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                                                            Terms of Service

Last updated: April 9, 2025

The Terms of Service below (collectively, the "Agreement") govern the relationship between you ("you" or "your") and Digital Turbine (IL) Ltd. or Fyber GmbH or Digital Turbine Media, Inc., as applicable (collectively referred to as "Digital Turbine," "we," or "our"). Together, you and Digital Turbine are referred to as the "Parties," and each individually as a "Party." 

Please read the following Terms of Service carefully before using our Services. By using the Services, you agree to be bound by their respective Terms. If you do not agree to this Agreement, you must not use (or must stop using) the Services. Access to and use of the Services may also be governed by additional terms or agreements between you and Digital Turbine. If you do not consent to this Agreement, you must not use (or you must stop using) the Services.

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The Services and Respective Terms of Service:

DT Exchange and DT FairBid (for Publishers): Service Order for DT Exchange and DT FairBid

This Service Order for Publishers (“Service Order”) is entered by and between either Digital Turbine (IL) Ltd. (formerly Fyber Monetization Ltd.), with offices at 4 Hapsagot Street, Petach-Tikva 4951447, Israel or if the Supply Partner is based in Turkey, Digital Turbine Media, Inc, with offices at 410 Blackwell St., Durham NC 27701, USA (collectively referred to as “DT”) and the entity accepting this Service Order during the registration process via the DT console (the “Supply Partner”), effective on the date of acceptance of this Service Order by Supply Partner (the “Service Order Effective Date”). This Service Order is made pursuant to and incorporates the terms and conditions of the Master Services Agreement for Supply Partners available at https://www.digitalturbine.com/msa-supply-fyber/ (the “MSA”). Capitalized terms not defined in this Service Order shall have the same meaning ascribed to them in the MSA. In case of any discrepancy or conflict between the terms of this Service Order and the MSA, the terms of this Service Order shall prevail. Incase of any discrepancy or conflict between the terms of an offline Service Order and the default online Service Order, the terms of the offline Service Order shall prevail.

 

If you have accepted this Service Order during the registration process via the DT console, then the following terms shall apply:

 

IF YOU DO NOT ACCEPT THIS SERVICEORDER IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE ANY SERVICE. IF YOU ARE ANINDIVIDUAL WHO CONSENTS THIS SERVICE ORDER ON BEHALF OF A BUSINESS, YOUREPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THEAGREEMENT, AND THAT YOUR CONSENT TO THIS SERVICE ORDER WILL BE TREATED AS THECONSENT OF THE BUSINESS. IN THAT EVENT, THE TERMS "BUSINESS”,"YOU" OR "YOUR" WILL REFER AND APPLY TO YOU AND TO THATBUSINESS. YOU ALSO CONSENT TO THE USE OF: (A) ELECTRONIC MEANS TO CONSENT TOAND COMPLETE THIS SERVICE ORDER, AND TO PROVIDE YOU WITH ANY NOTICES GIVENPURSUANT TO THIS SERVICE ORDER; AND (B) ELECTRONIC RECORDS TO STORE INFORMATIONRELATED TO THIS SERVICE ORDER AND YOUR USE OF ANY SERVICE.

 

1.     DT FairBid. Subject to the terms of the Agreement, the DT FairBid Service enables Supply Partner to use DT’s mediation technology to integrate, manage and optimize multiple mediated Ad networks, with whom Supply Partner has entered into a written agreement regarding the placement of Ads on its Property (the “DT FairBid” or the “Service”). 

2.     DT Exchange. Subject to the terms of the Agreement, the DT Exchange Service enables Supply Partner to make its Property’s Ad Inventory available for purchase, via a programmatic auction, to DT’s DSPs and for such demand partners to deliver Ads to the Property programmatically. The Service may include account management services, optimization, fraud detection, campaign management and the compilation of relevant statistical data (collectively, the “DT Exchange” or the “Service”).  

3.     Business and Payment Terms.

3.1    DT FairBid is provided to Supply Partner free of charge. As DT is not a party to advertising agreements between Supply Partner and its mediated Ad networks regarding the placement of Ads via the DT FairBid, Supply Partner will invoice and collect payments that are related to Ad delivery on its Property directly from such mediated Ad networks.

