This version was superseded on 2026-10-21. It continues to govern insertion orders executed under it. Insertion orders executed from 2026-10-21 are governed by the current Advertising Terms (Version 2.0).
1. Applicability and Structure
1.1 These Advertising Terms and Conditions (the “Terms”) govern the purchase of advertising on the daily.dev platform from Daily Dev Ltd., a company organized under the laws of Israel with offices at 9 Derech HaTikva, Ganei Tikva, Israel 5591252 (“Publisher”), under one or more insertion orders that reference these Terms (each, an “IO”).
1.2 The party purchasing advertising under an IO is the “Advertiser”. Where an advertising agency executes an IO on behalf of an Advertiser (the “Agency”), Section 17 (Agency Provisions) also applies, and “Buyer” means Agency and Advertiser, individually and together. Where no Agency is involved, “Buyer” means Advertiser.
1.3 Each executed IO, together with these Terms and the Policies, forms a single agreement between Publisher and Buyer (the “Agreement”). In the event of any conflict or inconsistency, the order of precedence is: (a) the IO, including any appendices and special terms stated on it; (b) these Terms; and (c) the Policies.
1.4 The version of these Terms published at business.daily.dev/advertising-terms as of the IO effective date governs that IO. Publisher may update these Terms prospectively; updates do not apply to IOs executed before the update.
1.5 “Policies” means, collectively, Publisher’s Content Guidelines (docs.daily.dev/content-guidelines), which apply to Ads and Sponsored Content in the same way they apply to other content on the Platform, and Publisher’s advertising specifications made available at business.daily.dev or otherwise provided to Buyer in writing, in each case as updated from time to time. Material changes to the Policies will not apply to Advertising Materials already approved for a live flight, except where required by law or to address legal or Platform risk.
2. Definitions
“Ad” or “Advertising Materials” means the advertising creative, copy, images, links, landing page URLs, brand assets and related materials provided by or on behalf of Advertiser for display on the Platform.
“Platform” means Publisher’s owned and operated properties, including the daily.dev web application, browser extensions, mobile applications and the daily.dev Digest, together with developer-focused third party properties that participate in the daily.dev verified partner network and serve Ads exclusively through the System (the “Partner Network”).
“In-Feed Placement” means an Ad served as a native card within the daily.dev content feed. “Email Placement” means an Ad included in the daily.dev Digest or other email sent by Publisher, typically sold as a sponsorship slot for a stated audience and send or week. “Engagement Placement” means a fixed-fee brand sponsorship of a designated product surface on the Platform (such as branded tags, keyword spotlights, custom upvotes, tag page takeovers or profile stack placements) for the category and period stated on the IO. “Sponsored Content” means a technical post hosted and distributed by Publisher on the Platform under Advertiser’s byline, as described in Section 8.
“Deliverable” means the advertising inventory described on an IO. “Guaranteed Deliverable” means a Deliverable sold at a fixed CPM with a stated impression quantity, with a stated Read floor, or for a fixed fee. “Non-Guaranteed Deliverable” means any Deliverable that is not a Guaranteed Deliverable, including auction-priced or performance-priced Deliverables.
“Impression” means a display of an Ad as recorded by the System. For Email Placements, Impressions are recorded by means of an embedded tracking pixel. “Read” means a Platform user who opened a Sponsored Content post and consumed its content, as determined by the System.
“System” means Publisher’s advertising serving, measurement and reporting systems. “Third Party Measurement” means a third party measurement or verification service whose tags are designated on the IO.
“IVT” means invalid traffic, including general and sophisticated invalid traffic as described in applicable Media Rating Council (MRC) and IAB Tech Lab guidance.
3. IOs and Inventory
3.1 An IO is binding when executed by Publisher and Buyer. Electronic signatures are valid and binding. An IO issued by Publisher is open for acceptance for thirty days from its issue date unless the IO states otherwise; after that date, the quoted rates and inventory availability expire and a new IO is required.
3.2 Publisher will notify Buyer within two business days after receiving an executed IO if any specified inventory is unavailable, in which case the parties will agree on substitute inventory of comparable value or reduce the IO accordingly.
3.3 Modifications to an executed IO must be agreed in writing. Email between the parties’ designated contacts is sufficient.
4. Placement and Positioning
4.1 Publisher will serve Ads in accordance with the IO, including placement type, targeting and flight dates. Unless the IO limits placement to specific properties, Ads may serve across the Platform, including Partner Network properties. Within a placement type, the position of an Ad within the feed or Digest is determined dynamically by the System, with the objective of optimizing campaign performance.
