TERMS AND CONDITIONS
SimpleBid UG (haftungsbeschränkt)
Last updated: 17 September 2026
These Terms and Conditions govern the use of the SimpleBid platform and all campaign booking, media buying, programmatic advertising, local advertising, creative production, AI-supported content creation, custom video production, creative adaptations, reporting and related services provided by SimpleBid UG (haftungsbeschränkt).
1. Provider Information
1.1 The SimpleBid platform and related services are provided by:
SimpleBid UG (haftungsbeschränkt)
Schäferkampsallee 11
20357 Hamburg
Germany
Commercial Register: Local Court of Hamburg, HRB 198220
VAT ID No.: DE461388677
Represented by its Managing Directors:
Cesar Masumbuku
Michael Bradley
Contact: support@simplebid.io
Website: simplebid.io
1.2 “SimpleBid”, “we”, “us” and “our” refer to SimpleBid UG (haftungsbeschränkt).
2. Scope of Application
2.1 These Terms apply to all contracts, registrations, Platform accounts, Campaign bookings, media services, Local packages, AI Spot services, Custom AI Productions, Creative & Social Add-ons, reporting services and other services provided by SimpleBid.
2.2 These Terms apply exclusively to entrepreneurs within the meaning of section 14 BGB, companies, legal entities under public law and special funds under public law.
2.3 Consumers are not permitted to use the Platform or purchase services under these Terms.
2.4 By registering, creating an account, booking a Campaign, ordering creative services, uploading Advertising Materials or otherwise using the Platform, the Customer confirms that it acts exclusively for commercial or independent professional purposes.
2.5 Any terms and conditions of the Customer shall not apply unless SimpleBid expressly accepts them in Text Form.
2.6 Individual agreements between SimpleBid and the Customer take precedence over these Terms.
2.7 Mandatory statutory provisions remain unaffected.
3. Definitions
3.1 Platform means the digital platform operated by SimpleBid for planning, configuring, booking, managing, delivering, billing and analysing advertising Campaigns and related creative services.
3.2 Customer means the business customer contracting with SimpleBid.
3.3 Campaign means any advertising campaign created, booked, configured, managed or delivered through or by SimpleBid.
3.4 Media Budget means the net amount allocated to paid media delivery, excluding VAT, creative-production fees, AI Spot fees, Custom Production fees, licensing fees and other separately invoiced services unless expressly agreed otherwise.
3.5 Advertising Material means any advertising or campaign-related content, including videos, commercials, images, audio, text, trademarks, logos, claims, product information, prices, addresses, landing pages, URLs, calls to action and tracking parameters.
3.6 Customer Clip means any Advertising Material provided by or on behalf of the Customer.
3.7 AI Spot means a primarily AI-supported advertising video created by or through SimpleBid within the standard production scope set out in section 10.
3.8 Custom AI Production or Custom Production means an individually produced advertising video created using AI-supported production tools together with material manual creative, editorial or production work by SimpleBid personnel or production partners.
3.9 Created Clip means an AI Spot, Custom Production, adaptation, Variant or other advertising video created or materially adapted by or through SimpleBid.
3.10 Adaptation means a derivative version of an existing approved master asset for another platform, format, duration, aspect ratio, location or Campaign use.
3.11 Variant means an Adaptation derived from an approved AI Spot, Custom Production or other Created Clip.
3.12 Creative & Social Add-on means a separately booked Adaptation or package of Adaptations for use on additional advertising or social-media channels.
3.13 DSP or Demand-Side Platform means a technology platform used for automated or programmatic media buying.
3.14 Publisher, Media Partner, Inventory Partner or Supply Partner means any broadcaster, streaming service, app, website, media owner, supply-side platform, exchange, reseller, network or other advertising-inventory provider.
3.15 Business Day means Monday through Friday excluding public holidays at SimpleBid’s registered office in Hamburg.
3.16 Text Form has the meaning of section 126b BGB and includes email unless stricter form is required by law.
4. Services
4.1 SimpleBid provides technology-supported services for planning, booking, managing, delivering and analysing digital video advertising Campaigns.
4.2 Supported environments may include Connected TV, streaming, mobile, tablet and other digital-video environments.
4.3 Depending on the booked product, SimpleBid may provide media buying, Campaign setup, targeting, optimisation, creative production, AI Spot creation, Custom Production, Adaptations, reporting and Campaign support.
