Last updated: 01.01.2026.
Important: These Terms & Conditions (“Terms”) form a legally binding agreement between you (“you,” “User,” “Publisher,” “Creator,” “Advertiser,” or “Partner”) and [Company Legal Name] (“Company,” “we,” “our,” or “us”) regarding your access to and use of NextGen Monetise (the “Platform”) and related services. By creating an account, accessing, or using the Platform, you agree to these Terms.
Note: This document is for general informational purposes and may require customization for your specific business and jurisdiction. It is not legal advice. Consult qualified counsel before adopting.
1. Definitions
“Platform” means NextGen Monetise, including websites, apps, dashboards, APIs, SDKs, and tools.
“Publisher”/“Creator” means a user who monetizes content, apps, websites, channels, or audiences via the Platform.
“Advertiser” means a user who purchases advertising, sponsorships, or promotions via the Platform.
“Account” means a registered profile for accessing the Platform.
“Services” means features offered by the Platform, including monetization, ad serving, analytics, billing, payouts, and support.
“Content” means any material you upload, submit, or provide via the Platform.
“Earnings” means amounts accrued to a Publisher under the Platform’s revenue model.
“Fees” means charges applicable to Advertisers and/or Publishers, including service fees, transaction fees, and payment processing fees.
“Invalid Activity” means fraud, artificially generated impressions, clicks, installs, or conversions; use of bots; misleading practices; or violations of ad quality rules.
2. Acceptance of Terms
By using the Platform, you agree to these Terms and our Privacy Policy and any incorporated policies (e.g., Acceptable Use Policy, Brand Safety Guidelines, Data Processing Addendum).
If you do not agree, do not use the Platform.
We may update these Terms at any time. Material changes will be notified via email, dashboard notice, or the Platform. Continued use after changes constitutes acceptance.
3. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform.
If you use the Platform on behalf of a company, you represent you have authority to bind that company.
You must not be subject to sanctions, export restrictions, or prohibited by law from using the Platform.
4. Account Registration and Security
Provide accurate, current, and complete information during registration and keep it updated.
We may require identity verification, KYC/AML checks, tax documentation (e.g., W‑9/W‑8BEN), and proof of business where applicable.
You are responsible for safeguarding your credentials and for all activities under your Account.
Notify us immediately at [contact email] of any unauthorized access or security breach. Enable multi-factor authentication (MFA) where available.
5. Description of Services
The Platform offers tools to monetize content, serve ads, manage campaigns, track performance, and process payouts.
Services may include self-serve and managed options, marketplaces, affiliate/referral programs, API integrations, and beta features.
We may modify, suspend, or discontinue Services at any time, with or without notice.
6. Publisher/Creator Monetization Rules
Traffic Quality: You must ensure genuine, non-incentivized (unless explicitly permitted), human traffic. No bots, click farms, or artificially inflated metrics.
Ad Placement & Behavior: Do not encourage accidental clicks, obscure disclosures, or misleading UI. Do not place ads near deceptive elements, malware, or auto-refresh mechanisms.
Content Standards: Prohibited content includes illegal content; hate speech; extremism; incitement to violence; non-consensual explicit content; child exploitation; malware; phishing; and IP-infringing material. Sensitive content (e.g., adult, gambling, alcohol, political) may require category disclosures and restrictions per Brand Safety Guidelines.
Self-Engagement: You and related parties must not click, install, view, or convert your own ads or offers.
Third-Party Policies: If you integrate third-party ad networks or measurement tools, comply with their terms and applicable law.
7. Advertiser Rules
Creatives and Claims: Ads must be accurate, lawful, non-deceptive, and comply with industry standards and local regulations. Provide landing pages that are secure (HTTPS), functional, and transparent (clear pricing, terms, and contact info).
Targeting and Budget: Provide lawful targeting criteria and respect consumer privacy choices. You are responsible for setting budgets, bids, and pacing; overspend safeguards are not guaranteed.
Tracking and Measurement: Implement trackers, pixels, or SDKs responsibly. No surreptitious data collection or fingerprinting without consent where required.
8. Fees, Billing, and Payouts
Revenue Model: Publishers: Earnings are calculated per the applicable pricing model (e.g., CPM, CPC, CPA, revenue share) as displayed in the Platform or agreed in writing. Advertisers: Fees are based on spend, service charges, and applicable taxes.
Invoicing & Payment: Advertiser invoices are due per the billing schedule (e.g., net 30) unless otherwise stated. Late payments may incur interest or suspension. Publishers receive payouts after meeting the minimum threshold and any verification requirements. Standard schedule may be [e.g., monthly, net 30]. Methods & Currencies: Payouts may be via bank transfer, ACH, PayPal, or other supported methods, in supported currencies, subject to fees and exchange rates.
Adjustments: We may adjust Earnings for Invalid Activity, chargebacks, refunds, or measurement corrections. Disputes must be raised within [e.g., 30] days of statement issuance.
Taxes: You are responsible for taxes associated with your use of the Platform. We may collect or withhold taxes as required by law (e.g., VAT, GST, sales tax, withholding).
9. Fraud Prevention and Enforcement
We actively monitor for Invalid Activity. We may withhold, claw back, or refuse payment associated with suspected fraud.
Accounts may be suspended or terminated without notice for violations.
You agree to cooperate with investigations and provide requested data or logs.
