Effective Date: 1 September 2026
Last Updated: 1 September 2026
These Terms of Use (“Terms”) govern access to and use of Edge, a demand-side platform (“DSP”) operated and provided by Cubera Adexchange, Inc. (“Cubera”, “Company”, “we”, “us” or “our”). Edge, including the platform and the services and functionalities made available through it, is collectively referred to as the “Platform”.
Edge enables advertisers, agencies and other authorised customers to plan, purchase, manage, optimise and measure digital advertising inventory across websites, mobile applications, connected television/OTT environments and other digital channels.
These Terms, together with any applicable order form or statement of work and any policies or terms expressly incorporated herein, constitute a legally binding agreement between Cubera and the entity accessing or using the Platform (“Advertiser”, “you” or “your”). By accessing or using the Platform, or by selecting a checkbox, clicking “I Agree” or “Accept”, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform or Services.
“Advertising Material” means any advertisement, advertising content, copy, text, image, graphic, video, audio, logo, trademark, brand element, link, landing page or other promotional material provided, uploaded or authorised by the Advertiser for use in connection with a Campaign through the Services.
“Applicable Law” means all applicable laws, statutes, regulations, rules, orders and other legally binding requirements applicable to a Party, the Services, a Campaign, Advertising Materials, data processed in connection with the Services, or the Advertiser’s access to or use of the Platform.
“Campaign” means an advertising campaign created, submitted or authorised by the Advertiser through the Platform, including its objectives, budget, pricing model, targeting parameters, creatives and other settings. “Campaign Data” means data generated or collected in connection with campaign operation, delivery, measurement, optimisation, billing, reporting or performance.
“CPA” or “Cost Per Action” means a pricing model under which the Advertiser is charged for each qualifying action. “CPI” or “Cost Per Install” means a pricing model under which the Advertiser is charged for each qualifying installation. “CPM” or “Cost Per Mille” means a pricing model under which the Advertiser is charged for each one thousand qualifying impressions.
“Fees” means all fees, charges, media spend, service fees, platform fees, third-party charges and other amounts payable by the Advertiser to Cubera. “Impression” means a qualifying delivery or display of an advertisement to an end user, as determined under Cubera’s applicable measurement and reporting methodology or the applicable Order Document.
“Intellectual Property Rights” means all rights, title and interests in copyrights, neighbouring rights, moral rights (to the extent waivable), trademarks, service marks, trade names, logos, domain names, designs, patents, trade secrets, know-how, confidential information, databases, software, source code, object code and all other proprietary or intellectual property rights, whether registered or unregistered, worldwide.
“Order Document” means any order form, insertion order, campaign brief, pricing schedule, statement of work or other commercial document agreed between Cubera and the Advertiser. “Personal Data” means information relating to an identified or identifiable individual, or an equivalent term defined under Applicable Law.
“Services” means the DSP and related services provided through Edge, including campaign configuration, audience targeting, programmatic bidding, advertising inventory access, campaign optimisation, pacing, frequency capping, day-parting, performance measurement, reporting and fraud-detection functionalities. “Targeting Parameters” means criteria selected or specified for targeting a Campaign. “Third-Party Platform” means an advertising exchange, supply-side platform, publisher, ad network, inventory provider, measurement provider, attribution provider or other third-party platform or service used in connection with the Services.
The Services are intended for business and commercial use and may only be accessed by individuals at least eighteen (18) years of age. The Advertiser represents that it is a valid legal entity with authority to enter into these Terms and that the person registering or using the Platform on its behalf is duly authorised to bind it. The Advertiser is responsible for the acts and omissions of its employees, agents, contractors and other authorised users.
The Advertiser shall provide accurate and current information, promptly update material changes, maintain the confidentiality and security of its account credentials, and promptly notify Cubera of actual or suspected unauthorised access. Cubera may refuse registration or suspend or restrict access where inaccurate or misleading information is provided, unlawful, fraudulent or abusive activity occurs, a material security, regulatory or reputational risk exists, or Applicable Law or a Third-Party Platform requires it.
