Legal

Terms of Service

Showfer Media LLC d/b/a Adstorm — Platform Terms of Service

Last Updated: May 14, 2025

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Showfer Media LLC d/b/a Adstorm, a Texas limited liability company ("Adstorm," "we," "us," or "our"), and govern your access to and use of the Adstorm website located at www.adstorm.co and all associated services, technology, tools, and features made available through it (collectively, the "Platform").

The Platform facilitates connection between publishers who make available linear broadcast channels for advertising opportunities and advertisers who seek to place commercial content into those channels. Users may access the Platform as an advertiser, a publisher, or both depending on authorized configuration.

By accessing, registering for, or using any part of the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

Specific services, transactional terms, and operational obligations may be governed by one or more service-specific addendums or participation agreements ("Addendums"), which are incorporated by reference. If there is a conflict, the Addendum controls only for the specific subject matter it addresses.

You represent and warrant that you have full legal authority to enter into these Terms for yourself or the entity you represent, and that you are at least 18 years old and authorized to bind such entity.

2. Eligibility and Account Registration

Access is limited to individuals and entities able to form legally binding contracts under applicable law.

By creating an account or using the Platform, you represent and warrant that: (i) you are at least 18 years of age or legal age of majority in your jurisdiction, whichever is greater; (ii) you are using the Platform for legitimate business purposes on behalf of a legal entity and are authorized to bind it; (iii) you are not barred from access under applicable law; and (iv) information provided in registration is complete, current, and accurate.

Adstorm may refuse access in its sole discretion, including in cases of suspected fraud, misuse, or regulatory noncompliance.

You may be required to choose role designation(s): Advertiser, Publisher, or both. Role-specific services and obligations may be governed by applicable Addendums.

You must not misrepresent identity or business function. Access may be limited by role.

You may be required to provide legal/business name, email, phone, address, payment details, and related account setup information. You agree to provide truthful and complete information, keep it updated, maintain credential security, and avoid sharing/transferring credentials without Adstorm's written consent.

You are responsible for activity under your account, authorized or unauthorized. If unauthorized access is suspected, notify Adstorm immediately at support@showfer.com.

If using a business account with Authorized Users, each Authorized User must comply with these Terms, and you remain fully responsible for their actions and internal access controls.

Adstorm may require identity/authorization verification and may suspend or terminate access for violations.

3. Platform Access and Use

Subject to continued compliance, Adstorm grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for internal business purposes in accordance with designated role. All rights not expressly granted are reserved.

You shall not: use the Platform unlawfully; access unauthorized systems/data; upload infringing, false, defamatory, or otherwise objectionable content; interfere with Platform integrity/performance; use unauthorized scraping/automation; reverse engineer/decompile/disassemble; or introduce malware/harmful code.

You are responsible for securing credentials and access devices and must promptly notify Adstorm of unauthorized use.

Adstorm may modify features, perform maintenance, and sunset tools, provided overall utility to designated role is not materially impaired.

Temporary unavailability may occur and Adstorm is not liable for interruptions beyond reasonable control.

The Platform is a facilitation tool. Adstorm does not guarantee campaign outcomes, metrics, revenue, or performance and disclaims responsibility for third-party channel availability, user content, or unauthorized platform use.

4. User Responsibility

You must use the Platform in good faith and in compliance with law, these Terms, and applicable Addendums.

You are solely responsible for content/materials/data/ads submitted through the Platform and for legal compliance, rights clearance, and non-infringement.

You must obtain and maintain all required licenses, permissions, consents, and clearances.

You must provide truthful, complete, and non-misleading information and verify campaign settings, schedules, budget allocation, and payout requests.

You retain responsibility for all content distributed under your account; Adstorm does not pre-screen user content and is not liable for unauthorized/infringing/unlawful submissions.

Advertisers must ensure deposited funds are lawful and used for legitimate business purposes. Publishers must ensure claimed commercials were delivered as represented and per Addendum terms.

Manipulating or falsifying delivery logs/metrics is prohibited and may result in suspension, termination, and legal action.

You are responsible for all activity by you and Authorized Users, must monitor account activity, and promptly report unauthorized access.

You must cooperate in investigations involving misuse, disputes, or regulatory inquiries and provide requested documentation and timely responses.

5. Payment Terms

Platform usage may involve transactions between Users and Adstorm or between Advertisers and Publishers facilitated by the Platform.

Payment processing may be facilitated through third-party processors including PayPal. You authorize applicable charges, deductions, holds, and releases under these Terms and Addendums.

Advertisers must prefund campaigns. If funds are insufficient, campaigns may be paused or terminated without notice.

Publisher withdrawals are subject to delivery verification. Adstorm may audit logs/data before payment release.

Unless agreed otherwise, transactions are in USD. Processing times are not guaranteed.