4.4 SimpleBid may use third-party DSPs, Publishers, ad servers, supply-side platforms, AI providers, stock providers, editing software, measurement providers, hosting services, payment providers and other subcontractors.
4.5 Unless expressly agreed otherwise, SimpleBid owes the proper performance of the agreed services but does not guarantee any particular economic or commercial result.
4.6 In particular, SimpleBid does not guarantee sales, enquiries, leads, conversions, clicks, installs, website visits, customer acquisition, revenue increases or brand awareness.
4.7 Unless expressly confirmed in Text Form, no delivery on a particular broadcaster, Publisher, streaming service, programme, website, app, device or inventory source is guaranteed.
5. Customer Accounts
5.1 Certain SimpleBid services may require registration.
5.2 The Customer must provide complete, accurate and current company, billing and contact information.
5.3 The Customer must ensure that only authorised persons use the Customer account.
5.4 Login credentials must be protected against unauthorised access.
5.5 The Customer must notify SimpleBid without undue delay if it becomes aware of unauthorised account access.
5.6 SimpleBid may temporarily restrict Platform access where reasonably necessary for security, legal compliance, payment protection or prevention of misuse.
6. Contract Formation
6.1 Product descriptions, pricing pages and Platform configurations generally constitute invitations to submit an offer and not binding offers by SimpleBid.
6.2 The Customer submits a binding offer by completing a booking, accepting a quotation, placing an order or otherwise instructing SimpleBid to provide specified services.
6.3 A contract is concluded when SimpleBid expressly confirms the order, confirms or activates the Campaign, marks the Campaign as booked or scheduled, or begins performance.
6.4 Acceptance may be subject to payment, inventory availability, technical review, compliance review, creative approval and approval by third-party partners.
6.5 SimpleBid may reject an order before acceptance for reasonable technical, legal, compliance, commercial or payment-risk reasons.
7. Product and Pricing Architecture
7.1 General
7.1.1 SimpleBid offers three principal commercial product categories:
SimpleBid Standard,
SimpleBid Local, and
Creative & Social Add-ons.
7.1.2 AI Spot Creation and Custom AI Production may be purchased in connection with a media Campaign or, where offered, as standalone creative services.
7.1.3 Unless otherwise stated, all prices are net prices exclusive of VAT.
7.1.4 The price displayed or confirmed before the Customer submits a binding booking applies.
7.1.5 Individual pricing agreed in Text Form takes precedence over standard pricing.
7.2 SimpleBid Standard
SimpleBid Standard is intended for scalable Connected TV and streaming Campaigns billed primarily on a CPM basis.
Unless otherwise agreed, the standard pricing starts at:
Second Streamer: EUR 12 CPM
Multi-Device: EUR 15 CPM
Connected TV: EUR 20 CPM
The standard minimum Media Budget is EUR 500 net per Campaign unless otherwise agreed.
The actual CPM applicable to a Campaign depends on Media Budget, inventory, targeting, Campaign configuration, availability and the pricing tier displayed or confirmed before booking.
7.3 Second Streamer
Second Streamer is designed primarily for supported mobile and tablet digital-video inventory.
The applicable CPM will be displayed or confirmed before booking.
7.4 Multi-Device
Multi-Device is designed for cross-screen delivery across supported Connected TV, mobile, tablet and other digital-video environments.
The applicable CPM will be displayed or confirmed before booking.
7.5 Connected TV
Connected TV is designed primarily for premium big-screen and Connected TV advertising environments.
References to “premium”, “big screen”, “living-room inventory” or similar wording describe an intended inventory category and do not guarantee delivery on any specific Publisher or streaming service.
7.6 “From” Pricing
Where a product is advertised using “from”, “starting at” or equivalent wording, the price refers to the lowest available standard price for Campaigns satisfying the applicable conditions.
The final price will be displayed or confirmed before the booking becomes binding.
8. SimpleBid Local
8.1 General
SimpleBid Local is designed for local businesses, including restaurants, cafés, retail stores, fitness studios, service businesses, events and small chains.
SimpleBid Local products are offered as fixed-price packages rather than publicly communicated CPM products.
8.2 Local Weekend Test
Unless otherwise agreed:
Price: EUR 150 net, one-time.
