TERMS AND CONDITION
Thank you for joining the Kuchiku.io Monetization and Platform.
To ensure the quality of our services, we have created the following Terms and condition. Compliance with our guidelines will demonstrate your commitment to provide services while maintaining the highest standards of professionalism, integrity and fairness.
The Mobile Advertising Network Kuchiku.io is provided to you (“Publisher”) under the Terms and Conditions (“Terms”) of this Publisher Terms and condition and any amendments thereto and any operating rules or policies. Kuchiku.io reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If this Terms and/or any modification to this agreement is unacceptable to Publisher, Publisher only recourse will be to terminate this agreement as set forth herein. Publisher continued participation with the Service following Kuchiku.io posting of a new agreement on Kuchiku.io site will constitute a binding acceptance of the change.
1.1 By accepting the Terms of the Agreement, the Publisher:
(a) Represents and warrants that Publisher is of at least 18 years of age;
(b) Agrees to provide accurate, current and complete information about Publisher as prompted by the Account Registration Form;
(c) Agrees to maintain and update this information to keep it accurate, current and complete;
If any information provided by Publisher is inaccurate, not current or incomplete, Kuchiku.io has the right to terminate Publisher’s account.
1.2 By competing the account registration process, and clicking the “REGISTER” button, publisher agrees to be bound by this agreement and acknowledges the establishment of an account on behalf of such publisher.
2. DESCRIPTION OF SERVICE
The Service allows Publisher: (i) to offer and sell elements of a mobile site or application that Publisher designates for placement of ads to any advertiser, demand side platform, advertising network or other participant with access to the Service (the “Advertiser(s)”); and (ii) access to data analytics, data enrichment and data processing and as a result access to targeted and unique digital ad inventory, subject to the terms and conditions set forth herein.
2.1 Editorial Review. Without derogating from any other provision in this Agreement, Kuchiku.io reserves the right, without any obligation herein, to review each mobile application or website individually, and has the right, to edit, refuse, reject or remove the Publisher’s mobile application / website from the Service at any time and for any reason.
2.2 Technical Support. Publishers may receive technical help and resolve billing inquiries by contacting Kuchiku.io Support via e mail . Should Publisher become dissatisfied with the Service in any way, Publisher’s will immediately contact Kuchiku.io support.
2.3 Use of the service submissions. By submitting material or web page listings to the Service (including information regarding the listing) you are irrevocably granting Kuchiku.io, its licensees, and any entities in the Service, the right to use all parts of the material without limitation including, but not limited to, modifying it or using it commercially and authorizing others to do so.
3. PUBLISHER REPRESENTATIONS
Publisher represents and warrants that:
3.1 Publisher is the legal owner of the URL or any other digital media source (“Digital Media”) specified in his Advertiser Account, an employee of the legal owner of the Digital Media or has obtained express written permission from the legal owner of the Digital Media in connection with the use of the Service with the aforementioned domain. Without derogating from any other provision in this Agreement, Publisher expressly agrees to indemnify Kuchiku.io from any claims, losses, damages, including by any third party, arising from or in connection with the use of the Advertiser Service with the specified Digital Media.
3.2 Publisher is the owner or is licensed to use the entire contents and subject matter contained in the mobile application / website and/or any creative such as image, text, programming code, graphic content or any combination thereof (“Creative”);
During the Service, Member will be granted access and may view the online reports relating to its activity within the Kuchiku.io reporting system (the “Report”), which during the relevant month are only estimated non-final numbers that may be changed or adjusted by Kuchiku.io until 15 days after the end of the relevant month. At the end of the month the reports will be frozen and within 15 days will include the definitive numbers of earnings as maybe adjusted as aforesaid. Member agrees that Kuchiku.io stats will be final and binding in every case and serve as the sole basis for the calculation of Member’s payments.
5. PUBLISHER PAYMENT
5.1 Kuchiku.io will pay by PayPal or wire any amounts due to Publisher, approximately 60 days after the end of the month, to the extent proceeds have cleared from Advertiser to Kuchiku.io. Publisher shall pay all applicable fees, taxes, commissions, transaction fees or the like in connection with such payment.
Notwithstanding the aforesaid, Kuchiku.io reserves the right to reclassify any Transactions and reduce any payments due to Publisher because of any claims, demands, offsets or the like made by Advertisers for invalid events, technical errors, tracking discrepancies or similar events that produce invalid results, even if the applicable Transaction was originally approved. Kuchiku.io will compile, calculate and electronically deliver to Publisher the relevant data required to determine Publisher’s billing and compensation. The Publisher acknowledges that payments are based on the Report and hereby waives any claim and/or demand towards Kuchiku.io as a result of discrepancy between the Report and any other similar tracking system.