10. Data, Privacy, and Security
Privacy: Our processing of personal data is described in the Privacy Policy and, if applicable, the Data Processing Addendum (DPA). Where required by law (e.g., GDPR, CCPA/CPRA), you must obtain valid consents, provide disclosures, and honor user rights.
Tracking Technologies: If you deploy cookies, pixels, SDKs, or device IDs, you must maintain a compliant consent mechanism and respect user opt-outs.
Security: Implement reasonable technical and organizational measures to protect data. Notify us promptly of any suspected breach affecting data collected via the Platform.
Data Use: We may use anonymized or aggregated data to improve Services and for analytics, subject to applicable law.
11. Intellectual Property
Ownership: You retain ownership of your Content. You grant us a non-exclusive, worldwide, royalty-free license to host, display, transmit, analyze, and use your Content solely to operate the Platform and Services.
Platform IP: The Platform, its software, designs, and trademarks are owned by the Company or its licensors. No rights are granted except as expressly stated.
Feedback: You grant us a perpetual, irrevocable, royalty-free license to use feedback for any purpose.
12. Acceptable Use and Prohibited Conduct
Do not:
Violate any law, regulation, or third-party rights.
Engage in spamming, malware distribution, or security breaches.
Reverse engineer, decompile, or attempt to access non-public areas without authorization.
Use the Platform to collect sensitive personal data without explicit consent.
Circumvent payment or reporting mechanisms.
13. Third-Party Services and Links
The Platform may integrate or link to third-party services. We are not responsible for their content, policies, or practices.
Your use of third-party services is subject to their terms.
14. API and Developer Terms
If you use our API/SDK: Use keys securely; do not exceed rate limits; do not misuse data.
Follow documentation and do not introduce security vulnerabilities.
We may revoke access at any time.
15. Beta Features
Beta or experimental features may be unstable, subject to change, or discontinued without notice and are provided “as is.”
16. Confidentiality
Non-public information disclosed by us (e.g., product roadmaps, pricing, non-public metrics) is confidential. Do not disclose or use except as necessary to use the Platform.
17. Publicity
We may identify your entity name and logo as a Platform user unless you opt out via written notice. No misleading endorsements.
18. Term, Suspension, and Termination
These Terms remain in effect until terminated. We may suspend or terminate your Account for any reason, including violations or inactivity. You may close your Account at any time.
Upon termination: Your access ceases; amounts due and rights/obligations that by nature should survive (e.g., IP, confidentiality, indemnities, limitations of liability) will survive.
We may retain records to comply with law and for legitimate business purposes.
19. Representations and Warranties
You represent and warrant that:
You have authority to enter into these Terms.
Your Content and use of the Platform comply with all applicable laws and policies.
You will not introduce malware or harmful code.
20. Disclaimers
The Platform is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted or error-free operation, performance outcomes, or specific Earnings.
21. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, data, or goodwill.
Our total liability for any claim arising out of or relating to the Platform or these Terms will not exceed the greater of (a) amounts you paid us in the 12 months preceding the claim or (b) 1.000 €.
Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted by law.
22. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from:
Your Content or use of the Platform,
Your breach of these Terms,
Your violation of law or third-party rights,
Invalid Activity or fraud associated with your Account.
23. Compliance: Export, Sanctions, Anti-Corruption
You agree to comply with applicable export control and sanctions laws (e.g., U.S. EAR/OFAC, EU sanctions).
Do not offer or accept bribes or engage in corrupt practices (e.g., FCPA, UK Bribery Act compliance).
24. Changes to the Terms
We may update these Terms at any time. Continued use after the effective date of changes constitutes acceptance.
If you do not agree to changes, discontinue use of the Platform and close your Account.
25. Dispute Resolution; Governing Law
Governing Law: These Terms are governed by the laws of Austria without regard to conflict of laws.
Venue: Courts or arbitration located in Austria shall have exclusive jurisdiction for disputes not subject to arbitration.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be finally resolved by binding arbitration conducted in Austria in accordance with the Austrian Arbitration Act (sections 577 to 618 of the Austrian Code of Civil Procedure) or under the rules of Vienna International Arbitral Centre (VIAC) Rules or AAA Commercial Arbitration Rules.
26. Notices
We may send notices via email, the Platform, or your Account dashboard.
Legal notices to us must be sent to NextGen Monetise, Vienna, legal@nextgenmonetise.com.
27. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
28. Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, internet outages, labor disputes, or government actions.
29. Entire Agreement; Severability; Waiver
These Terms, together with incorporated policies, constitute the entire agreement between you and us.
If any provision is unenforceable, the remainder will remain in effect.
Our failure to enforce any provision is not a waiver of our right to do so later.
30. Contact
Questions about these Terms, billing, or compliance: legal@nextgenmonetise.com.
Reporting violations or security issues: security@nextgenmonetise.com.
31. Region-Specific Terms (If Applicable)
EEA/UK: If you are in the EEA/UK, additional GDPR-related terms may apply; see the DPA and Privacy Policy. You may have consumer rights that cannot be waived.
California Residents: See Privacy Policy for CCPA/CPRA disclosures and opt-out mechanisms.
Children’s Privacy: The Platform is not directed to children under 13 (or the age of digital consent in your jurisdiction). Do not use the Platform to knowingly collect children’s data.
32. How to Close Your Account
You may close your Account via the dashboard or by contacting support@nextgenmonetise.com.
Outstanding obligations (e.g., final invoices, fraud investigations) must be resolved prior to payout.