Terms and conditions for publishers and advertisers

Updated at 2025-03-08.

These terms apply to the entire website and any email or other type of communication between you and BidBuilder.

Under no circumstances shall BidBuilder team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if BidBuilder team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

License

BidBuilder grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and BidBuilder (referred to in these Terms & Conditions as "BidBuilder", "us", "we" or "our"), the provider of the BidBuilder website and the services accessible from the BidBuilder website (which are collectively referred to in these Terms & Conditions as the "BidBuilder Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the BidBuilder Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions

For the purposes of this Agreement, the parties agree that, when used capitalized herein, the following terms shall have the following meanings unless they are otherwise defined in this Agreement:

Advertiser(s): means one or more customers of BidBuilder which create the Advertising Material, and authorize BidBuilder as its intermediary to include it on the Publisher’s Website(s).

Advertising Material: means the text, graphics, logos, designs, trademarks and copyrights for any type of advertising including, but not limited to banners, text ads, direct URLs, pop-ups and pop-unders created by an advertiser.

Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Private Social AG, Vorderlinden 2, 6374 Buochs, Switzerland that is responsible for your information under this Terms & Conditions.

Country: where BidBuilder or the owners/founders of BidBuilder are based, in this case is Switzerland.

Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit BidBuilder and use the services.

Publisher(s): BidBuilder’ customers responsible for the distribution of online Advertising Material on its Website(s).

Publisher´s Website(s): the space, including without limitation, homepage, website or e-mail, where the Publisher(s) incorporate or embed the Advertising Material.

Ad Exchange Platform: the technology and service that places advertisements on Websites.

Impressions: the number of times Advertising Material is served to a person visiting the Publisher’s Website(s).

Clicks: the number of times Advertising Material are clicked from the person visiting the Publisher’s Website(s).

Service(s): refers to the service provided by BidBuilder and on this platform.

Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

Website: site, which can be accessed via this URL: www.bidbuilder.io

You: a person or entity that is registered with BidBuilder to use the Services.

Object

By virtue of this Agreement Advertiser(s) markets and advertises their goods and services using Advertising Material and Publisher(s) incorporates or embeds the Advertising Material into the Publisher´s Website(s) through BidBuilder Network using the Ad Exchange Platform.

BidBuilder is a service provider and has no effective knowledge about the content in the Publisher´s Website(s) and/or the Advertising Material created by the Advertiser(s), which is published in the Publisher´s Website(s). Publisher and Advertiser are the only responsible parties for such content and will always hold BidBuilder harmless for any responsibility, infringement, damage or loss in relation to such content. If any content is illegal or violates any law in general, and in particular, any intellectual property laws, please request the removal to BidBuilder at lisa@bidbuilder.io so we can remove and prevent access to it.

You also acknowledge and agree that BidBuilder shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BidBuilder does not assume and liable or responsible to You or any other person or entity for any Third-Party Services.

If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Restrictions

You agree not to, and you will not permit others to:

Publisher’s and Advertiser’s obligations

BidBuilder has the right to deny the affiliation of a Publisher at any time. In the event of a denial, Publisher shall not be entitled to the payment of the revenue. It is the Publisher’s obligation to make sure it complies, at all times, with BidBuilder’ eligibility rules.

Publishers Website(s) shall not violate any law, regulation, rule or custom or violate, infringe or misappropriate any person’s or entity’s rights, including without limitation any property or privacy rights, including intellectual property rights.

BidBuilder does not control or monitor Publishers Website(s). However, a Website may be brought to its attention or may be checked for any reason. BidBuilder may close Publisher’s account without prior notification. In such a case, as a penalty for the breach of this Agreement Publisher shall not be entitled to the payment of any amounts remaining in its Wallet, regardless of any other or further liability incurred by the Publisher.

In any case, Publisher(s) represents and warrants to BidBuilder that:

Publishers who are operating a network with Sub-Publishers themselves hereby guarantee to communicate this Agreement to their Sub-Publishers and to monitor and enforce their compliance. Publishers will be held liable for the conduct of their Sub-Publishers.

Advertiser(s) represents and warrants not to offer or promote illegal products or services, fake documents or copied material.

