• Japanese convenience translation below / の自然で契約文書向きな日本語は、次がベストです

1. Definitions

1.1 “Advertiser” means the entity entering into an Order Form with Almedia for advertising services.

1.2 “Advertiser Panel” means the self-service interface made available by Almedia through which Advertiser may manage Campaigns, increase budgets, upload creatives, or modify Campaign settings (subject to restrictions).

1.3 “Advertising Materials” means all creatives, assets, URLs, tracking links, brand materials, and content provided by Advertiser.

1.4 “Agreement” means these Terms & Conditions, together with any Order Form and the Almedia Advertiser DPA referenced herein.

1.5 “Campaign” means an advertising campaign described in an Order Form or configured in the Advertiser Panel.

1.6 “Customer Data” means data processed by Almedia solely on behalf of Advertiser as described in the DPA.

1.7 “Fraud” / “Invalid Activity” means any activity that artificially inflates, manipulates, misrepresents, or distorts genuine user actions, attribution, Campaign performance, or billing, including but not limited to bots, device farms, fake accounts, misattribution, unauthorised incentivisation, or similar forms of non-genuine activity.

1.8 “Order Form” means any campaign-level agreement executed by Advertiser that incorporates these Terms by reference.

1.9 “Services” means the advertising, promotion, user acquisition, optimisation, and related services provided by Almedia as described in the Order Form.

1.10 "Mobile Measurement Platform" or "MMP" means the Attribution platform chosen by Advertiser (e.g. Appsflyer, Adjust, Singular).

1.11 "Media Partner(s)" means any publishers, carriers, device manufacturers, app stores or traffic sources used by Almedia.

1.12 "Attribution Window" means the period during which an Action may be attributed to Almedia.

1.13 "Action" means Installs, clicks, impressions, in-app events or other defined billable events.

1.14 ”Postback Window" means time period an in-app event is sent after install.

1.15 ”CPM" / "CPC" / "CPI" / "CPA" / "CPD" means Billing models defined in Section 14.

2. Structure of Agreement

2.1 These Terms govern the Services provided to Advertiser. The Agreement consists of:

• (a) the Order Form,

• (b) these Advertiser Terms & Conditions (the “Terms”), and

• (c) the Advertiser DPA (“DPA”).

2.2 In the event of conflict, the hierarchy is:

• (i) Order Form

• (ii) these Terms

• (iii) DPA

In the event of any conflict between these Terms and the DPA relating to the Processing of Personal Data or Data Protection Laws, the DPA shall prevail.

3. Campaign Activation

3.1 A Campaign becomes binding when Advertiser executes an Order Form or activates a Campaign in the Advertiser Panel.

3.2 Advertiser is responsible for all settings, budgets, targeting and configurations made in the Advertiser Panel.

3.3 Budget decreases require written approval from Advertiser’s Almedia account manager; budget increases may be done by Advertiser directly through the Advertiser Panel and are at Advertiser’s risk.

3.4 Daily budgets represent a daily average and not a strict limit. Almedia may underspend on low-opportunity days and may overspend by up to 25% on high-opportunity days to optimize performance and pacing. Over a rolling period, Almedia will use commercially reasonable efforts to keep average spend aligned with the daily budget set by the Advertiser.

4. Advertising Materials & Licence

4.1 Advertiser warrants it holds all rights necessary for Almedia to use the Advertising Materials.

4.2 Advertiser grants Almedia a non-exclusive, worldwide licence to use the Advertising Materials solely for providing the Services.

4.3 Advertiser shall not provide materials that:

• infringe third-party rights

• violate applicable laws

• are misleading, defamatory, obscene, or harmful

• contain malware, unauthorised tracking, or harmful scripts

4.4 Almedia may reject or suspend the use of Advertising Materials that violate these Terms or pose legal, regulatory, or reputational risk.

5. Prohibited Activities & No-Bid Clause

5.1 Advertiser shall not engage in, authorise, or permit any activity that manipulates Campaign performance, violates laws or platform policies, misleads users, involves unauthorised sub-affiliates, or harms Almedia’s reputation.