4.2 Publisher will use commercially reasonable efforts to deliver Guaranteed Deliverables reasonably evenly over the flight where the flight length and quantities reasonably permit, and may include a launch burst where applicable to the placement.
4.3 Publisher retains sole control over the Platform, its content and its look and feel, and will label Ads and Sponsored Content as sponsored, promoted or similar as Publisher determines or as required by law.
4.4 Where Buyer provides multiple approved creative variants, Publisher may allocate delivery among those variants and adjust pacing to optimize performance within the IO parameters.
4.5 Material failure to deliver in accordance with the IO is addressed exclusively under Section 7 (Under-delivery and Makegoods), Section 8 (Sponsored Content) and Section 9 (Cancellation and Termination).
5. Advertising Materials
5.1 Buyer will deliver Advertising Materials that conform to the Policies (a) for In-Feed Placements and Engagement Placements, at least three business days before the flight start date, and (b) for Email Placements, at least five business days before the scheduled send, with final approvals completed at least two business days before the send. Timelines for Sponsored Content are set out in Section 8.
5.2 If Advertising Materials are late or non-conforming, Publisher will use commercially reasonable efforts to launch promptly after receiving conforming materials, the flight will be billed from the IO start date, and no makegood, credit or refund will be due for delay attributable to late or non-conforming materials.
5.3 Publisher may reject or remove any Ad that violates the Agreement, the Policies or applicable law, or that Publisher reasonably determines may harm the Platform or its audience. Publisher will notify Buyer of the reason, and Buyer may submit revised materials. Removal under this Section 5.3 does not relieve Buyer of payment for Deliverables already delivered.
6. Reporting, Measurement and Discrepancies
6.1 Publisher will make campaign delivery reporting available to Buyer through Publisher’s advertising dashboard and will confirm campaign launch within two business days after the flight start. For active campaigns, Publisher will provide weekly optimization recommendations covering areas such as targeting, creative and inventory mix. Publisher will provide a wrap report covering delivery and engagement within ten business days after the end of each campaign.
6.2 The System is the billing system of record, and fees are calculated based on System data, except as provided in Section 6.4.
6.3 Email Placements are measured by tracking pixel only, and JavaScript-based tags are not supported in email. Buyer acknowledges that mail client prefetching (including Apple Mail Privacy Protection) can inflate recorded opens and impressions, and that guaranteed quantities for Email Placements are the sends or pixel-recorded Impressions stated on the IO. Click data is provided as an engagement signal and is not guaranteed.
6.4 If the IO designates Third Party Measurement for a placement that technically supports it, and the third party count for an invoice period is lower than the System count by more than ten percent, the parties will work in good faith to reconcile the discrepancy. If the parties cannot reconcile within thirty days, the portion of the discrepancy above the ten percent threshold will be split evenly between the parties for billing purposes.
6.5 Publisher will not bill for delivery in excess of a stated IO quantity unless Buyer approves the excess in writing.
6.6 Where the IO states that Advertiser will use Publisher’s first party conversion pixel on Advertiser’s properties, Advertiser is responsible for disclosing that pixel in its privacy policy and obtaining any consents required by law, and the resulting conversion data constitutes Performance Data.
7. Under-delivery and Makegoods
7.1 If Publisher anticipates that a Guaranteed Deliverable will materially under-deliver, Publisher will notify Buyer promptly after becoming aware.
7.2 If a Guaranteed Deliverable (other than a Sponsored Content Read floor, which is addressed in Section 8.4) has under-delivered as of the flight end date, Publisher will by default extend the flight until the guaranteed quantity is delivered, for up to thirty additional days. If a shortfall remains after the extension, Buyer’s sole and exclusive remedies are, in the following order: (a) a makegood flight or substitute placement of comparable value agreed by the parties; and (b) if no makegood is agreed within fifteen business days after the end of the extension, a credit equal to the value of the remaining under-delivered portion, applied against amounts owed or future IOs.
7.3 Non-Guaranteed Deliverables are billed on actual delivery. Any estimates for Non-Guaranteed Deliverables are estimates only, and no makegoods, credits or refunds apply to them.
7.4 Publisher does not guarantee clicks, click-through rates, conversions, sign-ups, leads, pipeline, revenue or any other post-delivery outcome, and nothing in an IO will be construed as such a guarantee.