The package may include:
local Campaign setup,
local geo-targeting,
weekend Campaign delivery,
basic creative services, and
basic reporting.
8.3 Local Weekend Plus
Unless otherwise agreed:
Price: EUR 299 net, one-time.
The package includes an extended weekend Campaign scope compared with Local Weekend Test.
8.4 Local Monthly Starter
Unless otherwise agreed:
Price: from EUR 499 net per calendar month.
The package may include ongoing local Campaign delivery, geo-targeting optimisation and recurring reporting.
8.5 Local Monthly Growth
Unless otherwise agreed:
Price: from EUR 899 net per calendar month.
The package includes an extended monthly Campaign scope compared with Local Monthly Starter.
8.6 Multi-Branch
Unless otherwise agreed:
Price: from EUR 399 net per location per calendar month.
A minimum of three locations applies unless otherwise agreed.
The package may include location-specific Campaign delivery, local geo-targeting, location-specific calls to action, creative adaptations and central reporting.
8.7 Local Price Determination
Where Local packages use “from” pricing, the final price may depend on the number of locations, geographic coverage, targeting radius, Campaign duration, creative requirements, inventory requirements and Campaign scope.
The final applicable price will be confirmed before the booking becomes binding.
8.8 Local Delivery
Local products are fixed-price service packages.
Within the agreed package scope, SimpleBid may determine and optimise the allocation of the package price between media inventory, Campaign setup, management, optimisation, reporting and included creative services.
Unless expressly agreed otherwise, no specific CPM, impression volume, reach, frequency, Publisher, inventory source or Campaign result is guaranteed.
SimpleBid nevertheless remains obliged to provide the services agreed for the relevant package.
8.9 Duration and Termination of Monthly Local Packages
Monthly Local packages run for an indefinite period unless otherwise agreed.
Either party may terminate a Monthly Local package with 14 calendar days’ notice to the end of a calendar month.
Termination affects future service periods only.
Fees and costs already validly incurred or irrevocably committed before the effective termination date remain payable.
This includes media inventory and non-cancellable third-party costs.
Unless otherwise agreed, Monthly Local packages are invoiced or charged in advance.
9. Payment
9.1 Unless otherwise agreed, all SimpleBid services are prepaid.
9.2 This applies in particular to Media Budgets, Local packages, AI Spots, Custom AI Productions, Adaptations and other creative services.
9.3 SimpleBid is not obliged to purchase or reserve inventory or begin production before amounts due in advance have been successfully paid or authorised.
9.4 Campaign start dates are subject to timely payment, inventory availability, creative approval and required third-party approvals.
9.5 SimpleBid may grant invoice or post-payment terms to selected Customers.
9.6 Unless otherwise stated, invoices are payable within seven calendar days.
9.7 Statutory rights regarding late payment and default remain unaffected.
9.8 The Customer may set off counterclaims where such counterclaims are undisputed, finally adjudicated or arise from the same contractual relationship.
9.9 Statutory rights of retention remain unaffected.
10. Standard AI Spot Creation
10.1 Price
Unless otherwise agreed, the standard price for one AI Spot is:
EUR 990 net.
10.2 Standard Scope
The standard AI Spot package generally includes:
one AI-supported advertising video,
a duration of up to 30 seconds,
one primary format,
one core creative concept,
basic script development,
AI-supported visual production,
integration of agreed Customer branding,
one standard voice-over concept where applicable,
up to two reasonable revision rounds, and
one final approved export.
10.3 Standardised Production
The Customer acknowledges that the standard AI Spot is a standardised and predominantly AI-supported creative product.
SimpleBid may use automated workflows, templates, AI generation, editing software and other production tools.
The standard AI Spot does not include extensive bespoke manual production unless expressly agreed.
10.4 Excluded Services
Unless expressly agreed, the standard AI Spot does not include:
multiple independent concepts, live-action production, paid actors, influencers, extensive custom animation, complex 3D production, premium third-party licenses, raw files, project files, source files, internal prompts, unlimited revisions, multiple languages or multiple delivery formats.
Such services may be separately charged.
11. Custom AI Production
11.1 Nature of Custom Production
Custom AI Production is an individually produced advertising video created using both AI-supported production tools and material manual creative or production work by SimpleBid personnel or production partners.
