CROSS PIXEL TERMS OF SERVICE

Effective Date: December 8, 2025
Location: New York, New York, USA

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “You”) and Cross Pixel (“Company,” “we,” “us,” or “our”) regarding your use of Cross Pixel’s data segments, audience creation services, and platform (collectively, the “Services”).

By accessing the Services, submitting keywords, seed files, or other inputs (“Client Inputs”) for audience creation, or utilizing our audiences in advertising campaigns, you acknowledge and agree to be bound by these Terms and our Privacy Policy.

1. Eligibility and Authority

1.1 Business Use Only. The Services are intended solely for commercial use by businesses and organizations. You represent that you are accessing the Services for business purposes and not for personal, family, or household use.

1.2 Authority. If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “You” refers to both the individual and the entity.

1.3 Export Control and Sanctions. You represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to U.S. economic sanctions, nor are You listed on the U.S. Treasury Department’s List of Specially Designated Nationals (SDN List) or the U.S. Department of Commerce’s Denied Persons List.

2. The Services

2.1 Scope. Cross Pixel provides data aggregation, audience segmentation, and targeting solutions for online advertising.

2.2 License Grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the data segments and audiences provided by Cross Pixel solely for your internal advertising and marketing campaigns via approved Demand Side Platforms (DSPs) or Data Management Platforms (DMPs).

2.3 Prohibited Use. You may not:

Resell, sublicense, or redistribute the Cross Pixel data segments as a standalone product;
Reverse engineer, decompile, or attempt to derive the underlying composition or sources of the audiences;
Use the Services to build a competing data product or service;
Use the data for employment, housing, credit, or insurance eligibility determinations (FCRA compliance).
AI/ML Training: Use the Services, data segments, or audience outputs to train, validate, fine-tune, or benchmark any artificial intelligence system, machine learning model, or Large Language Model (LLM), nor to generate synthetic data based on Cross Pixel’s proprietary segments.

2.4 Audit Rights. Upon reasonable prior notice, Cross Pixel may request reasonable information or documentation from You to verify compliance with these Terms, specifically regarding the prohibited uses outlined in Section 2.3 and Section 4. If an audit reveals a material breach, You shall reimburse Cross Pixel for the reasonable costs of such audit.

3. Audience Creation, Methodology, and Discretion

3.1 Subjective Discretion. You acknowledge that Cross Pixel exercises its sole professional judgment and subjective discretion in the creation, modeling, curation, and delivery of Audiences.

3.2 Inputs as Signals. You understand that Cross Pixel treats Client Inputs (e.g., keyword lists) solely as directional signals. We do not represent or warrant that the final Audience will be powered solely by those specific inputs.

3.3 Collaboration and Early Involvement. To ensure your keyword strategy remains compliant and to proactively address any potential policy concerns, Cross Pixel strongly encourages the Client to involve us early in the audience planning process. Early collaboration is essential to successful and compliant audience creation.

3.4 Modification of Signals. To create an Audience that best achieves the Client’s objective, Cross Pixel reserves the right to:

Omit Signals: Remove specific keywords, URLs, or data points from the targeting model.
Augment Signals: Add look-alike modeling, contextual signals, or third-party data attributes not originally requested by You.
Privacy Filtering: Omit any signal if we believe, in our sole discretion, that its inclusion would violate state or federal data privacy laws, industry self-regulatory guidelines (e.g., NAI/DAA), platform policies, or the Sensitive Data prohibitions outlined in Section 4.

3.5 Contextual Alternatives. In instances where cookie-based keyword audiences are restricted due to privacy concerns, Cross Pixel may, where feasible, suggest or deploy Contextual Audiences (targeting behavior and content rather than user identity) as a compliant alternative.

3.6 No Material Impact Guarantee. We aim to ensure that omissions or additions do not materially affect the performance or intended target of the Audience. However, determinations regarding “material impact” are made at Cross Pixel’s sole discretion.

3.7 Evolving Policy. Cross Pixel reserves the right to reject previously approved targeting parameters without penalty as the data privacy legal landscape evolves.

4. Data Privacy, Sensitive Data, and Compliance

4.1 Compliance with Laws. Both parties agree to comply with all applicable laws and regulations, including but not limited to the CCPA, CPRA, GDPR (where applicable), and other relevant state and federal privacy laws.

4.2 Advertiser Responsibility and Intent.

Responsibility: You are solely responsible for ensuring that all Client Inputs, keywords, and targeting parameters comply with all applicable laws, regulations, and platform policies.
Intent: You acknowledge that intent matters. You represent and warrant that you will not submit keywords or inputs that attempt to clearly and unmistakably target, reveal, or infer an individual’s sensitive characteristics. The submission of inputs designed to circumvent these prohibitions is strictly prohibited.

