Terms of Service
Effective date: 1 May 2026 — Last updated: 1 May 2026
1. Acceptance of these terms
These Terms of Service (the "Terms") govern access to and use of Jakala Performance Agent (the "Application") provided by Jakala S.p.A., Via Carlo Tenca 8, 20124 Milan, Italy ("Jakala"). By signing in, you confirm that you have read, understood, and agreed to be bound by these Terms and by the linked Privacy Policy. If you do not agree, do not access the Application.
2. Eligibility and authorised access
Access to the Application is restricted to (i) Jakala employees, (ii) Jakala Group affiliates, and (iii) third parties explicitly authorised in writing by Jakala (the "Authorised Users"). Each Authorised User must be at least 18 years old, must use individual credentials, and may not transfer or share access. Account creation requires designation by a Jakala administrator. Jakala may revoke access at any time at its sole discretion.
3. Permitted use
The Application may be used solely to manage media performance for accounts that the Authorised User is contractually entitled to operate, to produce analytical artefacts (reports, slides decks, spreadsheets) for legitimate professional purposes, and to coordinate operational decisions within the Jakala team. Any other use is prohibited.
4. Google data and the API Services User Data Policy
When you authorise the Application to access Google Ads, Google Analytics 4, or Google Drive (file-restricted scope), you confirm that you have the necessary rights to delegate such access. The Application's use of Google user data complies with the Google API Services User Data Policy, including the Limited Use requirements, as detailed in the Privacy Policy. You may revoke the Application's access at any time at https://myaccount.google.com/permissions.
5. Acceptable use
You agree not to:
- Use the Application for any unlawful, infringing, deceptive, or harmful purpose, or in violation of any applicable advertising standard or regulation.
- Attempt to access data, accounts, or features for which you are not authorised.
- Reverse engineer, decompile, scrape, or otherwise interfere with the Application or its underlying infrastructure beyond what is permitted by mandatory law.
- Introduce malware, conduct intrusion testing, or stress the Application's infrastructure without prior written authorisation from Jakala.
- Use the Application's outputs to engage in deceptive, misleading, or non-consensual practices toward end users or data subjects.
- Bypass authentication, authorisation, or rate-limiting mechanisms.
6. Intellectual property
The Application, including its code, design, documentation, and the analytical outputs generated by it, is owned by Jakala or its licensors and is protected by intellectual property laws. Authorised Users receive a limited, non-exclusive, non-transferable right to use the Application for the purposes described in these Terms. Underlying Google data remains the property of the respective rights holders. Generated artefacts (reports, decks) may be used by the Authorised User and the relevant client for legitimate business purposes, subject to applicable confidentiality obligations.
7. AI-generated recommendations
The Application uses artificial intelligence components to generate analyses, recommendations, and narratives. Outputs are advisory in nature and may contain inaccuracies or omissions. Users must independently review every recommendation before applying it to a production advertising account. Jakala makes no warranty as to the accuracy, completeness, or fitness for purpose of AI-generated content, and is not liable for losses arising from the application of AI outputs without qualified human review.
8. Service availability
The Application is provided on a commercially reasonable best-effort basis. Jakala does not guarantee uninterrupted availability, error-free operation, or compatibility with any specific environment. Maintenance windows, dependency outages, or events beyond Jakala's reasonable control may temporarily limit access.
9. Disclaimer of warranties
EXCEPT AS REQUIRED BY MANDATORY LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY OF DATA. THE APPLICATION DOES NOT GUARANTEE ANY SPECIFIC ADVERTISING PERFORMANCE OR FINANCIAL OUTCOME.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JAKALA, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, EVEN IF JAKALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JAKALA'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY THE AUTHORISED USER'S ORGANISATION TO JAKALA FOR THE SPECIFIC ENGAGEMENT TO WHICH THE CLAIM RELATES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY LAW.
11. Indemnification
You agree to indemnify and hold harmless Jakala from and against any third-party claim, damage, or expense (including reasonable legal fees) arising from (i) your breach of these Terms, (ii) your unauthorised use of the Application, (iii) your violation of any third party's rights, or (iv) your violation of any applicable law in connection with the use of the Application.
12. Confidentiality
Authorised Users must treat client data, performance metrics, analytical outputs, and any non-public information accessed through the Application as confidential and use them solely for the purposes for which access was granted. This obligation survives termination of access to the Application.
13. Suspension and termination
Jakala may suspend or terminate access to the Application at any time, with or without notice, in case of (i) breach of these Terms, (ii) suspected security incident, (iii) discontinuation of the underlying engagement, or (iv) for any other reason at Jakala's reasonable discretion. Upon termination, the Authorised User must cease using the Application and return or destroy any copies of confidential information in their possession.
14. Force majeure
Neither party will be liable for failure to perform any obligation (other than payment obligations) to the extent that such failure is due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, government action, or failure of third-party providers such as cloud hosting, electricity, or telecommunications.
15. Changes to these terms
Jakala may update these Terms from time to time. Material changes will be notified to active Authorised Users at least 14 days before they take effect. Continued use of the Application after the effective date of the updated Terms constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Application.
16. Severability and entire agreement
If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force. These Terms, together with the Privacy Policyand any engagement-specific contracts in place between Jakala and the Authorised User's organisation, constitute the entire agreement between the parties with respect to the Application and supersede any prior or contemporaneous representations.
17. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Italy, excluding its conflict-of-law rules. Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Milan, Italy, except that Jakala may seek injunctive relief in any competent court.
18. Contact
Jakala S.p.A., Via Carlo Tenca 8, 20124 Milan, Italy. Email: amedeo.guffanti@jakala.com. Legal questions may also be addressed to legal@jakala.com.