On this page
- 1. Eligibility
- 2. Your Account
- 3. Licensed Offers Only and Your Responsibility for Campaigns
- 4. Other Acceptable Use
- 5. Free Plan
- 6. Paid Plans and Payment Terms
- 7. Intellectual Property
- 8. Third-Party Services
- 9. Service Availability
- 10. No Guarantee of Results
- 11. Disclaimer and Limitation of Liability
- 12. Indemnity
- 13. Suspension and Termination
- 14. Changes to These Terms
- 15. Governing Law and Jurisdiction
- 16. General
- 17. Contact
By creating an account, using a free or paid plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract. The Service is intended for business and professional use only. If you use the Service on behalf of a company, you confirm you have authority to bind that company to these Terms, and "you" means that company.
2. Your Account
You are responsible for keeping your login details secure and for all activity under your account. Tell us immediately at hello@dotaudiences.com if you suspect unauthorised access. We may suspend or close accounts that breach these Terms.
3. Licensed Offers Only and Your Responsibility for Campaigns
TrafficPopcorn provides tools used to promote iGaming and related offers. Because this is a regulated sector, the following rules are fundamental to these Terms.
3.1 Licensed offers only. You must only use the Service to promote gambling, betting, casino, lottery or similar offers that are operated by a company holding a valid licence issued by the relevant gambling regulator in every jurisdiction where your campaign is shown or where users can access it. Using the Service to promote any unlicensed or illegal gambling offer is strictly prohibited.
3.2 You are solely responsible for your offers. You accept full and sole responsibility for every offer, campaign, landing page, app, creative, push notification, link and piece of content you create, upload, run or promote through the Service ("Your Campaigns"). This includes making sure that Your Campaigns:
- Comply with all applicable laws and regulations in every targeted jurisdiction, including gambling, advertising, marketing, consumer protection, anti-money laundering and data protection laws
- Comply with the licence conditions of the operator you promote and the rules of any regulator (such as the UK Gambling Commission or equivalent bodies elsewhere)
- Do not target or appeal to minors, self-excluded persons or vulnerable persons
- Are not shown in jurisdictions where the offer is not licensed or where gambling advertising is restricted or banned
- Include all required responsible gambling messages, age restrictions, terms and disclaimers
- Are not false, misleading or deceptive, and do not infringe third-party rights
- Comply with the policies of any third-party platform used (including ad networks, app stores, browsers and payment providers)
3.3 Verification on request. You must keep records showing that each operator you promote is properly licensed for each targeted jurisdiction, and provide them to us within 5 business days if we ask. We may also require you to confirm compliance before activating or continuing any campaign.
3.4 We do not review or approve your offers. TrafficPopcorn is a technology provider only. We do not operate, endorse, verify or approve any gambling offer, operator or campaign. Any review, check or approval we carry out is for our own benefit and does not transfer any responsibility to us or confirm that Your Campaigns are lawful. We are not a party to any relationship between you and any operator, affiliate network or end user.
3.5 Our right to act. If we believe, at our sole discretion, that any of Your Campaigns breaches this section, or creates legal, regulatory or reputational risk for us, we may immediately and without notice remove content, pause or block campaigns, suspend or terminate your account, and report the matter to the relevant authorities. No refund will be due.
3.6 Indemnity for Your Campaigns. You agree to fully indemnify us under section 12 for any claim, fine, penalty, loss or cost arising from Your Campaigns or any breach of this section.
4. Other Acceptable Use
You also agree not to use the Service to:
- Distribute malware, phishing pages or deceptive content
- Resell, copy, reverse engineer or attempt to access the Service's source code or systems without permission
- Interfere with the Service's security or performance
- Break any law or regulation that applies to you
5. Free Plan
5.1 We may offer a free plan with limited features, usage or credits. The free plan is provided at our discretion and these Terms apply to it in full, including section 3.
5.2 We may change the features or limits of the free plan, or withdraw it, at any time with or without notice.
5.3 We may suspend or delete inactive free accounts, and any data in them, after a period of inactivity, at our discretion.
5.4 The free plan is provided without any support commitment or service level.
6. Paid Plans and Payment Terms
6.1 Fees. Prices for paid plans, subscriptions and credits are shown on the website or at checkout. Prices are exclusive of VAT and other taxes unless stated otherwise. You are responsible for any applicable taxes.
6.2 Billing. Subscriptions are billed in advance on a recurring basis (monthly or as stated at purchase) and renew automatically until cancelled. You authorise us and our payment processor to charge your payment method on each renewal date.
6.3 All payments are non-refundable. All fees, subscription charges and credit purchases are final and non-refundable, in full or in part. This includes partial billing periods, unused credits, unused features, downgrades, moving to the free plan, account suspension or termination for breach of these Terms, or if you stop using the Service. No refunds or credits are given for any reason, except where required by law.
