are licensed to you under this Agreement are limited to those expressly granted in this Agreement, and Pontiac reserves all other rights.

As a condition of your License, you may not: copy, modify, translate, reverse engineer, decompile, disassemble, otherwise attempt to derive the source code of, tamper with, obtain or use a "dev key" for, or create derivative works based upon the Pontiac Platform, including the content or third-party applications made available via the Services, or any portion thereof; sell, rent, lease, sub-lease, sub-license, transfer, distribute, broadcast, display or otherwise assign any rights to the Pontiac Platform or the Services to any third party; remove any proprietary notices or labels on the Pontiac Platform; work around any technical limitations or access control measures in the Pontiac Platform; use any automated means (including scripts, bots, spiders, scrapers, viruses, worms, crawlers or similar software) to access or use the Pontiac Platform; use the Pontiac Platform for reasons other than the establishment of media trading campaigns as described in your Documentation; copy, modify, erase, or damage any information contained on computer servers used or controlled by Pontiac or any third party used in connection with the Pontiac Platform or the Services; use the Pontiac Platform to violate any law or legal right of any third party, including any publicity, privacy, or intellectual property rights; take any action that is harassing, defamatory, abusive, tortious, threatening, obscene, harmful or otherwise objectionable; use any data mining, robots, or similar data gathering and or extraction tools in connection with the Pontiac Platform; use the Pontiac Platform or the Services to obtain personally identifying information about any person in violation of applicable laws, regulations, or privacy policies; access the Pontiac Platform or the Services in order to create, contribute to, or improve a competing service; interrupt, destroy or limit the functionality of the Pontiac Platform or the Services; distribute ads that violate our Ad Standards; or impersonate or misrepresent your affiliation with any person or entity in regard to your Ads, the Pontiac Platform or the Services.

Violation of any of the restrictions or obligations in this Agreement may result in the termination of your license to use the Pontiac Platform. Pontiac reserves any and all rights or remedies that may be available in the event of your breach of this Agreement.

 

UPDATES AND ACCESS

Pontiac may issue updates to the Pontiac Platform from time to time. You agree that the Pontiac Platform may automatically download, incorporate and install such updates, and you agree that this Agreement, as amended from time to time, will apply to all such updated versions of the Pontiac Platform, unless such updated versions are released with a separate license agreement. It is your responsibility to ensure you have or are using the latest version of the Pontiac Platform. New or modified versions of the Pontiac Platform may contain altered, reduced, or different interfaces or functionality.

The Pontiac Platform will operate only on those hardware and software platforms, and will only be accessible through those browsers, specified in the Pontiac Platform Documentation from time to time. It is your responsibility to provide compatible platforms for the Pontiac Platform and to maintain a compatible browser. Pontiac may add or remove support for specific platforms or browsers at any time with or without notice, and with or without a new update.

Pontiac may, in its sole discretion, change, suspend, remove, or disable access to the Pontiac Platform or the Services at any time with or without notice. Pontiac (and not any app store, device manufacturer, or operating system provider) will be solely responsible for support of, claims related to, and updates to the Pontiac Platform.

 

TITLE TO INTELLECTUAL PROPERTY

The Pontiac Platform (including all past and future iterations of it) is protected by intellectual property laws, including, without limitation, copyright, patent, trademark, trade secret, and industrial design law. Pontiac retains all title and ownership rights in the Pontiac Platform. Except as expressly stated in this Agreement, Pontiac does not grant any express or implied right or license to you under any patent, copyright, trademark, trade secret, or industrial design rights of Pontiac.

The Pontiac Platform includes all data generated by end-users’ use of the Pontiac Platform and all algorithms, analyses, compilations, and reports related to same, and all the foregoing shall remain the sole property of Pontiac.

The third-party platforms, ad servers, applications, websites and digital media spaces accessed through the Pontiac Platform and the Services ("Third Party Content") are the property of Pontiac, its licensors, its partners, or publishers. Title, ownership rights and intellectual property rights in and to such Third-Party Content belong to Pontiac or these third parties. This Agreement gives you no ownership interest in the Third-Party Content, and you may not infringe the intellectual property rights of others. You are solely responsible for the investigation, defense, settlement and discharge of any claim against you based on your use of the Pontiac Platform or Third-Party Content.

