These Terms and Conditions govern the contractual relationship between Joltify and its advertiser clients in the context of performance-based mobile user acquisition services.
These General Terms and Conditions (hereinafter "T&Cs") govern the entire contractual relationship between Joltify, SAS (hereinafter "Joltify" or "the Service Provider"), and any professional client (hereinafter "the Advertiser") wishing to use its performance-based mobile acquisition services.
Joltify specializes in generating mobile application downloads and post-install events on behalf of advertisers via a network of selected traffic sources. Submission of a signed Insertion Order (IO) by the Advertiser constitutes full acceptance of these T&Cs. Any modification to the IO is invalid unless agreed in writing by both parties.
These T&Cs apply to the exclusion of any other conditions, including those of the Advertiser. In the event of a conflict between these T&Cs and the signed commercial document, the latter shall prevail.
⏱ Quoted rates are only valid for fourteen (14) days from the date of communication. After this period, Joltify reserves the right to modify them.
Joltify provides performance-based mobile user acquisition services, including in particular:
Joltify may, at its discretion, modify a campaign launch date if advertising creatives are not delivered on time, in case of third-party delays, inventory fluctuations or other technical issues.
The Advertiser is granted a limited, non-sublicensable, non-transferable and non-exclusive right to access the tools provided by Joltify, solely for the Advertiser's internal use in connection with the service.
The Advertiser agrees to direct all communications relating to the use of services to Joltify, and not to publisher or partner traffic sources.
The Advertiser warrants, represents and agrees that it will not contribute, submit or make available through the services any counterfeit, defamatory, obscene, pornographic, abusive or rights-infringing content. In particular, applications promoted must not:
The Advertiser also undertakes to:
Joltify reserves all rights relating to the Service and may exercise all legal options available in the event of a breach by the Advertiser.
Joltify's billing is established exclusively on a performance basis, on the basis of validated events tracked in the Advertiser's MMP. The rate per event (CPI, CPA, or other) is defined in the IO signed between the parties.
Only events that comply with jointly defined validation criteria (event occurring within the timeframe, non-duplicate, non-fraudulent) are taken into account for billing purposes.
In the event of discrepancy, the parties agree to use the data from the Advertiser's MMP as the source of truth.
Any dispute regarding event volumes must be notified in writing within 15 business days of receipt of the invoice. After this period, the invoice shall be deemed accepted. Data communicated orally by a Joltify representative does not constitute final billing figures: only invoices sent directly to the Advertiser are authoritative.
Applicable rates are those set out in the IO validated by both parties, expressed in € excl. VAT. Applicable VAT will be added in accordance with applicable law. All payments must be made in euros.
Joltify reserves the right to modify its rates with a minimum notice of 30 calendar days. Any rate modification does not apply to ongoing campaigns unless expressly agreed by both parties.
Joltify issues invoices monthly, based on events validated during the previous month. Invoices are sent electronically to the email address designated by the Advertiser.
Unless otherwise agreed or subject to credit approval, payments are due net 30 days from the invoice date, by bank transfer. Joltify is not required to provide the agreed services until payment has been received, where advance payment has been agreed.
Any late payment automatically triggers: late payment penalties at the ECB rate plus 10 points, and a flat-rate recovery fee of €40 per unpaid invoice.
If the Advertiser postpones a campaign within 15 days of its planned date, a fee equal to 10% of the IO value (minimum €1,000) will be charged. Any subsequent postponement will be charged on the same terms.
Any cancellation notice must be given in writing at least 7 days before the planned date. In this case, the Advertiser pays an indemnity equal to 30% of the remaining amount. Any cancellation notified less than 7 days before the planned date results in the full amount of the campaign being invoiced.
In the event of non-payment at the due date, Joltify reserves the right to immediately suspend all active campaigns of the Advertiser, without notice. Campaigns will only resume after full regularization.
Joltify implements the technical measures necessary to detect and filter fraudulent traffic sources (bots, install farms, invalid traffic, etc.) and commits to only billing valid events.
In the event of confirmed fraud detected after invoicing and confirmed by the Advertiser's MMP, Joltify will issue a credit note or adjustment on the following invoice for the confirmed fraudulent events.
The Advertiser agrees to notify Joltify as soon as possible of any quality anomaly. No dispute relating to fraud will be accepted more than 30 days after the date of the relevant invoice.
Each party retains full ownership of its intellectual property rights over its own elements. The Advertiser grants Joltify a non-exclusive licence to use the creatives, visuals and brand elements provided, for the exclusive purposes of the ordered campaign.
The methods, tools and know-how developed by Joltify remain its exclusive property and may not be assigned or reproduced without prior written agreement.
The Advertiser authorises Joltify to use its name and any other distinctive sign as a commercial reference, in press releases or reference lists intended for Joltify's prospects, unless the Advertiser objects in writing.