Advertiser will indemnify and hold BidBuilder harmless of any liabilities, losses or damages of any nature which are directly or indirectly derived from Advertiser’s infringements of this Agreement.

Misuse

Any form of misuse, i.e. procuring business transactions by unfair methods or inadmissible means that violate applicable law or this Agreement, is prohibited. For Publishers it is especially prohibited to obtain commissions by procuring business transactions themselves or through a third person using the Advertising Material, tracking links and/or other technical aids provided to them in the context of the BidBuilder Platform.

BidBuilder’ ad server will be the official counter for determining the number of Advertising Material delivered under and amounts payable under this Agreement. Any way of inflating the volume of impressions or clicks (e.g. by generating automatic or fraudulent click-through) is forbidden. Counts of impressions or clicks will be decided solely on the basis of reports generated by BidBuilder’ Advertising Network.

Any form of misuse will lead to the blocking of the Publishers’ accounts immediately.

You agree to indemnify and hold BidBuilder and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of BidBuilder and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall BidBuilder or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if BidBuilder or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination of Agreement

This Agreement shall remain in effect until terminated by you or BidBuilder.

BidBuilder may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from BidBuilder, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website.

Upon termination of this Agreement, you shall cease all use of the website.

Termination of this Agreement will not limit any of BidBuilder's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Confidentiality

A Party (the “Disclosing Party”) may, from time to time, disclose to the other (the “Receiving Party”) certain information relating to the Disclosing Party’s:

The Disclosing Party and the Receiving Party acknowledge that Confidential Information will be provided at the sole discretion of the Disclosing Party, and nothing in this IO obligates the Disclosing Party, its directors, agents or employees to disclose or grant to the Receiving Party access to any Confidential Information.

Unless expressly authorized in writing by the Disclosing Party, the Receiving Party covenants and agrees:

Cookies

BidBuilder uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Publisher’s privacy policy available to end users shall disclose that third party advertisers may place cookies on the browsers of visitors to Publisher’s Website(s). In accordance to EU Directive 2002/58/EC as amended by Directive 2009/136/EC, Publishers must provide end users with clear and comprehensive information regarding any devices (such as cookies or local shared objects) in use at their websites. Publishers must also implement an opt-in system which ensures that the prior and informed consent is obtained from end users in the European Union before any such devices are used or installed in the end users’ terminal equipment.

Each party warrants to the other that, during the term of this Agreement, it shall comply with all applicable rules and regulations (including but not limited to laws governing privacy, and data protection).

Indemnification

You agree to indemnify and hold BidBuilder and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Non-solicitation

During the term of this Agreement, and any renewal thereof, and for one (1) year after its termination for any reason, Advertiser agrees that it will not do business directly or indirectly with any Publisher listed on the BidBuilder Network, or directly or indirectly solicit or induce such Publisher to do business directly with the Advertiser. Advertiser understands and agrees that this prohibition is a key consideration and inducement for BidBuilder to enter into this Agreement with Advertiser, and to provide the services hereunder.

Governing law and jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of Switzerland without regard to its conflict of laws provision.

For any matter related to the interpretation or execution of this Agreement, the parties agree to submit to the sole competence and jurisdiction of the Courts of Stans.

Force majeure

Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this Agreement upon written notice.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by BidBuilder on the Services, shall constitute the entire agreement between you and BidBuilder concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Assignment

BidBuilder is hereby authorized to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party provided that the assignee shall assume all rights and obligations under this Agreement.

Publisher/Advertiser shall not assign, sublicense, delegate or otherwise transfer any of its rights or obligations. However, Publisher/Advertiser may, without the consent of BidBuilder, assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee shall assume in writing all rights and obligations under this Agreement.

Relationship of Parties. The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. This Agreement will not be construed to create or imply any partnership, agency, joint venture or formal business entity of any kind.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

The Agreement constitutes the entire agreement between you and BidBuilder regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and BidBuilder.

You may be subject to additional terms and conditions that apply when you use or purchase other BidBuilder's services, which BidBuilder will provide to you at the time of such use or purchase.

The information and documents provided by Publisher(s) and Advertiser(s) to BidBuilder shall be also considered as part of this Agreement.

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