The data made available on the Pontiac ART platform is the property of Pontiac, and its use is strictly limited to the confines of the Pontiac platform. Users are expressly prohibited from extracting, copying, reproducing, or transmitting any data obtained through the Pontiac platform for use outside of the specified environment. Any unauthorized use, distribution, or sharing of ART data beyond the boundaries of this platform is strictly prohibited and may result in legal action.

You shall remain the sole owner of any intellectual property in the Ads or other Creative Materials that you upload or otherwise provide for use in connection with the Pontiac Platform or the Services. Pontiac shall have a limited license to reproduce, store and distribute your Ads solely as necessary to provide the Services.

 

LINKED SERVICES

The Pontiac Platform may make third-party web sites, web pages, products, services, and applications available to you via links ("Linked Services"), and these Linked Services may have their own applicable agreements or terms. Pontiac is not responsible or liable for the features or content of any Linked Services, and the links to them in the Pontiac Platform do not imply Pontiac’s endorsement of them. Your access to any of the Linked Services is entirely at your own risk, and you are solely responsible for any consequences of accessing any Linked Services, as well as for viewing and abiding by any applicable agreements or terms.

AI GENERATED IMAGES

The platform, in providing AI-generated images through third-party integrations, hereby disclaims any responsibility for the content, accuracy, or consequences arising from the use of such images. Users acknowledge that the AI-generated images are computer-generated and do not inherently represent real-world scenarios. The platform does not guarantee the accuracy, suitability, or fitness for any particular purpose of the AI-generated images provided through third-party integration. Users are solely responsible for verifying the appropriateness and legality of using these images in their applications or content. The platform shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or in connection with the use or reliance on AI-generated images obtained through third-party integration. By accessing and using the platform, users agree to indemnify and hold the platform harmless from any claims, damages, or liabilities arising from their use of AI-generated images.

 

REGISTRATION

Use of the Pontiac platform requires registration. There is a one-time entry fee (plus sales tax, if applicable) that must be paid at the time of registration. Please see our current fee schedule here: https://wiki.pontiac.media/?docs=getting-started-with-pontiac/pricing the entry fee is non-refundable.

You agree to provide true, accurate, current and complete information about yourself, and your intended use of the Pontiac platform as prompted by the registration process (together with any information or materials provided to you as part of the registration process, such information being the "documentation"). You agree to update your documentation to keep such information current. You are solely and entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.

The documentation may limit your use of the Pontiac platform and the services to a particular geographic territory (the " territory"), certain lines of services, certain uses, or certain financial limits. You shall only have the right to use the Pontiac platform and the services within such territory or other such limits.

 

WARRANTY

To the maximum extent allowed by applicable law, the Pontiac platform is provided "as is" and "as available" with all faults, and Pontiac, its corporate parents, subsidiaries, affiliates, and its partners, as applicable (collectively, the "Pontiac entities") expressly disclaim any warranty of any kind for the Pontiac platform or the services, whether express, implied, or statutory, including, without limitation, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, accuracy or non-infringement of third-party rights. Use of the Pontiac platform and the services is at your own risk. The Pontiac entities make no warranty that the Pontiac platform and the services will meet your requirements, or that the Pontiac platform and the services will be complete, accessible, uninterrupted, timely, secure, reliable, accurate, virus-free, error-free, or that defects of any kind will be corrected. The Pontiac entities make no warranty regarding any goods or services purchased or obtained through the Pontiac platform, or any transactions entered into through the Pontiac platform or in connection with the services, and no oral or written advice, release or information provided by the Pontiac entities to you shall create a warranty. To the extent permitted by applicable law, your sole and exclusive remedy for any dissatisfaction with the Pontiac platform or the services is to stop using it.

 

LIMITATION OF LIABILITY

To the maximum extent allowed by applicable law, the Pontiac entities and their respective officers, directors, employees, successors, assigns, agents or affiliates shall not be liable for personal injury, or any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of profits, loss of use, pecuniary loss, loss of information or data, business or personal use interruption, or any other commercial or personal damage or loss), arising out of or relating to this agreement or the use of or inability to use the Pontiac platform and the services, however caused, whether based on contract, tort, or any other legal theory, even if Pontiac has been advised of the possibility of such damages. In no event shall the Pontiac entities be liable for any claims or damages in excess of the amount you paid to Pontiac during the previous 12 months (you will be responsible for any expenses you may incur in relation to receiving this amount). The foregoing limitations shall apply at all times, regardless of whether the specified remedy fails or is deemed to fail of its essential purpose.