In addition, and without derogating from any other right under this Agreement, Advertiser or Kuchiku.io may apply a debit to the Publisher’s account in circumstances of: (i) duplicate entry or other clear error; (ii) non-bona fide transactions; (iii) non-receipt of payment from, or refund of payment to the visitor by the Advertiser; or (iv) Publisher failure to comply with Advertiser’s program terms or other agreement with Advertiser (“Chargeback”). Chargebacks may be applied to the Publisher’s Account at any time, including previous payment cycles within 3 (three) months from such Chargeback event.
5.2 Kuchiku.io reserves the right to change payment dates and amounts, at any time, with or without prior notification to member, which may be posted on the Service website, in Member’s Service account, or emailed to Members.
6.1 All ad campaigns are monitored for fraudulent and/or otherwise non-compliant activity by Kuchiku.io. Publisher accounts believed to be responsible for fraudulent or non-compliant clicks will be automatically restricted from use of their Publisher area and investigated for click fraud. Any revenue believed to be generated by fraudulent or non-compliant clicks will be refunded to the Advertiser in good faith. Clicking on your own ad space counts as click fraud and will result in automatic termination. Kuchiku.io reserves the right to reject any or all requests for investigation of assumed click fraud or other non-compliant clicks by any Publisher at its sole discretion.
6.2 You shall not, and shall not allow or encourage third-parties to run “robots” or “spiders” against any of Your Publisher Network or use any means to artificially increase the number of impressions or End User taps or clicks on Publisher Ads or Demand Ads displayed on Your Publisher Network (“Clicks”) via the Marketplace, including, but not limited to by engaging in any of the following activities: (i) encouraging Clicks on banners with offers of cash, prizes or anything else of value in exchange for services (except for Rewarded Offers that are compliant with this Agreement) (collectively, “Inducements”), or (b) using a design that encourages or is reasonably likely to lead to accidental or unintended Clicks by the user on any Demand Ads (“Unintended Clicks”).You represent and warrant that there will not be any fraudulent clicks, Inducements, or Unintended Clicks via the Publisher Network. You agree to indemnify and hold harmless Kuchiku.io with respect to any claims by an Advertiser related to allegations related to Clicks, Inducements, Unintended Clicks, or Rewarded Offers. Kuchiku.io shall not be liable for any advertising fees based on fraudulent Clicks, Inducements, and/or Unintended Clicks. Final judgment on what constitutes fraudulent Clicks, Inducement and/or Unintended Clicks shall be in the sole discretion of Kuchiku.io.
PUBLISHER WILL NOT PASS SPOOFING AND WILL NOT MAKE ANY CHANGES IN THE DATA BEFORE TRANSFER TO KUCHIKU.IO LINKS.
7. DISTINGUISHING ADS FROM OTHER CONTENT
7.1 You will clearly and conspicuously distinguish ads displayed on your Offering from the Offering’s content and features;
7.2 Where required under the applicable Law, you will include all necessary advertising notices in or next to the ads.
7.3 You will follow all applicable Laws related to the display of ads.
8.1 You may not operate your Offering in a manner that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable Laws, including laws and regulations governing privacy, mass email, spam, export control, consumer protection, unfair competition and false advertising.
8.2 You may not engage in activities which constitute, or are likely to constitute unfair or deceptive trade practices.
8.3 Your Offering will not include, promote, or distribute prohibited material, including without limitation: (i) pornography, or sexually explicit content; (ii) hate speech or discriminatory content; (iii) content promoting criminal activities; (iv) Racial, ethnic, political, hate-mongering or otherwise objectionable content; (v) spyware, malware, viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, hijack, destroy or limit the functionality
of any computer software, hardware, network or telecommunications equipment; (vi) content that infringes or violates the rights of others, including copyright, trademark, trade secret, patent, privacy and publicity rights; (vii) defamatory, libelous, obscene, offensive or harmful content,
(viii) materials targeted at or designed to appeal to children under the age of 13, or to any other age under the applicable Laws; (ix) the unlawful sale or advertisement of Alcohol, Tobacco, Prescription Drugs and Weapons; (x) unlawful gaming, gambling, draws and betting, (xi) any other content
that violates applicable Laws.
8.4 Your Offering will not induce end users to install a software code, application or component by intentionally misrepresenting that it is necessary to secure the end user’s device, data, or other software or applications, or that it is necessary for the functionality of the device or any feature or software included therein.
