TERMS OF SERVICE

Last Updated: January 29, 2026

This Terms of Service Agreement (“Agreement” or “Terms”) constitutes a legally binding contract between you (either as an individual or entity, “User,” “you,” or “your”) and MediaMind S.A.R.L-S (“Company,” “we,” “us,” or “our”).

We are a company organized under the laws of luxembourg, walferdange, with our principal place of business at 42a, rue du soleil, L-7250 Helmsange, walferdange.

This Agreement governs your access to and use of MediaMind S.A.R.L-S and related services, software, applications, and websites (collectively, the “Services”).

IMPORTANT NOTICE: By creating an account, accessing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must not access or use our Services.

You must be at least 18 years old to use our Services.

1. DEFINITIONS AND INTERPRETATION

For purposes of this Agreement:

“Account” means the user account created to access and use our Services.

“Content” means any information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials.

“Customer Data” means any data, content, or materials provided, uploaded, or transmitted by you through the Services.

“Documentation” means user guides, technical manuals, and other materials provided by us relating to the Services.

“Intellectual Property Rights” means all intellectual property rights worldwide, including without limitation, copyrights, trademarks, patents, trade secrets, and moral rights.

“Order Form” means the ordering document specifying the Services to be provided that is entered into between you and us.

“Personal Data” has the meaning set forth in our Privacy Policy.

2. SERVICE DESCRIPTION AND ACCESS

2.1 Service Provision We provide online services through a web-based platform accessible via web browsers.

2.2 Service Levels

2.3 Technical Requirements To access our Services, you must meet the minimum technical requirements as specified in our Documentation, including: a compatible device and internet connection.

2.4 Service Modifications We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

2.5 Third-Party Integrations

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation Our Services may be accessed without account registration for basic functionality.

3.2 Account Information You must provide accurate, current, and complete information during registration and maintain the accuracy of your account information.

3.3 Account Security You are responsible for:

Maintaining the confidentiality of your account credentials
All activities occurring under your account
Notifying us immediately of any unauthorized access or security breach

3.4 Account Suspension We may suspend or terminate your account if you:

Violate these Terms
Provide false or misleading information
Engage in fraudulent or illegal activities
Fail to pay applicable fees

4. ACCEPTABLE USE AND RESTRICTIONS

4.1 Permitted Use Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your intended business or personal purposes in accordance with these Terms..

4.2 Use Restrictions You shall not:

Use the Services for any unlawful purpose or in violation of applicable laws
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the integrity or performance of the Services
Reverse engineer, decompile, or disassemble any part of the Services
Use automated means to access the Services without our written permission
Transmit viruses, malware, or other harmful code
Impersonate any person or entity or misrepresent your affiliation
Violate the rights of others, including intellectual property rights

4.3 Compliance Requirements

5. USER CONTENT AND DATA

5.1 Your Content Ownership You retain ownership of all Customer Data you provide through the Services.

5.2 License to Use Your Content

5.3 Content Standards

5.4 Content Removal

5.5 Data Protection Your Personal Data is processed in accordance with our Privacy Policy, which forms an integral part of this Agreement.

5.6 Data Retention We retain your data as long as necessary to provide the Services or as required by law.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Rights We and our licensors own all Intellectual Property Rights in the Services, including software, technology, content, trademarks, and documentation. No rights are granted to you except as expressly set forth in these Terms.

6.2 Trademark License Our trademarks, service marks, and logos are our property. You are not granted any right to use them without written permission.

6.3 Feedback Any suggestions, ideas, or feedback you provide about our Services become our property and may be used without restriction or compensation to you.

6.4 Copyright Infringement

6.5 Open Source Components

7. PAYMENT TERMS AND BILLING

7.1 Fees and Payment All payments must be made in Euros (EUR). You agree to provide accurate payment information.

7.2 Billing Cycles Subscriptions are billed monthly.

7.3 Price Changes We reserve the right to change prices with 30 days’ notice to existing customers.

7.4 Taxes All prices include applicable taxes unless otherwise stated. You are responsible for any additional taxes.

7.5 Refunds and Cancellations **No Refunds:** All payments are final and non-refundable except as required by applicable law.

7.6 Late Payments Late payments may incur interest at 1.5% per month or the maximum allowed by law.

8. SUBSCRIPTION SERVICES

8.1 Subscription Terms

8.2 Auto-Renewal Subscriptions do not auto-renew; you must manually renew.

8.3 Cancellation We may terminate for violations or at our discretion with reasonable notice.

8.4 Free Trials

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy Our collection, use, and protection of your information is governed by our Privacy Policy, available at https://media-mind.lu/privacy-policy/.

9.2 Cookie Policy Our use of cookies and similar technologies is described in our Cookie Policy, available at https://media-mind.lu/cookie-policy/.

9.3 Data Processing Agreement For users in the EU or UK, our Data Processing Agreement (DPA) applies and is incorporated herein. The DPA is available at .

9.4 International Data Transfers

9. WARRANTIES AND DISCLAIMERS

9.1 Mutual Warranties Each party represents and warrants that:

It has the legal capacity to enter into this Agreement
This Agreement constitutes a valid and binding obligation
Its execution will not violate any other agreement to which it is bound

9.2 Service Warranties

9.3 Disclaimer of Warranties THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY

10.1 Liability Exclusions TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

10.2 Liability Cap TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM.

10.3 Exception for Certain Claims The limitations in this Section do not apply to:

Breach of confidentiality obligations
Infringement of intellectual property rights
Indemnification obligations
Gross negligence or willful misconduct

11. TERM AND TERMINATION

11.1 Term This Agreement commences when you first access the Services and continues until terminated in accordance with these Terms.

11.2 Termination for Convenience Either party may terminate this Agreement with reasonable notice.

11.3 Termination for Cause We may terminate for violations of these Terms.

11.4 Effect of Termination Upon termination, your access ceases, and we may delete your data after 30 days.

11.5 Survival The following provisions survive termination: Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 13 (Governing Law), and 14 (General Provisions).

12. DISPUTE RESOLUTION

12.1 Informal Resolution Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations for a period of thirty (30) days.

12.2 Formal Dispute Resolution Disputes may be resolved through either court proceedings or binding arbitration, at our discretion.

12.3 Governing Law This Agreement is governed by the laws of Luxembourg, without regard to conflict of law principles.

12.4 Jurisdiction You consent to the exclusive jurisdiction of courts in Luxembourg.

13. COMPLIANCE AND REGULATORY

13.1 Export Controls

13.2 Industry-Specific Compliance

13.3 Accessibility

14. GENERAL PROVISIONS

14.1 Entire Agreement This Agreement, together with our Privacy Policy and any applicable Order Forms, constitutes the entire agreement between the parties.

14.2 Amendment

14.3 Severability If any provision is found unenforceable, the remainder of this Agreement remains in effect.

14.4 Assignment We may assign these Terms in whole or in part without your consent in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our written consent.

14.5 Force Majeure Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, such as acts of God, war, terrorism, or natural disasters.

14.6 Notices Notices shall be delivered via email to the address associated with your account or posted on our website.

14.7 No Waiver Failure to enforce any provision does not constitute a waiver of future enforcement.

14.8 Independent Contractors The parties are independent contractors and this Agreement does not create a partnership, joint venture, or agency relationship.

15. CONTACT INFORMATION

For questions about these Terms, please contact us:

Email: info@mediamind.lu Phone: 352661202386 Address: 42a, rue du soleil, L-7250 Helmsange