These Terms of Service are the general rules that govern your access to and use of the eFind Services. They apply to everyone who uses the Services, and they sit above our product-specific agreements, filling in the terms that are common to all of them. Please read them carefully, because by using the Services you agree to be bound by them.
These Terms of Service establish the baseline legal relationship between eFind and everyone who uses the Services. Rather than repeat the same general provisions in every agreement, the Trust Framework gathers them here so they can be stated once, clearly, and consistently. The Advertiser Agreement and the Publisher Agreement build on these Terms with the details that are specific to advertising and to publishing. Where a product-specific agreement addresses a topic, that agreement controls for its own subject matter, and these Terms fill in everything else.
Our goal is to keep the platform safe, fair, and trustworthy for advertisers, publishers, and the people who see the advertising we deliver. These Terms describe what you can expect from us, what we expect from you, and how we handle the situations that arise when people share a platform: accounts, security, acceptable use, intellectual property, disclaimers, liability, and how disagreements are resolved.
These Terms apply to the eFind Ads advertising platform and to every other product, service, website, application, API, and feature that eFind makes available and that references or incorporates the Trust Framework. This includes current products and future products such as Search, Shopping, Commerce, analytics, payment, mobile, voice, connected-device, and AI-powered offerings. Together these are the Services.
These Terms apply whether you access the Services through a browser, a mobile application, an API, or any other means, and whether you pay for the Services or use a free or trial feature. They apply to the public-facing pages of our websites, to signed-in areas of the Services, and to any interaction you have with the Services, including simply viewing an Advertisement we deliver.
These Terms apply to Advertisers, Publishers, developers, business customers, Authorized Users, prospective customers, and any other person or organization that accesses or uses the Services. In these Terms, “you” and “your” refer to the person or organization using the Services, and “eFind,” “we,” “us,” and “our” refer to eFind and its affiliates. If you use the Services on behalf of an organization, these Terms apply to that organization, and references to “you” include it.
Capitalized terms used in this document, such as Advertiser, Publisher, Account, Authorized User, Content, Services, and Personal Information, have the meanings given in the Master Definitions. Where this document uses a term that has a special meaning only here, it defines that term where it is first used. In these Terms, “Agreement” means these Terms together with any product-specific agreement, order, addendum, and Policy that applies to your use of the Services.
You accept these Terms when you do any of the following: create an Account; click a button or check a box indicating that you accept them; sign an order or agreement that references them; or access or use any part of the Services. If you do not agree to these Terms, you may not access or use the Services.
These Terms form a binding contract between you and eFind LLC (“eFind”). They apply together with any product-specific agreement you enter into and any Policy that applies to your activity. If you have not entered into a separate agreement with us, these Terms alone govern your use of the Services. If you have, these Terms and that agreement operate together as described in the order-of-precedence section below.
If you are just browsing our public website or viewing an Advertisement we deliver, these Terms still apply to that activity, but you are not required to have an Account. An Account is needed to advertise, to publish, or to use the parts of the Services that require sign-in.
To use the Services, you must be at least eighteen years old or the age of majority in the place where you live, whichever is greater, and you must have the legal capacity to enter into a binding contract. The Services are intended for businesses and adults, and they are not directed to children. We do not knowingly allow anyone below the required age to hold an Account.
If you accept these Terms on behalf of a company, agency, or other organization, you represent that you are authorized to bind that organization to these Terms, that you have provided accurate information about it, and that the organization agrees to be responsible for all activity under its Account. If you do not have that authority, you may not accept these Terms or use the Services on the organization's behalf.
We may decline to offer the Services to anyone, and we may require Business Verification before or after you begin using the Services. You agree to provide accurate, current, and complete information when you register and to keep it up to date. We may verify the information you give us and may suspend or close an Account if the information is false, misleading, or cannot be verified, or if we are prohibited by Applicable Law from providing the Services to you.