7.5 Deliverables provided at no charge (including bonus, added value or promotional media) are Non-Guaranteed Deliverables regardless of any stated quantity, which is an estimate only. No-charge Deliverables have no cash or credit value, are not eligible for makegoods, credits or refunds, are non-transferable, and lapse upon cancellation, expiration or termination of the applicable IO.
8. Sponsored Content
8.1 Scope. Sponsored Content is a technical post published on the Platform under Advertiser’s byline and distributed across the daily.dev feed and email digest, paced over the campaign period stated on the IO (approximately thirty days unless the IO states otherwise), with a launch burst. Sponsored Content is clearly labeled as sponsored.
8.2 Production, editorial review and approval. Buyer may provide a draft post for Publisher’s editing, or Publisher will produce the post based on Buyer’s brief. Publisher-edited and Publisher-produced posts are subject to Buyer’s approval before launch, and each party will respond to drafts within five business days. All posts are subject to Publisher’s editorial review against the Policies (including Publisher’s Content Guidelines) for technical quality, originality and audience fit, and Publisher may require revisions to, or decline, content that does not meet those standards, including content that is misleading, primarily promotional or otherwise unsuitable for the Platform. If the parties cannot agree on a final post within thirty days after the IO effective date, either party may cancel the affected line item, and Publisher will refund any prepaid amounts for that line item less the reasonable value of editorial production work performed.
8.3 License and ownership. As between the parties, Buyer owns the final post content. Buyer grants Publisher a non-exclusive, worldwide, royalty-free license to host, reproduce, format, adapt, publish, distribute and promote the post on the Platform and in Publisher’s email products, during and after the campaign period. Where the post republishes content from Buyer’s own property, Publisher will implement canonical referencing to Buyer’s designated URL. The hosted post may remain accessible on the Platform after the campaign period, and Publisher will remove it within ten business days after Buyer’s written request.
8.4 Read floor. The guaranteed metric for Sponsored Content is the Read floor stated on the IO. Impressions are reported separately and are not guaranteed unless the IO expressly states a guaranteed impression quantity. If the Read floor has not been met by the end of the campaign period, Publisher will first extend distribution for up to thirty additional days, and any shortfall remaining after the extension will be credited against amounts owed or future IOs or, if prepaid, refunded, in each case pro rata based on the value of the unmet portion of the Read floor. This is Buyer’s sole and exclusive remedy for Read floor under-delivery.
9. Cancellation and Termination
9.1 Buyer may cancel an IO or any line item without cause on prior written notice as follows: (a) Guaranteed Deliverables that are In-Feed Placements: ten business days; (b) Non-Guaranteed Deliverables: five business days; and (c) Email Placements, Engagement Placements, Sponsored Content, fixed-fee sponsorships and custom programs: thirty days, provided that any Email Placement scheduled to send within the notice period remains billable.
9.2 Buyer remains liable for all Deliverables delivered, and for custom creative, editorial production or development work performed, through the effective cancellation date.
9.3 Either party may terminate the Agreement or any affected IO if the other party materially breaches the Agreement and fails to cure within ten days after written notice. Publisher may suspend delivery on five days’ written notice if undisputed amounts are past due, and may terminate immediately on written notice if Buyer’s breach of Section 11 creates legal exposure or harm to the Platform.
9.4 Sections 8.3, 10 and 12 through 18, and any accrued payment obligations, survive expiration or termination of the Agreement.
10. Payment
10.1 Unless the IO states otherwise, Publisher invoices the full IO value at campaign launch (the flight start date stated on the IO) and, for campaigns with a flight longer than three months, invoices quarterly in advance at the start of each quarter of the flight. Publisher may condition launch on receipt of payment for Buyer’s first campaign, and may require prepayment or revised terms upon reasonable concerns about Buyer’s creditworthiness.
10.2 Invoices are payable in US dollars on net thirty (Net 30) terms, meaning within thirty days from the invoice date, without deduction, by the payment method stated on the invoice.
10.3 Buyer must raise any invoice dispute in writing, with reasonable detail, within thirty days after the invoice date. Undisputed portions remain payable when due, and invoices not disputed within that period are deemed accepted, absent fraud.
10.4 Publisher may charge interest on undisputed amounts that are more than fifteen days overdue, at the lesser of one and one half percent per month and the maximum rate permitted by applicable law.
10.5 Fees are exclusive of taxes. Buyer is responsible for applicable sales, use, VAT, GST and similar transaction taxes, excluding taxes on Publisher’s income.