Edge enables Advertisers to plan, execute, manage and optimise programmatic digital advertising Campaigns across display, native, video, CTV, Push, Pop and mobile channels and formats. The Services may include Campaign setup and management, audience and contextual targeting, real-time bidding, automated pacing, frequency capping, day-parting, bidding and optimisation, performance measurement, reporting and fraud detection. Cubera may use automated systems, machine learning and AI-based technologies in providing the Services.
The Services may depend on advertising exchanges, publishers, ad networks, measurement providers and other Third-Party Platforms. Cubera does not guarantee any particular inventory or opportunity, acceptance or success of a bid, or Campaign delivery or performance, including impressions, clicks, conversions, installations, reach, win rates, revenue or return on advertising spend.
The Advertiser shall not, and shall not permit any third party to:
The Advertiser shall provide accurate and complete information, instructions and materials and is responsible for Campaign settings, budgets, targeting, Advertising Materials and other Campaign parameters. The Advertiser shall ensure its Campaigns, Advertising Materials, products, services, offers and claims comply with Applicable Law and applicable policies, and shall obtain and maintain all necessary rights, licences, permissions and consents, including for data, audience information or Targeting Parameters used through the Platform.
The Advertiser shall pay Fees applicable to the Services and Campaigns as specified in the applicable Order Document or otherwise agreed through the Platform. Campaigns may be priced on a CPM, CPI, CPA or other agreed model. Unless otherwise agreed in writing, Fees are non-refundable once incurred and exclude applicable taxes, duties, levies and similar governmental charges. The Advertiser authorises Cubera to incur media spend and other charges in accordance with approved Campaign budgets, pacing and other approved mechanisms. Cubera may suspend or restrict Campaign delivery or access for overdue amounts, subject to applicable notice or cure requirements.
Certain features, Services or Campaigns may be subject to additional terms or requirements notified through the Platform or otherwise; these form part of these Terms and the specific terms prevail in the event of conflict. The Advertiser is responsible for all activity through its account and must promptly notify Cubera of unauthorised access or a security breach. The Advertiser represents that it has all necessary rights and permissions to provide information or materials submitted through the Platform.
Cubera may use automated or other measures to detect and prevent fraudulent, invalid or non-genuine traffic and Campaign activity. The Advertiser shall not generate or facilitate artificial impressions, clicks, conversions, installations or other Campaign activity, including through bots, click manipulation, cloaking or deceptive means, and shall not conceal a Campaign’s actual content or destination. Cubera may exclude or adjust affected activity from reporting or billing, suspend the relevant Campaign or account, and take other reasonable protective measures. The Advertiser remains responsible for Fees, costs and losses arising from activity attributable to it or its authorised users.
Cubera and its licensors retain all right, title and interest in the Platform, Services, software, technology, algorithms, models, systems, interfaces, documentation and related Intellectual Property Rights. Subject to these Terms, Cubera grants the Advertiser a limited, non-exclusive, non-transferable and revocable right during the Term to access and use the Platform solely for its internal business purposes.
The Advertiser retains its rights in Advertising Materials and other materials it provides. The Advertiser grants Cubera a non-exclusive, worldwide, royalty-free licence to host, reproduce, transmit, display and otherwise use them only as necessary to provide, operate and improve the Services and perform Cubera’s obligations. Cubera may use Campaign Data in aggregated or de-identified form for analytics, benchmarking, improving and developing the Platform, provided such use does not identify the Advertiser or an individual.
Each Party may receive the other’s non-public information (“Confidential Information”). The receiving Party shall use it only for these Terms, protect it with reasonable care, and not disclose it except to affiliates, employees, advisers, contractors or service providers who need to know it and are bound by confidentiality obligations. Confidential Information excludes information that is public, already lawfully known, lawfully received from a third party, or independently developed. Disclosure required by law or governmental authority is permitted, subject to prior notice where legally permitted.