6.4 Cancellation rights. The Service is for business use. If you are nonetheless a consumer, by purchasing you expressly request that the Service starts immediately and acknowledge that you lose your 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once the Service or digital content has been supplied.
6.5 Cancelling your subscription. You may cancel at any time from your account settings. Cancellation stops future renewals. You keep access until the end of the current paid period, after which your account may move to the free plan. No refund is given for the remaining period.
6.6 Failed payments. If a payment fails, we may suspend or restrict your account until the balance is paid.
6.7 Chargebacks. If you raise a chargeback or payment dispute without first contacting us, we may suspend your account immediately and recover any amounts owed, plus reasonable fees incurred.
6.8 Price changes. We may change prices with at least 14 days' notice. Changes apply from your next billing period.
7. Intellectual Property
We own all rights to the Service, including software, design, templates, trademarks and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own business purposes while your account is active.
You keep ownership of content you upload. You grant us a licence to host, process and display that content only as needed to provide the Service. You confirm you have all rights needed to use that content.
7.1 Templates, game names and sample content. The Service may include templates, game names, demo games, icons, images, characters, themes and other sample content ("Template Content"). Template Content is generic, illustrative or created independently. Any similarity to any real game, brand, product, company, trademark, character or other intellectual property is purely coincidental and unintended. Template Content is not affiliated with, endorsed by or sponsored by any third party, and all third-party trademarks and brand names belong to their respective owners.
7.2 No rights in third-party IP. We do not grant you any rights in any third-party trademark, game, brand or intellectual property. Nothing in the Service should be taken as a statement that you have permission to use any third-party name, logo, game or asset.
7.3 Your responsibility for what you publish. Template Content is provided as a starting point only. Before publishing, you are responsible for reviewing, editing and making sure that all content used in Your Campaigns, including Template Content, names, images and games, does not infringe any trademark, copyright or other right of any third party, and that you have the rights or licences needed to use it (for example, from the operator you promote). Template Content is provided "as is" with no warranty of non-infringement.
7.4 Takedown requests. If you believe any content in the Service infringes your rights, email hello@dotaudiences.com with details of the content and your rights. We will review valid requests promptly and may remove or change the content, including content in Your Campaigns, without notice and without liability to you.
8. Third-Party Services
The Service may integrate with third-party tools, ad networks, trackers or payment providers. We are not responsible for third-party services, their availability, their terms or any action they take against you (including account bans or restrictions).
9. Service Availability
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may change, suspend or discontinue any feature at any time. Downtime or outages do not entitle you to a refund.
10. No Guarantee of Results
We do not guarantee any traffic, clicks, installs, conversions, revenue or campaign performance. Results depend on factors outside our control.
11. Disclaimer and Limitation of Liability
11.1 The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, conditions and terms, whether express or implied, including satisfactory quality, fitness for purpose and non-infringement.
11.2 To the fullest extent permitted by law, we are not liable for any:
- Loss of profits, revenue, business, contracts, data or goodwill
- Indirect or consequential loss
- Regulatory fines, penalties or enforcement action relating to Your Campaigns
- Bans, restrictions or penalties imposed by third-party platforms
11.3 Our total liability for all claims arising from or related to the Service is limited to the amount you paid us in the 3 months before the event giving rise to the claim. For free plan users, our total liability is limited to £100.
11.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under the laws of England and Wales.
12. Indemnity
You agree to indemnify and hold harmless Opinion Token Ltd, its directors, owners, employees and partners from any claims, losses, damages, fines, penalties or costs (including legal fees) arising from:
- Your Campaigns, including any offer you promote
- Any breach of section 3 or any other part of these Terms
- Any claim that content in Your Campaigns, including Template Content you chose to publish, infringes third-party intellectual property
- Your breach of any law, regulation or third-party right
13. Suspension and Termination
We may suspend or terminate your account at any time if you breach these Terms, fail to pay, or create legal, regulatory or reputational risk for us. You may close your account at any time. On termination, your right to use the Service ends immediately and no refund is due. Sections 3, 6, 7, 11, 12 and 15 survive termination.
14. Changes to These Terms
We may update these Terms from time to time. We will post the new version on this page and update the date above. Material changes will be notified by email or in-app. Continued use after changes means you accept them.
15. Governing Law and Jurisdiction
These Terms and any dispute arising from them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
16. General
If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms without our consent. No third party has rights under these Terms under the Contracts (Rights of Third Parties) Act 1999. These Terms, together with our Privacy Policy, are the entire agreement between you and us.
17. Contact
Opinion Token Ltd
124 City Road, London, EC1V 2NX, United Kingdom
Email: hello@dotaudiences.com
See also: Privacy Policy