2.1.
Client may use the Discovery Platform and any data, reports, insights, trends, recommendations, audiences, segments, outputs, exports, or other materials made available through the Discovery Platform (“Discovery Outputs”) solely for Client’s advertising planning, campaign analysis, optimization, measurement, and, where enabled by Nexxen, activation through Nexxen’s approved platforms and services. Except as expressly permitted under the Agreement, Client shall not, and shall not permit any third party to: (a) sell, resell, license, sublicense, distribute, disclose, publish, white label, or otherwise make available the Discovery Platform or Discovery Outputs to any third party; (b) use the Discovery Platform or Discovery Outputs on behalf of any third party other than Client’s advertisers or agencies using the Discovery Platform for Client’s authorized business purposes; (c) use the Discovery Platform or Discovery Outputs to develop, train, enhance, benchmark, or validate any product or service that is competitive with Nexxen’s products or services; (d) scrape, crawl, extract, harvest, reverse engineer, decompile, disassemble, or otherwise attempt to derive the underlying source code, models, methodologies, algorithms, data sets, or non-public information used in connection with the Discovery Platform; (e) test or probe the Discovery Platform for vulnerabilities or service limitations; (f) circumvent any access controls, privacy controls, consent, opt-out, suppression, or other compliance functionality; or (g) use the Discovery Platform in any manner that may damage, disable, overburden, impair, or interfere with Nexxen’s systems or any third-party systems.
2.2.
Client Data. Client may only upload, enter, select, or otherwise make available first-party Imported Data to the Discovery Platform. For such Imported Data, or any related queries, keywords, brand terms, competitor terms, campaign data, or other information entered through the Discovery Platform (“Client Inputs”), Client represents and warrants that: (a) Client owns or has all rights, licenses, permissions, consents, and lawful bases necessary to use and provide the Client Inputs for the purposes contemplated by the Agreement; (b) Client has provided all required notices and obtained all required consents and permissions, and has honored all applicable opt-outs, withdrawals of consent, suppression requests, and other privacy choices; (c) the Client Inputs do not include any sensitive personal data, special categories of personal data, children’s data, precise location data, financial account data, health data, government identifiers, or other regulated data unless expressly approved in writing by Nexxen; and (d) Nexxen’s use of the Client Inputs as contemplated by the Agreement will not violate applicable law, industry guidelines, third-party rights, or any contractual restriction applicable to Client.
2.3.
Prohibited Uses. Client shall not use the Discovery Platform, Client Inputs, or Discovery Outputs: (a) to identify, re-identify, contact, profile, or make decisions about a specific individual; (b) to merge Discovery Outputs with personally identifiable information or other data in a manner intended to identify an individual; (c) for any eligibility, underwriting, pricing, lending, credit, insurance, employment, housing, healthcare, education, legal, or similarly significant decision; (d) to create or target audiences based on sensitive personal data, special categories of personal data, protected class status, or characteristics that would result in unlawful discrimination; (e) for exclusionary or discriminatory purposes; (f) to advertise illegal products or services or products or services prohibited by Nexxen’s policies; or (g) in violation of applicable law, self-regulatory rules, platform policies, or the Agreement.
2.4.
Activation Responsibility. Client is solely responsible for all decisions, settings, selections, queries, keywords, filters, audiences, exclusions, and other actions taken by Client or on Client’s behalf through the Discovery Platform. Nexxen is not responsible for Client’s reliance on Discovery Outputs or for any campaign, business, legal, compliance, privacy, or financial outcome resulting from Client’s use of the Discovery Platform, Client Inputs, or Discovery Outputs.
2.5.
Third-Party Data and Availability. The Discovery Platform may include, rely on, or interoperate with data, services, inventory, platforms, models, or tools provided by third parties. Nexxen is not responsible for the accuracy, completeness, availability, performance, or continued availability of any third-party data, services, inventory, platforms, models, or tools. Nexxen may modify, suspend, discontinue, replace, restrict, or remove any feature, data source, audience, report, output, integration, or functionality of the Discovery Platform at any time.