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§ LEGAL · Terms of Service

Terms of Service

Effective: 2026-04-19

Last updated: 2026-04-19

These Terms of Service (“Terms”) govern your access to and use of the services provided by Mataki Labs LLC (“Fairlead,” “we,” “us,” or “our”), a Wyoming limited liability company, including the fairlead.dev website, the Fairlead dashboard, APIs, SDKs, and related services (collectively, the “Services”). Fairlead provides privacy-native ad exchange infrastructure for developers.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

  • “Account” means your registered account on the Fairlead platform.
  • “Workspace” means an isolated environment within your Account that contains ad inventory, exchange configuration, and related settings.
  • “Exchange” means the Fairlead programmatic ad exchange infrastructure you connect to or operate through the Services.
  • “Bid Request” means a server-side ad decision request processed by the Fairlead exchange on your behalf.
  • “Event” means an impression, click, or conversion signal tracked by the Services.
  • “Plan” means the subscription tier you have selected (Free, Pro, Scale, or Enterprise).

2. Account Registration

To use certain features of the Services, you must create an Account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your Account credentials and API keys
  • Notify us immediately of any unauthorized use of your Account
  • Accept responsibility for all activity that occurs under your Account

You must be at least 16 years old to create an Account. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Use of the Services

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with your Plan.

3.2 Use Restrictions

You agree not to:

  • Access, attempt to access, or use the Services for any purpose other than through the documented Fairlead APIs
  • Circumvent or disable any security features of the Services, including access controls or rate limiting
  • Reverse engineer, decompile, or disassemble any proprietary part of the Services (except as permitted by applicable law or for open-source components under their applicable licenses)
  • Use the Services in violation of any applicable law or regulation, including applicable advertising regulations
  • Resell or redistribute access to the Services without our prior written consent
  • Engage in bid manipulation, click fraud, or any other activity that circumvents or distorts the integrity of the auction system
  • Use the Services to process or transmit any data that is subject to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) without prior authorization

3.3 API Usage

Your use of the API is subject to the rate limits specified in your Plan. We reserve the right to throttle or suspend API access if usage patterns indicate abuse or threaten service stability. Rate limits are applied per workspace and are documented on our pricing page. We will provide reasonable notice before taking enforcement action, except in cases of imminent harm to service availability.

4. Subscriptions and Billing

4.1 Subscription Plans

The Services are offered under tiered subscription plans as described on our pricing page. Plan features and pricing are subject to change with 30 days’ prior notice.

4.2 Billing

Paid Plans are billed monthly in advance. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Usage Measurement

Usage is measured by the volume of Bid Requests processed and Events tracked within a billing period, as specified in your Plan.

4.4 Overages

If your usage exceeds the limits included in your Plan, overage charges will apply at the rates specified in your Plan. We will notify you when your usage approaches your Plan limit.

5. Content Ownership

5.1 Your Data

You retain all rights to your data, including ad inventory configurations, targeting parameters, and any content you submit to the Services. We do not claim ownership of any data you submit.

5.2 Data Processing

Fairlead processes Bid Requests solely for the purpose of providing the Services — specifically, running the auction, returning ad decisions, and recording Events. We do not use your data to train models or for any purpose outside of operating the Services on your behalf.

5.3 License to Fairlead

You grant us a limited license to use, process, and store your data solely as necessary to provide the Services. This includes processing Bid Requests, recording Events, and generating analytics for your Account.

6. Data Processing

6.1 Roles

Fairlead acts as a data processor with respect to end-user ad request and event data. You, as the customer, are the data controller and are responsible for ensuring you have a lawful basis to submit such data to the Services.

6.2 Data Portability

You may export your account data and configuration at any time through the API or dashboard.

6.3 Data Deletion

Upon termination of your Account, we will delete your data within 30 days, except where retention is required by law or for legitimate business purposes (such as billing records).

7. Third-Party Services

7.1 Third-Party Responsibility

Fairlead may integrate with third-party services. We are not responsible for changes to third-party APIs, including deprecations, breaking changes, or outages. We will make reasonable efforts to update our integrations in response to known changes, but we do not guarantee compatibility at all times.

7.2 Third-Party Terms

Your use of any third-party services integrated with Fairlead is governed by those providers’ own terms of service and privacy policies. You are responsible for complying with all applicable third-party terms.

8. Service Availability

8.1 Uptime

We target 99.9% uptime for the Fairlead platform on the Enterprise plan. Planned maintenance windows will be announced at least 48 hours in advance.

8.2 Service Level Agreement

Enterprise Plan customers may negotiate a separate Service Level Agreement (SLA) with specific uptime commitments, response times, and remedies.

8.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For material changes, we will provide at least 30 days’ notice. We will not be liable to you for any modification, suspension, or discontinuation of the Services.

9. Intellectual Property

9.1 Fairlead IP

The Services, including the Fairlead platform, dashboard, documentation, trademarks, and proprietary technology, are owned by Fairlead and protected by intellectual property laws. Nothing in these Terms grants you rights to our trademarks or branding.

9.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, irrevocable, perpetual license to use that feedback for any purpose without obligation to you.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE AVAILABILITY, PERFORMANCE, OR COMPATIBILITY OF ANY THIRD-PARTY SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRLEAD, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Fairlead and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any applicable law or regulation, including applicable advertising regulations
  • Any claim by your end users related to ad targeting, event tracking, or data handling through the Services

13. Termination

13.1 By You

You may terminate your Account at any time by contacting us or using the account settings. Termination takes effect at the end of your current billing period.

13.2 By Fairlead

We may suspend or terminate your Account if:

  • You violate these Terms
  • Your Account is used for illegal activity
  • You fail to pay fees when due after 15 days’ written notice
  • We are required to do so by law

We will provide reasonable notice before termination except in cases of egregious violation or legal requirement.

13.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will make your data available for export for 30 days following termination, after which all data will be permanently deleted. Sections 5.1, 9, 10, 11, 12, 14, and 15 survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in the State of Wyoming. The arbitrator’s decision shall be final and binding.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

14.4 Small Claims Exception

Either party may bring a claim in small claims court in the State of Wyoming if the claim qualifies.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Fairlead regarding the Services and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may provide notices to you via email to the address associated with your Account or by posting on the Services. Notices to Fairlead should be sent to legal@fairlead.dev.

Contact Us

If you have questions about these Terms, contact us at:

Fairlead Email: legal@fairlead.dev Website: fairlead.dev