Terms of Service

These Terms of Service ("Terms") govern your access to and use of the OOH My Media platform, website, and services (collectively, the "Platform") operated by OOH My Media, Inc. ("OOH My Media," "we," "us," or "our"), a Delaware corporation headquartered at 801 Brickell Avenue, Suite 900, Miami, FL 33131.

By creating an account, accessing the Platform, or placing a campaign booking, you agree to these Terms on behalf of yourself and, if applicable, the company or organization you represent ("you" or "Advertiser"). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a binding legal agreement. Please read them carefully. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to these Terms.

1. Platform Description and Eligibility

1.1 Platform Services

OOH My Media provides a technology platform that enables advertisers to discover, plan, book, and measure out-of-home advertising campaigns, including billboard, transit, street-level, and digital OOH formats, across inventory supplied by third-party OOH operators in the United States and, where available, internationally. The Platform includes tools for geographic targeting, audience data analysis, campaign planning, booking and payment processing, creative submission, and post-campaign performance reporting.

1.2 Eligibility

To use the Platform, you must: (a) be at least 18 years of age; (b) have legal authority to enter into contracts in your jurisdiction; (c) be using the Platform for legitimate commercial advertising purposes; and (d) not be located in, or acting on behalf of a person or entity in, any jurisdiction subject to US trade sanctions. The Platform is intended for business use only; consumer use is not permitted.

1.3 Geographic Scope

The Platform currently indexes OOH inventory primarily across the United States. International inventory, where available, is subject to additional terms and may be limited by applicable advertising regulations in those jurisdictions. You are responsible for ensuring that your campaigns comply with all applicable laws and regulations in the markets where you advertise.

2. Account Registration

2.1 Account Creation

Access to the Platform requires creating an account by providing accurate, current, and complete information including your name, business email address, company name, and billing information. You agree to maintain and promptly update this information to keep it accurate.

2.2 Account Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must immediately notify us at security@oohmymedia.org if you suspect unauthorized access to your account. OOH My Media is not liable for any loss or damage arising from your failure to maintain account security.

2.3 Account Types

OOH My Media offers Self-Serve and Enterprise account tiers. Features, pricing, and service levels differ between tiers as described in our pricing documentation. Enterprise accounts are subject to additional terms outlined in the applicable master service agreement or order form.

2.4 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, fail to maintain accurate account information, engage in fraudulent activity, or where required by law. We will provide reasonable notice of suspension where practicable, except where immediate action is required to protect platform integrity or third-party rights.

3. Campaign Bookings and Payments

3.1 Booking Process

Campaign bookings are initiated through the Platform by selecting inventory, specifying campaign dates, submitting creative, and confirming payment. A booking is confirmed upon receipt of payment or, for invoiced enterprise accounts, upon written confirmation from OOH My Media. Confirmed bookings constitute binding contracts for the purchase of advertising services from the relevant OOH operator(s).

3.2 Pricing

Pricing displayed on the Platform is in US dollars and reflects the cost of the advertising placement. OOH My Media charges a platform service fee on each booking, which is included in the displayed price. Prices are fixed at the time of booking. For programmatic DOOH buys, prices are subject to real-time market conditions and may vary from initial estimates until the booking is confirmed.

3.3 Payment Terms

Self-serve bookings require payment in full at the time of booking by credit card or ACH transfer. Enterprise accounts with credit terms are invoiced monthly for the preceding month's activity, with payment due within 30 days of invoice date. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

3.4 Taxes

You are responsible for all applicable taxes, including sales tax, use tax, VAT, and withholding taxes, associated with your bookings. Where OOH My Media is required to collect taxes, they will be added to your invoice or checkout total.

3.5 Disputed Charges

If you believe a charge is incorrect, you must notify us in writing within 30 days of the charge date. We will investigate and respond within 15 business days. Undisputed portions of invoices must be paid on time regardless of disputes over other amounts.

