Effective Date: September 2026
This document is written in English. The English language version of these Terms of Service is the sole legally binding agreement between you and AdSwap. Any translations provided by browsers or third parties are strictly for convenience and hold no legal validity.
AdSwap operates strictly as a neutral technical infrastructure and "Hosting Provider" in accordance with Article 14 of the EU e-Commerce Directive (implemented in Italy via D.Lgs. 70/2003), Section 230 of the US Communications Decency Act (47 U.S.C. ยง 230), and the EU Digital Services Act (Regulation EU 2022/2065).
We store and transmit promotional content solely at the request of the advertiser, who remains the sole entity legally, civilly, and criminally responsible for the content and the promoted destination. Pursuant to Article 6 of the DSA (Voluntary own-initiative investigations), AdSwap employs automated Artificial Intelligence and community reporting to detect systemic abuse. Conducting these good-faith moderation checks does not defeat our neutral intermediary status, nor does it imply editorial control or constructive knowledge of illicit activities.
AdSwap utilizes a dual economy: a free credit-based Exchange Network and a Fiat-based Paid Network. Credits hold no real-world fiat currency value, cannot be cashed out, and represent strictly an internal access right.
For paid campaigns and PRO subscriptions, all financial transactions, order processing, refunds, chargebacks, and global tax compliance (including VAT/Sales Tax) are managed entirely by our Merchant of Record, Lemon Squeezy. AdSwap does not collect or process payment instruments. By executing a transaction, you agree to Lemon Squeezy's Terms of Service. Any request for a refund of an unused fiat balance must be processed through Lemon Squeezy and is subject strictly to their dispute and refund policies. AdSwap holds no direct financial liability for payment processing errors or tax remittance.
Advertisers are strictly prohibited from uploading content that violates local, national, or international laws. Attempting to bypass moderation or distribute the following will result in permanent account termination, IP ban, and forfeiture of all balances:
You assume full, exclusive legal and financial liability for all text, images, destination URLs, and creative assets you submit. By submitting an ad, you warrant that you possess all necessary licenses, copyrights, and regulatory approvals for the promoted product in all globally targeted jurisdictions.
You agree to fully defend, indemnify, and hold harmless AdSwap, its founders, developers, operators, and affiliates from any third-party claims, lawsuits, statutory fines, regulatory actions (e.g., from FTC, AGCOM, Consob), or damages arising directly or indirectly from your promotional materials or your breach of these Terms.
In accordance with Article 16 of the Digital Services Act and D.Lgs. 70/2003, AdSwap acts expeditiously to remove or disable access to illegal content upon obtaining actual knowledge. If you identify an ad that infringes IP or violates laws, use our in-app reporting mechanism or contact support. Upon receiving a sufficiently substantiated notice, our threshold systems will automatically pause the flagged creative pending investigation.
AdSwap reserves the absolute right to pause, reject, or delete any ad creative, and to suspend or terminate any account at its sole discretion, with or without prior notice, to protect network integrity. The AdSwap service is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind regarding specific conversion rates, fill rates, or uninterrupted uptime.
To the maximum extent permitted by applicable law, AdSwap and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the platform, network outages, or the actions of third-party publishers.
Important limitation under Italian Law:
In compliance with Article 1229 of the Italian Civil Code, nothing in these Terms shall exclude or limit AdSwap's liability solely in cases of willful misconduct (dolo) or gross negligence (colpa grave) directly attributable to AdSwap.
These Terms shall be governed by and construed in accordance with the substantive laws of Italy. Any disputes, claims, or controversies arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent Court of Turin (Tribunale di Torino, Italy).
Explicit Approval of Vexatious Clauses
By registering an account on AdSwap, you explicitly acknowledge and specifically approve, pursuant to Articles 1341 and 1342 of the Italian Civil Code (Clausole Vessatorie), the following sections of these Terms: Section 1 (Hosting Provider Status), Section 2 (Lemon Squeezy limitation of financial liability), Section 4 (Full Indemnification), Section 6 (Account Termination), Section 7 (Limitation of Liability & Art. 1229 CC), and Section 8 (Exclusive Jurisdiction of the Court of Turin).