Terms of Service

These terms govern your use of Assembling by assembl(“Assembling”, “we”, “us”), the New Zealand in-product advertising network operated by ASSEMBL NZ LIMITED, a company registered in Aotearoa New Zealand. Assembling is an assembl venture. Its named, accountable owner is Kate Hudson, reachable at assembl@assembl.co.nz.

By installing the Assembling SDK, running a Assembling campaign, or otherwise using the network, you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.

1. What Assembling does

Assembling serves a single, calm line of sponsored New Zealand brand text inside the wait-states (“thinking…” or loading moments) of participating software. A second-price auction matches advertiser demand to publisher inventory. assembl operates the auction, the fraud checks and the payouts.

2. Publishers — the revenue split

If you install the SDK and serve Assembling inventory, you are a publisher. The standard split is 55% to the publisher and 45% to assemblof net advertising revenue attributable to your inventory. “Net revenue” means amounts actually received from advertisers for impressions served in your surfaces, less payment-processing fees, refunds, and amounts clawed back for invalid or fraudulent traffic.

• Our first three anchor publishers receive a 60% share for the life of their participation, as a launch incentive. That uplift is confirmed in writing at onboarding.
• Publisher earnings are calculated monthly and paid monthly in arrears, in NZD.
• We may withhold or reverse amounts attributable to traffic our fraud checks flag as invalid. We will tell you when we do.

3. Advertisers

If you run a campaign, you are an advertiser. You set a bid and a budget; the auction is second-price, so you never pay more than one cent above the next-highest bid. You are responsible for the lawfulness, accuracy and rights-clearance of your creative.

4. Advertising standards

All Assembling advertising must comply with the Advertising Standards Authority (NZ) codes, including the Advertising Standards Code, and with all applicable New Zealand law, including the Fair Trading Act 1986. Brand-safety controls are on by default: we do not carry gambling, alcohol or weapons inventory. We may decline or remove any creative at our discretion.

5. Acceptable use

• Do not attempt to inflate, spoof or manufacture impressions or clicks.
• Do not reverse-engineer, resell or sublicense the SDK except as these terms allow.
• Do not place Assembling inventory in unlawful, misleading or harmful surfaces.

6. Privacy

Assembling is built to be Privacy Act 2020 native. The SDK never reads prompts, content, code, files or user data. How we handle the limited data we do process is set out in our Privacy Policy, which forms part of these terms.

7. Liability

Nothing in these terms limits liability that cannot be limited by law, including under the Consumer Guarantees Act 1993 where it applies. Where you acquire Assembling for the purposes of a business, you agree the Consumer Guarantees Act does not apply.

Subject to the above, and to the maximum extent permitted by law: our total aggregate liability to you arising out of or in connection with Assembling is capped at the total amounts paid to or by you through Assembling in the three (3) months immediately before the event giving rise to the claim; and neither party is liable for indirect, consequential, or loss-of-profit damages. Assembling is provided “as is” while in pilot.

8. Term and changes

Either party may stop participating at any time on reasonable notice. Accrued payment obligations survive. We may update these terms; we will post the updated version here with a new “last updated” date and, for material changes, tell active participants.

9. Governing law

These terms are governed by the laws of New Zealand. The New Zealand courts have non-exclusive jurisdiction over any dispute, and you submit to that jurisdiction.

10. Contact

Questions about these terms go to Kate Hudson at assembl@assembl.co.nz.

These pages are a working draft prepared by assembl. They have not been reviewed by external counsel.