Terms of Service

Effective date: 8 August 2026

These Terms of Service ("Terms") are the agreement between you and Mahhala Inc. ("Mahhala", "we", "us", "our") governing your use of Ads.Mahhala — the advertising network at ads.mahha.la, its APIs, ad tags, dashboards and related services (the "Services").

Ads.Mahhala is a business service. By using it you represent that you are acting for a business, that you are at least 18 years old, and that you have authority to bind the organisation on whose behalf you act. If you do not agree to these Terms, do not use the Services.

PLEASE NOTE: These Terms contain an arbitration agreement and class action waiver in section 18 that affect your legal rights. Please read that section carefully.

Ads.Mahhala is operated separately from the mahha.la marketplace, which has its own terms.

1. The Services

Ads.Mahhala is a two-sided advertising network.

• Advertisers create campaigns, set budgets and targeting, upload creatives, and pay for the advertising delivered against them.
• Publishers offer ad placements ("zones") on properties they own or control, and earn a share of the revenue those placements generate.

We provide the platform that matches the two, delivers the advertising, measures it, and settles the money. We are not the advertiser, and we are not the publisher.

2. Accounts

Both advertiser and publisher accounts may be created by self-service registration; you choose which when you sign up. Opening an account is not approval of what you put in it: advertising is reviewed before it serves, and inventory is reviewed before it carries paid advertising. We may refuse, pause or remove either at our discretion, and we may decline or close an account outright.

You agree to provide accurate account and business information and to keep it current. You are responsible for all activity under your account and for the security of your credentials, including any API keys you generate. We strongly recommend enabling two-factor authentication or a passkey. Notify us immediately at support@ads.mahha.la of any unauthorised use.

If you invite colleagues onto your account, you are responsible for their actions on the Services and for removing access when it should end.

3. Advertiser terms

Your campaigns. You are responsible for your campaigns: the creatives, the copy, the landing pages, the budgets, the targeting and the schedule. You represent that you hold all rights necessary to use the material you upload, and that your advertising complies with all applicable law — including advertising standards, consumer protection, product safety, financial promotion and data protection law in every market you target.

Prohibited advertising. You may not run advertising that is unlawful, deceptive or fraudulent; infringes anyone's intellectual property; promotes illegal goods or services; contains malware, cloaked destinations or deceptive redirects; misrepresents its origin or the product advertised; makes unsubstantiated health, financial or earnings claims; is targeted at children; or is discriminatory, hateful, harassing, or sexually explicit. We publish and may update more specific creative standards; they form part of these Terms.

Moderation. Creatives are reviewed before they serve. We may reject, pause, remove or require changes to any creative or campaign at our discretion, with or without notice, including after it has been approved. Rejected creatives do not serve and are not charged for. Approval is not an endorsement and is not legal advice about your advertising.

Landing pages. The destination must match what the ad promises, must work, and must comply with the same standards as the creative itself. We may pause a campaign whose destination becomes unreachable, harmful, or materially different from what was reviewed.

Budgets and delivery. Budgets are targets applied by a distributed delivery system, and delivery may overshoot slightly before pacing catches up. We do not guarantee any volume of impressions, clicks, conversions, placement, position, or any commercial result. Reporting figures produced by our systems are the authoritative record for billing.

Conversion pixels. If you install our conversion pixel on your own website, you are responsible for having a lawful basis and appropriate disclosures for doing so, and for your own cookie and privacy notices. Do not send us special-category data, data about children, or any directly identifying information through the pixel.

4. Publisher terms

Your inventory. You represent that you own or are authorised to sell advertising on every property and zone you register, that each property complies with applicable law, and that its content does not fall within the prohibited categories we publish.

Traffic quality. You must not generate, encourage or permit invalid traffic. That includes clicking your own ads, incentivising or instructing anyone to click, using bots, automated traffic, click farms, hidden or stacked placements, auto-refresh designed to inflate impressions, pop-unders that manufacture views, or any other means of artificially inflating impressions, clicks or conversions. This is the one rule we enforce most strictly.

Ad placement. Ads must be visible to real users, clearly distinguishable from your own content, and must not be obscured, stacked, sized to be invisible, or placed to cause accidental clicks. You must not modify, obscure, reorder or intercept the ad code we provide, and you must not attempt to alter our tracking.

Earnings and payouts. Earnings accrue against delivered advertising and are finalised into a statement each period. Payouts are made through Stripe Connect once you complete onboarding and identity verification; we cannot pay you until you do. Earnings may be reversed where the underlying traffic is found to be invalid, or where an advertiser's payment is charged back or otherwise not collected. Reversals appear on your statement and may reduce a future payout.

Withholding. We may withhold or reverse payment, and suspend or terminate a publisher account, where we reasonably believe invalid traffic, misrepresentation or a breach of these Terms has occurred. Where practical we will tell you what we found and give you a chance to respond.

5. Billing and payment

Advertising on Ads.Mahhala is postpaid. At the close of each billing period we issue an invoice for advertising actually delivered, based on our measurement systems. Payment is due on the terms stated on the invoice, and is settled through Stripe; card data is handled by Stripe and never reaches our servers.

You authorise us to charge any payment method you store for amounts due. If payment fails or an invoice becomes overdue, we may pause or halt delivery of your campaigns until the balance is settled, and we may charge interest on overdue amounts where permitted by law.

Prices are exclusive of taxes. You are responsible for any sales, use, VAT, GST or withholding taxes arising from your use of the Services, other than taxes on our income.

Refunds and credits are governed by our Refund Policy.

