Laybell Advertiser Terms and Advertising Policy

1. About These Advertiser Terms

These Advertiser Terms and Advertising Policy (the "Advertiser Terms") apply to anyone who creates, submits, runs, manages, or pays for advertising or paid promotion through Laybell, including campaigns created with our self-serve Ad Manager and posts boosted through Spotlight. If you do any of these things, you are an "Advertiser," and "you" and "your" in these Advertiser Terms refer to you in that capacity.

These Advertiser Terms are a supplement to, and are governed by, the Laybell Terms of Service (the "Terms") and the Laybell Privacy Policy. Capitalized terms that are not defined here have the meanings given to them in the Terms, including "Laybell," "we," "us" (Laybell LLC, a Maryland limited liability company), the "Service," "Content," "User Content," and "Audio Content." By creating, submitting, or running any ad or paid promotion, you accept these Advertiser Terms in addition to the Terms and the Privacy Policy.

These Advertiser Terms are supplemental terms for advertising and paid promotion. As provided in Section 1 of the Terms, where these Advertiser Terms conflict with the Terms on an advertising matter, these Advertiser Terms control for that matter; on all other matters the Terms control. The Terms already address Paid Services, billing status, and advertiser obligations; these Advertiser Terms expand on those provisions and do not replace them.

How You Accept These Advertiser Terms

You accept these Advertiser Terms by creating, submitting, or running any Campaign and, where the Service presents an in-app acknowledgment, by clicking to accept the advertising policy. Where you provide that in-app acknowledgment, we record the acceptance with a timestamp, and that record is the operative evidence of your acceptance for the version of these Advertiser Terms then in effect.

Defined Terms Used Here

"Ad Creative" has the meaning given to it in Section 5 of the Terms, where it is defined as your ad and Spotlight creatives and is a sub-type of User Content. As used here, Ad Creative includes any advertising content you create or submit, including the image, video, audio, headline, body text, call-to-action, advertiser or business name, and any music, trademarks, logos, or other material embodied in it. This description supplements, and does not narrow, the definition in the Terms. Ad Creative is User Content, and any audio embodied in it is Audio Content, as defined in the Terms; it is subject to the licenses you grant in Sections 5 and 6 of the Terms and to the Acceptable Use Policy. "Destination" means any landing page, website, profile, app listing, deep link, or other location a user reaches by tapping or interacting with your ad. "Campaign" means an Ad Manager campaign or a Spotlight promotion. "Campaign" and "Destination" are defined here for the first time and are not carried over from the Terms; "Ad Manager" and "Spotlight" have the meanings given in the Terms.

2. Advertiser Eligibility

To create or run a Campaign, you must be at least 18 years old. Advertising and paid-promotion features are not available to users we know to be under 18, and you may not run a Campaign on behalf of, or at the direction of, anyone under 18 in order to evade this rule.

If you create or run a Campaign on behalf of a company, agency, brand, or other organization, you represent and warrant that you are authorized to act for that organization and to bind it to these Advertiser Terms, that the organization is the "Advertiser" for purposes of these Advertiser Terms, and that you and the organization are jointly and severally responsible for the Campaign. You must accurately identify yourself and, where applicable, the organization and the brand being advertised, and you may not impersonate or misrepresent your identity or affiliation.

You represent and warrant that you and your Campaigns comply, and will comply, with all applicable laws and regulations and with all Laybell policies, including these Advertiser Terms, the Terms (including the Acceptable Use Policy), and the Privacy Policy. You are responsible for understanding and complying with the laws that apply to you and to what you advertise, including in every jurisdiction where your ad may be shown.

You further represent and warrant that neither you nor any organization or brand on whose behalf you act is located in, organized under the laws of, or ordinarily resident in a country or region subject to U.S. embargo or comprehensive sanctions; is identified on any U.S. government restricted-party or sanctions list (including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List); or is otherwise prohibited from receiving the Service or transacting with us under U.S. export-control or sanctions law. This representation is in addition to, and consistent with, the export-control and sanctions provisions of the Terms.

3. Billing, Budgets, and Refunds

Ad Manager and Spotlight are paid for with Laybell Credits. You buy Credits through the Apple App Store or Google Play, and Apple or Google is the merchant of record for that purchase; Laybell does not collect or store payment-card numbers or banking details. Your campaign budget is deducted from your Credit balance when the campaign goes live, and delivery is metered against it server-side. A "paid" or "succeeded" status on a Campaign reflects an actual deduction from your balance.