Custom Production may be based on an existing AI Spot, Customer Clip or other approved master asset, or may be developed as a new bespoke production.
11.2 Custom Production with Media
Where Custom AI Production is purchased in connection with an active SimpleBid media Campaign:
Price: from EUR 1,990 net.
11.3 Custom Production Standalone
Where Custom AI Production is purchased without an active SimpleBid media Campaign:
Price: from EUR 2,490 net.
11.4 Final Price
The final price depends on the agreed production scope.
Relevant factors may include creative complexity, manual production time, number of scenes, duration, required AI generation, graphics, audio work, number of formats, languages, external licenses and revision requirements.
The final price will be confirmed before production begins.
11.5 Standard Custom Production Scope
Unless otherwise agreed, Custom AI Production may include:
one individually produced advertising video,
duration of up to 30 seconds,
one primary delivery format,
manual creative editing,
individual scene selection,
AI-supported scene generation,
visual refinement,
typography and graphic adjustments,
call-to-action integration,
manual pacing and timing,
sound or voice adjustment,
manual quality control,
up to two reasonable revision rounds, and
one final approved export.
11.6 Excluded Services
Unless expressly agreed, Custom Production does not include live-action filming, physical production sets, actors, influencers, travel, studio rental, extensive original music production, complex 3D animation, unlimited revisions, unlimited concepts, multiple language versions, raw production files or editable project files.
Additional services may be separately charged.
11.7 Scope Changes
Customer requests materially expanding the agreed production scope may result in additional charges.
SimpleBid will inform the Customer of materially additional charges before carrying out the relevant additional work.
12. Creative & Social Add-ons
12.1 General
Creative & Social Add-ons are Adaptations of an existing approved master asset for additional advertising channels, social-media platforms, aspect ratios, durations, locations or Campaign purposes.
12.2 Pricing with Active Media Campaign
Unless otherwise agreed:
1 Adaptation: EUR 149 net
3 Adaptations: EUR 399 net
5 Adaptations: EUR 599 net
10 Adaptations: EUR 999 net
12.3 Standalone Pricing
Where purchased without an active SimpleBid media Campaign:
1 Adaptation: EUR 249 net
3 Adaptations: EUR 599 net
5 Adaptations: EUR 899 net
10 Adaptations: EUR 1,499 net
12.4 Scope of an Adaptation
An Adaptation remains based on an existing approved master asset.
It may include crop, resize, reformatting, re-editing, shorter cutdowns, aspect-ratio changes, text overlays, call-to-action adjustments, location-specific information and technically necessary re-rendering.
12.5 What Is Not an Adaptation
Unless expressly agreed, an Adaptation does not include a materially new creative concept, materially new script, substantially new scenes, independent creative direction or a complete new production.
Such work may be treated as Custom AI Production.
12.6 Location-Specific Adaptations
SimpleBid may offer location-specific Adaptations, including within Multi-Branch Campaigns.
Where separately priced, the applicable price will be displayed or confirmed before booking.
13. Revision Rules
13.1 A revision round means one consolidated set of Customer comments submitted at the same time.
13.2 Separate feedback provided at different times may constitute separate revision rounds.
13.3 Revisions must remain within the agreed production scope.
13.4 A request for a materially new concept, new script, new Campaign direction or substantially new visual content is not a revision.
13.5 Additional revision rounds may be charged separately.
14. AI-Generated and Synthetic Content
14.1 AI Spots, Custom Productions, Adaptations and Created Clips may contain content generated or materially modified using artificial intelligence.
14.2 Such content may include synthetic persons, synthetic voices, synthetic scenes, synthetic environments and synthetic product presentations.
14.3 Unless expressly stated otherwise, synthetic content should not be understood as depicting an actual person, actual event or actual instance of product use.
14.4 Certain AI-generated or manipulated content may be subject to transparency, disclosure, marking or labelling obligations under applicable law.
14.5 Each party remains responsible for statutory obligations applicable to that party in its respective legal role.
14.6 Nothing in these Terms transfers or excludes statutory obligations that cannot legally be transferred or excluded.
14.7 The Customer is responsible for transparency, disclosure or labelling obligations arising specifically from the Customer’s independent publication, modification or distribution of a Created Clip outside Campaigns delivered through SimpleBid.