 

INDEMNITY

You will indemnify, hold harmless, and defend Pontiac and its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, service providers, distributors, licensors, agents, successors, assigns and other representatives, from all third-party claims, judgments, liabilities, expenses, costs or related penalties, including, without limitation, reasonable attorneys’ fees, arising out of, resulting from or in any way connected to your breach of this agreement, your violation of any third-party’s rights (including intellectual property rights), or your illegal acts or omissions.

 

MAINTENANCE AND SUPPORT

Should you have any questions, complaints, or claims relating to the Pontiac platform or our services, please contact us through the help center or at core@pontiac.media

 

FEES AND PAYMENTS FOR MEDIA

If you have executed a Pontiac Intelligence Insertion Order (“PIIO”) with our services team outside of this EULA, that PIIO agreement replaces the fees and payments for media details below. That insertion order is subject to IAB standard media 3.0 terms and conditions. In any disputes between the IAB standard media 3.0 terms and conditions and this EULA, this EULA is the definitive document and supersedes the IAB standard media 3.0 terms and conditions.

 

In addition to the entry fee of $100, we charge a minimum user fee, payable on the first day of each month, to maintain access to the Pontiac platform and the services, including your delivery data and the proprietary programmatic trading wiki. The minimum user fee will be automatically billed at the beginning of each month to the credit card you provide at registration. The monthly minimum user fee is non-refundable.

The minimum user fee is set forth in our fee schedule here: https://wiki.pontiac.media/?docs=getting-started-with-Pontiac/pricing we may change the monthly minimum user fee upon sixty (60) days written notice. The minimum user fee will be waived for any month in which you pay a software user licensing fee in excess of the then-current minimum user fee.

In order to purchase ad space through the Pontiac platform, you must fund your account in advance by means of a credit card payment. The Pontiac platform will let you choose the credit card to be charged and the amount you would like charged to that credit card. You can check your account balance at any time through the Pontiac platform. Purchases of ad space for campaigns that you initiate will be automatically drawn down from your account balance. Unused balances of $500 or less are non-refundable. Account balances do not bear interest.

Pontiac charges a software user licensing fee equal to a margin of 20% of the media spend that you initiate and run through the Pontiac platform. For purposes of clarity, if you want to initiate a $100 campaign through the Pontiac platform, you will need to deposit $200, $100 of that will constitute our entry fee noted above. This is a fee for access to the buying, optimization, and other functionality of the Pontiac platform including the client wiki. The remaining funds spent on a campaign will be used to procure the ad space inventory where your ads are served, and to pay out-of-pocket third-party exchange, data, and related fees and costs.

Your Pontiac platform account will show the total amount spent on any campaign you initiate, but may not break out our software user licensing fee or the other third-party fees and charges.

In the event of discrepancies or billing errors, adjustments to charges may be made within a reasonable timeframe, not exceeding 365 days, following the occurrence of the spend. The dsp platform reserves the right to rectify any inaccuracies in billing and to apply appropriate adjustments to ensure accurate and fair invoicing.

By entering into this agreement, registering for the services, and providing your credit card details, you explicitly agree (a) to pay the fees as set forth herein and as specified in the fee schedule here: https://wiki.Pontiac.media/?docs=getting-started-with-Pontiac/pricing, (b) that you are authorized to provide the credit card information provided and to authorize the fees and charges set forth herein, (c) that you will be liable for, and will not dispute or attempt to revoke, any charges you authorize through the Pontiac platform, (d) that you understand any charges you authorize are non-refundable except if we terminate our license to you unilaterally, in which case we will return any unspent balance after the completion of all extant campaigns, or with respect to unspent account balances in excess of $500 upon written request, and (c) you will pay any sales tax do in connection with any purchases made through the Pontiac platform.

Any refund request may be subject to an administrative charge.

 

ADS

1. USER SUPPLIED MATERIALS

You will upload advertising creatives units ("Ads") that you source or create or Ad Server Code for Ads to the Pontiac Platform. All Ads, Ad Server Code, information, advice, files, links, communications or other materials uploaded or posted by you to or through the Pontiac Platform ("User-Supplied Materials") shall be your responsibility. You agree not to post or transmit any User-Supplied Materials that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that violate any fair advertising standards or are otherwise objectionable. You grant Pontiac, or warrant that the owner of such User-Supplied Materials has expressly granted Pontiac, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or in part) in connection with the Services and the campaigns you initiate or run through the Pontiac Platform.