These Terms are the general foundation of your relationship with eFind. Layered on top of them are agreements and Policies that are specific to the way you use the Services.
The product-specific agreements and the Policies that apply to your use of the Services are incorporated into these Terms by reference. That means they are part of your Agreement with us, and you agree to follow them as if they were written out here in full. We encourage you to read the ones that apply to what you do.
Because several documents can apply at once, we need a clear rule for what wins if they ever conflict. Unless a document says otherwise, the following order applies, from highest priority to lowest, but only to the extent of the conflict and only for the subject matter that the higher document governs:
The Privacy Policy and the privacy notices control for how we handle Personal Information, and the Data Processing Addendum controls where it applies to Processing carried out on your behalf. If a specific document is silent on a topic, the next document in the order fills the gap rather than creating a conflict. A more specific provision prevails over a more general one on the same topic.
Certain parts of the Services require an Account. When you create one, you must provide accurate and complete information and keep it current, including contact, business, and Payment details. You are responsible for everything that happens under your Account, whether or not you authorized it, unless the activity resulted from our failure to meet our own security obligations.
You may permit your employees, agents, and contractors to access the Services as Authorized Users on your behalf. You are responsible for your Authorized Users, for making sure they comply with the Agreement, and for their acts and omissions as if they were your own. You must promptly deactivate access for any Authorized User who should no longer have it. Each Authorized User must use their own credentials and must not share them.
You are responsible for keeping your credentials confidential and for using reasonable measures to protect your Account, including strong, unique passwords and, where offered, multi-factor authentication. You agree to notify us promptly if you suspect any unauthorized access to or use of your Account. We may require you to take specific security steps and may suspend access if we reasonably believe your Account has been compromised. Our own security practices are described in the Security Policy.
Do not share your password, and do not let anyone use your Account who is not an Authorized User. If you believe your credentials have been lost or stolen, contact us right away at support@efind.com or 1-214-444-8126 so we can help you secure your Account.
You may use the Services only for lawful purposes and in accordance with the Agreement. The detailed rules for what you may and may not do are set out in the Acceptable Use Policy, which is part of these Terms. At a minimum, you agree that you will not do any of the following:
We may investigate suspected violations and may take any action we consider appropriate, including removing Content, limiting features, and suspending or terminating access, as described in the sections on suspension and termination below.
We provide the Services on the terms of the Agreement and grant you the limited right to use them described below. We work to keep the Services available and to improve them over time, but the Services are provided on an as-available basis, and we do not promise that they will always be uninterrupted or error-free.
The Services evolve. We may add, change, improve, or remove features; adjust technical requirements; and update how the Services work. We may also introduce new products and retire older ones. When a change is significant and adverse to how you use a paid feature, we will provide reasonable advance notice where we can, consistent with the notice terms below and any commitment in a product-specific agreement.
We may discontinue the Services or any part of them. If we discontinue a paid feature that you rely on, we will give you reasonable notice where practicable and will handle any prepaid, unused amounts as described in the applicable agreement. Nothing in this section limits our ability to make changes that are required by law or that are necessary to protect the security or integrity of the Services or the safety of Users.
From time to time we may offer features that are labeled beta, preview, trial, or similar. Those features are provided for evaluation, may change or be withdrawn at any time, and are offered without warranties or service commitments. You use them at your own discretion.
Some Services are paid and some are free. Where the Services are paid, the amounts, Billing cycles, Payment methods, and Taxes are set out in the product-specific agreement that applies to you and in any order you accept. For advertising, the Advertiser Agreement describes charges, Billing, and Payment. For publishing, the Publisher Agreement describes Revenue Share and how earnings are calculated and paid.
You agree to pay all amounts you owe when they are due, using a valid Payment method, and to keep your Payment information accurate. Unless the applicable agreement says otherwise, amounts are exclusive of Taxes, and you are responsible for Taxes other than taxes based on eFind's net income. If any amount is overdue, we may suspend the Services and pursue collection as the applicable agreement allows. This section states the general rule; the product-specific agreement controls the details.
