Draft pending legal review. This document is published for transparency during the closed access program and is not yet in force. Open drafting points are marked in the text.

1ads Access Program Terms (Closed Access and Early Access)

Version: 0.1-draft Effective date: not yet in force (draft)

DRAFT – pending review by a qualified Romanian lawyer before use. Do not publish, sign or rely on this document until that review is complete.

Related documents: terms-of-service.md, order-form-template.md, service-level-and-support.md, privacy-policy.md, data-processing-agreement.md, acceptable-use-policy.md.

1. Purpose and Relationship with the Terms

1.1 Purpose. At launch, the Platform is available only through a closed access program. These Access Program Terms explain:

how businesses apply for access;
how the Company reviews and approves applications;
how approved Customers are onboarded; and
the conditions that apply to Beta Features and early access.

1.2 Relationship with the Terms. These Access Program Terms supplement the Terms of Service (terms-of-service.md, the "Terms") and form part of the Agreement for Customers who have signed an Order Form. If they conflict with the Terms, these Access Program Terms prevail on Beta Features and the Access Program, as provided in Section 3.3 of the Terms. In all other respects, the Terms apply.

1.3 Before an Order Form is signed. Sections 3 to 6, 11.1, 14, 15.2 and 16 of these Access Program Terms apply from the moment an access request is submitted with the acceptance described in Section 4.5. No other obligation arises until both parties have signed an Order Form.

1.4 Defined terms. Capitalised terms not defined here have the meaning given in the Terms, including "Company", "Customer", "Authorized Users", "Customer Data", "Platform", "Order Form", "Third-Party Platforms", "AI Features" and "Outputs".

2. Definitions

"Access Request": an application for access to the Platform submitted through the form on https://1ads.net or by another channel the Company accepts.
"Applicant": the business on whose behalf an Access Request is submitted.
"Beta Features": has the meaning given in the Terms. It includes any feature, integration, AI model or functionality labelled "beta", "preview", "early access", "experimental" or similar.
"General Availability": the date the Company announces that the Platform, or a given plan, is available without a closed application process.
"Pilot": a time-limited participation, free of charge, discounted or paid at the monthly list price, as described in an Order Form. A paid Pilot is production use of the Platform and is governed by Part E.2 of the Order Form and Section 4.5 of the Terms.
"Program Participant": an Applicant that has been approved and has signed an Order Form.

3. Eligibility

3.1 Businesses only. The Access Program is open only to legal entities and other professionals acting for business purposes, typically brands, advertisers and advertising or marketing agencies. Consumers are not eligible.

3.2 Person submitting the request. The individual who submits an Access Request must be at least 18 years old and authorized to act for the Applicant.

3.3 No guarantee of access. Eligibility does not guarantee access. The number of Program Participants is limited.

4. Access Requests

4.1 Information requested. The access-request form asks for:

the Applicant's company name, website (optional) and country;
the contact person's name, work email and role (optional);
the type of organisation (agency, brand or other) and, for agencies, the number of clients managed;
the Third-Party Platforms used and an approximate band of monthly advertising spend;
the Applicant's goal (optional free text); and
an optional choice, never ticked in advance, to receive marketing communications.

The form also records the language used, the version of the privacy notice shown to the person submitting it and the version of these Access Program Terms accepted (Section 4.5). During the review, the Company may ask for further information, such as registration and VAT details (Section 5.3).

4.2 Accuracy. The Applicant must provide accurate, complete and up-to-date information. Providing false or misleading information is a ground for refusal and, after approval, for suspension or termination under the Terms.

4.3 No contract. Submitting an Access Request:

creates no contract;
places no obligation on the Company to grant access or reply within a given time; and
creates no obligation for the Applicant to buy anything.

Submitting an Access Request is free of charge.

4.4 Personal data. Personal data included in an Access Request is processed by the Company as controller, as described in privacy-policy.md, to assess and manage the request and to communicate with the Applicant.

