Effective Date: January 16, 2025
By accessing or using the AdBid platform and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services. We may modify these Terms at any time, and such modifications will be effective immediately upon posting.
AdBid provides an advertising optimization platform that includes:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.
To use the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services only for your internal business purposes and not to resell or redistribute the Services without our written consent.
You agree not to:
You agree to pay all fees associated with your use of the Services according to the pricing plan you select. Fees are based on a percentage of your advertising spend and are calculated monthly.
We accept payment via credit card, ACH transfer, or wire transfer. You authorize us to charge your selected payment method for all fees due.
Late payments may result in:
All fees are non-refundable except as required by law or as explicitly stated in these Terms. Free trial periods are offered at our discretion and may be modified or discontinued at any time.
The Services, including all software, algorithms, designs, text, graphics, logos, and other content, are owned by AdBid or our licensors and are protected by intellectual property laws. You may not use our intellectual property without our written permission.
You retain ownership of any content you upload to the Services ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing the Services.
Any feedback, suggestions, or ideas you provide about the Services become our property and may be used without compensation to you.
The Services integrate with third-party advertising platforms (Meta, Google, TikTok, etc.). Your use of these integrations is subject to the terms and policies of those third parties.
You are responsible for complying with all third-party terms and policies when using our Services. We are not responsible for any third-party services or their actions.
By connecting third-party accounts, you authorize us to access and use data from those accounts as necessary to provide the Services.
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.
We process data in accordance with applicable data protection laws, including GDPR and CCPA. You represent that you have all necessary rights and consents to share data with us.
We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.
We strive to maintain high availability but do not guarantee uninterrupted access to the Services. The Services are provided "as is" and "as available."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee any specific results from using the Services, including but not limited to advertising performance, ROI, or conversion rates.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADBID AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless AdBid and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the arbitration requirement, either party may seek injunctive relief in court for violations of intellectual property rights or confidentiality obligations.
We commit to maintaining 99.9% uptime for the Services, measured monthly, excluding scheduled maintenance.
If we fail to meet the uptime commitment, you may be eligible for service credits:
Service credits do not apply to downtime caused by factors outside our control, including but not limited to natural disasters, third-party service failures, or your actions.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our APIs solely for your internal business purposes.
API usage is subject to rate limits as specified in our documentation. Exceeding rate limits may result in temporary or permanent suspension of API access.
We may modify or discontinue APIs with reasonable notice. We are not liable for any damages resulting from API changes.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not on any U.S. government list of prohibited or restricted parties.
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and AdBid.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
Provisions relating to intellectual property, indemnification, limitation of liability, and dispute resolution shall survive termination of these Terms.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have any questions about these Terms, please contact us at:
AdBid Legal Department
Email: [email protected]
Address: 123 Market Street, Suite 500
San Francisco, CA 94103
United States
Phone: +1 (415) 555-0100
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.