6. Measurement

Our measurement is the basis on which advertisers are billed and publishers are paid. Ad-blocking software, bot filtering, network conditions and the inherent limits of cookieless attribution mean our figures will not always match a third-party analytics tool or your own server logs. In the event of a discrepancy, our records govern, unless you demonstrate a defect in our measurement — in which case we correct it under the Refund Policy.

7. Acceptable use

You must not: interfere with or disrupt the Services or the infrastructure they run on; circumvent any rate limit, quota or access control; probe or attempt unauthorised access to the Services, other accounts, or connected systems; reverse engineer the Services except to the extent that restriction is unenforceable by law; scrape or extract data other than through the interfaces we provide; resell or sublicense access to the Services without our written agreement; or use the Services to build a competing advertising network.

You must not use another party's data obtained through the Services except as these Terms permit, and you must not attempt to re-identify any individual from the aggregate reporting we provide.

8. Data and privacy

Our handling of personal information is described in the Privacy Policy and the Cookie Policy.

Each party is responsible for its own compliance with applicable data protection law in respect of its own processing. Publishers are responsible for the notices and, where required, the consents obtained from visitors to their properties. Advertisers are responsible for the same on their own websites, including in respect of any conversion pixel they install.

9. Your content and our licence

You retain ownership of your creatives, trade marks, campaign material, property and zone information ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for format and sizing), transmit and display Your Content for the purpose of operating, delivering and reporting on the Services — and, for advertisers, to display your creatives on publisher properties across the network. This licence ends when you delete the content or your account, except for copies retained in backups, financial records and audit logs as described in the Privacy Policy.

10. Our intellectual property

The Services, including all software, ad tags, APIs, design and documentation, are owned by Mahhala or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use them in accordance with these Terms. All rights not expressly granted are reserved. "Mahhala", "Ads.Mahhala" and our logos are our trade marks; you may not use them without our prior written permission.

11. Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

12. Suspension and termination

You may stop using the Services at any time and close your account from your settings.

We may suspend or terminate your access, in whole or in part, at any time and with or without notice, if we reasonably believe you have breached these Terms, that your use creates legal or security risk, that traffic on your account is invalid, or that continued service would harm other users of the network.

On termination: delivery stops; any amounts you owe become immediately due and we will issue a final invoice for advertising already delivered; any earnings properly due to you are paid on the next payout cycle, subject to our right to withhold under section 4; and the sections of these Terms that by their nature should survive — including payment obligations, disclaimers, limitations of liability, indemnity and dispute resolution — survive.

13. Changes to the Services

The Services evolve. We may add, change, or discontinue features, targeting options, ad formats, reporting metrics or APIs. Where a change is material and adverse to you, we will give reasonable notice — for API and ad-tag changes that would break an integration, at least 30 days where practical.

14. Warranty disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PARTICULAR VOLUME, PLACEMENT, PERFORMANCE, REVENUE OR RETURN WILL BE ACHIEVED; OR THAT MEASUREMENT WILL BE FREE FROM THE DISCREPANCIES DESCRIBED IN SECTION 6. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, ANY ADVERTISER, PUBLISHER, PROPERTY, CREATIVE, PRODUCT OR LANDING PAGE ON THE NETWORK.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US, OR THAT WE PAID YOU, IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

These limitations do not apply to liability that cannot be excluded by law, to your payment obligations, or to either party's indemnity obligations. You acknowledge that without these limitations we could not offer the Services at these prices, and that they apply even if a limited remedy fails of its essential purpose.

16. Indemnification

You will indemnify, defend and hold harmless Mahhala and our affiliates, officers, directors, employees and agents from any claim, liability, damage, fine, penalty, loss or expense (including reasonable legal fees) arising from or relating to: (i) Your Content, your creatives, your landing pages, or your properties; (ii) your breach of these Terms or of any representation you make in them; (iii) your violation of any applicable law, including advertising, consumer protection and data protection law; (iv) any claim that Your Content infringes a third party's rights; or (v) invalid traffic originating from or attributable to your account.

We may assume exclusive defence and control of any matter subject to indemnification by you, in which case you will cooperate with us.

17. Governing law

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

18. Dispute resolution — arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN ST. LOUIS COUNTY, MISSOURI, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION PENDING ARBITRATION.

ARBITRATION SHALL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION, EXCLUDING ANY RULES PERMITTING CLASS OR REPRESENTATIVE ACTIONS.

YOU AND MAHHALA EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IN ANY FORUM. THE ARBITRATOR SHALL APPLY MISSOURI LAW, AND THE AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

IF ANY PART OF THIS SECTION IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER SHALL REMAIN IN EFFECT. IF THE ENTIRE SECTION IS FOUND UNENFORCEABLE, THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN ST. LOUIS COUNTY, MISSOURI.

19. Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, labour dispute, government action, power or network failure, or failure of a third-party infrastructure provider. The affected party will give prompt notice and resume performance as soon as reasonably possible.

20. General

Assignment. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship between the parties.

Waiver and severability. A failure to enforce a provision is not a waiver of it. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the remainder will continue in full force.

Entire agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and Mahhala regarding the Services and supersede all prior understandings. Where you have signed a separate written insertion order or master agreement with us, that document controls to the extent of any conflict.

Changes to these Terms. We may modify these Terms. When we make material changes we will revise the effective date and notify account holders by email or in the dashboard. Continued use after changes take effect constitutes acceptance.

21. Contact

Mahhala Inc.

Questions, notices and support: support@ads.mahha.la