4.5 Acceptance of these Access Program Terms. The access-request form contains a mandatory checkbox, which is not ticked in advance, with the text: "I have read and accept the Access Program Terms (Sections 3–6, 11.1, 14–16)." The text links to these Access Program Terms, and the form cannot be submitted unless the checkbox is ticked. The Company keeps a timestamped record of the acceptance (the date and time the Access Request was submitted), together with the version of these Access Program Terms that was accepted. An Access Request submitted without this acceptance is not reviewed.

4.6 Acknowledgement and abuse prevention. After an Access Request is submitted:

the person who submitted it receives at most one acknowledgement email with fixed text, which does not repeat the information submitted (it may not be sent if our hourly sending limit is reached). At most one acknowledgement is sent to the same email address in any 24 hours;
the Company's sales team receives an internal notification; and
no account is created.

The acknowledgement states that the Company reviews every Access Request manually and usually replies within a few business days, with no guaranteed timeline. It does not commit the Company to any review time (Sections 4.3 and 5.5).

The form is protected against spam and abuse by a hidden honeypot field and a check of how long the form was open, without any third-party CAPTCHA. Submissions that appear automated are discarded without being stored. A pseudonymised hash of the sender's IP address and the browser user agent are stored with the request and deleted after 30 days, as described in privacy-policy.md.

5. Review and Manual Approval

5.1 Human review. Each Access Request is reviewed by the Company's personnel. No decision to approve or refuse is based solely on automated processing.

5.2 Criteria. The Company may consider, among others:

(a) whether the Applicant is a legitimate, verifiable business acting for business purposes;
(b) fit with the currently supported Third-Party Platforms, markets, languages and use cases;
(c) the Company's onboarding and support capacity at the time;
(d) compliance risk, including:
- activity in sectors or with practices restricted by the AUP or by Third-Party Platform policies;
- any intention to run political or social-issue advertising (Section 6.3 of the Terms); and
- the results of sanctions screening;
(e) the Applicant's ability to sign the Order Form and the DPA and to pay by bank transfer;
(f) for agencies, the ability to show authority over End Client accounts; and
(g) the order in which requests were received and the balance of the program (for example, the mix of brands and agencies).

5.3 Verification. Before approval, the Company may ask for supporting documents or information, such as:

a trade register extract;
proof of the signatory's authority;
proof of control over the Third-Party Platform accounts to be connected; or
references.

The Company may also hold a call with the Applicant.

5.4 Non-discrimination. Decisions are taken on objective business grounds. They are not based on any characteristic protected by anti-discrimination law.

5.5 Communication of the decision. The Company will inform the Applicant of approval, refusal or placement on the waitlist by email to the contact provided. The Company does not commit to any review time.

6. Right to Refuse; Waitlist; Re-application

6.1 Right to refuse. The Company may refuse any Access Request at its discretion, including for capacity reasons. It is not obliged to give reasons, although it may choose to. A refusal creates no liability for the Company.

6.2 Waitlist. The Company may place an Access Request on a waitlist and review it again when capacity allows. Waitlisted Applicants may update their request at any time.

6.3 Re-application. A refused Applicant may submit a new Access Request no sooner than 90 days after the refusal, unless the Company invites an earlier application.

7. Onboarding and Provisioning

7.1 Order Form and DPA. After approval, the Company sends the Applicant:

an Order Form based on order-form-template.md; and
the Terms, the DPA, the AUP, service-level-and-support.md and these Access Program Terms.

The Applicant becomes a Program Participant and a Customer when both parties sign the Order Form. Signature includes the separate express acceptance of unusual clauses in Part L of the Order Form.

7.2 Manual provisioning. The Company manually creates:

the Customer's tenant;
the initial Workspaces; and
the initial administrator account or accounts.

Invitations are sent to the email addresses designated in the Order Form.