14.8 For Campaigns delivered through SimpleBid, the Customer must inform SimpleBid before final creative approval of Customer-specific regulatory, contractual or industry requirements of which the Customer is aware.
14.9 Where SimpleBid is aware that a DSP, Publisher, Media Partner or platform requires disclosure or labelling for the relevant Campaign, SimpleBid may inform the Customer or implement an appropriate disclosure.
14.10 SimpleBid may add or require disclosure that content was artificially generated or manipulated where required by law or applicable platform requirements.
14.11 AI labelling does not replace the Customer’s obligation to ensure that factual claims, offers, product information and prices supplied or approved by the Customer are accurate and not misleading.
15. Customer-Provided Advertising Materials
15.1 Customer-provided Advertising Materials must comply with applicable technical specifications.
15.2 The Customer is responsible for the legal clearance of Customer-provided Advertising Materials.
15.3 SimpleBid may technically adapt Customer materials, including by transcoding, compressing, resizing or reformatting.
15.4 Technical processing does not constitute legal approval.
16. Creative Review and Approval
16.1 The Customer must review Created Clips without undue delay.
16.2 Unless otherwise agreed, approval or revision requests should be provided within five Business Days after delivery for review.
16.3 The Customer must provide sufficiently clear and specific revision requests.
16.4 A Campaign requiring creative approval will not launch before approval.
16.5 Delayed Customer approval or missing Customer information may postpone the Campaign.
16.6 By approving a creative, the Customer confirms that it has reviewed reasonably recognisable elements, including text, prices, offers, product information, legal notices, brand elements, addresses, opening hours, calls to action, visual content and audio.
16.7 Approval does not transfer to the Customer any statutory obligation that legally applies to SimpleBid itself.
17. Programmatic Campaign Delivery
17.1 SimpleBid may use programmatic advertising technologies and third-party DSPs.
17.2 Programmatic delivery depends on inventory availability, auctions, bids, Campaign pacing, frequency caps, targeting, audience availability, Publisher policies and market conditions.
17.3 SimpleBid does not guarantee that every eligible auction will be won or every available impression purchased.
17.4 SimpleBid may optimise Campaigns within the agreed Campaign parameters.
17.5 Optimisation may include adjusting bids, pacing, inventory mix, device mix, timing or technically available targeting combinations.
17.6 Material changes to agreed core Campaign parameters require Customer consent unless immediately necessary to comply with law or prevent material harm.
18. Third-Party Approval and Inventory
18.1 Campaign delivery may be subject to review by DSPs, Publishers, platforms and Inventory Partners.
18.2 Such third parties may reject, pause, limit or remove Advertising Materials in accordance with their applicable rules.
18.3 SimpleBid does not guarantee acceptance by any specific third party.
18.4 Where reasonably possible, SimpleBid may attempt alternative suitable inventory.
18.5 SimpleBid is not responsible for an independent third-party decision unless caused by SimpleBid’s culpable breach of its own contractual obligations.
19. Targeting
19.1 Campaign targeting may include geographic areas, audience characteristics, device categories, Campaign timing, location and inventory criteria.
19.2 Targeting is subject to legal, technical and data availability.
19.3 Audience and targeting data may be aggregated, modelled, inferred, probabilistic or supplied by third parties.
19.4 SimpleBid does not guarantee perfect targeting accuracy.
19.5 Geo-targeting does not guarantee that every impression is delivered exclusively to persons physically located within the selected area.
20. Advertising Compliance
20.1 The Customer is responsible for the legality and factual accuracy of the Customer’s products, services, offers, prices, claims, landing pages and Customer-supplied information.
20.2 The Customer is responsible for ensuring that Customer-provided Advertising Materials comply with applicable advertising, competition, media, intellectual-property and sector-specific law.
20.3 This includes, where applicable, requirements relating to youth protection, health claims, financial services, gambling, food, alcohol, tobacco, nicotine, pharmaceuticals, recruitment, real estate and other regulated products or services.
20.4 The Customer must provide legally required warnings, disclaimers and mandatory product information that depend on the Customer’s product or offer.
20.5 SimpleBid does not provide legal advice unless expressly agreed as a separate service.
20.6 Creative review or Campaign review by SimpleBid does not constitute a comprehensive legal opinion.
20.7 SimpleBid may reject, pause or remove Campaign content where there are reasonable grounds to believe continued delivery would be unlawful or materially violate applicable third-party policies.