You are responsible for bank/processor/FX fees.

Except where required by law or stated in writing, payments are final and non-refundable.

Adstorm may withhold funds during dispute investigation and make final determinations based on findings.

You are solely responsible for tax obligations. Adstorm does not withhold taxes on your behalf.

Adstorm is not a money transmitter or escrow agent and does not hold funds in trust.

6. Intellectual Property

Adstorm retains all right, title, and interest in Platform IP including software, algorithms, databases, UI, designs, marks, and proprietary materials.

You receive only the limited license stated in these Terms and may not copy, modify, reverse engineer, create derivatives, or exploit Platform IP outside authorized use.

Adstorm/Adstorm marks are trademarks and may not be used without prior written consent.

You retain ownership of User Content but represent you have necessary rights and permissions.

By submitting User Content, you grant Adstorm a limited, non-exclusive, royalty-free, worldwide license to store/process/transmit/display/use solely to operate requested services.

You are responsible for ensuring User Content does not violate third-party rights and agree to indemnify Adstorm for claims relating to your content.

Adstorm may remove/disable access to content it reasonably believes violates law or rights.

Feedback submitted to Adstorm is non-confidential and may be used without restriction or compensation.

7. Audit and Verification

Adstorm may implement reasonable audit/verification procedures for campaigns, transactions, and withdrawal requests.

Platform logs may include configurations, uploads, schedules, impressions, confirmations, balances, and transaction records.

Adstorm system logs may be authoritative and binding for discrepancies on performance, delivery, or payment disputes unless otherwise stated in an Addendum.

Publisher payout requests require verifiable delivery and may be delayed/withheld if metadata is missing/inconsistent/manipulated or disputes are pending.

Advertisers should promptly review delivery logs and report discrepancies within 30 days; otherwise claims may be waived.

Adstorm may investigate suspected fraud/misuse and may request documents, suspend access, reverse records, or refer matters to authorities as required.

Failure to provide complete and timely cooperation may result in suspension, termination, or legal liability.

8. Third Party Services and Content

The Platform may include integrations with third-party services such as payment processors, analytics tools, ad infrastructure, and content systems.

Use of third-party services is subject to those third-party terms. Adstorm is not responsible for their performance, availability, or compliance unless expressly agreed in writing.

Third-party content remains the responsibility of its originating party. Adstorm does not endorse or verify third-party content.

Publishers and Advertisers are responsible for legal compliance and rights clearance for third-party content they air or submit.

All third-party services are provided "as is" and "as available" and used at your own risk.

9. Suspension and Termination

The Platform is provided on an "as is," "as available," and "with all faults" basis.

Adstorm disclaims warranties and does not guarantee uninterrupted, secure, or error-free service, or real-time/final accuracy of metrics.

Adstorm does not review, verify, or endorse user-submitted ad/broadcast content and is not liable for actions/omissions of Advertisers, Publishers, or third parties.

Adstorm is a facilitation tool and not a party to user-to-user ad placement contracts beyond verification measures specifically stated in Terms/Addendums.

Adstorm disclaims liability for downtime, lost data, underperformance, misconfiguration, third-party failures, and unauthorized account access.

10. Data Privacy

Adstorm may collect, store, use, and disclose data as described in these Terms and the Privacy Policy.

Data may include contact/business/payment/usage/technical and campaign records used for account administration, campaign management, fraud prevention, audit tracking, payments, and support.

Adstorm uses commercially reasonable safeguards but cannot guarantee absolute security.

You are responsible for lawful collection and sharing of personal data you upload and for obtaining required consents.

Adstorm may use third-party processors subject to confidentiality and limited use obligations.

Adstorm may disclose information when legally required, to enforce Terms, or to protect rights/safety.

11. Disclaimer

To the fullest extent permitted by law, Platform use is at your sole risk. The Platform is provided "as is," "as available," and "with all faults."

Adstorm disclaims all warranties including merchantability, fitness for a particular purpose, title, non-infringement, availability, and results.

Adstorm does not guarantee operation without interruption, error, or security incidents, and does not guarantee the legality/quality/timing/effectiveness of user content.

Adstorm is not liable for conduct/content of users or third parties and is not a party to user contracts.

12. Limitation of Liability

To the fullest extent permitted by law, Adstorm and related parties are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages (including lost profits, revenue, data, business interruption, or reputational harm), even if advised of possibility.

Adstorm is not liable for losses arising from user content quality/timing/legality, platform interruptions/failures, unauthorized access, campaign misconfiguration, third-party acts, or legal compliance failures.

Adstorm's aggregate liability for all claims is limited to the greater of: (i) fees paid by you to Adstorm in the six months prior to the claim event; or (ii) USD $100.

These limits apply even if a remedy fails of essential purpose, subject to mandatory law where exclusions are restricted.