7.3 Security on first login. Authorized Users who do not use single sign-on must set up multi-factor authentication on first login. Where the plan includes SSO, the Company assists the Customer with its configuration.

7.4 Onboarding session. The Company may offer an onboarding session to help connect Third-Party Platforms, configure KPI targets and cost data, and set up approval workflows. The Customer remains responsible for these settings, as described in Section 6 of the Terms.

7.5 Invoicing. Invoicing is manual and is done as set out in the Order Form and Section 13 of the Terms.

8. Beta Features and Early Access

8.1 Identification. The Company will make reasonable efforts to label Beta Features in the Platform or the Documentation. During the Access Program, the Platform as a whole may still be under active development.

8.2 Provided "as is". Beta Features are provided "as is" and "as available", without any warranty, service-level commitment or service credit.

Section 20.2 of the Terms (Platform warranty) and Section 22.2 of the Terms (Company indemnity) do not apply to Beta Features.
Beta Features may contain errors, may be incomplete and may produce inaccurate Outputs.
The security measures described in the DPA continue to apply to Customer Data processed through Beta Features.

8.3 Changes and discontinuation. The Company may change, suspend or discontinue any Beta Feature at any time. Where reasonably practicable, the Company will give at least 15 days' notice before permanently discontinuing a Beta Feature that stores Customer Data, so that the Customer can export it.

There is no guarantee that a Beta Feature will become generally available or be offered on the same terms.

8.4 Careful use. The Customer should not rely on Beta Features as the only basis for decisions with significant financial effect, and should verify their Outputs (Section 7.2 of the Terms).

8.5 Auto-approval disabled. During the Access Program, Auto-Approval Policies are disabled. Every Action requires an Approval by an Authorized User; no Order Form or other agreement makes an exception. Hard Caps continue to apply.

8.6 Lower limits. During the Access Program, the Company may apply lower usage limits, rate limits or AI Credit allocations than those planned for General Availability, as described in the Order Form or the Documentation. The AI Credits and other quantities stated in the Order Form are not reduced under this Section.

8.7 Pricing of Beta Features. Beta Features are included at no additional charge unless the Order Form states otherwise. If the Company later decides to charge for a feature that was offered free as a Beta Feature, it will give at least 30 days' notice. The Customer will then pay only if it opts in.

9. Program Conditions

9.1 Early-access pricing. Any discount, special price or price lock offered to Program Participants applies only for the period and conditions stated in the Order Form.

9.2 Pilots. A Pilot lasts for the period stated in the Order Form. A paid Pilot is invoiced as stated in the Order Form. At its end it converts into the Subscription Term stated in the Order Form, unless the Customer exercises the break-even exit set out there (Part E.2 of the Order Form; Section 4.5 of the Terms). At the end of a free Pilot, the Customer's access ends unless the parties have agreed a paid Subscription Term in the Order Form. Section 25 of the Terms (data export and deletion) applies.

9.3 Support. Support during the Access Program is provided as described in service-level-and-support.md. No service credits apply unless the Order Form expressly provides for them.

10. Feedback

10.1 Encouraged but voluntary. The Company welcomes Feedback, such as bug reports, suggestions and feature requests, through the channels described in service-level-and-support.md. Providing Feedback is voluntary.

10.2 Licence. Section 16.3 of the Terms applies to all Feedback. The Customer grants the Company a non-exclusive, free-of-charge, worldwide, transferable and sublicensable licence to use and exploit Feedback by any means, for the entire term of protection of any rights in it.

The Company:

has no obligation to use Feedback;
owes no compensation for it; and
will not publicly identify the Customer as its source without consent.

10.3 What not to include. The Customer will not include in Feedback any confidential information of third parties or any personal data that is not necessary to describe the issue.

11. Confidentiality of the Program

11.1 Confidential Information. The following are the Company's Confidential Information under Section 17 of the Terms:

non-public information about the Platform, Beta Features, roadmap, pricing offered to Program Participants and the Access Request decision; and
for Applicants that have not signed an Order Form, any such information disclosed during the review.