21. Restricted Content
21.1 SimpleBid may reject or restrict Campaigns involving unlawful products or services, fraud, malware, unlawful discriminatory or hateful content, unlawful health or financial claims, infringement of intellectual-property or personality rights, illegal gambling, illegal drugs or unlawful content harmful to minors.
21.2 Campaigns concerning regulated industries may require additional documentation or approval.
21.3 Political advertising is accepted only where expressly agreed by SimpleBid and where lawful delivery is possible.
22. Data Protection and Tracking
22.1 Each party is responsible for compliance with data-protection law applicable to its own processing activities.
22.2 Depending on the relevant processing activity, SimpleBid, the Customer and participating third parties may act as controllers, joint controllers or processors.
22.3 Where legally required, the parties will enter into an appropriate data-processing or joint-controller agreement.
22.4 The Customer must have an appropriate legal basis for personal data supplied to SimpleBid.
22.5 This applies particularly to CRM information, audience lists, hashed identifiers, device identifiers, conversion data and retargeting data.
22.6 The Customer is responsible for consent and privacy requirements relating to tracking technologies implemented on websites or apps controlled by the Customer.
22.7 SimpleBid remains responsible for data-processing activities legally attributable to SimpleBid itself.
23. Reporting and Measurement
23.1 Reporting is provided according to the booked product and technical availability.
23.2 Reporting may include impressions, clicks, spend, CPM, device information, geographic data, completion rates, view-through rates and reach metrics.
23.3 Data may originate from SimpleBid or third-party systems.
23.4 Real-time information may be preliminary.
23.5 Normal technical discrepancies between advertising measurement systems do not in themselves constitute defective performance.
23.6 SimpleBid will reasonably investigate material discrepancies upon request.
24. Cancellation, Pausing and Refunds
24.1 The Customer may request cancellation or pausing of a Campaign or creative order.
24.2 Cancellation depends on technical feasibility and binding third-party commitments already made.
24.3 Before SimpleBid has begun performance or incurred costs, refundable amounts will generally be returned less non-refundable payment-processing or third-party costs actually incurred.
24.4 Once SimpleBid has begun Campaign setup, creative production, inventory reservation, media procurement or other contracted work, SimpleBid may deduct the value of services already performed and costs reasonably incurred or irrevocably committed.
24.5 Once media has been delivered, the value of delivered media is non-refundable.
24.6 AI Spot, Custom Production and Adaptation fees are refundable only to the extent the relevant work has not yet been performed or validly committed.
24.7 Reserved or specially procured inventory may be non-cancellable where the relevant supplier imposes a binding non-cancellation commitment.
24.8 SimpleBid will not retain payment for services that were neither performed nor validly committed unless another legal basis exists.
24.9 Statutory rights concerning non-performance, defective performance or termination for cause remain unaffected.
25. Campaign Modifications
25.1 Customer-requested Campaign changes after booking are subject to feasibility.
25.2 Changes may affect CPM, pricing, inventory availability, targeting, timing or Campaign delivery.
25.3 Material additional work may be charged separately if the Customer is informed before such work is performed.
26. Rights in Customer Materials
26.1 The Customer grants SimpleBid a non-exclusive, worldwide right limited to contractual performance to use Customer-provided Advertising Materials.
26.2 This right includes storage, reproduction, processing, adaptation, transcoding and transmission to the extent reasonably required for Campaign delivery and creative production.
26.3 SimpleBid may make such materials available to subcontractors and media partners to the extent reasonably necessary.
26.4 The Customer represents that it has the rights necessary to grant these rights.
26.5 Ownership of the Customer’s pre-existing materials remains with the Customer or relevant rights holder.
27. Rights in Created Clips
27.1 Customer-provided trademarks, logos and other pre-existing Customer materials remain the property of the Customer or relevant rights holder.
27.2 SimpleBid and its licensors retain rights in pre-existing technology, workflows, software, templates, production methods, know-how and reusable production components.
27.3 Subject to full payment, the Customer receives a non-exclusive, worldwide and time-unlimited right to use the final approved Created Clip for the Customer’s own advertising, marketing and corporate communication purposes.
27.4 The Customer may reproduce, publish, display and distribute the final approved Created Clip subject to third-party license restrictions.