The Services, including the software, technology, designs, text, graphics, interfaces, Documentation, and the eFind name and logos, are owned by eFind or its licensors and are protected by Intellectual Property Rights. Except for the limited license described below, nothing in the Agreement transfers any ownership or grants you any right in the Services, our Trademarks, or our other Intellectual Property Rights.
Subject to your compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term of the Agreement. This license is only as broad as the Services and the applicable agreement allow. You may not use the Services beyond the scope of this license, and any use outside it is a breach of the Agreement and may infringe our rights.
You keep ownership of the Content you submit through the Services, including your Advertiser Content or Publisher Content. To operate the Services, we need permission to use that Content. You grant eFind a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt for technical purposes, display, and transmit your Content, and to do the acts reasonably necessary to provide, secure, measure, and improve the Services and to deliver your Content as you direct. This license lasts as long as we need it to provide the Services and to meet our legal and record-keeping obligations, and it extends to our Sub-processors and service providers to the extent they help us provide the Services.
You represent that you have all rights necessary to submit your Content and to grant this license, and that your Content and our authorized use of it will not infringe the rights of any third party or violate Applicable Law or the Policies. We do not claim ownership of your Content, and except as needed to run the Services or as required by law, we will not use it for unrelated purposes.
All rights not expressly granted in the Agreement are reserved by eFind and its licensors. No license or right is granted by implication, estoppel, or otherwise. You may not remove, obscure, or alter any proprietary notices in the Services.
The Services may link to, integrate with, or rely on content, websites, products, or services provided by third parties, including Advertiser Content, Publisher Content, Landing Pages, measurement partners, payment processors, and other tools. We do not control third-party content and services, and we are not responsible for them. Your use of a third-party service is governed by that third party's terms and privacy practices, not ours, and any dealings you have with a third party are between you and that third party.
When you use a third-party service in connection with the Services, you are responsible for complying with that third party's terms and for any authorizations required. We may stop supporting a third-party integration at any time. The presence of a link or integration is not an endorsement.
We welcome your Feedback. If you send us suggestions, ideas, or other input about the Services, you grant eFind a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use that Feedback for any purpose, including improving and building products, without any obligation to you. Feedback is given voluntarily, and you are not required to provide it. You should not send us anything you consider confidential unless we have agreed in writing to treat it as Confidential Information.
Protecting Personal Information is central to how we operate. The Privacy Policy explains what Personal Information we collect, how we use and share it, and the choices and rights available to individuals. Region-specific notices, including the California Privacy Notice and the GDPR Privacy Notice, provide additional detail where they apply. The Cookie Policy describes our use of Cookies and similar technologies. Where we Process Personal Information on your behalf, the Data Processing Addendum applies. By using the Services, you acknowledge these documents and agree to handle any Personal Information you receive through the Services in accordance with Applicable Law and the Agreement.
In using the Services, each party may receive Confidential Information of the other. The receiving party agrees to use the disclosing party's Confidential Information only to exercise its rights and perform its obligations under the Agreement, to protect it with at least the same care it uses for its own confidential information of similar importance, and not to disclose it except to its personnel, advisors, and service providers who need it and who are bound by confidentiality obligations at least as protective as these.
Confidential Information does not include information that is or becomes public without breach of the Agreement, that the receiving party already knew without a duty of confidence, that it independently develops, or that it lawfully receives from a third party free to disclose it. A party may disclose Confidential Information if required by law or legal process, provided that, where allowed, it gives reasonable notice so the other party can seek protection. These confidentiality obligations continue for as long as the information remains confidential.
We take pride in the quality of the Services and we work hard to make them reliable and secure. At the same time, no online service can be guaranteed to be perfect, and the law requires us to be clear about what we do and do not promise. Please read this section carefully.