5.2 No-Bid & Brand Bidding Restriction: Advertiser shall not bid on, purchase, or attempt to purchase any search engine, keyword, domain, ad network placement, metadata tag or similar query term containing:

• (a) “Freecash”

• (b) “Almedia”

• (c) any variation, misspelling, or confusingly similar designation,

unless explicitly approved by Almedia in writing.

6. Tracking, Attribution & Invalid Activity

6.1 The Advertiser is solely responsible for correctly implementing all tracking integrations, including tracking URLs, SDK integrations, MMP configurations, event schemas, and postback setup. Any changes must be communicated to Almedia at least forty-eight (48) hours in advance.

6.2 Attribution is determined by the MMP selected by the Advertiser. If MMP data is unavailable, incomplete, or inconsistent, Almedia’s internal reporting applies. Advertiser backend data may be used only if mutually validated.

6.3 In the event of discrepancies among data sources, the following hierarchy applies:

1. Advertiser’s selected MMP

2. Almedia internal reporting

3. Advertiser backend (if mutually validated) 

6.4 Downtime & Tracking Disruptions:

(a) The Advertiser must promptly notify Almedia of any downtime or tracking malfunction.
(b) In case of downtime, estimated valid Actions shall be calculated as the average of:
(i) the average Actions of the three (3) hours immediately before the downtime; and
(ii) the average Actions of the three (3) hours immediately after tracking is restored.
(c) If tracking or logs are unavailable, Almedia’s internal reporting prevails unless demonstrably inaccurate. 

6.5 “Invalid Activity” or “Fraud” includes, without limitation:

(a) Technical or automated manipulation: bots, scripts, emulators, device farms, SDK spoofing, replay attacks, automation tools, fake device identifiers, randomized GAIDs/IDFAs, IP spoofing, VPN/proxy abuse beyond normal user behavior.

(b) Attribution manipulation: click injection, click spamming, fabricated impressions, synthetic traffic, misconfigured MMP settings leading to false attribution, mismatched or suppressed postbacks, manipulation or tampering with event data.

(c) User manipulation: self-referrals, fabricated or duplicate accounts, bulk device resets, misleading incentives outside of Almedia’s controlled environment, or any manipulation that creates non-genuine user behavior.

(d) Publisher / Partner misconduct: unauthorized traffic sources, undisclosed sub-affiliates, misrepresented placements, click-baiting patterns, non-human behavioral patterns, anomalous retention curves or CTR anomalies.

(e) Violations of third-party standards: breaches of MMP fraud policies or generally recognized invalid traffic rules, including IAB GIVT/SIVT definitions.

6.6 The Advertiser shall provide, upon request, relevant logs, MMP access, postbacks, and any reasonably required technical information necessary to investigate attribution issues or Invalid Activity. 

7. Fees, Billing, Payment and Adjustments

7.1 Actions are billed at the rates defined in the Order Form under one or more of the following models:

• (a) CPI: per attributed install

• (b) CPA: per attributed in-app event

• (c) CPM: per one thousand (1,000) impressions

• (d) CPC: per valid click

• (e) Hybrid models: any combination of the above

7.2 Invoices are issued monthly in arrears and payable within the timeframe defined in the Order Form. Late payments may incur statutory interest. 

7.3 Daily budgets represent a daily average and not a strict cap. 

Almedia may:

• (a) underspend on low-opportunity days; and

• (b) overspend by up to 50% on high-opportunity days to optimize pacing, performance, and inventory usage. 

Over a rolling period, Almedia will use commercially reasonable efforts to keep average daily spend aligned with the Advertiser’s selected budget.

7.4 Forecasts, pacing, volumes, and caps are estimates only. Almedia does not guarantee delivery volumes, pacing, or distribution. Underdelivery does not constitute breach of this Agreement.

7.5 Billing Adjustments Related to Invalid Activity:

If Invalid Activity as defined in Sec. 6.7 is detected, Almedia may:

• (a) declare affected Actions invalid

• (b) exclude such Actions from invoices

• (c) issue credit notes or adjust future invoices

• (d) temporarily suspend or pause Campaign delivery

• (e) withhold payments pending investigation

7.6 Advertiser-side tracking failures, misconfigurations, incorrect URLs, MMP issues, suppressed postbacks, or SDK errors do not invalidate Actions recorded by Almedia unless the Advertiser demonstrates that Almedia’s data is materially incorrect.