1. USER-SUPPLIED MATERIALS AND MONITORING

The Pontiac Platform provides access to an ad server. If You decide to upload Ads to our ad server, each such Ad will be audited for compliance with the standards set forth herein and in the Terms and Conditions. Creative hosting fees may apply as put forth in the platform fee schedule or applicable paperwork.

Pontiac shall have the right, but not the responsibility, to monitor and/or remove User-Supplied Materials deemed harmful or offensive in Pontiac's sole discretion, or that otherwise violate this Agreement or any rules that Pontiac may institute from time to time. Pontiac shall have no liability for the failure to receive, to remove or for the removal of any User-Supplied Materials. Even if an Ad has been audited, the Ad’s compliance with this Agreement and the Terms and Conditions remains Your sole responsibility. Any opinions, advice, statements, services, offers or other information or content expressed or made available by Pontiac are advisory in nature only. Pontiac neither endorses nor is responsible for the accuracy or reliability of any Ad, opinion, advice, information, or statement contained in User-Supplied Materials, including Ads.

 

1. AD SERVER AND MALWARE DETAILS

Pontiac also allows users to upload creatives ad-server tags provided by approved ad servers on a case-by-case basis. This is a third-party service for which Pontiac bears no responsibility.

We automatically search each tag for malicious activity (including for malware and other viruses that can be distributed through ad tags), but you are solely responsible for any tags that you upload or any damage that they cause.

If at any point your ad tags are flagged as malicious, your entire deposit will be forfeited to Pontiac and will NOT BE REFUNDABLE.

1. CREATIVE AND AD ACCEPTANCE POLICY

(updated 12/24)

Please thoroughly review all Creative Policies before uploading Creatives. All Creative units uploaded will be subject to the Pontiac Intelligence creative audit process as well as any additional SSP, publisher, media owner or other creative approval processes that may apply in the acquisition of ad space.

Pontiac Intelligence reserves the right to reject any creative unit at its discretion, and subsequently suspend the account without advanced warning. If your account is suspended, you will be notified in writing and an investigation will take place within three business days.  If at any point your ad tags are flagged as malicious, your account balance will be forfeited to Pontiac and will not be refundable.

In addition to Pontiac Intelligence’s content policies, certain sellers have additional policies that apply to buyers of those sellers' inventory and certain data providers have additional policies that apply to buyers of those data providers’ data. Pontiac Intelligence clients wishing to purchase such inventory or data are responsible for understanding and adhering to any such additional policies. Pontiac shall have no liability or responsibility of any kind if a third-party declines to serve any Ads proposed by a Pontiac user, regardless of whether the ads meet the Pontiac Ad Standards or are approved by Pontiac, and users agree to indemnify and hold harmless Pontiac from any losses arising from a third-party’s decision not to serve a user’s ads. 

 

PROHIBITED CONTENT

The following content is prohibited across all Pontiac products. Any ad unit flagged under one of these categories will be blocked from serving on the platform and may result in account suspension or forfeiture.

• Profanity, Hate Speech or Defamatory Language
• Graphic or excessive violence
• Pornography, Nudity, Obscenities, or other ‘Adult’ Content
• Inappropriate content (at our discretion)
• Sale of, or instructions for creating, guns, bombs, ammunition, or weapons
• Discussing or promoting sale of federally illegal drugs, including marijuana, illegal pharmaceuticals, and other schedule 1 drugs.
• Malware, privacy and security violations
• Broken Ads or blank creative
• Enabling or Permitting Piracy
• Charging for government forms and services
• Misappropriation of Copyright, Trademark, Trade Secret, or Patent
• Executes or Downloads Files without User Interactions
• Causing degradation of site performance (ex: excessive animation, weight)
• Illegal Material or Content
• Misleading or sensationalized messaging, content, or images
• Pop ups or any ad or landing pages that spawn them.
• Content that intends to, or does, induce user action through misleading appearance or behavior, including, but not limited to, creatives that mimic video players, functional buttons, errors or warnings about viruses, missing codecs, and corrupt disks.
• Displaying fake errors to induce user action, or messaging that implies knowledge of a user’s computer or operating system.
• Creatives must not rotate brands or advertisers.
• The landing page brand must match brand of the advertisement.
• The landing page must contain a privacy policy.