THE SERVICES, INCLUDING ALL CONTENT, FEATURES, AND MATERIALS MADE AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFIND DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
EFIND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT ANY RESULTS, METRICS, OR OUTCOMES WILL BE ACHIEVED. WE DO NOT GUARANTEE ANY LEVEL OF ADVERTISING PERFORMANCE, REVENUE, TRAFFIC, IMPRESSIONS, CLICKS, OR CONVERSIONS. ANY ESTIMATES, FORECASTS, OR RECOMMENDATIONS WE PROVIDE ARE FOR PLANNING ONLY AND ARE NOT PROMISES OF RESULTS.
EFIND IS NOT RESPONSIBLE FOR CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISER CONTENT, PUBLISHER CONTENT, LANDING PAGES, AND THIRD-PARTY SERVICES, AND MAKES NO WARRANTY REGARDING THEM. YOU ARE RESPONSIBLE FOR EVALUATING, AND FOR ANY RELIANCE ON, THE SERVICES AND ANY THIRD-PARTY MATERIALS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you. In that case, the warranties are limited to the shortest period and the narrowest scope permitted by Applicable Law. Nothing in these Terms excludes or limits any right or protection you have that cannot be excluded or limited by law.
This section allocates the risks between you and eFind. It is a fundamental part of the bargain, and our pricing reflects it. Please read it carefully.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFIND AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICES OR THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT EFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF EFIND AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID OR THAT WERE PAYABLE TO YOU UNDER THE APPLICABLE AGREEMENT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS.
THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you; in that case, our liability is limited to the smallest amount permitted by Applicable Law. Nothing in this section limits liability that cannot be limited by law, including, where applicable, liability for fraud, for death or personal injury caused by negligence, or for a party's willful misconduct.
You agree to defend, indemnify, and hold harmless eFind and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claims, demands, actions, and proceedings, and any resulting losses, damages, liabilities, costs, and expenses, including reasonable legal fees, that arise out of or relate to: (a) your Content, including any claim that it infringes Intellectual Property Rights or violates Applicable Law; (b) your use of the Services in breach of the Agreement or the Policies; (c) your violation of Applicable Law or the rights of a third party; or (d) the acts or omissions of your Authorized Users.
We will promptly notify you of any claim for which we seek indemnification, give you reasonable control of the defense and settlement, and cooperate with you at your expense. You may not settle any claim in a way that imposes any obligation or liability on eFind, or admits fault on our behalf, without our prior written consent. We may participate in the defense with our own counsel at our own expense. This section does not limit any other remedy we may have.
These Terms apply from the moment you first access or use the Services and continue for as long as you use them or hold an Account, unless terminated as described here or in a product-specific agreement.
We may suspend or limit your access to all or part of the Services, immediately and without prior notice where necessary, if we reasonably believe that: you have breached the Agreement or the Policies; your Account is being used for Fraud, Invalid Traffic, or other prohibited activity; your Account has been compromised or presents a security risk; suspension is needed to protect the Services, other users, or the public; or suspension is required by Applicable Law or a request from a governmental authority. Where practicable and lawful, we will tell you why and give you an opportunity to address the issue. We may lift a suspension once the underlying issue is resolved.
You may stop using the Services at any time and may close your Account through the Services or by contacting us. If a product-specific agreement sets out a process or notice period for termination, that process applies to that agreement.
We may terminate these Terms or your access to the Services, in whole or in part, for convenience on reasonable notice, or immediately if you materially breach the Agreement and do not cure the breach within a reasonable period after we notify you, or immediately if the breach cannot be cured, if you engage in Fraud or other serious misconduct, or if we are required to do so by Applicable Law.
When these Terms or your access ends, your right to use the affected Services stops, and any licenses granted to you for those Services end. We may deactivate or delete your Account and your Content in accordance with our data-retention practices and Applicable Law, subject to any different rule in a product-specific agreement. Amounts owed at termination remain payable, and any prepaid, unused amounts are handled as the applicable agreement provides. Sections that by their nature should survive termination, including provisions on intellectual property, Feedback, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and the miscellaneous provisions, will survive.
