Terms of Service

Terms of Service

hereinafter referred to as the Agreement Between TACTIC Real-Time Marketing AS Org. # 912694127 hereinafter referred to as "TACTIC™" has developed and owns the Software as a Service platform available on app.tacticrealtime.com, which, among other things, allows production and real-time editing of advertisements via the "TACTIC™ Application". The TACTIC™ Application enables Account Managers to manage its brand in the advertising solution with an unlimited number of Users (Account Managers, Brand Managers, Regular Managers), campaigns, advertisements and live channels.

TACTIC™'s terms of service apply to the use of the TACTIC™ Application and the software as a service for the creation and real-time editing of online advertisements available on the site (the "Service"). The Terms are an agreement between you ("You" or the "User") and TACTIC™. By entering into an agreement with TACTIC™ with reference to these Terms, or by using, creating an account and/or by logging onto the TACTIC™ Application, You accept the Terms of Service.

1. Rights to Access

1. 1.1 TACTIC™ grants the User non-exclusive rights to use the TACTIC™ Application and to use the Service for the agreed number of accounts, set by the Account Manager.

2. 1.2 TACTIC™ has an obligation to deliver support, if requested by a User. Support includes TACTIC™ servers and services as well as software. The response time for service enquiries and error messages refers to the time interval in which TACTIC™ is obliged to manage the issue. The response time duration is dependent upon the classification of the support service. TACTIC™ prices support to its end customers and partners. The User can request support by submitting error messages to TACTIC™ technical support via support@tacticrealtime.com, or, in the event of urgent matters, by calling technical support on +47 69 10 98 30 . Support provides 24/7 system monitoring, and technical user support is available between the hours of 08:00 - 16:00 CET

3. 1.3 The TACTIC™ Application and the Service may only be used for the agreed permitted use of the TACTIC™ Application, the creation, rectification, hosting, publishing, and distribution of advertisements the User can create using the TACTIC™ Application and the Service. The TACTIC™ Application and the Service may not be used for illegal purposes or purposes that violate any applicable laws and regulations or for any other purposes that are or may be perceived as illegal.

2. Users Obligations

1. 2.1 Upon conclusion of the Agreement, the client agrees to use TACTIC™ in accordance with TACTIC™ 's Terms of Service as set down in this Agreement when consenting to and logging in to the TACTIC™ Application.

2. 2.2 CONTENT OWNERSHIP The Account Manager has complete and unlimited responsibility for the contents published to displays/advertisements via the advertising solution. The Account Manager has an obligation to clarify the use of the system with media and media agencies, etc. The Account Manager's responsibility also covers all content published to displays/advertisements via the solution by other users that the Account Manager has granted access to the system.

3. 2.3 Distribution of Hosted Adverts

4. 2.3 (a) User(s) agree to only serve Adverts from Containers or Tags available in the TACTIC™ Application to the appropriate 3rd-party DSP, Ad Server, Publisher, or other Network.

5. 2.3 (b) User(s) agree to only distribute Ads, Containers, and/or Tags from the TACTIC APPLICATION that are compliant with the necessary Data Privacy Regulations, and must follow all guidelines and limitations set by the 3rd-Party DSP, Ad Server, Publisher, or other Network.

6. 2.3 (c) User(s) holds the obligation to be informed of how 3rd-Party DSP, Ad Server, Publisher, or other Network provider are collecting and processing of information about consumers of ad serving to personalise advertising and/or content for consumers in other contexts, such as on other websites or apps, over time.

7. 2.3 (d) User(s) holds the obligation to only work with 3rd-Party DSP, Ad Server, Publisher, or other Network or content provider that enforces consent when necessary to be compliant with Data Privacy Regulation in targeted or interest based advertising.

3. Use of 3rd-Party DSPs, Ad Servers and Networks

TACTIC™ is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, prices, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the TACTIC™ Application , are those of the User(s) or distributor(s) and not of TACTIC™ . Neither TACTIC™ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

4. Use of the TACTIC™ Creative API

Permission is granted to download TACTIC™ Creative API on the TACTIC™ Github site, non-commercial transitory viewing only without a license agreement to the TACTIC™ Application. This is the grant of a license, not a transfer of title, and under this Terms of Service User(s) may not:

• Attempt to decompile or reverse engineer any software contained on the TACTIC™ Creative API, or otherwise, the TACTIC™ Application.

• Remove any copyright or other proprietary notations from the materials; or

• Transfer the materials to another person or "mirror" the materials on any other server.

• Set cookies within the Dynamic Creatives or Adverts built using the TACTIC™ Creative API

• Create calls for external resources for use within Dynamic Creatives or Adverts built using the TACTIC™ Creative API

TACTIC™ reserves the right to reject Dynamic Creatives that violate common Ad Serving, Data Privacy, or Security practices for use within our application.

This Terms of Service will automatically terminate if you or a user(s) under any Account violate any of these restrictions and may be terminated by TACTIC™ at any time.

5. Monitoring

TACTIC™ shall have the right, but not the obligation, to monitor the content of the TACTIC™ Application, including Adverts, Resources, Users, Channels, Brands, and User Accounts, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. TACTIC™ has the right to edit, refuse to post or remove any material submitted to or uploaded to the TACTIC™ Application. Without limiting the foregoing, TACTIC™ holds the right to remove any material in the TACTIC™ Application deemed to be in violation of the provisions hereof or otherwise objectionable.

