Opera Ads Program Terms

Welcome to Opera Ads! Opera Ads is an advertising platform that offers a digital advertising solution to agencies and advertisers to connect and engage with the Opera audiences at a global scale. These terms govern your use of these services. Please read this document carefully.

These Opera Ads Program Terms (“Terms”) are entered into by Opera Software Ireland Ltd. (“we” or “Opera Ads”) and the person entering into these Terms electronically (“you” or “Advertiser”). By using the services, you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services.

1. Opera Ads

Participation in the Opera Ads means that you authorize Opera and its affiliates to use automated tools to format and publish the advertisement content and materials (“Ads”) for you. Accordingly, you authorize Opera and its affiliates to place your Ads on the platforms which are owned and operated by Opera or its affiliates or, as applicable, a third party that Opera or its affiliates have contractual relationship with (“Partner”) (the aforesaid platforms are referred to as “Platforms”). Opera and its affiliates or Partners reserve all rights to modify or cancel the Opera Ads Program at any time.

2. Ad Content

You are solely responsible for the content of Ads, including but not limited to the keywords and other elements selected for targeting, URLs, landing pages and applications that Ad viewers will be redirected to and products and services that are advertised on the Platforms. Certain features of Opera Ads Program are optional and you may decide to opt in or opt out at your discretion. If any Ad is deemed to be political in nature or meriting special treatment under applicable law, Opera may require additional compliances and disclosures, and may additionally alter the Ads and disclose information relating to the Advertiser, as may be required under applicable law. Opera and its affiliates or Partners may remove or reject any content of your Ads at any time.

3. Ad Account

You are solely responsible for the use of Opera Ads Program and safeguard the account usernames and passwords from unauthorized access and use (“Use”).

4. Ad Serving and Discrepancies

(a) You warrant that all information and authorizations provided by the Advertiser for the purpose of Opera Ads Program are complete, correct and valid.

(b) You will not provide Ads that contain or connect to malware, spyware, unwanted software or any other malicious code or knowingly breach or circumvent Opera security measure.

(c) Subject to express authorization by Opera, Advertiser may serve or track Ads under the Opera Ads Program through a third-party Ad server (“3PAS”). Opera may suspend or withdraw the authorization to 3PAS at any time, at its sole discretion, without assigning any reasons whatsoever. Further, Opera shall not be liable for any click fraud or any other invalid click activity that may affect the impressions, inquiries or clicks on your Ads, thereby impacting the cost of running Ads for you. The Advertiser acknowledges that Opera shall conduct testing of, inter alia, the Platform and placement of Ads thereof, and such activities that may temporarily impact the serving of Ads or the functioning of the Platforms, and Opera shall not be liable for any such downtime, and where such downtime is unreasonably excessive, the sole remedy of the Advertiser shall be to receive credits from Opera at its discretion.

5. Cancellation

Unless otherwise provided under an agreement referencing these Terms (an “IO”), either party may cancel any Ad at any time before the earlier of Ad placement and Ad auction, whichever is earlier. The Advertiser is obligated to pay cancellation fees if applicable under the IO. If it is not feasible to cease the serving of the Ads upon cancellation by the Advertiser, the Advertiser remains obligated to pay all charges resulting from the served Ads. In the case of cancellation by Advertiser, Advertiser must effect cancellation of Ads with notice to Opera via email from the registered email address of the Advertiser’s sales representative.

6. Grant of rights

Advertiser warrants that it holds rights in the Ads, and hereby grants Opera, its affiliates and Partners, such rights in the Ads as are reasonably required from Opera, its affiliates and Partners to operate the Opera Ads Program. For the purpose of Opera Ads Program,

(a) the Advertiser authorizes Opera and its affiliates to retrieve and analyze Ads, and create test credentials to access the Ads, for any purpose;

(b) Advertiser authorizes Opera, its affiliates and their agents to call and send text messages to the telephone numbers provided by the Advertiser and send electronic mail to the Advertiser, for any purpose in connection with the Opera Ads Program.

