Last updated: June 1, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, platforms, products, and services (collectively, the “Services”) offered by Kodiak Media Group (“Kodiak,” “we,” “us,” or “our”). By accessing the Services, executing an Insertion Order or Statement of Work with us, or creating an account, you agree to these Terms. If you do not agree, do not use the Services.
Kodiak offers programmatic television infrastructure, including:
Specific deliverables, pricing, term, and performance commitments are defined in the applicable Insertion Order, Statement of Work, or platform agreement (“Order”). If an Order conflicts with these Terms, the Order controls for that engagement.
You are responsible for all activity that occurs under your account, including the actions of users you authorize. Keep credentials confidential. Notify us promptly at info@kodiak.media if you suspect unauthorized access.
You agree not to:
We may suspend or terminate access, with or without notice, for any violation that creates risk to Kodiak, our partners, or end consumers.
You retain ownership of the creative assets, campaign data, audience segments, and first-party data (“Client Content”) you provide. You grant Kodiak a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Client Content solely to deliver the Services. You represent that you have all necessary rights and consents to do so, including any consents required under GDPR, CCPA/CPRA, and other applicable privacy laws.
The Services, including the platform, software, dashboards, documentation, reports, methodologies, and Kodiak trademarks, are owned by Kodiak or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your active engagement. Nothing in these Terms transfers ownership.
Each party will protect the other’s non-public business, technical, and financial information using at least the same care it uses to protect its own confidential information, and not less than reasonable care. Confidential information may be used only to perform under these Terms and the applicable Order.
Fees, media costs, platform fees, and payment terms are set in the applicable Order. Unless otherwise stated:
These Terms remain in effect while you use the Services. Either party may terminate an Order for material breach if the breach is not cured within 30 days of written notice. Upon termination, your right to access the Services ends, and any fees accrued through the termination date become immediately due.
Kodiak warrants that it will perform the Services in a professional and workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KODIAK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY REGARDING UNINTERRUPTED OR ERROR-FREE OPERATION, CAMPAIGN PERFORMANCE, OR THIRD-PARTY INVENTORY AVAILABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.
EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE APPLICABLE ORDER WILL NOT EXCEED THE FEES PAID OR PAYABLE TO KODIAK UNDER THE APPLICABLE ORDER DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The above limits do not apply to: (a) breaches of confidentiality, (b) indemnification obligations, (c) violations of intellectual property rights, or (d) gross negligence or willful misconduct.
You will defend, indemnify, and hold harmless Kodiak, its affiliates, and their respective officers, directors, employees, and agents from any third-party claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your Client Content, (b) your use of the Services in violation of these Terms or applicable law, or (c) your breach of any representation or warranty in these Terms.
Kodiak will defend, indemnify, and hold you harmless from third-party claims that the Services, as provided by Kodiak and used as permitted, infringe a US patent, copyright, or trademark, subject to the limitation of liability in Section 11.
Both parties will comply with applicable laws and self-regulatory frameworks, including the FTC Act, CAN-SPAM, TCPA, COPPA, the IAB Tech Lab Transparency and Consent Framework (TCF), IAB Global Privacy Platform (GPP) signals, the DAA Self-Regulatory Principles, and applicable US state privacy laws including the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), Virginia CDPA, Colorado CPA, Connecticut CTDPA, and Utah UCPA.
We may update the Services and these Terms from time to time. Material changes will be communicated by email or platform notice and will take effect 30 days after notice. Continued use of the Services after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. The exclusive venue for any dispute not subject to arbitration is the state or federal courts located in Los Angeles County, California.
The parties will first attempt to resolve any dispute through good-faith negotiation for 30 days. If unresolved, the dispute will be settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules in Los Angeles, California. Either party may seek injunctive relief in court to protect intellectual property or confidential information.
