1. Parties & Definitions
"Company," "DKDEV," "we," "us," or "our" refers to DKDEV, LLC, a Texas limited liability company, and its managers, members, developers, contractors, and agents.
"Customer" or "Organization" refers to the legal entity, political campaign committee, political action committee, party committee, consulting agency, or non-profit organization procuring authorized access to the Service.
"User," "Authorized User," or "You" refers to each individual person provisioned a unique user credential, seat, or login to access the Service on behalf of Customer, as well as Customer itself.
"Service" refers to the AdEye proprietary software platform, web application, monitoring feeds, user interfaces, documentation, APIs, and ad monitoring datasets operated by DKDEV, LLC.
"Public Source Data" refers to advertising creative, airtimes, spend estimates, target criteria, metadata, and filings retrieved from authorized, publicly accessible third-party application programming interfaces (APIs) and official repositories (e.g., the New Zealand Electoral Commission (Te Kaitiaki Take Kōwhiri), Broadcasting Standards Authority (BSA), platform ad libraries, and statutory election returns under the Electoral Act 1993).
2. Preview Release Nature & Disclaimer of Data Accuracy
Beta / Preview Deployment. User acknowledges and agrees that the Service is provided as an active preview and evaluation deployment. The Service, its underlying ingestion pipelines, automated indexing, optical character recognition (OCR), natural language processing, audio transcriptions, spend algorithms, and categorization tags are experimental, undergo continuous iteration, and are provided strictly on an "AS IS" and "AS AVAILABLE" basis.
Third-Party API Dependency. DKDEV aggregates and surfaces data sourced through third-party public APIs and public public-record repositories. DKDEV exercises no ownership or editorial control over third-party networks and makes no warranty or guarantee regarding the uptime, latency, format changes, completeness, or continuing availability of any third-party API endpoint.
Absence of Data Guarantees. DKDEV does not warrant that ad captures, spending numbers, flight timelines, geographic market allocations, or sponsor attributions are error-free, exhaustive, complete, or updated in real time. System outages, delayed disclosures, third-party platform deprecations, and algorithmic classifications may lead to incomplete or erroneous records.
3. Affirmative Duty to Independently Verify; Assumption of Risk
Mandatory Independent Verification. The Service is engineered strictly as an early-indicator research and monitoring utility. User and Customer bear the sole, non-delegable operational and legal duty to independently corroborate, audit, and verify all metrics, filings, disclosures, audio/video assets, and promoter statements against primary official public records (e.g., official New Zealand Electoral Commission returns, candidate expenditure declarations, party disclosures under the Electoral Act 1993, or direct media confirmations) prior to making any strategic, legal, financial, reporting, or public communications decisions.
Absolute Assumption of Operational Risk. Any action, expenditure, strategic placement, press disclosure, regulatory filing, or internal reliance conducted by User or Customer on data surfaced through AdEye is executed at User's and Customer's sole discretion and absolute risk.
4. User Accounts, Named Seats & Access Credentials
Named Seat Licensing. Access to the Service is licensed strictly on a per-seat, named-user basis. Each Authorized User must establish an independent login credential secured by multi-factor authentication where supported.
No Credential Sharing. Sharing login credentials, passwords, session tokens, or API keys across multiple individuals, inside or outside Customer's organization, is strictly prohibited and constitutes a material breach of this Agreement. Customer is strictly responsible for all actions taken using the credentials issued to its provisioned Users.
Revocation. DKDEV reserves the right to immediately terminate or disable any credential without notice or refund if concurrent logins or credential-sharing patterns are detected.
5. Organizational Boundaries & Strict Non-Disclosure
Internal Use Only. Customer and Authorized Users are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service and its contents strictly for Customer's internal research and analytical purposes.