7. Indemnity.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Opera, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

8. Payment.

You will pay all fees incurred in connection with Opera Ads Program, using a payment method approved by Opera (as modified from time to time), within a commercially reasonable time period specified agreed otherwise. You shall maintain the balance in your account sufficient to fund a specific Opera Ads Program before and throughout the program period. Opera reserves all rights to cease any ongoing programs or reject any new programs if the funding in your account is insufficient. The fees are exclusive of taxes; accordingly, the Advertiser will pay all taxes and other government charges and the Advertiser shall indemnify Opera against any claims, levies, charges, penalties, losses, deductions or taxes levied on Opera on account of the failure of the Advertiser to discharge its obligations hereunder. The fees are based on the billing criteria under the applicable Opera Ads Program. Opera is not obligated to deliver any Ads in excess of the balance in your account. Opera designates US Dollar as the default currency for Ads auction. For invoices, please contact Opera business account manager for details. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVERTISER WAIVES ALL CLAIMS RELATING TO ANY PROGRAM CHARGES UNLESS A CLAIM IS MADE AND CREDIT IS GRANTED IN ACCORDANCE WITH THESE TERMS.

9. Disclaimers.

TO THE FULLEST EXTENT PERMITTED BY LAW, OPERA, ON BEHALF OF ITSELF AND ITS AFFILIATES AND PARTNERS, DISCLAIMS AND EXCLUDES ALL CONDITIONS, REPRESENTATIONS, GUARANTEES AND WARRANTIES WITH REGARD TO THE OPERA ADS PROGRAM AND THE PLATFORMS, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AS WELL AS ANY IMPLIED TERMS ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, WHICH ARE NOT EXPRESSLY SET OUT IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW AND OTHER THAN EXPRESSLY SET OUT IN THESE TERMS, OPERA ADS PROGRAM AND THE PLATFORMS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND ADVERTISER USES THEM AT ITS OWN RISK AND NONE OF OPERA, ITS AFFILIATES OR PARTNERS MAKE ANY GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH OPERA ADS PROGRAM OR PLATFORM PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERA MAKES NO PROMISE TO INFORM ADVERTISERS OF DEFECTS OR ERRORS.

10. Limitations of liability.

EXCEPT FOR SECTION 7 AND ADVERTISER’S BREACHES OF SECTIONS 4 and 11, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER OPERA NOR THE ADVERTISER OR THEIR RESPECTIVE AFFILIATES (AND PARTNERS IN THE CASE OF OPERA) MAY BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE OTHER PARTY IS AWARE OR SHOULD KNOW THAT SUCH OTHER TYPES OF DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT MAKE A SATISFACTORY REMEDY; AND (b) OTHER THAN ADVERTISER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, NEITHER OPERA NOR THE ADVERTISER OR THEIR RESPECTIVE AFFILIATES (AND PARTNERS IN THE CASE OF OPERA) MAY BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO OPERA BY THE ADVERTISER UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.

11. Confidentiality.

The Terms and all communications exchanged between Company and Opera are confidential and shall not be disclosed to any third party (other than the qualified accountants or legal advisors of the parties). If the parties have executed a non-disclosure agreement (“NDA”) such NDA is incorporated into the Agreement by this reference. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.

12. Miscellaneous.

These Terms: (a) may be amended or assigned only by a written agreement executed by an authorized representative of each party; and (b) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. Any additional or different terms and conditions included on any documentation or purchase order provided by Company will be null and void. In the event that any provision of the Agreement is held by a court or government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The waiver by either party of a breach of any provision of the Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. The Agreement may be executed in counterparts, via telefacsimile or exchange of PDF or similar electronic document format, each of which shall constitute an original but all of which taken together shall constitute one and the same agreement. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. All rights and remedies hereunder are cumulative.