13. Indemnification

You agree to indemnify, defend, and hold harmless Adstorm and related parties from claims/losses/costs (including reasonable attorneys' fees) arising from: your platform use; your content/data; your violation of Terms/Addendums/law; user disputes; acts of your employees/agents/Authorized Users; and misrepresentations by you.

Adstorm may assume exclusive defense/control at your expense for indemnified matters. You must cooperate and may not settle without Adstorm's prior written consent.

14. Dispute Resolution

Contact support@showfer.com first to attempt good-faith informal resolution.

If unresolved within 30 days, parties agree to attempt non-binding mediation with a mutually agreed mediator. Costs are split equally; each side bears own costs.

If mediation fails, disputes are resolved by binding arbitration under AAA Commercial Arbitration Rules, before one arbitrator, in English, in Texas unless otherwise agreed.

Class/representative actions are waived. Disputes must be brought individually.

Adstorm may seek injunctive or equitable relief in court to protect intellectual property/proprietary information or enforce restrictions.

15. Governing Law

These Terms are governed by Texas law, without regard to conflict-of-law rules.

Any legal action related to rights/obligations under these Terms must be brought exclusively in courts located in Dallas County, Texas.

Parties consent to that jurisdiction and waive objections to venue/inconvenient forum.

Class or representative proceedings are waived to the fullest extent permitted by law.

16. Amendments

Adstorm may modify these Terms at any time. Changes are effective upon posting.

Continued use after changes means acceptance of revised Terms.

Material changes may be communicated via website, email, or other reasonable means.

Changes apply prospectively and do not alter rights/obligations that arose before effective date unless expressly stated.

Adstorm may suspend/restrict/terminate access for noncompliance or other necessary reasons.

Privacy commitments remain governed by the Privacy Policy.

17. Waiver, Headings, and Severability

Waiver: failure or delay in exercising rights does not waive those rights; waivers are effective only if in writing signed by Adstorm.

Headings: section headings are for convenience only and have no legal effect.

Severability: if any provision is invalid/unenforceable, remaining provisions remain in full force; invalid provisions are modified or severed as needed while preserving intent.

18. Entire Agreement

These Terms, together with incorporated Addendums/policies/agreements, are the entire agreement and supersede prior communications regarding subject matter.

Role-specific Addendums are incorporated by reference and control if conflicting with these Terms for their covered subject matter.

You confirm no reliance on statements outside these Terms/Addendums.

Any amendment/waiver must be in writing signed by an authorized Adstorm representative.

Exhibit A: Publisher Addendum

This Addendum applies to Users operating as Publishers and is incorporated into the Terms.

1) Access and Role Obligations: Publisher must own/control rights to distribute commercial content and maintain channel readiness/availability; no misrepresentation of inventory.

2) Content Integrity and Delivery: Ads must be delivered exactly as scheduled without unauthorized modification, substitution, or rescheduling.

3) Verification and Payout Eligibility: payout is contingent on verified delivery; Adstorm may audit and request support documentation; manipulation may result in suspension, denial, or termination.

4) Content Compliance and Platform Use: Publisher must ensure aired content complies with laws, licensing, and industry standards.

5) Suspension and Enforcement: Adstorm may suspend/revoke Publisher access for breach, non-performance, discrepancies, non-cooperation, or other violations.

6) Pricing and Rate Structure: pricing/rates are those posted on Platform/website at order/configuration time and may be updated prospectively.

Exhibit B: Advertiser Addendum

This Addendum applies to Users operating as Advertisers and is incorporated into the Terms.

1) Campaign Initiation and Funding: campaigns require sufficient prefunding; Adstorm may pause/cancel unfunded or inconsistent campaigns.

2) Content Submission and Ownership: Advertiser retains content ownership but must hold all rights/clearances and submit compliant, broadcast-ready content.

3) Campaign Delivery and Reporting: reporting is based on Adstorm systems/logs; disputes must be submitted in writing within 30 days.

4) Platform Use and Representations: Advertiser must use Platform lawfully and must not submit deceptive/unauthorized content or manipulate metrics.

5) Enforcement and Remedies: Adstorm may suspend/terminate access for breach, repeated misconfiguration, non-compliant content, or non-cooperation.

6) Compensation and Payout Rates: Publisher compensation is based on posted/agreed rates; no compensation for unverifiable delivery.

19. Contact Us

If you have questions, concerns, or feedback regarding these Terms or the Platform, contact support@showfer.com.

Please include your name, contact details, and a clear description of your issue so Adstorm can respond effectively.

Information provided through support channels is general and does not constitute legal, financial, or professional advice.

© 2025 Showfer Media LLC d/b/a Adstorm. All rights reserved.

This page is provided for transparency and legal reference. For business onboarding or role-specific agreements, contact support@showfer.com.