Our server-side record of budget, spend, and delivery is authoritative. If you end a Campaign early, the portion of your budget that has not yet been spent is returned to your Credit balance; the portion already spent is not refunded, because the impressions were delivered. Spotlight is sold as a flat price for a fixed time window rather than metered per impression, so ending a live Spotlight early does not produce a refund; a Spotlight that has been purchased but not yet attached to a post can be cancelled for a full return of Credits. Credits returned to your balance remain Credits and are not redeemable for money.

If and When Real Billing Launches

The bullets below are provided for transparency only. They impose no obligation on you now and have no force unless and until we turn real billing on, after providing notice and obtaining any consent required, through new or updated terms that you affirmatively accept:

• Payment method. To the extent the Apple App Store Guidelines or the Google Play Payments Policy require platform billing for in-app digital purchases (including Ad Manager and Spotlight when consumed in-app), those purchases will be processed through Apple In-App Purchase or Google Play Billing, and the platform's payment, billing, tax, and refund terms will also apply and may govern. We may use a third-party card processor only for web or off-platform purchases where the platform rules permit; any such processor will be disclosed as a subprocessor in our Privacy Policy before real billing begins, and Laybell will not itself store full payment-card numbers.
• Currency and taxes. Prices and spend will be stated and charged in U.S. Dollars (USD). Applicable sales, use, VAT, GST, or similar taxes may be added and are your responsibility unless we state that a price is tax-inclusive.
• How spend accrues. An Ad Manager Campaign uses the campaign fields you set, which may include a total budget and a daily budget, together with your objective, placements, and schedule. It will charge your CPM bid for each qualifying, de-duplicated impression, subject to any daily budget cap, until your total budget is exhausted or the Campaign ends, at which point the Campaign automatically ends. Your own views of your Campaign are not billable. A Spotlight runs only for its purchased duration and then ends.
• One-time purchases; no auto-renewal. Current Campaigns are one-time purchases and do not automatically renew. Any future recurring or subscription billing would be introduced only under the opt-in, advance-notice, and click-to-cancel commitments described in the Terms (including any FTC Negative Option Rule and state automatic-renewal compliance), and only with terms you affirmatively accept.
• Non-refundability and cancellation. Once a Spotlight is live, or once any portion of an Ad Manager budget has been delivered, the delivered exposure or spend is non-refundable, even if you end the Campaign early, except where a refund is required by applicable law or platform policy. Consistent with the Terms, a paid Spotlight that has been purchased but not yet attached to a post (not yet live) may be cancelled and the charge reversed before it goes live. The cancellation and refund rules in the Terms govern, and these provisions are a summary of them. For purchases made through Apple or Google, refund requests are handled under the applicable platform's process, and any mandatory, non-waivable refund, withdrawal, or cooling-off rights you have as a consumer in the European Union, the United Kingdom, or another protected jurisdiction (as described in the Terms) survive.
• Authoritative measurement. Our server-side measurement of impressions, clicks, and spend is the authoritative record, subject to de-duplication and invalid-traffic filtering, and we may withhold, decline to bill, or reverse charges for impressions or activity we determine are invalid, fraudulent, or non-human. Any dispute over measurement or billing must be raised within 30 days of the relevant charge, and our records are conclusive absent manifest error. This dispute window becomes operative only when real billing launches.

4. Advertiser Responsibilities and Warranties

You are solely responsible for your Campaigns, your Ad Creative, and your Destinations. You make the following representations and warranties each time you create, submit, or run a Campaign.

Rights Clearance

You represent and warrant that you own or have secured all rights, licenses, consents, and permissions necessary to use and display your Ad Creative and everything embodied in it, including any music or audio, images, video, text, names, voices, likenesses, trademarks, logos, brands, and other intellectual property. Your Ad Creative and Destinations must not infringe or misappropriate any copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral right, or other right of any person.

Audio used in an ad is treated as Audio Content and is subject to the rights-clearance representations and warranties in the Terms. Any audio you place in a dedicated Ad Creative for an Ad Manager Campaign must be fully owned or cleared by you for advertising use specifically. The "use this song" feature grants only an in-Service license for Attributed Uses (such as posts, stories, reels, and slideshows) and does not grant you any right to use another user's Audio Content in dedicated Ad Creative. Audio that incorporates any other user's Audio Content, including via the "use this song" attribution feature, may not be placed in dedicated Ad Creative without separate clearance from all rights holders. Because a Spotlight boosts an existing in-Service post, a Spotlighted post that lawfully contains another user's song through an Attributed Use remains permissible; the independent-clearance requirement above applies to new, dedicated Ad Creative created in the Ad Manager.