10.6 Buyer may not set off or withhold amounts due under the Agreement, except for (a) credits issued by Publisher under this Agreement, (b) amounts Publisher agrees to in writing, or (c) amounts finally awarded by a court of competent jurisdiction.
11. Content, Compliance and Traffic Quality
11.1 Ads, Sponsored Content briefs and drafts provided by Buyer, and the products, services and landing pages they promote, must comply with the Policies and all applicable laws, including advertising disclosure and labeling requirements.
11.2 The Platform is dedicated to professional developer content. Publisher curates and moderates the Platform under its Content Guidelines, so Ads appear alongside technical and professional content intended for developers. Partner Network properties are developer-focused publications vetted by Publisher that serve Ads exclusively through the System. Publisher will use commercially reasonable efforts, consistent with those standards, to avoid placing Ads adjacent to content that is illegal, hateful or pornographic.
11.3 Publisher uses commercially reasonable technical measures, informed by applicable MRC and IAB Tech Lab guidance, to detect and filter IVT. Impressions that Publisher identifies as IVT are not billable.
11.4 Publisher is responsible for the compliance of the sending of its email products with laws applicable to Publisher as the sender, including opt-out handling. Buyer is responsible for the content of its Ads and for its own websites, products and communications.
11.5 Each party represents that neither it nor, to its knowledge, its beneficial owners are subject to sanctions administered by OFAC, the European Union, the United Kingdom or the United Nations, and each party will comply with applicable export control, sanctions and anti-corruption laws in performing the Agreement.
12. Data and Privacy
12.1 “Performance Data” means campaign delivery and performance data made available to Buyer for a campaign. “Platform Data” means data relating to the Platform, its users or Publisher’s audience, including targeting attributes, segments and Publisher’s targeting taxonomy. As between the parties, Publisher owns all Platform Data.
12.2 Buyer may use Performance Data for campaign reporting, optimization, billing reconciliation and internal analytics. Buyer will not use Performance Data or Platform Data to (a) retarget or identify Platform users, (b) build, append to or augment any user profile or segment, or (c) sell, license or disclose such data to any third party other than Buyer’s service providers bound by restrictions at least as protective as this Section. For clarity, this Section does not restrict Buyer’s use of data that Buyer collects on its own websites and landing pages, including retargeting users who click through to Buyer’s properties, which is governed by Buyer’s own privacy policy and applicable law.
12.3 Publisher does not disclose, sell or share Platform users’ personal data to Buyer in connection with campaigns. Targeting and delivery are performed by Publisher within the Platform, and campaign reporting is provided in aggregate form. To the extent a party independently processes personal data in connection with the Agreement, that party acts as an independent controller (or the equivalent designation under applicable US state privacy laws) of the personal data it processes, will comply with the data protection and privacy laws applicable to it (including, as applicable, the GDPR, the UK GDPR and US state privacy laws), and will maintain a publicly available privacy policy.
12.4 Publisher honors applicable opt-out preference signals, including the Global Privacy Control, and operates consent management where required by law. On request, the parties will enter into commercially reasonable supplemental data protection terms, including the IAB Multi-State Privacy Agreement if both parties are signatories.
12.5 Publisher will not use Buyer’s Confidential Information or Advertising Materials to train generative AI models. Buyer will inform Publisher if Advertising Materials contain synthetic or AI-generated depictions of identifiable real persons or otherwise require AI-related disclosure under applicable law, and Buyer is responsible for the legal compliance of AI-generated content it provides.
13. Warranties and Disclaimer
13.1 Each party represents and warrants that it has the full right, power and authority to enter into and perform the Agreement, and that its performance will not violate any other agreement by which it is bound.
13.2 Buyer represents and warrants that (a) it holds all rights necessary for Publisher to use the Advertising Materials and any Buyer-provided Sponsored Content drafts as contemplated by the Agreement, (b) the Advertising Materials, and the products, services and landing pages they promote, are lawful, truthful, not misleading and free of malware or harmful code, and (c) its Ads comply with the Policies.
13.3 EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE PLATFORM, THE SYSTEM AND ALL SERVICES ARE PROVIDED “AS IS”, AND PUBLISHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CAMPAIGN WILL ACHIEVE ANY PARTICULAR RESULT.
