Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

These Terms of Service (“Terms”) govern your access to and use of the websites, platform applications, ad-serving capabilities, dashboards, and related services operated by Frequency, Inc. (“Frequency,” “we,” “us,” or “our”) (collectively, the “Services”). These Terms form a binding agreement between you (“you” or “your”) and Frequency.

By accessing or using the Services, creating an account, or clicking “I Agree,” you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, do not access or use the Services.

These Terms incorporate by reference our Privacy Policy and, for use of the licensed platform software, our End-User License Agreement (“EULA”). If there is a conflict between these Terms and the EULA regarding the software license specifically, the EULA controls; in all other respects, these Terms control.

1. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. When you register, you agree to provide accurate and complete information and to keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at support@frequency.media of any unauthorized use. Frequency is not liable for losses arising from unauthorized use of your account.

2. The Services

The Services enable advertisers, agencies, publishers, and vendors (“Customers”) to plan, transact, serve, and measure audio and podcast advertising campaigns, and provide related information, tools, and dashboards. We may add, change, suspend, or discontinue features at any time. We will use commercially reasonable efforts to notify you of material changes that adversely affect your use.

3. License and Relationship to the EULA

Subject to these Terms, Frequency grants you a limited, personal, non-transferable, non-exclusive right to access and use the Services for your internal business purposes during the term of your access. Your use of the licensed platform software is additionally governed by the EULA. All rights not expressly granted are reserved by Frequency.

4. Acceptable Use

You agree not to, and not to permit any third party to:

use the Services in violation of any applicable law, regulation, or third-party right;
upload, serve, or transmit advertising content or other material that is unlawful, fraudulent, deceptive, defamatory, infringing, obscene, or that violates advertising standards or a publisher’s content policies;
generate or facilitate invalid, fraudulent, or non-human traffic, impressions, or clicks, or otherwise manipulate campaign metrics;
interfere with, disrupt, or place undue load on the Services or the networks or systems connected to them;
access the Services through automated means (scraping, crawling, bots) except as expressly permitted, or attempt to gain unauthorized access to any account, system, or data;
reverse engineer, decompile, or attempt to derive source code from the Services except as permitted by law; or
resell, sublicense, or make the Services available to any third party except as expressly authorized.

We may investigate suspected violations and cooperate with law enforcement.

5. Customer Content and Data

“Customer Content” means the creative assets, campaign data, targeting parameters, and other materials you or your users submit to the Services. As between you and Frequency, you retain all rights you hold in your Customer Content. You grant Frequency a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and serve Customer Content solely as necessary to provide and operate the Services and as otherwise permitted in these Terms and the Privacy Policy.

You are solely responsible for your Customer Content, including that you have all rights and consents necessary to submit it and to have it served through the Services, and that it complies with these Terms and applicable law.

6. Advertiser and Publisher Terms

Campaigns transacted through the Services are subject to the specific terms presented at the time of the transaction, including rates (such as CPM), flight dates, creative requirements, brand approval, and vetting outcomes. Publishers may accept or decline campaign offers, and Frequency and its Customers may reject, pause, or remove advertising that violates these Terms, applicable content policies, or applicable law. Nothing in these Terms guarantees delivery, placement, performance, or results of any campaign.

7. Fees and Payment

Fees for the Services are set out in the applicable order, insertion order, or plan. Unless otherwise agreed in writing, fees are due as invoiced, are non-refundable except as required by law, and are exclusive of taxes, which are your responsibility. You authorize Frequency (and its payment processors) to charge the payment methods you provide. Late amounts may accrue interest and result in suspension of the Services.

8. Third-Party Services

The Services rely on and may integrate with third-party services (for example, authentication, hosting, analytics, and advertising networks). Your use of those services may be governed by their own terms and privacy policies, and Frequency is not responsible for third-party services or content. Links to third-party sites are provided for convenience only.

9. Privacy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. Where the Services send SMS messages, we obtain express opt-in consent as described in our SMS Consent Flow, and you may opt out at any time by replying STOP.

10. Intellectual Property

Frequency and its licensors own all right, title, and interest in and to the Services, including all software, content, and materials made available through them (excluding Customer Content), and all associated intellectual property rights. Except for the limited rights expressly granted in these Terms, no rights are granted to you. If you provide feedback or suggestions, you grant Frequency a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

11. Term, Suspension, and Termination

These Terms apply for as long as you use the Services. You may stop using the Services at any time and may delete your account through accounts.frequency.media . We may suspend or terminate your access, in whole or in part, if you violate these Terms, if required by law, or to protect the Services or other users. Upon termination, your right to access the Services ceases. Sections that by their nature should survive termination (including Sections 5, 7, 10, and 12 through 16) will survive.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FREQUENCY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FREQUENCY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FREQUENCY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREQUENCY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FREQUENCY FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You will defend, indemnify, and hold harmless Frequency and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Content, your use of the Services, or your breach of these Terms or applicable law.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in the State of New York, Borough of Manhattan, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a revised “Last Updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. General

These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and Frequency regarding the Services and supersede all prior agreements on that subject. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full effect. Frequency’s failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; Frequency may assign these Terms in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

Contact

For questions about these Terms, email support@frequency.media with “Terms of Service” in the subject line.

Last Updated: July 17, 2026