27.5 Unless otherwise agreed, the Customer may not resell the Created Clip as a standalone creative-production product to unrelated third parties.
27.6 Raw files, editable project files, prompts, production workflows, source files and intermediate production results are not transferred unless expressly agreed.
28. AI Content, Similarity and Personality Rights
28.1 AI-generated content may not qualify for exclusive intellectual-property protection in every jurisdiction.
28.2 SimpleBid does not guarantee that AI-generated or AI-supported content is copyright-protected, exclusive, registrable or entirely free from incidental similarities to third-party content.
28.3 This applies particularly to synthetic persons, synthetic voices and synthetic likenesses.
28.4 SimpleBid will not knowingly create or use an identifiable imitation of a real person or identifiable replication of a real person’s voice for advertising purposes unless the rights, consent or other legal basis reasonably required for the intended use have been established.
28.5 The Customer must notify SimpleBid without undue delay if it identifies an unintended identifiable resemblance that may affect third-party rights.
28.6 The parties will reasonably cooperate to review and, where appropriate, replace or modify affected content.
29. Third-Party Licenses
29.1 Created Clips may contain third-party licensed elements, including music, fonts, stock content, voice services, templates or production assets.
29.2 Such elements remain subject to applicable third-party license terms.
30. SimpleBid Intellectual Property
30.1 All rights in the Platform, SimpleBid software, databases, interfaces, technology, trademarks, documentation and proprietary systems remain with SimpleBid or its licensors.
30.2 The Customer receives only the limited rights required to use the Platform for the agreed business purposes.
30.3 Except where mandatory law permits otherwise, the Customer may not copy, resell, sublicense, reverse engineer, decompile, scrape or otherwise exploit the Platform outside its intended use.
31. Third-Party Services
31.1 SimpleBid services may depend on third-party technologies and service providers.
31.2 SimpleBid remains responsible for subcontractors to the extent required by applicable law.
31.3 SimpleBid is not responsible for independent acts, policy decisions or failures of third parties outside SimpleBid’s contractual sphere of responsibility.
31.4 Where a material third-party service becomes unavailable, SimpleBid may use a reasonably equivalent alternative.
31.5 If no reasonable alternative exists, SimpleBid may suspend or terminate the affected service.
Amounts paid for services that cannot be provided will be refunded to the extent such amounts have not already been validly incurred or committed.
32. Confidentiality
32.1 Each party must protect the other party’s confidential information and use it only for purposes connected with the contractual relationship.
32.2 Confidential information includes non-public commercial, pricing, technical, Campaign, strategic and customer information.
32.3 The obligation does not apply to information that is publicly available, lawfully known to the receiving party, independently developed, lawfully received from a third party or required to be disclosed by law.
32.4 General confidentiality obligations continue for three years after termination.
32.5 Trade secrets remain protected for as long as they qualify for protection under applicable law.
33. Customer References
33.1 SimpleBid may use the Customer’s name and logo as a customer reference only with Customer consent or another valid authorisation.
33.2 SimpleBid will not publish confidential Campaign results or unpublished creative content without authorisation.
34. Customer Representations and Cooperation
34.1 The Customer represents that it acts as a business, that persons placing orders are authorised, that Customer-provided information is materially accurate, that required rights are available and that advertised products and services may lawfully be offered.
34.2 The Customer must reasonably cooperate with SimpleBid where required for performance.
34.3 The Customer must inform SimpleBid of material changes to approved information where those changes may affect Campaign delivery or legal compliance.
35. Indemnification
35.1 To the extent legally permissible, the Customer shall indemnify SimpleBid against justified third-party claims resulting from a culpable breach by the Customer of contractual obligations or from unlawful Customer-provided materials, products, landing pages or instructions.
35.2 This applies particularly to justified claims concerning intellectual-property rights, personality rights, advertising law or data-protection obligations where the infringement is attributable to the Customer.
35.3 The indemnity includes reasonable and necessary external legal-defence costs.
35.4 SimpleBid shall notify the Customer without undue delay of a relevant third-party claim.
35.5 No indemnification obligation applies to the extent the relevant claim was caused by SimpleBid’s own intentional or negligent breach of a contractual or statutory obligation.
35.6 Customer approval of a Created Clip does not by itself make the Customer responsible for an infringement created solely by SimpleBid that was not reasonably recognisable to the Customer during approval.
