Last Updated: September 23, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you") and SpotlightIQ, LLC, an Ohio Limited Liability Company, d/b/a SpotlightIQ ("SpotlightIQ," "we," "us," or "our"). These Terms govern your access to and use of the SpotlightIQ digital video advertising platform, initially focused on Connected TV ("CTV"), and all related software, services, and reporting (collectively, the "Services").
By creating an account, executing an order form that references these Terms, or by accessing or using the Services in any way, you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.
SpotlightIQ provides a self-service platform for planning, launching, and measuring digital video advertising campaigns. Customer may use the Services to upload advertising content, define campaign parameters, and purchase advertising inventory made available through the platform.
Customer must provide accurate, current, and complete information during the registration process and keep its account information updated. Customer is responsible for safeguarding its account password and for all activities that occur under its account.
Customer acknowledges and agrees that SpotlightIQ personnel may access Customer's account and Customer Content for the sole purposes of providing support, maintenance, and other Services-related assistance as requested by the Customer. SpotlightIQ will maintain administrative and technical safeguards to restrict such access, including prohibiting personnel from accessing Customer's billing and payment information through such means.
The Services operate on a prepaid basis. Customer must deposit funds into a non-interest-bearing "Working Capital Account" prior to launching any advertising campaigns. The total funds in the Working Capital Account must be sufficient to cover the total estimated budget of all anticipated campaigns.
Funds may be added to the Working Capital Account via Automated Clearing House (ACH) or credit card. SpotlightIQ reserves the right to impose limits on credit card transactions. No campaign will be permitted to launch until the associated funds have fully cleared and have been received by SpotlightIQ.
When Customer submits a campaign for approval through the Services, the total budget for that campaign will be considered "Booked" and reserved against the Working Capital Account balance. Upon final approval of the campaign by the Customer, those funds will be considered "Locked." Locked funds are irrevocably committed to the campaign and are non-refundable except as expressly stated in Section 4.5.
Customer is solely responsible for maintaining a sufficient balance in its Working Capital Account to cover all Booked and Locked campaign costs. SpotlightIQ has no obligation to launch any campaign for which funds are not fully available in the Working Capital Account. If an active campaign depletes the account balance, SpotlightIQ reserves the right to immediately pause or terminate the campaign without notice.
Upon termination of Customer's account, any unused funds in the Working Capital Account that are not Locked will be refunded to the Customer within a reasonable time frame. The refunded amount will be net of (a) any prorated transaction fees incurred by SpotlightIQ for the initial deposit (e.g., credit card processing fees), and (b) any outstanding costs for advertising impressions that have been served but not yet deducted from the account.
Customer is solely responsible for all advertising content, targeting parameters, and data that it uploads, submits, syncs, or otherwise makes available through the Services ("Customer Content"). This includes, but is not limited to, video and image creatives, lists of target companies or individuals (e.g., via CSV upload), and any data synced from a third-party platform such as a Customer Relationship Management (CRM) service. Customer represents and warrants that it owns or has all necessary licenses, rights, consents, and permissions to use and to authorize SpotlightIQ to use the Customer Content for the purpose of providing the Services.
Customer agrees not to submit any Customer Content that promotes or facilitates gambling, firearms, cryptocurrency, misleading claims, or infringes on any third-party intellectual property rights.
Certain categories of Customer Content, including political, alcohol, or tobacco advertising, may be permitted but are subject to additional review by SpotlightIQ and must comply with all applicable laws and regulations.
SpotlightIQ reserves the right to review, reject, or remove any Customer Content for any reason at our sole discretion.
By connecting a CRM or uploading data, you grant SpotlightIQ permission to access and process this data to provide the Services. You are solely responsible for ensuring you have the right to use such data for advertising. Upon termination, SpotlightIQ will cease access to your CRM and delete uploaded data in accordance with our data retention policy.
SpotlightIQ and its licensors exclusively own all right, title, and interest in and to the Services.
Customer retains all ownership rights to its Customer Content. Customer grants SpotlightIQ a limited, worldwide, royalty-free license to use, reproduce, and display the Customer Content solely to operate the Services and run campaigns.
SpotlightIQ may use services from third-party artificial intelligence platforms ("AI Platforms") to provide certain features within the Services, such as campaign analysis. Future versions of the Services may incorporate features that assist with content generation. You are responsible for reviewing and approving any output generated by AI Platforms ("AI Content") before use. SpotlightIQ makes no warranties about the accuracy or reliability of AI Content.
SpotlightIQ may make available to Customer certain pixel tags or other measurement code ("Pixels"), which may be sourced from SpotlightIQ or its third-party partners. These Pixels are designed to be placed on Customer's website(s) to facilitate the measurement of advertising campaign performance and user engagement.
If Customer chooses to implement any Pixels, Customer is solely responsible for the correct placement, implementation, and ongoing maintenance of such Pixels on its website(s). SpotlightIQ is not responsible for any errors in measurement or campaign performance resulting from improper implementation by the Customer.
Customer represents and warrants that it will provide all necessary notices and disclosures to its website visitors regarding the use of such Pixels. Customer further warrants that it will obtain all necessary consents from its website visitors required by applicable privacy and data protection laws (including, but not limited to, the CCPA) before placing or enabling the Pixels on its website(s).
All Pixels and measurement services are provided "AS IS." SpotlightIQ disclaims any liability for the performance of the Pixels or any issues arising from their use on Customer's website(s).
Each party agrees to treat the other's Confidential Information with the same degree of care as it uses for its own and to not disclose it to any third party, except as required by law or to perform its obligations under these Terms.
These Terms will remain in effect until terminated by either party. Upon termination, your right to use the Services will immediately cease, and any outstanding payment obligations will become due.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SPOTLIGHTIQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTLIGHTIQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.
You agree to indemnify and hold harmless SpotlightIQ and its officers, directors, and employees from any claim or demand arising out of your breach of these Terms or your use of the Services, including any claims related to your Customer Content.
These Terms constitute the entire agreement between you and SpotlightIQ. These Terms and any related action will be governed by the laws of the State of Ohio. All claims arising from these Terms will be litigated exclusively in the federal or state courts of Cuyahoga County, Ohio.