4.3 Prohibited Sensitive Data Categories. You represent and warrant that You will not request audiences based on, nor provide inputs related to, the following Sensitive Data categories. Keywords or keyword phrases must not attempt to capture, imply, or target:

Children (Under 16): Information related to individuals under the age of 16, including data used to identify, track, or infer interests or behavior of minors.
Government-Issued Identifiers: Social Security numbers, driver’s licenses, state IDs, passports, or similar official documents.
Financial Account Credentials: Account numbers, credit/debit card details, or data that (combined with passwords/codes) grants access to financial accounts.
Precise Geolocation: Location data that pinpoints an individual’s specific physical position.
Biometric and Genetic Data: Fingerprints, facial recognition templates, iris/retina scans, voiceprints, or DNA data.
Health Information: Data revealing physical or mental health conditions, medical diagnoses, treatments, history, or reproductive health details.
Racial or Ethnic Origin: Information that reveals or implies a person’s race, ethnicity, or cultural background.
Religious Beliefs: Data relating to faith, religious affiliation, or participation in religious organizations.
Union Membership: Information regarding labor or trade union affiliations or participation.
Sexual Orientation or Sex Life: Information that reveals or infers an individual’s sexual orientation, gender identity, or sexual behavior.
Citizenship or Immigration Status: Information revealing an individual’s citizenship, immigration status, or national origin.
Political Opinions or Affiliations: Information revealing political opinions, political party membership, or specific voting history.
Criminal History: Data concerning criminal convictions, arrest records, or charges.
Contents of Private Communications: The contents of a consumer’s mail, email, and text messages, unless the Client is the intended recipient of the communication.

4.4 Cookie and Identifier Volatility. You acknowledge that the online advertising ecosystem relies on identifiers (cookies, MAIDs, IP addresses) subject to technical deprecation. Cross Pixel is not liable for any decrease in audience scale or performance resulting from third-party deprecation of tracking technologies.

4.5 Data Processing. To the extent Cross Pixel processes Personal Data (as defined by applicable privacy laws) on behalf of Client, the parties agree that such processing shall be governed by Cross Pixel’s Data Processing Addendum (available at Cross Pixel’s Privacy Policy), which is hereby incorporated by reference.

5. Client Data and Ownership

5.1 Ownership of Client Inputs. You retain all rights, title, and interest in the Client Inputs.

5.2 Ownership of Cross Pixel Data. Cross Pixel retains all rights, title, and interest in the Services, methodology, audience graph, taxonomy, and resulting Data Segments, exclusive of the raw Client Inputs.

5.3 License to Inputs. You grant Cross Pixel a worldwide, royalty-free license to use Client Inputs for the purpose of creating the Audiences, improving our modeling algorithms, and ensuring compliance. Client acknowledges that Look-alike or Contextual Audiences are probabilistic predictions based on proprietary algorithms. We do not represent or warrant that the final Audience will be comprised exclusively of users matching those specific inputs, nor that every input will be utilized. The resulting Audience composition is a trade secret of Cross Pixel.

5.4 Data Warranty. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the Client Inputs to Cross Pixel for the purposes described herein.

5.5 Feedback and Improvements. If You provide any suggestions, ideas, enhancement requests, or other feedback regarding the Services (“Feedback”), You agree that Cross Pixel shall own all right, title, and interest in and to such Feedback. You hereby assign to Cross Pixel all rights in the Feedback and agree that we may use, modify, and incorporate it into our Services without any restriction, obligation, or compensation to You.

6. Payment

6.1 Fees. Unless otherwise agreed in a separate Insertion Order (IO), usage of Cross Pixel audiences is billed via the applicable DSP or platform at the agreed CPM rate.

6.2 Discrepancies. In the event of a discrepancy between Cross Pixel’s data and the DSP’s reporting, the DSP’s numbers shall generally control for billing purposes, subject to a reasonable variance threshold.

7. Disclaimers and Limitation of Liability

7.1 “As Is” Basis. The Services are provided “AS IS” and “AS AVAILABLE.” Cross Pixel disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and accuracy.

7.2 No Guarantee of Performance. Cross Pixel does not guarantee that the use of our Audiences will result in any specific advertising outcome, click-through rate, conversion rate, or ROI.

