OnSpot: Website Terms of Use

These Terms of Use (“Terms”) govern all onspotdata.com web pages, app.onspotdata.com web pages, and onspotdsp.com web pages.

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.

Permitted and Prohibited Use of the Site

When you use our Site, you must comply with all applicable laws, including federal, state, and local regulations, the laws of your jurisdiction, and any rules governing the transmission of technical data.

Prohibited Conduct

By accessing the Site, you agree not to:
Display, send, receive, or store obscene or otherwise inappropriate content.
Threaten, harass, stalk, defame, or defraud any person or entity.
Violate copyright, trademark, or any other intellectual property laws.
Advertise, promote, endorse, or market—directly or indirectly—any third-party products, services, solutions, or technologies.
Collect, store, or publish personally identifiable information without the owner’s knowledge and consent, or collect such information from any minor under the age of thirteen (13) under any circumstances.
Distribute unwanted, unsolicited, or harassing mass emails or other messages, promotions, advertising, or solicitations (“spam”).
Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
Access or use any application, system, service, tool, data, account, network, or content without authorization or in a manner inconsistent with its intended use.
Disable, disrupt, circumvent, interfere with, or otherwise violate the security or integrity of the Site.
Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services by any means, including but not limited to denial-of-service attacks, monitoring, crawling, spamming, bot or script usage, or distributing malware (including viruses, Trojan horses, worms, spyware, or adware).
Engage in or promote illegal or criminal activity, including child pornography, gambling, or piracy.
Authorize, permit, enable, induce, or encourage any third party to engage in any of the activities listed above.

Violations

If you violate these Terms, your access to the Site may be terminated immediately and without notice.

Privacy and Personal Information

OnSpot’s Online Privacy Policy explains how we protect your privacy and handle your personal information when you use our Site. By accessing or using the Site, you agree that OnSpot may use and process your information in accordance with that policy.

User Accounts and Access Credentials

Certain features or services on our Site may require you to create an account, set up a user profile, or download OnSpot software. Some features may also require payment. In those cases, additional OnSpot terms or requirements may apply. When additional terms conflict with these Terms, the additional terms will govern.

Account Creation and Responsibilities

If a portion of the Site requires an account or profile, the information you provide must be truthful and accurate. User accounts, profiles, usernames, and passwords are assigned to one individual only. You agree that you will not:

Allow another person or entity to access your account or credentials at any time, or
Attempt to access the account, profile, username, or password of any other person or entity.

You must notify OnSpot immediately if you become aware of unauthorized use of your account or any other security breach.

Our Rights Regarding Your Account

We may, at our sole discretion and at any time, do any of the following:

Reject or remove any content you post,
Restrict, suspend, or terminate your access to some or all of the Site, or
Discontinue the Site entirely.

We may take these actions for any reason or no reason, with or without notice, and without liability. If we do so, we may retain or delete any information or content you provided.

Site Content and Intellectual Property

Our Site includes content owned, operated, licensed, and/or controlled by OnSpot that is protected by copyright, trademark, trade secret, and other proprietary rights (“Site Content”). OnSpot or its licensors retain all rights in this material. We grant you a limited, revocable, non-sublicensable right to view Site Content solely for your internal use of the Site. Site Content may include icons, photographs, white papers, product documentation, technology overviews, implementation guides, and similar materials, which may only be used under limited circumstances.

Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of OnSpot or third parties. “OnSpot” is a registered trademark of OnSpot and/or its affiliates. Use of OnSpot Marks is permitted only in strict accordance with our Trademark Guidelines (pdf). Otherwise, you may not use any Mark without prior written consent from OnSpot or the respective owner. A complete list of OnSpot trademarks is available at: http://www.OnSpot.com/web/siteassets/legal/trademark.html.

Software Content

Software made available on the Site—including source and binary forms, sample code, APIs, SDKs, documentation, and related materials (“Software Content”)—is owned by OnSpot or its licensors and protected by all applicable intellectual property laws.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own terms and conditions, and your use must comply with the relevant licenses, which may include OnSpot’s General Terms, API or SDK licenses, sample code licenses, and applicable free or open-source software licenses.

Your Content

We do not claim ownership of any text, files, images, photos, videos, sounds, software, works of authorship, or other materials you upload or provide through the Site (“User Content”). However, you grant OnSpot a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Site and related services. You also agree that other users of the Site may access, view, store, and reproduce your User Content for personal use or in connection with the Site.

If you intend for any User Content to be generally available as Software Content, you must also specify a license granting sufficient rights for others to use your work as intended—such as an open-source license or a Creative Commons license. Guidance on choosing an appropriate free-software license can be found at: https://choosealicense.com/.

You may not post, modify, distribute, or reproduce copyrighted or proprietary materials without obtaining written consent from the copyright owner. We may terminate accounts or deny access to users alleged to have infringed another party’s intellectual property rights.