14. Indemnification
14.1 Buyer will defend Publisher and its officers, directors and employees against any third party claim arising out of (a) the Advertising Materials, Buyer-provided Sponsored Content drafts or briefs, or the products, services or landing pages they promote, including claims of intellectual property infringement, false or deceptive advertising or violation of law, or (b) Buyer’s breach of Section 11, 12 or 13.2, and Buyer will indemnify Publisher against damages, costs and reasonable attorneys’ fees finally awarded on, or agreed in settlement of, such claims.
14.2 Publisher will defend Buyer against any third party claim that the Platform technology (excluding Advertising Materials, Buyer-provided content and third party content) infringes that third party’s United States intellectual property rights, or arising out of Publisher’s breach of Section 12 as it applies to Publisher, and Publisher will indemnify Buyer against damages, costs and reasonable attorneys’ fees finally awarded on, or agreed in settlement of, such claims.
14.3 The indemnified party will provide prompt written notice of the claim, reasonable cooperation, and sole control of the defense and settlement to the indemnifying party, provided that no settlement imposing liability or an admission on the indemnified party may be made without its consent.
15. Limitation of Liability
15.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE UNDER THE APPLICABLE IO DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15.3 THE EXCLUSIONS AND CAP IN THIS SECTION 15 DO NOT APPLY TO (A) BUYER’S PAYMENT OBLIGATIONS, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14, (C) A PARTY’S BREACH OF SECTION 16, OR (D) A PARTY’S FRAUD OR WILLFUL MISCONDUCT.
16. Confidentiality
16.1 “Confidential Information” means non-public information disclosed by one party to the other in connection with the Agreement that is designated confidential or that reasonably should be understood to be confidential, including the terms and pricing of each IO. Confidential Information does not include information that (a) is or becomes public through no fault of the recipient, (b) was known to the recipient without restriction before disclosure, (c) is received from a third party without breach of an obligation of confidentiality, or (d) is independently developed without use of the discloser’s Confidential Information.
16.2 The recipient will use Confidential Information only to perform the Agreement, will protect it with at least reasonable care, and will not disclose it except to employees, affiliates and professional advisors with a need to know who are bound by confidentiality obligations at least as protective. The recipient may disclose Confidential Information to the extent required by law or legal process, with prompt notice to the discloser where legally permitted.
16.3 These obligations continue for three years after termination of the Agreement and, for trade secrets, for as long as they remain trade secrets.
17. Agency Provisions
This Section 17 applies where an Agency executes an IO on behalf of an Advertiser.
17.1 Agency represents and warrants that it is the authorized agent of the Advertiser identified on the IO, with authority to bind Advertiser to the IO and these Terms, and Agency will provide written confirmation of that authority on Publisher’s request.
17.2 Agency and Advertiser are jointly and severally liable for all amounts payable under the IO. Payment by Advertiser to Agency does not discharge Buyer’s obligations to Publisher except to the extent such amounts are actually received by Publisher.
17.3 Publisher will invoice Agency at the billing address or through the invoicing platform stated on the IO. Agency will promptly provide the routing, portal and purchase order information reasonably required to submit invoices. Failure to provide that information does not extend the due date of any invoice.
17.4 On Publisher’s request, Agency will keep Publisher reasonably informed of the status of Advertiser’s payment for amounts invoiced under the IO.
18. General
18.1 Neither party is liable for failure or delay caused by events beyond its reasonable control, provided that force majeure does not excuse payment for Deliverables already delivered. If a force majeure event continues for five business days, either party may cancel the affected remainder of the IO without penalty.
18.2 The parties are independent contractors. The Agreement is non-exclusive, and Publisher may enter into similar agreements with others, including Buyer’s competitors.
18.3 Neither party may assign the Agreement without the other party’s prior written consent, not to be unreasonably withheld, except to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of its assets or equity, with written notice.
18.4 Notices must be in writing and sent by email to the addresses stated on the IO, and are deemed received on the next business day after transmission.
18.5 The Agreement is governed by the laws of the State of New York, without regard to its conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in New York County, New York have exclusive jurisdiction over any dispute arising out of or relating to the Agreement, and each party consents to that jurisdiction and venue and waives trial by jury. The prevailing party in any proceeding is entitled to recover its reasonable attorneys’ fees and costs.
18.6 The Agreement is the entire agreement of the parties regarding its subject matter and supersedes all prior discussions and agreements on that subject. Terms on Buyer’s purchase orders or procurement portals do not apply, even if referenced or required for invoice processing. Amendments must be in writing and signed by both parties. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. No waiver is effective unless in writing, and no failure to enforce is a waiver. There are no third party beneficiaries. The Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original.
Questions? Contact our legal team.