 

Additional product specific creative policies may apply, please review all platform documentation prior to uploading creative units. It is the user's sole responsibility to ensure their ads comply with all applicable laws, publisher policies, and platform policies.

Creative policies are subject to change at Pontiac’s discretion.

 

1. INDEMNITY

You agree to indemnify and hold Pontiac and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to (a) any Ads or User-Supplied Materials supplied, uploaded or distributed by you in connection with the Pontiac Platform or the Services, (b) any violation of the Ad Standards, or (c) your violation of this Agreement, or your violation of any law, regulation or third-party right.

 

TRADING; PURCHASE OF AD SPACE

Any campaign that you design and initiate through the Pontiac Platform produces an order for the acquisition of Ad Space pursuant to terms that you designate. Any such order shall be deemed an Insertion Order and shall be governed by our Terms and Conditions of service.

You are solely responsible for any campaigns that You or Your representatives design and initiate through the Pontiac Platform, including for any targets or limitations that You set. Please review all campaign details carefully before submitting, as such details cannot always be changed after submission. Pontiac has no liability for any accidentally or incorrectly submitted campaign details.

 

TERMINATION

Either You or We, each at its sole discretion, at any time, with or without notice, and for any or no reason, may terminate this Agreement or suspend your access to the Pontiac Platform. Upon termination of this Agreement, You will immediately cease use of the Pontiac Platform and will delete all copies of the Pontiac Platform or elements thereof that You have made.

If You terminate this Agreement other than for cause, we shall complete any extant campaigns and thereafter have no other obligations to You.

If we terminate this Agreement other than for cause, we shall return to you the unspent balance in your account and otherwise have no other obligations to You.

 

MODIFICATION

Pontiac, at its sole discretion, may change the terms of this Agreement from time to time upon notice to You. The most current version of this Agreement will be effective immediately upon release, and will supersede all previous versions. You accept any and all modifications by continuing to use the Pontiac Platform.

 

ASSIGNMENT

You may not assign this Agreement, any portion of it or any of your rights or obligations under the Agreement to any third party, whether by direct transfer, sub-license or any other means. Any purported assignment of this Agreement or any portion of it, by you, shall be null and void. To the extent permitted by applicable law, Pontiac may, at its sole discretion and without any recourse to you, freely assign this Agreement, any portion of it or any of its rights or obligations under it.

 

APPLICABLE LAW, DISPUTE RESOLUTION, AND ARBITRATION

APPLICABLE LAW

This Agreement shall be construed in accordance with and governed by the internal laws of the State of New York, United States of America, without regard to choice or conflicts of laws principles (the "Applicable Law"). This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

FINAL AND BINDING ARBITRATION

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PONTIAC HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL IN ANY APPLICABLE JURISDICTION. Any and all disputes, controversies or claims (collectively, "Claims") arising under or relating to the breach, interpretation or application of the terms of this Agreement or any extension or modification of the Agreement, regardless of the applicable legal theory, shall be exclusively resolved by a single arbitrator through final, binding and confidential arbitration, as follows:

If you are a resident of the United States of America, any arbitration between you and Pontiac will be administered by the American Arbitration Association under its then-current Commercial Arbitration Rules, as modified by this Agreement;

If you are a resident of any other territory, any arbitration between you and Pontiac will be administered by the International Chamber of Commerce, under its then-current Rules of Arbitration (available here), as modified by this Agreement. Any arbitrator so appointed shall adhere to the Applicable Law and applicable rules of arbitration (the "Arbitration Rules"), and shall be empowered to (i) determine the appropriate venue for the arbitration or the method for conducting the arbitral process (such as by written submissions or telephonic hearings) in lieu of the parties meeting at a physical venue, upon considering the territorial location of the parties, (ii) award actual money damages (but not punitive damages) against the party found to have violated this Agreement, and (iii) grant in his or her award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms. Except as otherwise provided in this Agreement, the arbitrator's decision will be final. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction, provided that any award may be challenged if the arbitrator fails to follow the Applicable Law.

 

ARBITRATION PROCESS

If your Claim is for US$10,000 or less, either party may choose to have the arbitration be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your Claim exceeds US$10,000, the Arbitration Rules will determine the right to a hearing.

 

ARBITRATION FEES AND AWARDS

The cost of any arbitration shall be borne equally by the parties, except that each party shall be responsible for its own attorneys’ fees.