Truthful, Lawful, Non-Deceptive Advertising

You represent and warrant that your Ad Creative, your claims and offers, and your Destinations are truthful, accurate, not deceptive or misleading, and lawful, and that they comply with all applicable advertising and consumer-protection laws and regulations, including the U.S. Federal Trade Commission Act and FTC guidance on truth in advertising, endorsements, and disclosures. You must have a reasonable basis and adequate substantiation for any objective or performance claim before you make it, and you must be able to provide that substantiation to us on request. Both your ad and the Destination it leads to must comply with these standards; you may not advertise one thing and deliver another (no bait-and-switch), and your Destination must function, must accurately reflect the ad, and must not contain prohibited content.

Your Destinations, and any page they redirect or link onward to, must not cloak, redirect, or funnel users to content or categories prohibited by these Advertiser Terms. You may not use cloaking, multi-hop redirects, lookalike or decoy creative, or other techniques to evade our review or to show users content different from what was approved. You may not alter your Ad Creative or Destination after approval in a manner that would cause it to violate these Advertiser Terms or to evade our review, and any such cloaking, redirect, or post-approval swap is itself a violation.

Required Disclosures

You must make all disclosures required by law and by Laybell policy, clearly and conspicuously. This includes disclosing material connections (for example, if content is sponsored or you have provided consideration for an endorsement) consistent with the FTC Endorsement Guides, disclosing the identity of the advertiser where required, and including any legally required terms, conditions, eligibility limits, or disclaimers for an offer. You may not disguise advertising as independent, editorial, or organic content. We label paid promotions (for example, as "Sponsored" or "Promoted"), but our labeling does not relieve you of your own disclosure obligations.

5. Prohibited Ad Content (Clean Ads Only)

Laybell allows clean ads only. Your Ad Creative, your Destinations, and the products, services, or activities you promote must not fall within any of the prohibited categories below. These standards apply regardless of where in the Service the ad appears (feed, reels, or audio) and apply both to your ad and to anything a user reaches through it. These categories are in addition to, not instead of, the Acceptable Use Policy in the Terms, which also applies to ads.

Advertising standards are stricter than the general content policy. Although Laybell permits mature, suggestive, and adult themes and tasteful or artistic nudity in ordinary User Content, ads may not contain any of that material. The prohibited categories below include, but are not limited to, the following.

• Illegal content. Anything illegal, or that promotes, facilitates, or instructs others in illegal conduct.
• Adult, sexual, and suggestive content. Pornography or sexually explicit content; nudity, including artistic or tasteful nudity that is permitted in ordinary User Content; sexually suggestive or mature or adult-themed content, even where such themes are permitted in ordinary User Content; adult or sexual content, products, or services; or anything intended primarily to be sexually gratifying. The advertising standard excludes suggestive and mature themes entirely; ads must remain clean.
• Alcohol. Alcoholic beverages, and the marketing, sale, or promotion of alcohol.
• Tobacco and vaping. Tobacco products, cigarettes, cigars, smokeless tobacco, e-cigarettes, vaping or vape products, e-liquids, and related accessories.
• Recreational and illegal drugs and paraphernalia. Recreational or illegal drugs, controlled substances, and drug paraphernalia, and the promotion or sale of any of them.
• Cannabis and related products. Cannabis, marijuana, THC, CBD, hemp-derived cannabinoids, and related products and accessories, regardless of any state-level or local legality.
• Pharmaceuticals, supplements, and health products. Prescription drugs and pharmaceuticals; controlled, recreational, or restricted substances regardless of local legality; nootropics; and unproven, unapproved, or unsubstantiated supplements, weight-loss products, or health products.
• Gambling and betting. Gambling, betting, wagering, lotteries, casinos, sports betting, and similar games of chance or money-staking activities.
• Weapons. Weapons, firearms, ammunition, firearm parts or accessories, explosives, and instructions for making any of them.
• Political and electoral ads. Political, electoral, campaign, ballot-measure, and issue-advocacy ads, including ads for or against candidates, parties, elected officials, or political causes.
• Regulated financial products and schemes. Cryptocurrency, digital-asset, binary-options, forex, and high-risk or speculative investment promotions; payday, short-term, or other predatory lending; multi-level-marketing or pyramid schemes; and unlicensed or unregistered financial, investment, or money services.
• Deceptive and fraudulent content. False, misleading, deceptive, or fraudulent claims; scams; get-rich-quick, guaranteed-income, or deceptive financial schemes; miracle or unsubstantiated health, cure, or weight-loss claims; and any unsubstantiated claim.
• Counterfeit and infringing goods. Counterfeit goods, replicas, or any product or content that infringes intellectual-property rights.
• Malware and deceptive functionality. Malware, spyware, viruses, or harmful code; phishing; and deceptive functionality, such as ads that mimic system or app interfaces, fake buttons or close icons, or that trick users into clicking or providing information.
• Hateful, harassing, violent, or shocking content. Hate speech; harassment, bullying, or intimidation; content promoting or inciting violence; and shock content, gore, or extreme or graphic violence.
• Content exploiting or targeting minors. Any content that exploits, sexualizes, endangers, or inappropriately targets minors, or that is otherwise unsuitable for or directed at children.