4. Creative Content Requirements

4.1 Technical Specifications

You must submit creative materials that meet the technical specifications for your booked format(s), as detailed in the Platform's creative specification documentation. OOH My Media and the relevant operators reserve the right to reject creative that does not meet technical requirements, and such rejection does not entitle you to a refund if the rejection occurs within the advertiser's control.

4.2 Content Standards

You represent and warrant that all creative content you submit: (a) complies with all applicable laws and regulations, including advertising standards, truth-in-advertising requirements, and category-specific regulations; (b) does not infringe any third-party intellectual property rights; (c) does not contain false, misleading, or deceptive claims; (d) is appropriate for display in public environments accessible to all audiences, including minors; and (e) complies with the content policies of the applicable OOH operators, which are available on request.

4.3 Prohibited Content

The following content categories are prohibited on the Platform:

• Tobacco and tobacco-related products
• Adult content or sexually explicit material
• Content that promotes illegal activity
• Political advertising in markets where operator restrictions apply
• Content that violates FTC disclosure requirements for endorsements or testimonials
• Content targeting children in formats prohibited by COPPA or applicable state laws
• Comparative advertising that makes unsubstantiated factual claims about competitors
• Content that a reasonable person would consider hateful, threatening, or harassing

We reserve the right to determine, in our sole discretion, whether content violates these standards and to reject or remove non-compliant creative without liability.

4.4 Creative Submission Timeline

You must submit approved creative materials by the deadline specified at the time of booking (typically 5 to 10 business days before the campaign start date for static formats, and 2 business days for digital formats). Late creative submission may result in a delayed campaign start date. OOH My Media is not responsible for lost impressions resulting from late creative submission by the advertiser.

5. Cancellations and Refunds

5.1 Advertiser Cancellations

Cancellations are subject to the following policy based on notice provided before the campaign start date:

• More than 30 days before start: Full refund less a 5% processing fee.
• 15 to 30 days before start: 50% refund of the booking amount.
• 7 to 14 days before start: 25% refund of the booking amount.
• Less than 7 days before start: No refund. The full booking amount is forfeited.

For programmatic DOOH campaigns, cancellation terms are specified at the time of booking and may differ from the above schedule based on the commitment structure of the buy.

5.2 Operator Cancellations and Makegoods

If an OOH operator cancels a confirmed booking, fails to install creative, or delivers materially fewer impressions than contracted, OOH My Media will work with the operator to arrange either a makegood (replacement inventory of equivalent value) or a pro-rated refund for undelivered inventory. OOH My Media's liability in such cases is limited to the pro-rated amount of the booking fee attributable to the undelivered inventory.

5.3 Force Majeure

Neither OOH My Media nor operators are liable for campaign delivery failures caused by events beyond reasonable control, including natural disasters, government actions, infrastructure failures, or public health emergencies. In such cases, OOH My Media will work in good faith with affected advertisers to arrange makegoods or partial refunds where feasible.

6. Platform License and Restrictions

6.1 License Grant

Subject to these Terms, OOH My Media grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes of planning, booking, and managing OOH advertising campaigns.

6.2 Prohibited Uses

You may not: (a) reverse engineer, decompile, or disassemble any portion of the Platform; (b) scrape, crawl, or systematically extract data from the Platform without authorization; (c) access the Platform to build a competing service; (d) use automated tools to place bookings, access inventory data, or interact with the Platform without our prior written consent; (e) share your account credentials with third parties; (f) attempt to circumvent any security or access controls; or (g) use the Platform in any way that violates applicable law or these Terms.

6.3 API Access

Enterprise accounts may be granted API access under separate API terms. API access is subject to rate limits, acceptable use policies, and security requirements specified in the API documentation. Unauthorized automated access to the Platform without an approved API agreement is prohibited.

7. Intellectual Property

7.1 OOH My Media IP

The Platform, including all software, technology, databases, inventory data, audience data, analytics tools, and associated documentation, is the intellectual property of OOH My Media or its licensors. These Terms do not grant you any ownership rights in the Platform. All rights not expressly granted are reserved.