 

CLASS ACTION WAIVER

You and Pontiac agree that each may only bring a Claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and Pontiac agree otherwise, no judge or arbitrator may consolidate more than one person's Claims or otherwise preside over any form of representative or class proceeding.

 

SEVERABILITY

If the provisions of this paragraph 15 are found to be unenforceable with respect to a Claim, then any such Claim will be exclusively decided by a court of competent jurisdiction within New York County, New York, USA, and you and Pontiac agree to submit to the venue, personal and subject-matter jurisdiction of that court.

 

GENERAL

No delay or failure to take action under this Agreement shall constitute any waiver by Pontiac of any provision of this Agreement. Any waiver by Pontiac of any of the provisions of this Agreement must be express and in writing, and will not mean that Pontiac will waive any other provision in another situation.

If any portion of this Agreement is held to be invalid or unenforceable, or excessively broad as to duration, geographical scope or activity, then that portion shall be construed so that the remaining portions of this Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad portion shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. If nonetheless, a portion of this Agreement is considered to be unenforceable by a court of competent jurisdiction, then the remainder of the Agreement shall continue in full force and effect.

This Agreement may be available in various translations, but to the extent allowable by applicable law, the English version controls. If another translation applies to you, you acknowledge that this Agreement was written in English and translated into other languages, and translation errors may exist.

Your use of the Pontiac Platform and the Services is also governed by Pontiac’s Terms and Conditions and Privacy Policy. If you have any questions or concerns, please contact us at: core@Pontiac.media

 

U.S. LEGAL COMPLIANCE

The following are some of the laws, rules, regulations and sanctions that apply to this Agreement, the Services and the Pontiac Platform: (a) the U.S. Department of Commerce’s Export Administration Regulations ("EAR"), which governs the export and re-export of software; (b) the U.S. Treasury Department’s Office of Foreign Assets Control ("OFAC"), which administers and enforces economic and trade sanctions; and (c) the U.S. Department of States’ International Traffic in Arms Regulations ("ITAR"), which implements the Arms Control Act regarding the export and temporary import of defense articles and services.

The Pontiac Platform may not be exported or re-exported (a) into countries under U.S. embargo, or (b) to any person on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List, or (c) to any person on the U.S. Department of Commerce Denied Persons List or Entity List, or (d) to any person on the U.S Department of State’s List of Statutorily Debarred Parties.

You agree that in the use of the Pontiac Platform and the Services, you are in compliance with, and shall at all times comply with the requirements of EAR, OFAC and ITAR, and all other applicable export and re-export related laws, rules, regulations and sanctions. You warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

REFUNDS

THERE IS NO REFUND FOR ANY MONEY SPENT THROUGH THE PLATFORM.

If your remaining prepaid balance exceeds $500, we will issue a refund if you are fully dissatisfied with the platform. You will need to write us an explanation of what went wrong and why you deposited more funds than necessary. Under that amount we believe you did not give the platform the chance to optimize, and we encourage you to set up another campaign or contact us to see if we can help drive success. Any refund request may be subject to an administrative charge.

 

CLOSING AN ACCOUNT

The easiest way to close an account is to spend all the money available in your account. After 60 days your account will be deactivated. After 365 days your data will be deleted. At any point you can contact us and ask us to delete all information related to your account. For assistance in closing your account, reach out to our team through the Help Center.

 

PRIVACY POLICY

INTRODUCTION

Welcome to Programmatic Mechanics.  This Privacy Policy explains how Programmatic Mechanics LLC and its subsidiaries, including Pontiac Intelligence LLC (collectively “PM”; “we”; “us”; or “our”) collects and processes information through our website at http://progmechs.com/ (“Website”), through our self-service advertising platform (“Pontiac”) and https://Pontiac.media and via our products and services that provide advertising to consumers through third party platforms (“Products”).  The Website, Pontiac and Products are collectively referred to as the “Service”.  Please read this Privacy Policy carefully to understand our policies and practices regarding such information.  If you do not agree with our policies and practices, you should not use the Service. By accessing or using this Service, you agree to this Privacy Policy.

OVERVIEW

• Our Website is primarily an informational website.
• Through Pontiac, you may choose to target advertising to online consumers.
• Through our Products, we may buy and deliver online advertising on your behalf to consumers that are delivered through third party platforms not under our control.
• Through our Products, we may also sell advertising on behalf of publishers to advertisers through third party platforms not under our control.
• You can exercise certain rights regarding your information as described in the YOUR RIGHTS, CHOICES AND OPT OUT section below.  Users in certain jurisdictions, such as California, the European Union and the United Kingdom, have specific rights which are set forth below.

