Terms of Service

Effective: September 1, 2026 · iTekMedia.com

1. Agreement structure

These terms apply to your use of itekmedia.com. Use of the iTek platform is governed by the signed Master Subscription Agreement ("MSA"), its Order Forms and DPAs, which control over these terms for platform matters.

2. Site license & restrictions

Site content (text, marks, code, design) is owned by iTek or its licensors. You may view and link to it; you may not copy substantial portions, resell access, probe or scan the infrastructure, or imply partnership without written consent. Customer and partner names appear with permission.

3. Platform services (summary)

• Provisioning: modules, seat counts and throughput are defined per Order Form; usage beyond contracted limits may be metered or throttled per the MSA.
• Customer data: you represent that data you ingest is lawfully collected, consented and free of prohibited categories (children, sensitive classes) per the MSA.
• Acceptable use: no unlawful content, no malware distribution, no circumvention of consent enforcement, no re-identification attempts of platform pseudonymized IDs.
• Uptime: 99.99% monthly availability commitment with service credits per the MSA schedule.

4. Fees & payment

Platform fees are subscription- and usage-based as stated in Order Forms, invoiced monthly in advance (usage in arrears), net 30. Overdue amounts accrue 1.5%/month or the legal maximum. Fees exclude taxes, which are your responsibility except for our income taxes.

5. Warranties & disclaimers

We warrant professional-grade performance of the services and conformance to documentation. Except as stated, services are provided "as is" and we disclaim implied warranties to the maximum extent permitted by law. We do not warrant that campaigns will achieve any particular ROAS, CPA or delivery outcome; performance depends on factors outside our control (inventory, competition, creative, market conditions).

6. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect or consequential damages, including lost profits or data loss; (b) aggregate liability is capped at the fees paid or payable in the 12 months before the claim (platform) or at $100 (site use); (c) carve-outs apply for confidentiality, IP infringement, and liability that cannot lawfully be limited.

7. Term, suspension & termination

Subscriptions renew per Order Form. We may suspend for non-payment after notice or for security/legal emergencies without prior notice. On termination you retain exported data for 30 days; we then delete it per the DPA except where law requires retention.

8. Confidentiality, IP & feedback

Each party safeguards the other's confidential information. You keep ownership of your data and campaign results; we keep ownership of the platform, models and aggregate learnings. Feedback may be used freely; no obligation to compensate.

9. Governing law

Delaware law, USA, excluding conflict-of-laws rules; exclusive venue in the state or federal courts of New York County, unless the MSA specifies otherwise. EU/UK consumers retain mandatory local protections.

10. Contact

Legal notices: iTekMedia.com, Attn: Legal, 240 W 40th St, New York, NY 10018 · legal@itekmedia.com.