We may also prohibit or restrict additional categories, products, or claims at any time in our discretion, and may apply stricter standards to advertising than to ordinary User Content.

6. Targeting Limits

You may target your Campaign only using the targeting options Laybell makes available, and only as permitted here and in the Terms. We may add, change, restrict, or remove targeting options at any time.

• No targeting of minors. You may not direct ads to, or use targeted, behavioral, personalized, or profiling-based advertising with respect to, any user under 18. Users under 18 may receive only contextual ads. This is a binding platform-level rule; you must not attempt to reach minors with targeted advertising by any means.
• Permitted targeting options only. Targeting is limited to the options Laybell provides, which are age range, gender, music-genre affinity, and approximate location (coarse location, as described in the Privacy Policy). These options are applied only to adult users whose ad personalization is active. In the European Union, the European Economic Area, the United Kingdom, Switzerland, and other consent-required jurisdictions, that means only adults who have given opt-in consent (ad personalization is off by default there); elsewhere, it means adults who have not used the in-app control to limit ad targeting. You may not attempt to target by any attribute, signal, or method Laybell does not offer, and you may not combine, infer, or reverse-engineer signals to build profiles outside the provided options.
• Gender targeting requires consent. Gender-based targeting is applied only to adult users who have given any opt-in consent required by law or Laybell policy, and is never applied to minors. This consent requirement is not limited to any one region.
• No sensitive-category targeting. You may not target based on sensitive or special-category characteristics (such as race, ethnicity, religion, health, sexual orientation, or similar) or use the available options as a proxy for them, where such targeting is prohibited by law or Laybell policy.
• No discriminatory targeting or exclusion. You may not use targeting, or audience inclusion or exclusion, to discriminate unlawfully. In particular, you may not use age, gender, location, or any other attribute to target or exclude audiences for housing, employment, credit, or other opportunities in a manner prohibited by anti-discrimination law.
• Consent-based personalization. Ad personalization respects user consent and choices. In the European Union, the European Economic Area, the United Kingdom, Switzerland, and other jurisdictions where applicable law requires it, ad personalization is consent-based and off by default, and gender-based targeting requires opt-in consent and is never applied to minors. Users may also limit ad personalization through in-app controls, and we honor those choices regardless of your targeting selections.

For data-protection purposes, by selecting targeting criteria you act as an independent controller, or as a joint controller with Laybell, for those selections to the extent applicable law so provides; where we are joint controllers, the allocation of responsibilities is as described in our Privacy Policy or a separate arrangement.

7. Ad Review and Enforcement

We may, in our discretion and with or without notice, review, approve, reject, label, pause, throttle, decline to run, or remove any ad, Ad Creative, or Campaign at any time and for any reason or no reason, and we are under no obligation to run, continue running, or display any ad. Approval or non-rejection of an ad does not mean the ad complies with these Advertiser Terms or any law, does not waive our right to act later, and does not make us responsible for your ad. You remain solely responsible for your Campaigns.

If you violate these Advertiser Terms, the Terms, or applicable law, or if we otherwise consider it appropriate to protect the Service, users, or third parties, we may, consistent with the tiered and discretionary enforcement model in the Terms, take any action we consider appropriate, including rejecting or removing Ad Creative, pausing or ending Campaigns, limiting or removing advertiser features, restricting your access, and suspending or terminating your advertiser access or your account. Enforcement is graduated and discretionary based on severity and history; there is no fixed public strike count. Severe violations may result in immediate removal and a ban and, where applicable, referral to law enforcement, as described in the Terms.

Where required by applicable law (including the EU Digital Services Act), we will provide a statement of reasons for an adverse ad or account action and make available the internal complaint-handling and out-of-court dispute-resolution options described in the Terms. You may appeal an advertising decision, or ask questions about an enforcement action, by contacting us at support@laybell.app, consistent with the appeal process in the Terms.