3.2    DT Exchange. Subject to the terms of the Agreement, whenever DT is serving Ads on the Property via the DT Marketplace, DT will: (a) be responsible for tracking, invoicing and the collection of all Revenue payable by Demand Partners for Ads delivered on the Property; and (b) pay Supply Partner a monthly revenue share of sixty-five percent (65%) of the Net Revenue (the “Supply Partner Revenue Share”) within sixty (60) calendar days after the end of each calendar month, in US$, subject to invoice. Additional currency may be available subject to Supply Partner bearing any currency conversion fee.  

4.     Reporting. DT will provide Supply Partner, at no additional charge, with a password-protected web page to DT’s user interface dashboard where Supply Partner will be able to access all records of its Ad Inventory that were sold to Demand Partners and mediated Ad networks delivering Ads on its Property, including Ad Impression reports and revenue reports (collectively, these reports are the “Supply Partner Reporting”). Supply Partner acknowledges that all numbers displayed in the Supply Partner Reporting are estimates and do not represent final numbers for billing purposes. Supply Partner will be able to view in its Account(s) certain Demand Partner Data and mediated Ad networks data with respect to the Ads served by the applicable Demand Partner on the Property. For the purpose herein “Demand Partner Data” means all data Demand Partner submit to DT in a Bid for a single Ad Impression, including the Ad content. 

5.     Supply Partner Obligations. Supply Partner shall use the Demand Partner Data in the Account only for its internal business purposes in connection with the Service.  

6.     Disclaimer. DT is not a party to advertising agreements and other legal relationships between Supply Partner and the mediated Ad networks regarding the placement of Ads on the Property via the DT FairBid or for any data processing activities performed by such Ad networks. DT does not assume any responsibility and is not subject to any liability regarding such agreements and legal relationships of Supply Partner. 

7.     Supply Partner Representations and Warranties. Supply Partner hereby represents and warrants that (i) Supply Partner has a valid agreement and account with the respective mediated Ad network (the “Mediation Account”);and (ii) Supply Partner will provide DT with the necessary access data to its Mediation Account, and hereby authorizes DT to access, retrieve, and make relevant data (e.g., reporting API) available in the Account.  

8.     Fraud. Neither Demand Partners nor DT are obligated to pay the Supply Partner Revenue Share, or any part thereof, for Ad Impressions (or other payable activities, as the case may be) generated by Fraud. Any Revenue determined by DT as being generated by Fraud will be deducted from the payable Supply Partner Revenue Share. DT may use third party service providers for Fraud detection and may disclose the identity of Supply Partner to such third parties as part of any Fraud investigation in connection with Supply Partner’s Account. 

9.     Term and Termination. This Service Order shall remain in force and effect until the earlier of (a) it has been terminated in accordance with this Section, or (b) it has been terminated in accordance with Section 10.3 of the MSA. Either party may terminate this Service Order for convenience upon 48 hours prior written notice to the other party. 

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DT Offer Wall (for Publishers):  Service Order for the DT Offer Wall Service

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This Service Order for the Offer Wall Service is entered into by and between Fyber GmbH, d/b/a “Digital Turbine” with offices at Wallstraße 9-13, 10179 Berlin, Germany (“DT”) and the entity (the “Supply Partner”) accepting this Service Order during the registration process via the DT console, effective on the date of acceptance of this Service Order by Supply Partner (the “Service Order Effective Date”). This Service Order is made according to and incorporates the terms and conditions of the Master Services Agreement for Supply Partners available at https://www.digitalturbine.com/msa-supply-fyber/ (the “MSA”). Capitalized terms not defined in this Service Order shall have the same meaning in the MSA. In case of any discrepancy or conflict between the terms of this Service Order and the MSA, the terms of this Service Order shall prevail. In case of any discrepancy or conflict between the terms of an offline Service Order and the default online Service Order, the terms of the offline Service Order shall prevail.

 

If you have accepted this Service Order during the registration process via the DT console, then the following terms shall apply:

 

IF YOU DO NOT ACCEPTTHIS SERVICE ORDER IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE. IFYOU ARE AN INDIVIDUAL WHO CONSENTS TO THIS SERVICE ORDER ON BEHALF OF ABUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THATBUSINESS TO THE AGREEMENT AND THAT YOUR CONSENT TO THIS SERVICE ORDER WILL BETREATED AS THE CONSENT OF THE BUSINESS. IN THAT EVENT, THE TERMS"BUSINESS”, "YOU" OR "YOUR" WILL REFER AND APPLY TOYOU AND TO THAT BUSINESS. YOU ALSO CONSENT TO THE USE OF: (A) ELECTRONIC MEANSTO CONSENT TO AND COMPLETE THIS SERVICE ORDER, AND TO PROVIDE YOU WITH ANYNOTICES GIVEN PURSUANT TO THIS SERVICE ORDER; AND (B) ELECTRONIC RECORDS TOSTORE INFORMATION RELATED TO THIS SERVICE ORDER AND YOUR USE OF THE SERVICE.