Public and Nonconfidential Submissions

All User Content is considered nonconfidential and public. Do not submit confidential or private information through the Site.

Feedback

If you provide feedback or ideas, you authorize OnSpot to use that feedback for any purpose, without restriction or limitation.

Disclaimers and Limitations of Liability

Except as specifically provided above, nothing in these Terms grants, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of OnSpot or any third party. All rights not expressly granted are reserved.

Although we strive to provide accurate information on the Site, we do not guarantee its accuracy and assume no responsibility for any errors or omissions.

We do not endorse or assume responsibility for user conduct or any content submitted by users. Nothing in these Terms requires us to monitor the Site or to edit or remove any materials or information.

Our Site may contain links to third-party websites. These links are provided for convenience only and do not constitute an endorsement of the linked content. Accessing any third-party site is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements on those sites.

You are solely responsible for maintaining the confidentiality of your account credentials. OnSpot is not liable for any harm arising from the theft or misappropriation of your username or password, the disclosure of your credentials, or your authorization of others to use your account.

We may change the programs or products referenced on the Site at any time without notice. Mention of non-OnSpot products or services is for informational purposes only and does not constitute an endorsement or recommendation. Because our Site may include international information, some products or programs referenced may not be available in your country. Please contact your local sales representative for availability.

The Site and all information provided through it are subject to applicable federal, state, and local laws, U.S. export control laws, and any laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone whom we suspect, at our sole discretion, of violating any applicable law, including reporting such activity to law enforcement.

Warranty Disclaimer

The Site is provided “as is,” with all faults, and without any warranty of any kind. To the fullest extent permitted by law, OnSpot disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade practice. We do not warrant that the Site or any related services or content will meet your expectations, be error-free, or produce any specific results.

Limitation of Liability

To the fullest extent permitted by law, OnSpot is not liable for any indirect, special, consequential, or incidental damages—including lost profits, lost revenue, replacement costs, loss of data, or damages resulting from your use of or inability to use the Site or any related services or content. This limitation applies even if we have been advised of the possibility of such damages.

No Guarantee of Results

OnSpot does not guarantee, promise, or warrant any specific results from the use of the Site or any related services or content. Your use of the Site is at your own risk.

Purchase and Payment Terms

We accept payments made through our website for services that have already been delivered to you, for invoices issued by our accounting department, and for the purchase of advertising media on the OnSpot Integrated DSP.

Refund Policy

OnSpot may refund payments made in excess of the invoiced amount for delivered services, upon request. Any dispute regarding invoiced amounts must be resolved before payment is submitted, in accordance with the terms of your Master Services Agreement or Insertion Order.

For payments submitted to obtain credit for the purchase of digital advertising media, we will refund any unused amounts upon customer request. All refund requests should be directed to OnSpot Accounting at accounting@onspotdata.com

Delivery Policy

Services delivered under your Master Services Agreement or Insertion Order are completed before any invoice is generated and are delivered electronically to you or your designated partner in accordance with your agreement with OnSpot. Purchased digital advertising media is also delivered electronically as specified in your agreement.

Return Policy

All purchases are final once the applicable item or service has been electronically delivered.

Cancellation Policy

Cancellation terms for your contract or order with OnSpot are governed by the Master Services Agreement or Insertion Order you executed with us. Please refer to the specific cancellation provisions in your contract.

Patent Notice

Certain technologies, products, and services offered by OnSpot Data are protected by one or more of the following United States patents:

US 9,087,346 B2
US 9,439,033 B2
US 9,565,522 B2
US 9,654,919 B2
US 9,870,574 B2
US 10,402,860 B2
US 10,719,852 B2
US 10,687,174 B1
US 11,049,145 B2
US 11,228,866 B1
US 11,356,808 B1
US 11,392,987 B2
US 11,568,444 B2
US 12,028,779 B2
US 12,141,838 B2
US 12,284,568 B2
US 11,783,372 B2

This notice is provided in accordance with the virtual patent marking provisions of 35 U.S.C. § 287(a). Additional patents may be pending. This list may not be exhaustive, and the absence of a specific product or service from this notice does not limit OnSpot’s ability to enforce its intellectual property right.

About These Terms of Use

We may update or modify these Terms from time to time at our sole discretion. Please review this page periodically to stay informed of any changes.

Governing Law

These Terms are governed by the laws of the State of California, U.S.A., excluding its conflict of laws principles.

Jurisdiction and Venue

For any dispute relating to the Site or these Terms, you and OnSpot agree to exclusive personal jurisdiction and venue in the state and federal courts located in Santa Clara County, California, U.S.A.

Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be removed, and the remaining provisions will continue in full force and effect.

No Waiver

If you or others violate these Terms and we do not take immediate action, our inaction does not waive or limit our rights—including the right to take action later or in similar circumstances.