When real billing is live, we may withhold, decline, or reverse billing for any impressions, clicks, or other activity we determine are invalid, fraudulent, non-human, or generated in violation of these Advertiser Terms, and delivered ad spend and live promotions are non-refundable except as required by applicable law or platform policy. If a charge is reversed, disputed, charged back, or fails, we may pause or end the related Campaign, reclaim delivered value, and suspend advertiser access pending resolution.

8. No Guarantee of Results

Any impression, reach, delivery, click, or other figures we show you, including budget-based estimates, are non-binding estimates only and are not guarantees. We do not warrant any minimum or specific number of impressions, views, clicks, reach, engagement, ranking position, audience, conversions, or business result. Delivery is algorithmic and may be probabilistic and may be affected by your budget, bid, content, policy compliance, available inventory, user choices, and technical factors. Spotlight increases the probability that a post ranks higher for a limited time but does not guarantee any particular placement or exposure.

As stated in Section 3, our server-side measurement of impressions, clicks, spend, and other Campaign metrics is the authoritative record, subject to de-duplication and invalid-traffic filtering. To the extent your own analytics differ from our measurement, our measurement governs for all billing and delivery purposes. Advertising features are provided on an "as is" basis as described in the Terms, subject to the consumer protections described in Section 11, and you should not rely on simulated preview metrics.

9. Advertiser Data and Privacy

We provide you only aggregate, de-identified Campaign metrics (such as totals and ranges of impressions, clicks, and spend). We do not provide you with the identities of, or any user-level or individually identifying data about, the users who saw or interacted with your ads. You must not attempt to identify, re-identify, single out, or build a profile of any individual user from the metrics we provide, and you must not combine our metrics with other data to do so.

You must comply with all applicable privacy and data-protection laws and with the Laybell Privacy Policy in connection with your Campaigns, including in how you handle any data you collect through your Destinations. You must provide your own privacy disclosures to people who interact with your Destinations as required by law. You must not use any data obtained through the Service for any purpose other than evaluating your Campaign performance, and you must not use it to surveil, harass, discriminate against, or misuse information about any user. Where you act as a controller or joint controller for targeting selections, you are responsible for your own compliance obligations as described in the Privacy Policy.

10. Indemnification

In addition to any indemnification obligations in the Terms, you agree to defend, indemnify, and hold harmless Laybell LLC and its members, managers, officers, employees, agents, and service providers from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your Campaigns, Ad Creative, claims, offers, and Destinations; your products, services, or business; any music, image, video, trademark, or other material in your ads; your violation of these Advertiser Terms, the Terms, the Privacy Policy, or any applicable law (including advertising, consumer-protection, privacy, and anti-discrimination laws); your targeting selections; any misrepresentation by you; and any infringement or misappropriation of any third party's rights by your ads or Destinations.

This indemnification obligation survives the termination of your advertiser access and your account and applies regardless of whether the relevant Campaign was reviewed, approved, or not rejected by Laybell.

11. Relationship to the Terms; Changes

These Advertiser Terms supplement and are part of the Terms and incorporate the Privacy Policy. Provisions of the Terms that apply generally, including the disclaimers of warranties, the limitations of liability, and the dispute-resolution, arbitration, governing-law, and venue provisions, apply to your activities as an Advertiser. The Terms' Maryland governing-law, venue, and binding-arbitration provisions therefore apply to advertiser disputes, subject to any mandatory, non-waivable rights you have as a consumer in the European Union, the United Kingdom, or another protected jurisdiction, as described in the Terms. In the event of a conflict, these Advertiser Terms control for advertising matters and the Terms control on all other matters, as described in Section 1.

We may update these Advertiser Terms from time to time. When we make material changes, we will provide notice as described in the Terms, and your continued creation or running of Campaigns after the changes take effect constitutes your acceptance of the updated Advertiser Terms, except where applicable law requires your affirmative consent (for example, before any change to billing) or where, as described in the Terms, you are a protected consumer entitled to advance notice and a right to reject material changes. The "Last Updated" date above indicates when these Advertiser Terms were last revised.

12. Contact Us

If you have questions about these Advertiser Terms, your Campaigns, ad policy, billing, or to appeal an advertising decision, contact us at support@laybell.app. Privacy questions may be directed to privacy@laybell.app.

Third parties may report an infringing or policy-violating ad to us at support@laybell.app, and copyright complaints about ad audio or other Ad Creative may be sent to our registered DMCA agent at dmca@laybell.app. Copyright complaints are handled under the DMCA notice-and-takedown and repeat-infringer process described in the Terms, including for any infringing audio used in an ad.

You may also reach us by mail at: Laybell LLC, 28 Rivers Edge Ter, Indian Head, MD 20640.