Terms

01Who these terms are with

This website and the TheGrowthy exchange are operated by Cortex Technologies SRL, registered in Italy at Via Pola, 11, 20124 Milano, Italy, VAT IT18089101002. “We” and “us” mean that company. “You” means you as a visitor to this site, and — where you are one — the publisher, supply-side platform, demand-side platform or agency we do business with.

The exchange is a business-to-business service. It is not offered to consumers, and nothing here is intended to affect the rights of an individual whose data passes through the exchange — those are in the Privacy Policy.

02What this page is, and what wins if it conflicts

This page governs your use of this website, and describes the shape of the commercial relationship for anyone evaluating us. It is not the contract.

If you are an integrated partner, a signed agreement, an insertion order or a service schedule governs our relationship. Where any of those conflicts with this page, the signed document prevails and this page is of no effect on the point. This is stated first so that no term below is read as varying an executed contract.

03Using this website

You may read this site, and quote or link to it with attribution. You may not scrape it at a rate that degrades it for others, attempt to gain unauthorised access to any system of ours, or use it to distribute malware or unlawful content.

The content is provided for information. We keep it accurate and update it when the system changes, but a description of a technical platform on a marketing site is not a warranty of any particular behaviour on any particular day. Figures published here are measured as stated beside them.

The console at admin.thegrowthy.com is a separate authenticated application. Access to it is governed by your partner agreement, and credentials are personal to the individual they are issued to.

04What the exchange does

We operate a real-time auction between publishers and their supply-side platforms on one side, and demand-side platforms and buyers on the other. We receive bid requests, run an auction against eligible buyers within a fixed deadline, and return a winning bid where there is one.

We are the exchange, not a party to the media transaction. We do not buy inventory on our own account, do not take title to it, and do not act as an agency for either side. Publishers remain responsible for the inventory and content they offer; buyers remain responsible for the creatives they serve and for their compliance with applicable advertising law.

05Fees

We take a single disclosed percentage of the winning bid. The rate is set in your agreement and is visible in reporting on both sides of the transaction.

We do not take an undisclosed buy-side margin, and we do not apply bid shading that the affected party has not been told about. This is a commercial commitment, not a description of current practice that we might quietly change: it is the reason partners can reconcile our reporting against their own, and altering it would require changing your agreement, not this page.

Invoicing, payment terms, currency and any set-off are in your agreement. Amounts are exclusive of VAT and other applicable taxes unless stated otherwise.

06Supply chain and transparency commitments

We do not resell inventory. We do not buy from other exchanges in order to sell it on, which is why our supply chain object carries a single node (asi=thegrowthy.com) and why our sellers.json lists only sellers we hold a direct relationship with.

We publish sellers.json at the apex domain in accordance with the IAB Tech Lab specification, and pass a complete supply chain on every outgoing request. Publishers are responsible for the accuracy of their own ads.txt — our guidance sets out the exact line and what each field means.

Both sides receive reporting from the same underlying records, aggregated to the minute, so that a discrepancy can be reconciled rather than negotiated. Log-level data for your own traffic is available on request, subject to the privacy terms that apply to it.

07Acceptable use of the exchange

If you send us traffic, you warrant that:

• you hold the rights to sell the inventory, and it is not misrepresented as to its domain, app, placement, format or viewability;
• you have the legal basis and any consent required for the data in the bid requests you send, and the consent signals you transmit are accurate;
• the traffic is human and not artificially generated, incentivised without disclosure, or otherwise invalid.

If you buy through us, you warrant that:

• your creatives comply with applicable law and do not contain malware, auto-redirects or undisclosed data collection;
• you honour the consent and privacy signals transmitted with each request, including where they restrict processing;
• you respect the rate limits and technical constraints of your integration.

We may filter, throttle or suspend traffic that we reasonably believe breaches this section, or that threatens the stability of the exchange. Where suspension is not urgent we will tell you first; where it is, we will tell you as soon as we reasonably can and explain why.

08Availability and changes

We aim for continuous availability and monitor the exchange accordingly, but we do not guarantee uninterrupted service on this page. Any uptime commitment is in your agreement or its service schedule. We carry out maintenance, and we will give reasonable notice of planned work that affects you. We may change the technical interface, and where a change is not backwards-compatible we will give notice proportionate to the work it creates for you.

09Intellectual property

The exchange, this website, our documentation and the TheGrowthy name and marks are ours or our licensors’. Nothing here transfers any of it to you. Your data, your creatives and your marks remain yours; you grant us only the licence necessary to operate the service for you.

10Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

Subject to that, and to anything different agreed in your contract, we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, and our total liability arising out of this page is limited to the fees paid or payable in the three months before the claim arose.

This site is provided as it is. We give no warranty that it will be error-free or uninterrupted, and none as to third-party sites we link to.

11Governing law

These terms are governed by Italian law, and the courts of Milan, Italy have exclusive jurisdiction over any dispute arising out of them. Where your signed agreement specifies a different law or forum, that agreement governs the relationship it covers (§2).

12Contact

Cortex Technologies SRL, Via Pola, 11, 20124 Milano, Italy. VAT IT18089101002. Commercial enquiries go through the form on our homepage; privacy matters go to [email protected].