Olyns Self-Service Advertising Terms & Conditions

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS APP, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

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1. Relationship of the Parties

You are the “Advertiser” (or “you” or “your”). Olyns, Inc. (“Olyns,” “we,” or “our”) operates the Olyns Media Network of digital display screens (“Olyns Cubes”) located in California. These Terms and Conditions govern and form part of the advertising order (“Order”). All terms are non-negotiable.

2. Eligibility for Self- Service Advertising

To participate in Olyns’ self-service advertising rates, Advertiser represents and warrants that it is at least one of the following:

1. A small business with less than 50 employees
2. A small business with fewer than 3 brick-and-mortar locations
3. A small online business
4. A non-profit organization

3. Content; Advertisements; Approvals

1. Advertiser must furnish final advertising creative by uploading it to the Olyns Self-Service Ad Portal.
2. Advertiser may optionally engage Olyns Creative Design Services for an additional fee.
3. All advertising creative must be submitted in accordance with Olyns’ exact specifications and approved by Olyns before the campaign begins.
4. Olyns reserves the right to reject creative in its sole discretion. If rejected, Advertiser must provide a replacement within one (1) business day of campaign start.
5. Olyns may remove advertising creative at any time if it is found to be non-compliant with applicable laws or guidelines. Advertiser’s sole remedy will be a pro rata credit for prepaid and unearned amounts, if applicable.

4. Payment Obligations

1. All Advertisers must submit valid credit card or other approved payment method in advance of the campaign.
2. Campaign charges will be processed upon submission of the order. Any refunds will be evaluated on a case-by-case basis and granted at the sole discretion of Olyns.
3. Advertiser is responsible for all applicable taxes related to the advertising services, excluding property taxes attributable to the advertising structures.

5. Campaign Delivery

1. Olyns will make commercially reasonable efforts to deliver the contracted Impression Goal over the campaign duration.
2. If delivery is below 95% of the contracted Impression Goal, Advertiser will be entitled to a Makegood in the form of additional placements or an extension of the campaign term.
3. Olyns may preempt digital advertising for public service messages in emergencies (e.g., Amber Alerts). Such interruptions do not constitute a breach of contract.
4. Olyns may preempt digital advertising for public service messages in emergencies (e.g., Amber Alerts). Such interruptions do not constitute a breach of contract.

6. Advertising Terms

1. Impressions are calculated based on 15-second ad durations and third-party audited impression multipliers across selected locations and campaign duration.
2. Advertisers may select locations through the Olyns Ad Portal.
3. Olyns will use commercially reasonable efforts to distribute impressions evenly throughout the day, subject to availability.
4. Advertisers will receive a campaign delivery report within approximately 72 hours of campaign end.

7. Events Beyond Our Control (Force Majeure)

Olyns will not be liable for loss of service caused by labor disputes, acts of God, vandalism, network failures, or other causes beyond our control. In such cases, Advertiser will be entitled to a Makegood, but no refund.

8. Indemnity

Advertiser will indemnify and hold harmless Olyns, its affiliates, and their employees, officers, agents, and representatives from any liability arising from the advertising content provided by Advertiser, including but not limited to trademark infringement, privacy violations, defamation, or legal claims.

9. Breach & Cancellation

1. Olyns may cancel the Order or cease display of Ads immediately in the event of a material breach by Advertiser.
2. The Order is non-cancellable once payment is processed, except as explicitly agreed in writing.

10. Marketing Use

Advertiser grants Olyns permission to use photographs or renderings of its advertisements in Olyns marketing materials, presentations, and website.

11. Miscellaneous

• Olyns is an independent contractor and not an agent of Advertiser. Neither these Terms & Conditions nor relationship of Advertiser and Olyns shall be deemed to be a joint venture, partnership, or any other association for any purpose or any contacts.
• The laws of the State of California govern these Terms & Condition and any matter arising out of or related to it, without regard to its conflicts of laws principles.
• Olyns may securely store Advertiser contact information to provide services. Olyns will not sell this data to any third party.
• Advertiser may not assign this Order without Olyns’ prior written consent.