Last updated 31 August 2026
These Terms of Service (the “Terms”) are a binding agreement between MediaScale, LLC (“MediaScale,” “we,” “us,” or “our”) and the business or person that accesses Resolver — our identity resolution and audience platform — and its websites, applications, and related services (the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you are authorized to bind it, and “you” means that company.
The Services are intended solely for businesses and for individuals acting on behalf of a business, who are at least 18 years old and able to form a binding contract. The Services are not offered to consumers for personal, family, or household use.
You must provide accurate information and keep it current. You are responsible for all activity under your account and for keeping credentials secure. You may permit employees or contractors (“authorized users”) to use the Services under your account; you are responsible for their compliance with these Terms. Notify us promptly of any unauthorized use.
We may offer free trials or beta features. Trial and beta features are provided “as is” and “as available,” may be changed or withdrawn at any time, and may not perform as intended. Data associated with a trial may be deleted if you do not convert to a paid plan. We may add, modify, suspend, or discontinue any part of the Services at any time.
Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your internal business purposes and, where your plan includes white-label features, to offer the Services to your own clients under your branding. You agree not to:
We may investigate and suspend or terminate access for suspected violations.
The Services include a measurement script (the “pixel”) you can install on websites. You may install the pixel only on websites you own or operate, or that you are expressly authorized to instrument. You are responsible for complying with all laws that apply to collecting visitor data on those websites, including posting any legally required privacy and cookie notices and obtaining any required consents from your visitors. You may not install the pixel on websites directed to children or use it to collect data you have no right to collect. We may suspend ingestion from any website we reasonably believe violates this section.
As between the parties, you own the data you or your authorized users submit or collect through the Services (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data as needed to provide and improve the Services, including sharing it with the third-party data providers we use to resolve identities and build audiences. You are solely responsible for the accuracy and legality of Customer Data and for obtaining all consents and rights necessary for us to process it. We may generate and retain aggregated and de-identified data that does not identify you or any individual, and may use it to operate, improve, and benchmark our Services without restriction. Our handling of personal information is described in our Privacy Policy.
The identities, attributes, and audiences the Services return (“Results”) are produced by matching collected data against records licensed from third-party data providers. Results may be incomplete, outdated, or wrong, and coverage varies by website, audience, and geography. We do not guarantee any particular match rate, accuracy level, deliverability, or business outcome. You are responsible for reviewing Results before relying on them and for using them lawfully, including compliance with marketing, anti-spam, and telemarketing laws that apply to how you contact the people identified. Third-party data sources can change or restrict availability at any time; if a provider changes or removes access, some features may stop working.
We and our licensors own all rights in the Services, including software, documentation, and the MediaScale and Resolver names and marks, and all improvements to them. Except for the limited rights granted here, no rights are transferred to you. You may not use our marks without our prior written consent.
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you.
Each party may access the other’s non-public information. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party, or to disclosures required by law.
The Services, including all Results and third-party data, are provided “as is” and “as available” without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Services will be uninterrupted, secure, error-free, or accurate, or will meet your requirements or achieve any result.
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars ($100) if you have paid nothing. These limits do not apply to a party’s liability for its indemnification obligations, breach of confidentiality, or, to the extent not permitted to be limited by law, fraud or willful misconduct.
You will defend, indemnify, and hold harmless MediaScale and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Services, the websites where you install the pixel, your use of Results, your breach of these Terms, or your violation of any law or third-party rights.
Please read this section carefully. Except for claims for injunctive relief to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its commercial rules, seated in Palm Beach County, Florida. The arbitration will be conducted on an individual basis only. You and MediaScale waive any right to a jury trial and any right to participate in a class, collective, or representative action. If the class-action waiver is found unenforceable, the remainder of this section still applies. Any claim must be brought within one (1) year after it arises, or it is permanently barred to the extent allowed by law.
These Terms apply while you use the Services or hold an account. Either party may terminate for material breach not cured within 30 days of notice. We may suspend or terminate immediately for non-payment, violation of Section 5 or 6, legal risk, or to protect the Services or other users. On termination, your license and access end, and we may delete Customer Data after a reasonable period unless retention is legally required. Sections that by their nature should survive (including 7–15 and 19) survive termination.
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. Subject to Section 15, the state and federal courts located in Palm Beach County, Florida have exclusive jurisdiction, and you consent to that venue. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
We may update these Terms from time to time. We will post the updated version with a new date and, for material changes, provide reasonable notice. Your continued use of the Services after the effective date means you accept the updated Terms.
These Terms, together with our Privacy Policy, Cookie Policy, and any order form, are the entire agreement between us and supersede prior agreements on the subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure). Notices to you may be sent to your account email; notices to us must be sent to the address below.
MediaScale, LLC
480 Hibiscus Street, Ste 111
West Palm Beach, Florida 33401, United States
Email:
[email protected]
© 2026 MediaScale, LLC.