Most concerns can be resolved quickly if we talk. Before starting formal proceedings, you agree to contact us at support@efind.com and describe the dispute in enough detail for us to understand and try to resolve it. We will do the same before bringing a claim against you. The parties agree to work in good faith to resolve the dispute for at least thirty days after that notice. This informal step is a condition to starting formal proceedings, except that either party may seek urgent injunctive or equitable relief at any time to protect its Intellectual Property Rights, Confidential Information, or the security of the Services.
If a dispute is not resolved informally, it will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and each party consents to the personal jurisdiction of those courts and waives any objection to venue there, to the extent permitted by Applicable Law. This venue provision does not deprive you of the protection of any mandatory consumer laws of your place of residence where those laws apply and cannot be waived.
To the extent permitted by Applicable Law, any claim arising out of or relating to the Services or the Agreement must be brought within one year after the claim arises, or it is permanently barred.
These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, where applicable, by the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where Applicable Law requires a different governing law for a particular user or claim that cannot be waived, that requirement is respected to the minimum extent the law demands.
We may update these Terms from time to time to reflect changes in the Services, in our practices, or in the law. When we make changes, we will post the updated Terms, and we will give notice of material changes by a reasonable method, which may include email, a notice within the Services, or a prominent notice on our website.
Material changes take effect no sooner than thirty days after we provide notice, so you have time to review them, except that changes required by Applicable Law or needed to address a security risk or protect the Services or Users may take effect immediately. If you do not agree to a change, your remedy is to stop using the affected Services and, where applicable, close your Account before the change takes effect. By continuing to use the Services after a change becomes effective, you accept the updated Terms.
Product-specific agreements may set their own notice periods for changes. Where they do, that period applies to that agreement. This section governs changes to these general Terms.
You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you. Subject to this section, these Terms bind and benefit the parties and their permitted successors and assigns.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force and effect. The parties intend that the essential purpose of the affected provision be given effect to the greatest extent the law allows.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. A waiver is effective only if it is in writing and signed by an authorized representative, and it applies only to the specific situation for which it is given.
These Terms, together with the product-specific agreements, orders, Policies, and other documents incorporated by reference, are the entire agreement between you and eFind about the Services and replace any prior or contemporaneous agreements, understandings, or communications on the same subject. Except as expressly stated, no oral or written statement outside the Agreement is part of it.
We may give you notices by email to the address associated with your Account, by posting within the Services, or by any other reasonable method. You are responsible for keeping your contact information current. You may send us formal legal notices to eFind LLC, Office of Trust and Legal, at 2451 West Grapevine Mills Circle, Suite 324, Grapevine, TX 76051, United States, with a copy to support@efind.com. Notices are effective when delivered.
Neither party is liable for any delay or failure to perform, other than payment obligations, that results from a Force Majeure event. The affected party will make reasonable efforts to resume performance as soon as practicable. If a Force Majeure event continues for an extended period, either party may terminate the affected Services on notice, subject to any different rule in a product-specific agreement.
These Terms are for the benefit of you and eFind only. Except for the eFind affiliates and other indemnified parties named in the sections on disclaimers, limitation of liability, and indemnification, they do not create any rights for any third party.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship, and neither party may bind the other or make commitments on its behalf.
You must comply with all export-control, import, and economic-sanctions laws that apply to your use of the Services. You represent that you are not located in, and will not use the Services in or for the benefit of, any country or party subject to comprehensive sanctions, and that you are not on any government list of restricted or prohibited parties. You may not use the Services for any purpose prohibited by these laws, including the development of weapons.
These Terms are written in English, and any translation is provided for convenience only; the English version controls. Headings are for reference only and do not affect interpretation. The words “includes” and “including” mean without limitation.
If you have questions about these Terms or the Services, you can reach us at:
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