 

INFORMATION COLLECTION

Our Service collects information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). PM collects the following categories of personal information and has collected the following categories of personal information from individuals within the last twelve (12) months, for the following categories of purposes and from the following categories of sources, and PM shares personal information with the following categories of third parties, can be found here: https://Pontiac.media/privacy-policy/

 

PAYMENT CARD DETAILS

If you make a payment through the Service, such as using our self-service advertising platform, your payment card details are provided directly to our service provider, Stripe.  You may read their privacy policy at https://stripe.com/privacy to understand how they use your information.  We only receive your contact information and the last 4 digits of your payment method for verification.

COOKIES

Browsing information is automatically collected through various means such as cookies and pixels through our Services or in our emails.  “Cookies” are pieces of information that may be placed on your device by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes.  We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) through our Services to customize your visit, to analyze how you use our Services and for other purposes to make your visit more convenient, to manage your account or to enable us to enhance our Services.  Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge, but may be used to store your login credentials.

We may use Google Analytics, which is a web analytics service provided by Google, Inc. Google and similar services collect certain information relating to your use of our Services. Such services may use cookies to help us analyze how users use our Services. You can find out more about how Google uses data when you use our Services by visiting “How Google uses data when you use our partners’ sites or apps” (located at www.google.com/policies/privacy/partners/).

Based on your web browser, you may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the services.  Further information on cookies is available at www.allaboutcookies.org.

HOW WE USE YOUR INFORMATION

We use information that we collect from you:

• To deliver our Service and its contents to you;
• To provide you with information on various products and services;
• To market our Services to you;
• To enable the delivery of online advertisements to you through Pontiac and Products;
• To identify audience segments that are served advertisements through the Service;
• To attribute whether advertisements delivered through Pontiac and Products result in an online action or decision;
• To carry out our obligations and enforce our rights;
• In any other way we may describe when we collect the information from you; and
• For any other purpose with your consent.

 

DISCLOSURE OF YOUR INFORMATION

We may disclose your information as described in this Privacy Policy or otherwise with your consent:

• To contractors, service providers, and other third parties we use to support our business. However, such parties are only authorized by us to use the information for the benefit of us;
• To certain clients of ours in connection with reporting on their advertisements;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PM’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by PM about our Service users is among the assets transferred;
• To companies within the same corporate family as PM;
• To comply with any court order, law, or legal process, including to respond to any lawful government or regulatory request;
• To enforce or apply our policies or investigate fraud; and
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PM, our users, clients or others.

Website – In addition, we may disclose your information in order to provide you with information and services you have requested, and to improve our Website.

Pontiac/Products – In addition, we may disclose your information to service providers and digital media providers who enable delivery of online advertisements to you.

INTEREST-BASED ADVERTISING

We believe that advertising is more effective and relevant when it is targeted to your interests and behaviors.  Therefore, we may work with third parties who collect information on our Services through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen advertisements we have served for our clients on other services.   We also collect and process information to serve you with advertisements through other platforms and services that you use.  You do have the ability to control certain advertising practices.  We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (DAA).  You can learn more about interest-based advertising and opt-out of targeted advertising from certain providers with whom we work by visiting https://youradchoices.com/control and http://www.aboutads.info/choices.  To learn how to opt-out of such targeted advertising through industry programs, see YOUR RIGHTS, CHOICES AND OPT OUT below.

LINKS TO OTHER SITES AND SOCIAL MEDIA SERVICES

We may create links to other websites that we think may be of interest to you, such as providers of various products and services. We do not endorse any other websites and providers by providing such links, and our privacy policy applies only to your use of our Service. We are not responsible for the privacy policies of any websites and services we link to on our Service, and you should read the privacy policies of each site you visit to determine what information that site may collect about you.

DATA RETENTION

We will retain your information for as long as your account is active or as needed for us to manage and provide our services and for our business needs. Even if we delete some or all of your personal information, we may continue to retain and use de-identified or aggregate data previously collected.

OUR CLIENTS

If you are a client or business partner of ours, then the contract between your company and PM shall prevail over this Privacy Policy.

YOUR RIGHTS, CHOICES AND OPT OUT

California Users – If you are a resident of California, you have certain rights under the California Consumer Privacy Act (“CCPA”) as described below.