The Offer Wall Service:

1. Subject to the terms of the Agreement, DT shall (a) enable advertisers/agencies (“Demand Partners”) to run direct Ad campaigns with specific budget and other campaign specifications on the Property, and (b) make available to Supply Partner to integrate into the Property an incentivized opt-in user-initiated scrollable list of offers which includes individual Ads provided by Demand Partners (the “Offer Wall” or “Service”). Each list entry represents an incentivized Ad for Users to choose and make offer-specific actions to be rewarded with virtual in-game currency.

2. DT has no direct relationship with Users except for the limited scope of technical support provided to Users of the Offer Wall Service on behalf of the Supply Partner.

3. Implementation. As necessary, DT and Supply Partner will work together in good faith to (a) integrate the Offer Wall SDK / API with the Supply Partner’s Property and (b) mutually resolve any issues associated with such implementation.

4. Incentives. Supply Partner shall not reward the User with “real” (i.e., non-virtual) rewards such as money in a currency issued by any country in the world, goods or other tangible objects or services (including digital services) provided outside the use of the applicable Property, as well as virtual rewards that have a monetary value outside the applicable Property, without notifying DT in advance and receiving prior written (email suffices) approval from DT. The parties specifically agree that failure to notify DT and obtain DT’s approval according to this section is a material breach of the Supply Partner’s representations and warranties.

5. Business and Payment Terms. Subject to the terms of the Agreement, the Supply Partner shall be eligible to receive a monthly revenue share of sixty-five percent (65%) of the Net Revenue. DT will pay the Supply Partner its share of the Net Revenue within sixty (60) calendar days after the end of each calendar month, subject to Invoice.

6. Fraud. It is hereby agreed that DT is not obligated to pay the Supply Partner its share of Net Revenue in consideration of purchased Inventory on the App via the Service that was generated by Fraud. Any Revenue determined by DT as being generated by Fraud will be deducted from the Supply Partner’s share of Net Revenue. DT may use third-party service providers for Fraud detection and may disclose the identity of the Supply Partner to such third parties as part of any Fraud investigation in connection with the Supply Partner’s usage of the Service.

7. Term and Termination. This Service Order shall remain in force and effect until the earlier of (a) it has been terminated for convenience by either party upon 30 (thirty) days prior written notice, or (b) it has been terminated for cause per the applicable section in the MSA.

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User Acquisition (for Advertisers): Terms of Service for User Acquisition

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The Service (as defined below) provided by Digital Turbine Media, Inc. (“Media Company”) to you (“Advertiser” or “You”) pursuant to these Terms of Service (“Terms”) is subject to and governed by, the terms and conditions of the IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less, Version 3.0 available at https://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf (the “IAB Terms”), except as otherwise expressly modified by these Terms. These Terms constitute the entire agreement between Media Company and You. Absent any other offline agreement entered into between You and Media Company pertaining to the Service, You shall be deemed to have accepted these Terms. Capitalized terms used but not otherwise defined in these Terms have the meanings ascribed to them herein or in the IAB Terms. Media Company and the You are each referred to individually as a “Party” and collectively as the “Parties”.

Media Company and Advertiser hereby agree to amend the IAB Terms as follows:

  1. Advertiser hereby authorizes Media Company and its Affiliates (a) to place the Advertiser’s Ad and Advertising Materials on mobile properties (each a “Property” or a “Site” under the IAB Terms) owned or operated by Media Company or its Affiliates, its publishers, or, as applicable, third parties’ publishers (collectively, “Distribution Channels”); and (b) install the Application on the Properties through the applicable Distribution Channel ((a) and (b) together, the “Service”), as mutually agreed upon between the Parties in writing (email to suffice).
  2. Advertiser is solely responsible for, as applicable: (i) all Ads, including the Advertising Materials, (ii) all destinations to which Ads direct users (e.g., landing pages, Application) along with the related URLs and redirects, including ensuring that an ‘Install’ button is conspicuously displayed on the Ad; (“Destinations”); (iii) the Application(s) (for the purpose of these Terms “Application” means the mobile application offered for download/install, on behalf of Advertiser, which shall be considered part of the Advertising Materials), and/or any services and products advertised and/or included on it and/or Destinations; (iv) the Application’s privacy policy and its compliance with all applicable laws and regulation; (v) for its Application compliance with all applicable Google’s policies, with the applicable mobile application store guidelines (as applicable), and (vi) for its Application or Ad (as applicable) to comply with Media Company’s ad content policies that are available at https://www.digitalturbine.com/adv-content-guidelines/ and with any applicable law or regulation related to content made available on or through such Application or Ad (as applicable).
  3. The Distribution Channels are described at https://www.digitalturbine.com/dt-platforms-description/.
  4. Parties shall agree in writing (email to suffice) on the Distribution Channels and other details pertaining to Service (e.g. target counties, devices etc.). Advertiser acknowledges and agrees that certain Services may be subject to carrier/device manufacturer approval.
  5. To the extent that personal data is shared between the Parties within the scope of the Terms, Media Company and Advertiser agree, as applicable, to the Data Processing Agreement at https://www.digitalturbine.com/global-data-protection-addendum/ (the “DPA”). By signing these Terms, Advertiser and Media Company agree to be bound by the terms of the DPA. To the extent that Liftoff DSP is utilized as a Distribution Channel, Media Company will share postback data with Liftoff DSP for invoicing and attribution.
  6. Payment. Unless otherwise agreed between the Parties in writing under a separate insertion order, amendment to these Terms or any other written instrument, the Service shall be performed at no cost.
  7. Termination. Either Party may terminate the Services by providing prior written notice to the other Party forty-eight (48) hours in advance.
  8. “Policies” under the IAB Terms will also refer to the DPA.
  9. The following Sections of the IAB Terms are hereby deleted: Section III(c), IV, V(a), and V(b).
  10. Section XI is replaced with the following in lieu thereof:

“(I) EXCEPT IN CONNECTION WITH BREACH OF CONFIDENTIALITY OBLIGATIONS, WILLFUL MISCONDUCT, FRAUD, GROSS NEGLIGENCE OR AS OTHERWISE EXPRESSLY OUTLINED IN THESE TERMS, EITHER PARTY WILL NOT BE LIABLE TO OTHER PARTY OR ANY THIRD PARTY, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (II) EXCEPT IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO OTHER PARTY OR ANY THIRD PARTY FOR ANY CLAIM, LOSS OR DAMAGE UNDER THESE TERMS EXCEED THE TOTAL AMOUNTS PAID TO MEDIA COMPANY UNDER THESE TERMS.”

  1. International Advertiser. If Advertiser is incorporated in a country other than the United States of America, the following terms shall also apply: Advertiser represents and warrants: (i) it has not and will not be engaged in any actions which would constitute a violation of the Foreign Corrupt Practices Act of 1977 of the United States of America, as amended; (ii) neither it, nor any of its officers, directors, shareholders or employees is located in any United States of America embargoed country, named as a “Specially Designated National” or “Blocked Person” as designated by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or is otherwise blacklisted by any instrumentality of the United States. Advertiser is further responsible for obtaining export licenses relating to the distribution of the Application to Property and Targets, as and to the extent required by applicable export laws and regulations of the United States of America. Advertiser acknowledges and agrees the representations and warranties set forth herein shall survive any termination of these Terms.
  1. Section XIV(d) of the IAB Terms hereby is deleted in its entirety and replaced with the following in lieu thereof:

“d. Governing Law. These Terms shall be governed by and construed and enforced in accordance with the laws of the state of New York, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or claim arising out of or relating to this contract or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be New York, NY. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The decision of the arbitrator shall be binding and conclusive upon the parties. Any arbitration award granted hereunder shall be enforceable under the applicable terms and conditions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention), as amended to date. Notwithstanding the foregoing, Advertiser and/or Agency (as applicable) hereby agrees Media Company shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction without posting a bond or other security, to which jurisdiction, for such purpose, Advertiser and/or Agency hereby irrevocably consents.”

  1. Media Company’s point of contact’s details under the Digital Services Act (DSA) is available at https://www.digitalturbine.com/dsa/.

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