9.3 You will maintain full compliance with guidelines for protecting the privacy of end users, as issued by or for the iOS, Android, and any other applicable mobile platform.
9.4 You will not intentionally use the Offering to collect any information about an end user who is under the age of 13 years old, or any other children-related age-threshold under the applicable Law.
9.5 If your Offering is directed to children under 13 years old, or under any other age-threshold pursuant to the applicable Law, or if you have actual knowledge that you are collecting personal information from children under that abovementioned age, you will maintain full compliance with
relevant Laws, including – if applicable – the US Children Online Privacy Protection Act (COPPA), and the provisions applicable to the protection of a child’s data under Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Without limiting the aforesaid, you will provide all necessary notices and receive all necessary consents, including verifiable parental consent, as required under the applicable Law, to the Kuchiku.io use of personal information.
10. THIRD- PARTY TERMS
10.1 You (i) will comply with any third-party terms and conditions applicable to the development and distribution of applications within the Publisher Network, including, without limitation, any third-party terms and conditions applicable to Your development and distribution of any part of Your Publisher Network operating on the Android or iOS mobile operating systems or any other operating system supported by Kuchiku.io now or in the future (collectively, “Third-Party Terms”), and (ii) will not cause Kuchiku.io to be in violation of any such Third-Party Terms.
10.2 Agents. Customer acknowledges and agrees that Kuchiku.io and respectively may engage third-party service providers in the performance of the Service on Customer’s behalf. All Affiliates and agents (also referred to as ‘other processors’ under the GDPR) to whom Kuchiku.io transfers Personal Information to provide the Service on behalf of Customer have entered into written agreements with Kuchiku.io or such other binding instruments that bind them.
11. OTHER PROHIBITED ACTIONS
You will not, and will not allow any third party to: (i) directly or indirectly access, launch or activate any of the Services, Kuchiku.io Code, Protocol, or any other Kuchiku.io technology, content, software, materials and/or documentation (collectively, the “Kuchiku.io Materials”) through or from, or otherwise incorporate any Kuchiku.io Materials in, any software, application, site or other means other than in Your designated Publisher Network as permitted under this Agreement during the Term (as defined below); (ii) copy, distribute, rent, sell, lease, lend, sublicense, transfer any Kuchiku.io Materials or make any Service available to any third party except as expressly set forth and in accordance with this Agreement; (iii) decompile, reverse engineer, or disassemble the Kuchiku.io Materials; (iv) create derivative works based on the Kuchiku.io Materials; (v) modify, remove, or obscure any proprietary notices or legends that appear on the Kuchiku.io Materials or during the use and operation thereof; (vi) use any Kuchiku.io Materials to directly or indirectly generate queries, or impressions of or clicks on Demand Ads, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, any methods described in Section 4(e) above); (vii) create or attempt to create a substitute or similar service or product to any Service through use of or access to any of any Kuchiku.io Materials or proprietary information related thereto; (viii) use or modify any feature or functionality of a Service to collect personally identifiable information; or (ix) engage in any action or practice that reflects poorly on Kuchiku.io or otherwise disparages or devalues Kuchiku.io reputation or good will.
12. NO ENDORSMENT
You acknowledge and agree that Kuchiku.io is not affiliated with or responsible for any third-party products or services You may choose to manage with any Service. Kuchiku.io reserves the right, but will have no responsibility, to edit, modify, refuse to post or remove any content, in whole or in part, that in Kuchiku.io sole and absolute discretion, deems objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement. Kuchiku.io has no obligation to monitor the content of any Demand Ad or Publisher Ad. Notwithstanding the foregoing, Kuchiku.io may remove or block any Demand Ad or Publisher Ad if Kuchiku.io reasonably determines that such action is appropriate to prevent errors or any other harm with respect to the Service, it violates Kuchiku.io Policies, or to avoid or limit Kuchiku.io liability.