7.7 For purposes of invoicing, the attribution hierarchy in Sec. 6.3 applies.

7.8 Advertiser acknowledges and agrees that Almedia’s platform automatically identifies, filters, and deprioritises fraudulent or low-quality users through internal fraud-detection systems, behavioural analysis, and manual review.

(a) Almedia does not reward or retain value for users identified as fraudulent or low-quality. Instead, the associated CPI is reallocated within the Campaign to optimise delivery toward medium- and high-quality users, and to improve ROAS.

(b) As a result of this dynamic reward allocation system, no refunds, credits, or chargebacks are provided for users later flagged as low-quality or fraudulent-whether identified by Almedia, by the Advertiser or any third-party services (e.g. MMP or IP scoring providers) agreed between the Parties.

(c) Advertiser’s fraud reports or classifications do not alter invoicing unless Almedia, in its sole discretion, determines that the activity constitutes Invalid Activity under Section 6.5.

7.9 All rates, fees, and amounts payable under this Agreement are exclusive of any applicable taxes, duties, levies, or similar governmental charges, except where expressly stated otherwise. Each Party shall be responsible for its own taxes, bank charges, and transaction fees incurred in connection with payments under this Agreement.

7.10 Almedia will make final invoicing data available in connection with each invoice. The Advertiser shall review each invoice promptly and notify Almedia in writing of any disputes within five (5) business days of receipt, providing reasonable technical evidence to substantiate the dispute. If no dispute is raised within this period, the invoice shall be deemed final, accurate, and payable in full.

7.11 Late payments may accrue statutory interest. Almedia reserves the right to suspend Campaign delivery for overdue invoices.

7.12 All payments shall be made in the currency and to the bank account specified on the applicable invoice. Invoice details shall govern in case of inconsistency.

7.13 Unless otherwise expressly agreed in writing between the Parties, all fees and amounts payable under this Agreement shall be invoiced and paid in USD. Where both Parties are established in the European Union and the relevant Campaign activities are conducted exclusively within the European Union, invoices shall be issued in EUR, unless the Parties expressly agree otherwise in writing.

8. Use of Customer Data

8.1 Almedia may access and process Customer Data solely to provide, maintain, secure, and optimise the Services.

8.2 Customer Data shall not be used for product development, market analysis, or modelling except in aggregated, anonymised form.

8.3 The Parties agree to the DPA. 

9. Platform Access & Advertiser Panel

9.1 Almedia will provide Advertiser with access to the Advertiser Panel.

9.2 Advertiser is responsible for access credentials, internal user permissions, and any actions taken under its accounts.

9.3 Advertiser acknowledges that changes made through the Panel take effect immediately and are binding.

10. Intellectual Property

10.1 Almedia owns all rights in its platform, technology, analytics, fraud-detection systems, attribution logic, processes, and reports.

10.2 No rights are granted to Advertiser except as expressly stated.

10.3 Advertiser owns its Advertising Materials.

11. Confidentiality

11.1 “Confidential Information” means all non-public or proprietary information disclosed by one Party (“Discloser”) to the other (“Recipient”), in any form, including, without limitation:

(a) product concepts, designs, specifications, roadmaps, features, APIs, documentation, and security credentials;

(b) pricing, financial terms, performance metrics, user or usage data; and

(c) the terms of the Agreement, Order Forms, and related commercial arrangements.

11.2 Each Party shall keep all Confidential Information strictly confidential and shall not disclose it to any third party except as expressly permitted under this Agreement. Each Party shall use Confidential Information solely for the purpose of performing or enforcing this Agreement and shall protect it with at least the same degree of care it uses to protect its own confidential information of a similar nature, and in any event no less than reasonable care.

11.3 Confidential Information may be disclosed solely on a strict need-to-know basis to a Party’s employees, officers, affiliates, professional advisers, or subcontractors who are bound by written confidentiality obligations no less protective than those set out in this Section, provided that the disclosing Party remains responsible for any breach by such recipients.

