Effective Date: January 15, 2026

These Terms and Conditions (“Terms”) constitute a binding legal agreement between the entity accepting these terms (“Client” or “You”) and Aditude, Inc. (“Aditude”, “we”, or “us”). This Agreement governs your access to and use of Aditude’s free Prebid Cache infrastructure (the “Service”), a free product offered. You acknowledge that the Service is provided at no charge and agree that the disclaimers and limitations of liability set forth in these Terms are a fundamental basis of the bargain between you and Aditude. These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between the parties regarding the Service. For the use of all other services provided by Aditude, please refer to our terms and conditions found here: aditude.com/terms.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Service Overview

Aditude provides the Service to you at no cost to enhance the performance and efficiency of your advertising operations. The Service is offered solely at our discretion and is subject to change or termination at any time. You acknowledge and agree that the Service is provided strictly on an “AS IS” and “AS AVAILABLE” basis as further defined in Section 5. Aditude makes no representations or warranties regarding the availability, reliability, or performance of the Service.

2. License and Usage Restrictions

2.1. License. Aditude grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for its intended purpose, which is to improve the performance of your advertising operations. You agree to use the Service only in accordance with these Terms. 

2.2. Restrictions. You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, or otherwise attempt to discover the source code or underlying structure of the Service; (b) use the Service for any fraudulent, unlawful, or infringing purpose; (c) materially interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (d) sell, sublicense, or otherwise transfer your rights to access or use the Service.

3. Ownership and Intellectual Property

3.1 Ownership. As between the parties, Aditude retains all right, title and interest in and to the Service and all associated software, documentation, and intellectual property rights. No ownership rights are transferred to you under this Agreement. 

3.2. Rights in Feedback. If you provide Aditude with any feedback, suggestions, or ideas for improvement regarding the Service (“Feedback”), you hereby grant Aditude a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to use and exploit the Feedback solely for the purpose of improving the Service and Aditude's related products and services.

3.3 Third-Party and Open-Source Software. The Service incorporates third-party software, including components made available under open-source licenses (“Third-Party Software”). Required notices and a list the governing licenses for such Third-Party Software is available at: https://www.aditude.com/third-party-and-open-source-software-notices. You agree to comply with the terms of all applicable Third-Party Software licenses.  To the extent there is a conflict between these Terms and the license for a specific component of the Third-Party Software, the terms of that license will prevail with respect to your use of that component. For the avoidance of doubt, the disclaimers and limitations of liability set forth in this Agreement apply to the Service in its entirety, including all incorporated Third-Party Software.

4. Data Rights and Privacy

4.1. Service Data. In connection with the provision of the Service, Aditude may collect, process, and analyze data and other information relating to the performance, use, and configuration of your advertising operations (“Service Data”). 

4.2. License to Aditude. You grant Aditude a non-exclusive, worldwide, royalty-perpetual free license to: (a) use, copy, modify, and process Service Data solely for the purpose of providing, maintaining, and improving the Service for you; and (b) use, copy, modify, and create derivative works from Service Data in an aggregated and anonymized form, such that it does not identify you or any individual, for analytics, benchmarking, marketing, and other business purposes.

4.3. Your Representations. You represent and warrant that you have obtained all necessary rights, permissions, and consents to provide the Service Data to Aditude for the purposes described in these Terms and that, to your knowledge, the provision and use of such data as contemplated herein will not violate any applicable laws or third-party rights. Aditude’s data processing practices are further described in our Privacy Policy, available at aditude.com/privacy.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ADITUDE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. ADITUDE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. YOU ACKNOWLEDGE THAT THE SERVICE IS A NO-COST SERVICE MADE AVAILABLE AS A COMMERCIAL COURTESY.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADITUDE, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

(a) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF ADITUDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR

(b) ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE.

THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ADITUDE. YOU ACKNOWLEDGE THAT ADITUDE WOULD NOT BE ABLE TO PROVIDE THE SERVICE AT NO COST WITHOUT THESE LIMITATIONS.

7. Indemnification

You agree to indemnify, defend, and hold harmless Aditude and its affiliates, officers, employees, and agents from any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Service; (b) your violation of these Terms; or (c) the Service Data you provide, to the extent such claim alleges that such data infringes or violates any third-party intellectual property or privacy rights, provided that such infringement or violation was not caused by Aditude's modification or misuse of the Service Data.

8. Modification, Suspension, and Termination

8.1. Modification and Suspension. Aditude reserves the right to modify, suspend, or discontinue the Service, in whole or in part, at any time, without notice, and for any reason. This includes the right to limit or restrict access to the Service.

8.2. Termination. We may terminate or suspend your access to the Service immediately and without notice, including if we believe you have violated these Terms.

8.3 Effect of Termination. Upon termination, your license to the Service will immediately cease and you must cease all use of the Service. Sections 3 (excluding the perpetual Feedback license which shall terminate one year after termination), 5, 6, 7, 9, and 10 will survive termination. Section 4.2(a) regarding Aditude's license to use Service Data for providing the Service shall terminate upon termination of this Agreement, while Section 4.2(b) regarding aggregated and anonymized data shall survive.

9. Changes to Terms

Aditude may, at its sole discretion, modify or update these Terms at any time. Any changes will be posted on our website, and Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms at any point, you may cease the use of the Service.

10. Governing Law and Dispute Resolution

10.1. Governing Law. These Terms will be governed by and construed in accordance with the laws of New York, without regard to its conflict of laws principles. 

10.2. Arbitration. Any dispute arising from or relating to these Terms shall be finally settled by arbitration in New York County, New York, administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. Each party shall bear its own attorneys' fees and costs, and the parties shall share equally the fees and costs of the arbitrator and arbitration administration. The arbitration will be conducted by a single commercial arbitrator with substantial experience in technology and commercial contract disputes. Judgment on the award may be entered in any court of competent jurisdiction. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

10.3. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at: privacy@aditude.io.

By using the Prebid Cache, you acknowledge that you have read, understood, and agree to these Terms and Conditions.