1. Right to Know About Personal Information Collected, Disclosed or Sold

If you are a resident of California, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Deletion and Opt-out Rights), and subject to certain limitations that we describe below, we will disclose such information to you.

You have the right to request any or all of the following:

• The categories of personal information we collected about you.
• The categories of sources from which the personal information is collected.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.

2. Right to Request Deletion

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Deletion and Opt-out Rights), we will delete (and direct our service providers to delete) your personal information from our records. However, we may retain personal information that has been de-identified or aggregated.

Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to perform certain actions, such as detecting security incidents and protecting us from illegal activity, or an exception under the CCPA applies which allows us to retain the information.

3. Sale of Personal Information

We do “sell” your personal information, as that term is defined under the CCPA.  This means that personal information, such as your IP address or data collected via a tracking cookie, may be provided to third parties for their own independent use.

4. Exercising Access, Deletion and Opt-out Rights

To exercise the access, deletion and opt-out rights described above, please submit a request to us by either:

• Emailing us at privacy@progmechs.com or privacy@Pontiac.media .
• Filling out this form: https://go.Pontiac.media/optout

Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above.  The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information.  If you use an authorized agent to make request, you must provide the authorized agent written permission to do so, and we may require that you verify your identity directly with us.  In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will vary depending on the nature of the request.  You have the right not to receive discriminatory treatment for exercising any of your privacy rights.

Industry behavioral advertising opt-out – You may opt-out of being tracked online by certain companies who are listed at http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp and may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive advertisements, but they will not be delivered to you by such companies from whom you have opted-out based upon your behavioral data possessed by the companies from whom you have opted-out. The opt-out process through the DAA relies upon the placement of an opt-out cookie on your device, and you must repeat this process on each device or if your cookies are purged from your device.  Cookie-based opt-outs are not effective on certain mobile services. Users may opt-out of certain advertisements on mobile applications or reset advertising identifiers via their device settings.   To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, click on the following links:

iOS – https://support.apple.com/en-us/HT202074

Android – https://support.google.com/ads/answer/2662922?hl=en

You may also download and set your preferences on the DAA’s App Choices mobile application(s) available in Google Play or the Apple App stores.  More information about opting out on mobile devices is available here – https://www.networkadvertising.org/mobile-choice/.  We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms automatically transmitted by web browsers for which we are cannot evaluate your choice

Nevada Users – If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you.  We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at privacy@progmechs.com .  

EEA & UK Users – If you are a situated in the European Economic Area, United Kingdom or Switzerland and the General Data Protection Regulation (“GDPR”) or a similar law applies, as a data subject, you have the following rights:

• Right to access – This right allows individuals to obtain confirmation as to whether or not personal data concerning them is being processed and provide access to such personal data. It also allows individuals to request details of the processing of their personal data including, without limitation, categories of recipients to whom the personal data have been or will be disclosed and purposes of processing. 
• Right to rectify – This right allows individuals to rectify any inaccurate personal data about them.
• Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
• Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
• Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
• Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

Programmatic Mechanics LLC is the Controller of all personal data we collect through the Service.

We shall only process your personal data pursuant to a lawful basis, which will usually be with your consent, when we have a legitimate interest, or to perform a contract to which we are subject.  Additionally, if we rely on consent for the processing of your personal data, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.

To exercise your rights under the GDPR or the UK GDPR, please contact us at privacy@progmechs.com . Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data.  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

If you are situated in the EU, UK or Switzerland and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.

SECURITY

We take the security of our data and information seriously. We take what we believe are reasonable precautions to protect against unauthorized access to our systems and to prevent data from being disclosed to unauthorized parties. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at our discretion at any time. If we do make any changes, such change will appear on this page of our Service. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of the Service following any changes means that you have accepted, consent to, and agree to be bound by such revised Privacy Policy.

CHILDREN UNDER THE AGE OF 16

Our Service is not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under 16, please contact us at privacy@progmechs.com .

UNITED STATES OF AMERICA / CROSS BORDER DATA TRANSFERS:

Our Service is maintained in the United States of America. By using the Service, you authorize the export of personal information to the USA and its storage and use as specified in this Privacy Policy. We transfer personal information from the EU, UK and Switzerland to the USA and other countries, some of which have not been determined by the European Commission or other regulators to have an adequate level of data protection. Information stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at privacy@progmechs.com.