Terms of Service

Last updated: November 11, 2026

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the Defotul platform, websites, and related services (the "Services") provided by JAMES WALBOURNE LTD ("Defotul", "we", "our", or "us"). By creating a workspace, accessing the Services, or using any part of the platform, you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you confirm that you have authority to bind that organisation.

2. Accounts and workspaces

To use most features of the Services you must create an account. You agree to provide accurate and current information during registration and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorised access or suspected compromise.

3. Description of the Services

Defotul provides a programmatic advertising platform that supports campaign planning, ad serving, audience targeting, creative management, delivery pacing, measurement, and reporting across channels such as display, video, connected TV, native, and in-app inventory. The specific features available to you depend on your subscription plan and may be added, modified, or discontinued over time with reasonable notice.

4. Acceptable use

You agree to use the Services only for lawful advertising purposes and in line with our Advertising Policy. You must not use the Services to:

• deliver content that is unlawful, deceptive, or prohibited under our Advertising Policy;
• circumvent usage limits, access controls, or security measures;
• reverse engineer, decompile, or attempt to extract source code from the platform;
• interfere with the integrity or performance of the Services or the data of other customers;
• build a competing product or service from the Services.

5. Customer content and data

You retain ownership of the campaign data, creative assets, and audience information you upload to the Services. You grant Defotul a limited licence to host, process, and display that content solely to operate and improve the Services. You are responsible for ensuring you have the necessary rights and consents to use any data or creative you provide.

6. Fees and subscriptions

Fees for the Services are set out in your subscription agreement, order form, or pricing page. Unless stated otherwise, fees are quoted in the currency shown on your order form, are billed in advance on a recurring basis, and are exclusive of applicable taxes. We may change subscription pricing on reasonable advance notice; changes apply from your next billing cycle. Refunds and cancellations are described in our Refunds & Cancellation Policy.

7. Intellectual property

Defotul and its licensors retain all rights, title, and interest in the Services, including all related intellectual property. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written permission. If you send us feedback or suggestions, we may use them without restriction or obligation.

8. Confidentiality

Each party agrees to protect the other's confidential information with at least reasonable care. Confidential information includes non-public business plans, technical information, campaign data, and customer information. This obligation continues after these Terms end.

9. Data protection

Each party will comply with applicable data protection laws when handling personal data, including the UK GDPR and the Data Protection Act 2018 where they apply. Where we process personal data on your behalf, we do so under a data processing agreement that forms part of these Terms. Our Privacy Policy explains how we collect, use, and protect information.

10. Service availability

We work to keep the Services available and secure, and we may perform scheduled maintenance. We do not guarantee that the Services will be uninterrupted or error-free. Any availability commitment, if applicable to your plan, is set out in your subscription agreement.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Defotul WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST BUSINESS OPPORTUNITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits any liability or right that cannot lawfully be excluded or limited, including your statutory rights as a consumer under the laws of England and Wales, liability for fraud or fraudulent misrepresentation, and liability for death or personal injury caused by negligence.

12. Indemnification

You agree to indemnify and hold harmless JAMES WALBOURNE LTD and its officers, employees, and agents from claims, damages, liabilities, and reasonable costs arising from your use of the Services, your content, or your breach of these Terms or applicable law.

13. Termination

Either party may terminate these Terms with written notice. We may suspend or terminate access if you materially breach these Terms, if required by law, or if your use creates risk for other customers or the platform. On termination your right to use the Services ends, and we will handle your data in line with our Privacy Policy and retention practices.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Governing law

These Terms are governed by the laws of England and Wales, without regard to conflict of law rules. The courts of England and Wales have exclusive jurisdiction over disputes arising from these Terms.

16. Changes to these terms

We may update these Terms from time to time. When we make material changes we will provide notice through the platform or by email. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.