7.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, CROSS PIXEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL CROSS PIXEL’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

7.4 Inventory Disclaimer. Cross Pixel provides audience data only. We do not control the media inventory, websites, or apps where Client’s advertisements appear. Cross Pixel expressly disclaims any liability regarding ‘brand safety,’ ad placement, or the content adjacent to Client’s advertisements.

8. Indemnification

8.1 By Client. You agree to indemnify, defend, and hold harmless Cross Pixel, its officers, directors, and employees from any third-party claims, liabilities, damages, and expenses (including legal fees) arising out of:

Your use of the Audiences in violation of applicable law;
The nature or content of the Client Inputs, specifically including any violation of the Sensitive Data prohibitions outlined in Section 4;
Your violation of these Terms.

9. Term and Termination

9.1 Term. This Agreement commences on the Effective Date and shall continue in full force and effect until terminated by either party in accordance with this Section.

9.2 Termination for Convenience. Either party may terminate this Agreement for any reason by providing thirty (30) days’ prior written notice to the other party.

9.3 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches any provision of this Agreement and fails to cure such breach within ten (10) days of receiving notice; (b) becomes insolvent or files for bankruptcy; or (c) in the case of Cross Pixel, if we reasonably believe your use of the Services violates applicable law or industry privacy standards.

9.4 Effect of Termination. Upon termination or expiration of this Agreement:

You must immediately cease all use of the Services and the Audiences;
You must remove any Cross Pixel data segments from your active advertising campaigns in all DSPs or DMPs;
All outstanding fees owed to Cross Pixel shall become immediately due and payable.

10. Suspension of Services

10.1 Right to Suspend. Cross Pixel reserves the right to immediately suspend your access to the Services, in whole or in part, without liability, if:

You fail to pay any fees when due;
We reasonably suspect that your Client Inputs or use of the Audiences violates the “Prohibited Use” (Section 2.3) or “Sensitive Data” (Section 4) provisions of this Agreement;
We are required to do so by a legal authority or a third-party platform partner (e.g., a DSP).

10.2 No Waiver. Suspension of Services does not constitute a waiver of Cross Pixel’s right to terminate this Agreement or pursue other remedies.

11. Confidentiality

11.1 Definition. “Confidential Information” means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, Cross Pixel’s audience methodology, taxonomy, pricing, and technical documentation, and your specific Client Inputs.

11.2 Obligations. Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) not use such information for any purpose other than to perform its obligations or exercise its rights under this Agreement; and (c) limit access to those employees or contractors who have a strict need to know and are bound by confidentiality obligations.

11.3 Exclusions. Confidential Information excludes information that: (a) becomes generally known to the public without breach of this Agreement; (b) was independently developed by the receiving party without use of the Confidential Information; or (c) is required to be disclosed by law or court order.

12. Data Security

12.1 Security Measures. Cross Pixel shall maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of the Services and any data processed therein.
12.2 Breach Notification. In the event Cross Pixel confirms a security breach that materially compromises the security of your Client Inputs, we will notify you in writing without undue delay, subject to any needs of law enforcement or technical remediation requirements.

13. Assignment and Survival

13.1 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without Cross Pixel’s prior written consent. Cross Pixel may assign this Agreement freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempt by you to assign this Agreement in violation of this section shall be void.

13.2 Survival. The provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to Section 5 (Client Data and Ownership), Section 6 (Payment), Section 7 (Disclaimers and Limitation of Liability), Section 8 (Indemnification), Section 11 (Confidentiality), and Section 14 (General Provisions).

14. General Provisions

14.1 Governing Law. This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. The state and federal courts located in New York, NY shall have exclusive jurisdiction.

14.2 Modifications. We may modify these Terms at any time. Material changes will be communicated to you. Continued use of the Services constitutes acceptance of the modified Terms.

14.3 Severability. If any provision is held invalid, the remainder of the Agreement remains in effect.

14.4 Entire Agreement. These Terms constitute the entire agreement between the parties regarding the subject matter hereof.

14.5 Dispute Resolution. Any dispute arising out of this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in New York, NY. The parties waive any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

14.6 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (excluding the obligation to make payments when due) to the extent such failure or delay is caused by circumstances beyond its reasonable control. Such circumstances include, without limitation: acts of God, fire, flood, earthquake, explosion, storm, or other natural disasters; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; government order, law, or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns; or interruption or failure of electricity, internet service providers, third-party software platforms (including DSPs or DMPs), or denial of service attacks. The affected party shall use commercially reasonable efforts to minimize the effects of such force majeure events.

Contact Information

Cross Pixel

225 W 34th Street, 9th Floor
New York, New York 10122

info@crosspixel.net