7.2 Advertiser Creative

You retain all intellectual property rights in creative materials you submit. By submitting creative to the Platform, you grant OOH My Media and the relevant operators a limited, non-exclusive license to reproduce, display, and distribute your creative solely for the purpose of delivering your booked campaign. This license terminates at the conclusion of the campaign.

7.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Platform, you grant OOH My Media an unrestricted, royalty-free right to use that feedback for any purpose without compensation or attribution to you.

8. Data and Measurement

8.1 Campaign Performance Data

Post-campaign reports and performance data generated through the Platform are based on methodologies described in our measurement documentation. Impression counts for static formats are derived from Traffic Audit Bureau (TAB) data and are estimates rather than exact counts. Digital OOH delivery logs are based on third-party verified screen delivery data. OOH My Media does not guarantee that measurement results will meet specific performance benchmarks.

8.2 Audience Data

Audience data provided through the Platform for campaign planning purposes is sourced from third-party data providers and is subject to the accuracy limitations inherent in location-based panel methodologies. Audience composition data is provided for planning purposes and should not be relied upon as guarantees of actual campaign audience demographics.

8.3 Data Ownership

Your campaign data and performance reports are yours. OOH My Media may use aggregated, de-identified data derived from campaigns on the Platform for internal research, product improvement, and industry benchmarking, provided that such use does not identify you or your campaigns to third parties.

9. Operator Relationships and Liability

9.1 OOH My Media as Intermediary

OOH My Media facilitates transactions between advertisers and OOH operators but is not the operator of the advertising structures on the Platform. While we vet operators for compliance with our platform standards, we do not guarantee the performance, reliability, or quality of any specific operator or placement.

9.2 Operator Responsibility

OOH operators are responsible for the physical installation, maintenance, and operation of their inventory. OOH My Media is not liable for operator failures including structural damage, incorrect installations, lighting malfunctions, or other physical defects affecting campaign delivery, except to the extent that such failures entitle you to a makegood or refund under Section 5.

9.3 Regulatory Compliance

OOH advertising placements are subject to local zoning, permitting, and advertising regulations. Operators represent that their inventory is properly permitted. OOH My Media is not liable for regulatory actions affecting specific placements.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OOH MY MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, CONTENT, OR INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING INVENTORY DATA, AUDIENCE DATA, AND MEASUREMENT RESULTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OOH MY MEDIA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO OOH MY MEDIA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT WILL OOH MY MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR DAMAGE TO BRAND REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE FOREGOING LIMITATIONS CAUSE AN EXCLUSIVE REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to indemnify, defend, and hold harmless OOH My Media, its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your campaign creative, including any claims of intellectual property infringement, false advertising, or regulatory violation; (c) your breach of these Terms; (d) your violation of any applicable law; or (e) your misrepresentation of authority to bind an organization to these Terms.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating formal dispute proceedings, you agree to contact us at legal@oohmymedia.org and attempt to resolve the dispute informally. We will attempt to respond within 30 days with a proposed resolution.

13.2 Binding Arbitration

If informal resolution fails, disputes arising from or related to these Terms (other than claims for injunctive or equitable relief) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami, Florida, or by remote hearing. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration against OOH My Media. Disputes must be brought on an individual basis only.

13.4 Exceptions

Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. For matters not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Miami-Dade County, Florida.

15. Modifications to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice by email to your registered address or by posting a notice on the Platform. Your continued use of the Platform after the effective date of modified Terms constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Platform.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any order forms or enterprise agreements, constitute the entire agreement between you and OOH My Media regarding the Platform and supersede all prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.

Waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

Assignment. You may not assign these Terms or your account without our prior written consent. OOH My Media may assign these Terms in connection with a merger, acquisition, or sale of assets.

No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and OOH My Media.

Notices. Legal notices to OOH My Media must be sent to legal@oohmymedia.org or by certified mail to our address below. Notices to you will be sent to your registered email address.

17. Contact Information

For questions about these Terms or legal matters:

OOH My Media, Inc.
Attn: Legal Department
801 Brickell Avenue, Suite 900
Miami, FL 33131
Email: legal@oohmymedia.org
Phone: +55 11 3090 4700