36. Liability
36.1 SimpleBid is liable without limitation for intent, gross negligence, culpable injury to life, body or health, fraud, mandatory product-liability claims and expressly assumed guarantees.
36.2 In cases of simple negligence, SimpleBid is liable only for breach of a material contractual obligation.
36.3 In such cases, liability is limited to damage that was typical and reasonably foreseeable at the time the relevant contract was concluded.
36.4 Further exclusions or limitations apply only to the extent legally permissible.
36.5 SimpleBid is not liable merely because a Campaign fails to achieve a particular commercial result that was not expressly guaranteed.
36.6 SimpleBid is not liable for independent third-party failures outside its contractual responsibility unless caused by SimpleBid’s culpable conduct.
36.7 These limitations also apply for the benefit of SimpleBid’s legal representatives, employees and vicarious agents.
37. Force Majeure
37.1 Neither party is liable for delay or non-performance caused by events outside that party’s reasonable control, except for payment obligations already due.
37.2 Such events may include natural disasters, war, terrorism, major cyberattacks, widespread infrastructure failures, governmental measures, labour disputes, epidemics and comparable events.
37.3 The affected party must use reasonable efforts to mitigate the effects.
38. Term and Termination
38.1 The general Platform relationship runs for an indefinite period unless otherwise agreed.
38.2 Either party may terminate the general Platform relationship with 14 calendar days’ notice in Text Form.
38.3 Termination of the general Platform relationship does not automatically terminate separate Campaigns, Local packages or creative orders already concluded.
38.4 Monthly Local packages are governed by section 8.9.
38.5 Either party may terminate an affected contract for good cause in accordance with applicable law.
38.6 Existing payment obligations remain unaffected.
39. Changes to These Terms
39.1 SimpleBid may amend these Terms for future contracts at any time.
39.2 Changes to ongoing contractual relationships may be proposed where reasonably necessary due to changes in law, regulatory requirements, case law, security requirements, material third-party platform requirements, technical developments or Platform functionality.
39.3 Material changes to essential prices, core service obligations or liability provisions generally require express Customer agreement unless directly required by mandatory law.
39.4 Where SimpleBid intends to rely on deemed acceptance through failure to object, SimpleBid will do so only where legally permissible and after clear advance notice.
40. Assignment and Subcontractors
40.1 SimpleBid may use subcontractors.
40.2 SimpleBid may transfer the contractual relationship to a legal successor or purchaser of the relevant business where this does not materially impair the Customer’s legitimate interests.
40.3 Any other transfer is subject to applicable statutory requirements.
41. Communications
41.1 Contractual communications may be made in Text Form unless stricter form is required by law.
41.2 SimpleBid may communicate by email or Platform notification.
41.3 The Customer must maintain current business contact information.
42. Additional Documents and Order of Precedence
42.1 Additional documents may apply where expressly incorporated into the relevant order, including individual quotations, Campaign confirmations, technical specifications, product-specific terms, data-processing agreements and Publisher-specific requirements.
42.2 Individual agreements take precedence over these Terms.
42.3 A Campaign-specific or product-specific agreement takes precedence where it specifically regulates the conflicting matter.
42.4 Mandatory law always prevails.
43. Governing Law and Jurisdiction
43.1 All contractual relationships between SimpleBid and the Customer are governed by the laws of the Federal Republic of Germany.
43.2 The United Nations Convention on Contracts for the International Sale of Goods is excluded.
43.3 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Hamburg shall be the exclusive place of jurisdiction to the extent legally permissible.
43.4 SimpleBid remains entitled to bring proceedings before another court having statutory jurisdiction where legally permissible.
43.5 Unless otherwise agreed, the place of performance is Hamburg.
44. Severability
44.1 If an individual provision of these Terms is wholly or partly invalid or unenforceable, the remaining provisions remain unaffected to the extent legally permissible.
44.2 Statutory provisions apply in place of an invalid or unenforceable standard term.
44.3 Nothing in this section is intended to preserve or replace an invalid standard term in a manner contrary to applicable German law.
45. Language
45.1 These Terms may be made available in English and German.
45.2 The contractual language version expressly designated for the relevant contract shall prevail to the extent legally permissible.
45.3 If English is designated as the controlling version, these Terms shall nevertheless be interpreted in accordance with German law.