13. CALIFORNIA TERMS
You are responsible for compliance with the California Consumer Privacy Act, California Civil Code Section 1798.100, et seq. (“CCPA”). If You use the Services in a way that causes Kuchiku.io to collect personal information from California residents, you will provide all notices and offer all opt out choices required by the CCPA in accordance with the Kuchiku.io Policies for Publisher Partners. If you do not explain to California residents that they may opt out of any sales of their personal information by using the mobile platform settings as described in the Kuchiku.io Policies for Publisher Partners, or if applicable, you do not transmit to Kuchiku.io opt outs obtained via your publisher-owned consent mechanism in accordance with Kuchiku.io documentation, you may not send Kuchiku.io any ad requests for Kuchiku.io Marketplace or Kuchiku.io Advanced Bidding for California residents that have opted out of the sale of their personal information under the CCPA. Where and solely to the extent Kuchiku.io receives ad requests from You in accordance with the Kuchiku.io Policies for Publisher Partners for California residents that have opted out of the sale of their personal information, for those ad requests, Kuchiku.io will act as your service provider as defined by the CCPA and will not retain, use or disclose any personal information other than (i) for purposes of performing obligations under this Agreement, including by providing Your bid requests to Advertising Demand Partners to allow them to bid on and display and serve their ads on Your Inventory based upon the selling criteria selected by You via the Kuchiku.io UI, to cap the frequency of ads, for conversion, measurement, and reporting purposes, for fraud detection purposes, or for any other business purpose; or (ii) as may otherwise be permitted for service providers in the CCPA. The provisions of this Section 4(n) are effective solely to the extent the CCPA applies. The terms in this paragraph shall supersede contradictory language in this Agreement and shall have the meaning given to them under the CCPA. Link to CCPA : https://www.kuchiku.io/ccpa
14. PLATFORMS AND SERVICE PROVIDERS
14.1. You will fully comply with any terms, rules, guidelines and instructions, by IOS, Android and any other applicable mobile platform or operator.
14.3. Without limiting the aforesaid, you may not operate your Offering in a manner that will be deemed, or encourages activity that will be deemed as fraudulent, misleading, threatening, harassing, anti-competitive, misleading, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable.
14.4. You will not provide end users and any other third party inaccurate or false statements about the source, ownership, purpose, functionality or features of the Offering and any third-party content included therein.
15. TRANSPARENCY, TERMS OF SERVICE.
15.1. You will engage your end users with full transparency and disclose to them: (i) Your full name and contact details, and of any other person or entity that provides the Offering; (ii) the terms and conditions, or license agreement (“Offering Terms“) that govern the end users’ use of the Offering; (iii) all details about the effect of installing the Offering on the end user’s device, and any changes in the
settings of the device as a result thereof.
15.2. You will make the Offering Terms easily accessible to end users, prior to the installation process of the Offering, in the course of the installation, and through the Offering.
15.3. You will clearly and conspicuously disclose to end users’ – and where required under the applicable Laws– receive the end users’ appropriate consent and permission, to the Offering’s access to and use of any features of the end users’ devices, including, without limitation, (i) any access to
the device features, such as the camera or speaker; (ii) any changes in the settings, preferences, functionality or display of the device’s operating system, browser and other applications; (iii) Any code installations, disablement, interference, impairment or uninstallation. Notwithstanding,
you may make changes to the device settings if: (i) the end users reasonably expect these changes in connection with the installation and use of the Offering; or, (ii) the end user provided the appropriate consent under the applicable Laws to the changes; or (iii) the changes are technical and minor by their nature and do not interfere, violate or infringe end users’ rights.
16. TERMINATION OF SERVICE
16.1 Termination by Kuchiku.io:
Kuchiku.io may terminate the Service with or without cause at any time, effective immediately and without prior notice. Kuchiku.io may terminate a Publisher via written or email notice as necessary at Kuchiku.io sole discretion. Kuchiku.io will not be liable to Publisher or any third party for Termination of Service.
16.2 Termination by a Publisher:
Publisher may terminate this Agreement upon 48 hours prior written notice to Kuchiku.io via email.
Upon termination of the Service, by Kuchiku.io or by a Publisher, Publisher’s right to use the Service instantly ceases. Publisher will have no right, and Kuchiku.io will have no obligation thereafter, to forward any information associated with Publisher’s Account.
17.1 Some of the mobile websites/applications are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the mobile websites/applications, queries made through the mobile websites/applications or other information.
17.2 The manner, mode and extent of advertising by the Service on the mobile websites / applications are subject to change without specific notice to Publisher.
Publisher or Kuchiku.io may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party (“Confidential Information”). The receiving party agrees to make commercially reasonable efforts, but in no case less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information will not include: (i) information that is or becomes part of the public domain through no act or omission of the receiving party, or (ii) is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement, or (iv) is disclosed pursuant to the order or requirement of a court, stock exchange, administrative agency, or other governmental body.
Publisher agrees that Kuchiku.io may provide Publisher’s basic details Account and Publisher’s email to the publisher/advertiser or any third party.