"Confidential Information" means all proprietary data and information disclosed by one party to the other, marked as "confidential" or "private", or whose confidential nature is reasonably apparent. Excluded are information that has entered the public domain without fault of the receiving party, or independently developed by that party.
Both parties agree not to use or disclose the other party's Confidential Information without prior written consent, except to perform the contract or as required by law. Upon termination, the parties shall promptly return or destroy all Confidential Information of the other party.
This confidentiality obligation applies throughout the term of the contract and for a period of 3 years after its end.
In the course of its services, Joltify may process personal data as a data processor within the meaning of the GDPR (EU 2016/679). The Advertiser, as data controller, undertakes to implement a GDPR-compliant privacy policy and to obtain the necessary consents.
The Advertiser agrees not to resell, market or transfer to third parties consumer data obtained through campaigns, without express written authorization from Joltify. The Advertiser will indemnify Joltify against any loss, liability or expense (including reasonable legal fees) resulting from a claim relating to the unlawful use of such data.
The parties may enter into a separate Data Processing Agreement (DPA) if the nature of the services so requires.
The Advertiser represents and warrants to Joltify that: (i) it is the owner of each designated mobile application, or is legally authorized to act on behalf of the owner; (ii) it has all rights, powers and authorities necessary to enter into this agreement.
The Advertiser further warrants that each of its mobile applications and all associated materials: (a) comply with all applicable laws and regulations; (b) do not infringe intellectual property, publicity or privacy rights of third parties; (c) do not contain hate content.
The services are provided "as is", without warranty of any kind, express or implied. Joltify does not warrant that the service will be uninterrupted, error-free or virus-free. The Advertiser assumes all risks in connection with its use of the service.
Joltify undertakes to use all reasonable means to achieve the jointly defined performance objectives. However, results being subject to external factors, Joltify cannot guarantee a specific level of performance.
In no event shall Joltify's total liability exceed 50% of the net amount paid by the Advertiser to Joltify during the three (3) months immediately preceding the date of the relevant claim.
Joltify shall not be liable for indirect damages, loss of revenue, data loss, loss of profits, special or consequential damages suffered by the Advertiser, even if Joltify has been informed of the possibility of such damages.
Services are concluded for the duration defined in the IO. Where no duration is specified, the relationship is established for an indefinite period, terminable by either party with a minimum notice of 30 calendar days in writing.
Joltify may immediately terminate or suspend access to the service, without notice or liability, if the Advertiser breaches any term of this agreement. Termination does not release the Advertiser from payment for services already performed. Upon termination, the Advertiser will remove all Joltify codes from its mobile properties.
In the event of a material breach, the other party may terminate the agreement by operation of law after a notice of breach has remained without effect for 15 days.
Without prior written agreement from Joltify, the Advertiser agrees not to solicit, poach, hire or retain (including as a consultant) any employee or contractor of Joltify, directly or indirectly, during the term of the agreement and for 24 months after its end.
In the event of a breach of this clause, the Advertiser agrees to pay Joltify an indemnity equal to 36 months of the last gross remuneration received by the employee or contractor concerned.
Neither party shall be held liable for a failure to fulfil its obligations resulting from a force majeure event, including in particular: pandemic, natural disaster, large-scale cyberattack, governmental decision, Internet outage, equipment or power failure, act of terrorism, strike, embargo, or any condition beyond the reasonable control of the affected party.
The affected party must notify the other as soon as possible. If force majeure persists beyond 30 days, either party may terminate the agreement without indemnity.
Joltify reserves the right to amend these T&Cs at any time, with 30 days' notice. In the absence of written objection within this period, the new T&Cs shall be deemed accepted. In the event of objection, the parties shall attempt to reach an amicable agreement, failing which either party may terminate the agreement.
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements relating to its subject matter. Any modification must be in writing signed by both parties.
If any provision of this agreement is found to be unenforceable or invalid, it shall be limited or removed to the minimum extent necessary for the agreement to remain in full force and effect.
Failure by either party to exercise any right under this agreement shall not constitute a waiver of that right. This agreement is not assignable, transferable or sublicensable by the Advertiser without prior written consent from Joltify. No partnership, joint venture, employment relationship or agency is created by this agreement.
These T&Cs are governed by French law. In the event of a dispute relating to their interpretation or performance, the parties agree to seek an amicable resolution within 30 days of notification of the dispute.
In the absence of an amicable resolution, any dispute shall be submitted to the exclusive jurisdiction of the courts of the registered office of Joltify, even in the case of multiple defendants or third-party proceedings.
Performance-based mobile acquisition
18th, Shipchenski prohod Blvd, Block A, floor 3 – Sofia, 1113, Bulgaria
Email: christophe.pottier@gojoltify.com
T&Cs — Version March 2026 — All rights reserved