11.2 Public statements. During the Access Program, the Customer will not publish reviews, performance benchmarks, screenshots or comparisons of Beta Features without the Company's prior written consent, which may be given by email. This does not restrict:

internal use;
disclosure to End Clients of information about their own campaigns; or
any statement the Customer is required by law to make.

11.3 Testimonials. The Company will not publish testimonials, logos or case studies about the Customer without the Customer's prior written consent.

12. Suspension and End of Participation

12.1 Suspension. The Company may suspend participation in the Access Program on the grounds set out in Section 23 of the Terms.

12.2 Free participation. If the Customer participates free of charge, for example in a free Pilot, either party may end participation at any time by written notice. Where reasonably practicable, the Company will give at least 15 days' notice, except in the cases in Section 24.4(a) of the Terms.

12.3 Paid participation. If the Customer pays Fees, its subscription continues for the Subscription Term in the Order Form and may be terminated only as provided in the Terms or, after a paid Pilot, through the break-even exit in Part E.2 of the Order Form. Discontinuing a Beta Feature does not terminate the subscription and does not entitle the Customer to a refund, unless the Beta Feature is designated as a Core Integration or as an essential feature in the Order Form.

12.4 Effects. When participation ends, Section 25 of the Terms applies, including the 30-day Export Window.

13. End of the Access Program and Transition to General Availability

13.1 End of the program. The Access Program ends on General Availability, or earlier if the Company announces its end.

13.2 Continuity. Order Forms signed during the Access Program continue under their own terms. At General Availability:

service-level commitments for generally available features may apply to the Customer as described in the then-current service-level-and-support.md, if the Order Form or a later amendment provides for them; and
features that remain in beta continue to be governed by Section 8.

13.3 Notice of changes. Any change to these Access Program Terms follows Section 26 of the Terms.

14. Data Protection

14.1 Access Request data. Personal data in Access Requests, onboarding communications and account provisioning is processed by the Company as controller under privacy-policy.md. This includes the retention periods for Access Requests: refused, waitlisted and withdrawn Access Requests are deleted 12 months after the decision (for a waitlisted request, after it was placed on the waitlist; for a withdrawn request, after the withdrawal was recorded), and Access Requests that were never decided are deleted 12 months after submission (data-retention-schedule.md, A1). The pseudonymised IP address hash and the browser user agent are deleted after 30 days (Section 4.6). If an Access Request is approved, its data becomes part of the customer relationship and is kept as account and customer contact data.

14.2 Customer Data. Personal data in Customer Data, including data processed through Beta Features, is processed by the Company as processor under the DPA.

15. Liability

15.1 Liability rules. Section 21 of the Terms applies to the Access Program and to Beta Features. If no Fees were paid, the cap is EUR 100 (Section 21.3 of the Terms). Nothing in these Access Program Terms limits liability that cannot be limited under mandatory law, including liability for intent or gross negligence (Article 1355 of the Romanian Civil Code).

15.2 Before an Order Form is signed. The Company has no liability to an Applicant in connection with the review, refusal or waitlisting of an Access Request, except liability for intent, gross negligence or bad faith in negotiations (Article 1183 of the Romanian Civil Code) and any other liability that cannot be excluded under mandatory law.

16. Miscellaneous

16.1 Other provisions. Sections 27 (governing law and disputes) and 28 (language, electronic signature and notices) of the Terms apply to these Access Program Terms for Program Participants. For Applicants that have not signed an Order Form, only Section 27.1 (governing law) and Section 28.3 (notices) of the Terms apply; the exclusive jurisdiction clause in Section 27.3 of the Terms does not apply to them.

16.2 Contact. Questions about the Access Program can be sent to support@1ads.net. Legal notices go to support@1ads.net.