6. Links

1. 6.1 External Links. TACTIC™ has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TACTIC™ of the site. Use of any such linked website is at the user's own risk.

2. 6.2 Ads Links to Other Sites Ads served by TACTIC™ usually link to other websites, which may have privacy assurance practices that differ from ours. TACTIC™ does not control and cannot be held responsible for the content of these web sites. To make sure your privacy is protected, please consult the respective privacy policy of the web site you are visiting.
   

7. Fees and Service Charges

The agreement is automatically renewed for an additional 12 months of time in the absence of written termination of the agreement no later than 3 months before the agreement expires. Notice of termination must be submitted in writing via e-mail to contact@tacticrealtime.com.

1. 7.1 The responsible Account Manager is required pay a fee for use in accordance with the rate agreed within the CPM, and/or fixed CPM rates signed by the Account Manager of the Agreement. TACTIC™ reserves the right to update contracts and price lists. 

2. 7.2 TACTIC™ reserves the right to charge the User a penalty interest of 12 per cent per annum or the highest rate permitted under applicable law (if higher) in respect of the late payment of any sum due from the due date until payment is made.

3. 7.3 Unless otherwise stated, all amounts stated are expressed exclusive of value added tax. Value added tax and other charges may result fees payable by the User to TACTIC™, if applicable, and must be paid by the User.

8. Confidential information

The User(s) shall be obliged to maintain complete confidentiality with respect to information relating to TACTIC™, including its function and operation and any components that the client becomes familiar with through the Agreement and its implementation. Breach of confidentiality may result in liability for damages. In general, the Parties shall also be obliged to maintain confidentiality concerning confidential information relating to the other Party that the Parties become aware of through the Agreement and its implementation. In this context, confidential information shall include technological, financial and commercial information, insight or experience or other data or information that the Party should have understood that the other Party did not wish to make available to others. The Parties shall take the necessary precautions to ensure that unauthorised persons do not gain access to or become aware of confidential information and that the Parties' employees maintain confidentiality. The agency shall, under all circumstances, have an obligation not to share user access, passwords or similar with more than the contractual number of users or other external parties. The confidentiality shall also apply after the Agreement has ended.

9. Privacy and Use of Cookies

1. 9.1 Any information you provide during access to and use of the TACTIC™ Application is governed by TACTIC™ 's Privacy Policy. By using the TACTIC™ Application, you agree to the collection, use, and sharing, if any, of your information as set forth in our Privacy Policy. Any dispute over privacy is subject to the Terms of Service and the Privacy Policy.

2. 9.2 We use cookies and other automated means of data collection on our TACTIC™ Application. Please read our Cookie Policy to understand how we use cookies and such other automated means on the Sites.

3. 9.3 Your User Rights to Opt-Out:

   • You may opt-out of cookies used on our websites through the instructions provided in our Cookie Policy.

   • You may choose to opt-out of our Marketing and Advertising Efforts here.

   • You may choose to request to delete yourself from our system, here.

10. Intellectual property rights and ownership

The Agreement shall be governed and complemented by Norwegian law, including the Copyright Act, Design Act and Trademark Act, etc. TACTIC™ holds and retains full ownership and all intellectual property rights relating to the TACTIC™ Application and all of its components, including but not limited to, all forms of copyrighted and associated works, inventions, designs, trademarks, know-how, models, concepts, API, methodologies, systems, tools and source codes for the system. The Agreement provides the client only with limited usage rights (license) for the use of the TACTIC™ Application. The client shall own all content and materials implemented and used in the solution.

11. Termination

1. 11.1 The right to use the TACTIC™ Application and the Service is – unless otherwise is agreed separately – valid for an initial period of one year from agreed delivery date or from the date the User was granted access to the Service. Unless terminated in writing at least three months prior to the expiry date, the agreement will thereafter be automatically extended for an indefinite period with a mutual right to terminate the agreement by giving three months' prior notice in writing.

2. 11.2 In addition to the above, the agreement may immediately be terminated:

3. 11.2 (a) by TACTIC™ if the Account Manager fails to pay any sum due within 45 days of the due date of the payment;

4. 11.2 (b) by either party if the other party commits a material breach, which (in the case of a breach capable of being remedied) shall not have been remedied within 24 hours following receipt of a written request to remedy the same from the non- breaching party; and

5. 11.3 (c) by either party if the other party enters into bankrupt or falls under liquidation or makes a composition with its creditors or generally fails to pay its debts as they become due.

12. Force Majeure

The other party shall be notified as soon as possible in the event that an extraordinary situation that falls outside of the Parties' control occurs and makes it impossible to fulfil the obligations set down in this agreement and that shall be considered force majeure pursuant to Norwegian law. The obligations of the affected Party shall be suspended for the duration of the extraordinary situation. The counter-obligations of the other Party shall be suspended for the same period of time.

13. Disputes

The Parties' rights and obligations under the Agreement shall be governed and complemented in full under Norwegian law. In the event of disputes between the Parties concerning the interpretation or legal impact of the Agreement, the dispute should initially be attempted to be resolved through negotiations. The parties shall be represented by authorised legal representatives during negotiations. In the event that a dispute cannot be resolved through negotiations, either Party can demand that the dispute be determined with final effect through a Norwegian court of law. The Parties shall be obliged to attempt to resolve the dispute through arbitration through the district court unless an agreement can be reached through negotiations. The Parties agree that the exclusive legal venue shall be Oslo District Court.