Each Party shall comply with Applicable Law relating to collection, use, processing and protection of Personal Data. The Advertiser shall ensure that Personal Data provided to or through the Platform has been lawfully collected and may be used by Cubera to provide the Services, including obtaining required notices, consents and permissions. Cubera may process Platform and Campaign Data to provide, secure, measure and improve the Services and detect fraud, invalid traffic and misuse. Where required, the Parties shall enter into a data processing agreement or other applicable terms.
Each Party represents and warrants that it is duly organised, validly existing and in good standing under the laws of its jurisdiction of organisation; has full power and authority to enter into and perform these Terms; and that acceptance and performance do not violate Applicable Law or any binding agreement. The Advertiser further represents that information it supplies is accurate, complete and not materially misleading; that it has all rights, licences, permissions and consents needed for its Advertising Materials and data; and that its Campaigns, Advertising Materials, Targeting Parameters, landing pages, products, services, offers and data comply with Applicable Law and do not facilitate unlawful, deceptive, fraudulent or misleading content or activity.
Except as expressly provided in these Terms, the Platform and Services are provided on an “as is” and “as available” basis. To the extent permitted by Applicable Law, Cubera disclaims all implied warranties and conditions, including merchantability, fitness for a particular purpose, satisfactory quality, availability, accuracy, non-infringement and uninterrupted or error-free operation. Cubera does not warrant that the Platform or Services will be uninterrupted, secure, error-free or continuously available, or that any Campaign will achieve particular delivery or performance. Cubera does not guarantee the availability, accuracy, performance or continuity of Third-Party Platforms or services.
The Advertiser shall indemnify and hold harmless Cubera, its affiliates and their respective officers, directors, employees and agents from and against third-party claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to the Advertiser’s Campaigns or Advertising Materials; products, services or offers promoted through a Campaign; breach of these Terms; or allegations that Advertising Materials or data infringe third-party rights or Applicable Law. The Advertiser shall not settle a claim in a manner that admits liability on Cubera’s behalf or imposes an obligation on Cubera without Cubera’s prior written consent.
To the maximum extent permitted by law, Cubera shall not be liable for indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, business, goodwill or data. Cubera’s total aggregate liability arising out of or relating to these Terms, the Platform or Services shall not exceed the Fees paid or payable by the Advertiser for the Services giving rise to the claim.
Cubera may, with or without prior notice, suspend, restrict or terminate access to the Platform or any Campaign, or suspend or discontinue part of the Services, where reasonably necessary due to breach, suspected fraud, unlawful activity or misuse, to protect the Platform or Cubera, or to comply with Applicable Law. Where reasonably feasible, Cubera will notify the Advertiser of the reason and may restore access once the relevant circumstances are resolved.
Neither Party shall be liable for delay or failure to perform obligations due to events beyond its reasonable control, including natural disasters, war, government action, power or network failures, cyber incidents, or disruption or failure of cloud infrastructure, advertising exchanges, publishers, SSPs or other Third-Party Platforms. The affected Party shall take reasonable steps to minimise the impact and resume performance as soon as practicable. The Advertiser remains liable for Fees and amounts due before the event.
For grievances, feedback or queries, please contact us in writing, referencing “Grievance of Policy”:
Email: legal@cubera.co
Cubera Adexchange Inc.
5535 Peregrine Way, Blaine, WA 98230
We may send notices by the email you provide. We have no responsibility for notices not delivered because contact information is outdated or inaccurate. Please address notices to legal@cubera.co at Cubera Adexchange Inc., 5535 Peregrine Way, Blaine, WA 98230.
Cubera may modify or update these Terms from time to time by posting revised Terms on the Platform or otherwise providing notice. Revised Terms apply prospectively from their effective date and do not affect amounts accrued or obligations incurred before that date. Continued access to or use of the Platform or Services after the effective date constitutes acceptance of the revisions.
These Terms of Use and any dispute, claim or controversy arising out of or relating to the Terms or Services shall be governed by and construed in accordance with the laws of the State of Washington, United States of America.