Prohibition on External Sharing and Syndication. Under no circumstances shall Customer or any User:
- Sublicense, resell, lease, syndicate, distribute, publish, frame, or disclose Service dashboards, raw datasets, exports, alerts, or competitive analysis to any outside entity, vendor, unaffiliated campaign, media outlet, or third party;
- Build or train competing software, machine learning models, or commercial databases using data extracted from the Service; or
- Utilize automated web scraping, headless browsers, data mining bots, or bulk extraction tools against the Service's interfaces or infrastructure outside of DKDEV-authorized, authenticated API endpoints.
6. Election Law, Promoter Rules, and Regulatory Firewalls
Statutory Awareness. User and Customer expressly acknowledge that New Zealand election and campaign regulations—including the Electoral Act 1993, the Broadcasting Act 1989, regulations and guidance issued by the New Zealand Electoral Commission (Te Kaitiaki Take Kōwhiri), and the Advertising Standards Authority (ASA) Codes—strictly govern and limit election advertising, promoter statements, third-party promoter registration, and election expenditure allocation.
Strict Prohibition on Unlawful Coordination:
- User and Customer explicitly warrant and covenant that they will not use, transmit, leak, cross-share, or repurpose any data, alerts, non-public flight data, or analysis obtained via AdEye NZ to coordinate activities, make unlawful contributions, circumvent promoter registration or expenditure limits, or breach legal boundaries between registered parties, electorate candidates, and third-party promoters under the Electoral Act 1993.
- User and Customer shall not provide Service access, dashboard screenshots, CSV exports, or derived reports to any individual, agent, or contractor if doing so breaches an established legal firewall, safe harbor defense, non-disclosure agreement, or common vendor screening policy.
Disclaimer of Developer Compliance Oversight. DKDEV is a technology software provider and does not provide legal, campaign finance, or regulatory counsel. DKDEV does not monitor Customer's external communications or political affiliations. Customer and each User assume complete and unconditional legal liability for maintaining compliance with all applicable election advertising, promoter disclosure, and campaign expenditure regulations.
7. Fees, Billing via Stripe, and Strict No-Refund Policy
Subscription Fees. Access to the Service is provided on a paid subscription basis pursuant to the tier, seat count, and billing cadence selected during checkout.
Third-Party Payment Processing & Billing Descriptor. All payment processing is conducted securely via our third-party payment processor, Stripe, Inc. By submitting payment information, you authorize DKDEV and Stripe to charge your designated payment method on an automated, recurring basis according to your subscription schedule. You acknowledge and agree that transactions will appear on your financial statements, bank records, and credit card statements under the billing descriptor "DKDEV" (or "DKDEV LLC / ADEYE").
Strict No-Refund Policy
ALL PAYMENTS, MEMBERSHIP FEES, SEAT LICENSES, AND RENEWALS ARE STRICTLY NON-REFUNDABLE AND NON-CREDITABLE. Because access to proprietary datasets, automated alerts, and API features is provisioned immediately upon transaction clearance during this preview release, DKDEV under no circumstances issues prorated refunds, partial credits, or reimbursements for early cancellations, non-usage, seat deactivations, data disconnections, or dissatisfaction with beta data quality.
Cancellation. You may cancel your recurring subscription at any time via your account settings or Stripe billing portal. Cancellation takes effect at the conclusion of the then-current, paid billing cycle, and you will retain access through that cycle's expiration.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
THE SERVICE, APPLICATION, SYSTEM ARCHITECTURE, AND ALL DATA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS.
DKDEV, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, NON-INFRINGEMENT, AND ACCURACY.
DKDEV MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE WILL OPERATE UNINTERRUPTED, BE SECURE, BE FREE OF VULNERABILITIES, COMPLY WITH THIRD-PARTY PLATFORM POLICIES, OR DELIVER FULL REPRODUCTION OF ALL AIRINGS OR DIGITAL ADS IN ANY GIVEN MEDIA MARKET OR RACE.