11.4 The obligations in this Section shall survive for three (3) years following termination or expiry of the Agreement, provided that obligations relating to trade secrets and Personal Data shall survive for so long as such information remains protected under applicable law.

11.5 Unless expressly approved by Almedia or required by applicable law, Advertiser shall not issue any press release, marketing communication, public statement, case study, or other disclosure that references Almedia, Freecash, or the existence or terms of the Services.

12. Compliance & Legal Requirements

12.1 Advertiser shall comply with all applicable laws, advertising standards, consumer protection rules, sanctions laws, platform policies and data protection requirements.

12.2 Almedia may suspend or restrict a Campaign if it reasonably believes non-compliance may occur.

13. Audit Rights

13.1 Almedia may, with 5 business days’ notice, appoint an independent auditor to verify:

• attribution accuracy

• tracking integrity

• server-side postback accuracy

• MMP configuration and logs

13.2 Advertiser must provide read-only access to relevant dashboards and logs.

13.3 If discrepancies exceed 5%, Advertiser shall: (a) reimburse audit costs, (b) correct configuration issues, (c) credit any underreported Actions.

14. Pricing and Action Models

The following different pricing and Action models exist:

• (a) CPI: Billable when an install is attributed to Almedia via MMP.

• (b) CPA: Billable when the defined in-app event occurs within the Postback Window.

• (c) CPM: Billable impressions determined by Almedia unless demonstrably inaccurate.

• (d) CPC: Billable clicks as tracked by Almedia.

• (e) Underdelivery: Almedia is not liable for underdelivery. Caps, pacing, and volumes are targets, not guarantees.

• (f) Attribution Priority: As defined in Section 6.3.

15. Warranties & Disclaimers

15.1 Each Party warrants it has authority to enter into the Agreement.

15.2 Almedia does not guarantee specific performance outcomes, traffic volumes, conversion rates, or continuous service availability.

15.3 All implied warranties (merchantability, fitness, non-infringement) are excluded to the maximum extent permitted by law.

16. Limitation of Liability

16.1 Almedia’s aggregate liability shall not exceed the total fees paid by Advertiser in the twelve (12) months preceding the event.

16.2 Neither Party is liable for indirect, consequential, punitive, or special damages (including lost profits, lost business, or loss of data).

16.3 Liability for wilful misconduct or fraud is not excluded.

17. Term & Termination

17.1 Either Party may terminate an Order Form or the Agreement with 30 days’ written notice.

17.2 Either Party may terminate immediately for uncured material breach (after 10 days’ notice).

17.3 Upon termination, Advertiser shall pay all amounts accrued up to the termination date.

17.4 Sections on confidentiality, liability, payment, data protection, and governing law survive termination.

18. Modification of Terms

18.1 Almedia may update these Terms from time to time; updated versions will be published at the URL referenced in the Order Form.

18.2 Changes take effect upon posting.

18.3 Advertiser’s continued use of the Services or Panel after posting constitutes acceptance.

18.4 If Advertiser objects to a material change, it may terminate within 15 days.

19. Assignment

19.1 Advertiser may not assign the Agreement without Almedia’s consent.

19.2 Almedia may assign to any affiliate or in connection with merger, acquisition, or corporate reorganisation.

20. Governing Law & Jurisdiction

20.1 This Agreement is governed by the laws of the Federal Republic of Germany, excluding conflict-of-laws principles.

20.2 The courts of Berlin, Germany have exclusive jurisdiction over all disputes arising out of or relating to the Agreement.

20.3 Each Party irrevocably submits to the exclusive jurisdiction of the courts of Berlin, Germany, and agrees not to challenge the jurisdiction of those courts.

21. Miscellaneous

21.1 Nothing creates a partnership, joint venture, fiduciary relationship, or agency.

21.2 Notices may be delivered via email.

21.3 If any section is invalid, the remainder remains in effect, and invalid terms shall be replaced by enforceable terms closest to the Parties’ original intent.

21.4 The Agreement constitutes the entire agreement between the Parties.