9. Limitation of Liability
Consequential Damages Exclusion. UNDER NO CIRCUMSTANCES SHALL DKDEV, LLC, OR ITS MEMBERS, MANAGERS, DEVELOPERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, REGULATORY, OR OTHER LEGAL OR EQUITABLE THEORY FOR:
- ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- ANY REGULATORY INVESTIGATIONS, FINES, SANCTIONS, ELECTION PETITIONS, ELECTORAL COMMISSION ENFORCEMENT MATTERS, BROADCASTING STANDARDS COMPLAINTS, OR STATUTORY PENALTIES UNDER THE ELECTORAL ACT 1993;
- LOSS OF CAMPAIGN CONTRIBUTIONS, LOSS OF REPUTATION, COMMERCIAL GOODWILL, ELECTORAL OUTCOMES, DATA LOSS, DEFAMATION DISPUTES, OR SYSTEM DOWNTIME; OR
- ANY DAMAGES ARISING FROM THE ACTIONS, OMISSIONS, OR API MODIFICATIONS OF THIRD-PARTY PLATFORMS.
10. Dispute Resolution, Arbitration & Governing Law
Mandatory Dispute Resolution & Arbitration. Any dispute, controversy, claim, or enforcement action arising out of, relating to, or in connection with this Agreement, the Service, or transactions conducted through Stripe shall be resolved by final and binding private arbitration in New Zealand administered in accordance with the Arbitration Act 1996 of New Zealand, or by the Courts of New Zealand, rather than in foreign courts.
Venue & Governing Law. The seat, venue, and location of any dispute resolution proceedings shall be Wellington / Auckland, New Zealand. This Agreement, the arbitration agreement, and any underlying dispute shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflicts of law principles.
Class Action and Representative Relief Waiver. USER AND CUSTOMER AGREE THAT ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. ARBITRATION MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE INDIVIDUAL'S OR ENTITY'S CLAIMS.
Injunctive Relief Exception. Notwithstanding the foregoing, DKDEV, LLC reserves the right to seek emergency injunctive or other equitable relief in any court of competent jurisdiction located in New Zealand or the United States to prevent the actual or threatened infringement, misuse, unauthorized data extraction, scraping, or intellectual property misappropriation of the Service.
11. Indemnification
User and Customer agree to defend, indemnify, and hold harmless DKDEV, LLC, its managing members, officers, software engineers, and suppliers from and against any and all third-party or government claims, damages, liabilities, losses, costs, expenses, judgments, and legal fees (including reasonable attorneys' fees and expenses) arising out of or related to:
- Access to or use of the Service or reliance upon any data derived therefrom by User or Customer;
- Any violation, breach, or alleged breach of this Agreement by User or Customer;
- Any breach of campaign finance, election, or administrative disclosure laws resulting from User's or Customer's dissemination, handling, or unauthorized sharing of Service data with coordinated committees or prohibited third parties; or
- Any claim asserting that material exported, published, or transmitted by User outside the Service infringes third-party intellectual property or privacy rights or violates non-coordination legal firewalls.
12. Term, Suspension & Termination
Termination by DKDEV. DKDEV reserves the unilateral right to suspend, throttle, restrict, or completely terminate any User account, seat, or Customer access without notice, liability, or refund if:
- A breach of this Agreement occurs;
- Automated scraping, credential sharing, or abusive API querying is detected; or
- DKDEV, in its sole discretion, elects to sunset, modify, or discontinue the preview release of AdEye.
Survival. Sections 1, 2, 3, 5, 6, 7.3, 8, 9, 10, 11, and 13 shall survive any termination, cancellation, or expiration of this Agreement.
13. Miscellaneous Provisions
Severability. If any provision or subpart of this Agreement is deemed invalid, unlawful, or unenforceable by an arbitrator or court of competent jurisdiction, that specific provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and legal effect.
Entire Agreement. This Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the preview release of AdEye, superseding all prior oral or written agreements, negotiations, or understandings between DKDEV and User or Customer.
No Waiver. No delay or failure by DKDEV, LLC in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of any right, power, or remedy.