TERMS AND CONDITIONS
SimpleBid UG (haftungsbeschränkt)
Last updated: 1 November 2026
These Terms and Conditions govern the use of the SimpleBid platform and all media buying, campaign management, local advertising, AI-supported creative production, custom video production, display advertising, creative adaptations, reporting and related services provided by SimpleBid UG (haftungsbeschränkt).
1. Provider
1.1 Provider Information
The SimpleBid platform and related services are provided by:
SimpleBid UG (haftungsbeschränkt)
Schäferkampsallee 11
20357 Hamburg
Germany
Commercial Register: Local Court of Hamburg
Commercial Register Number: HRB 198220
VAT ID: DE461388677
Email: support@simplebid.io
Website: simplebid.io
Represented by its managing directors.
1.2 References
“SimpleBid”, “we”, “us” and “our” refer to SimpleBid UG (haftungsbeschränkt).
2. Scope and B2B Limitation
2.1 Scope
These Terms apply to all registrations, Platform accounts, Campaign bookings, Media services, Local products, Preview Productions, AI Spots, Custom Productions, Creative & Social Add-ons, Display services, Premium Display Creatives, reporting services and other services provided by SimpleBid.
2.2 Business Customers Only
SimpleBid services under these Terms are offered exclusively to entrepreneurs within the meaning of section 14 BGB, legal entities under public law and special funds under public law.
Consumers are not permitted to purchase services under these Terms.
2.3 Authority
A person using SimpleBid or placing an order on behalf of a company or organisation represents that they are authorised to act on behalf of and bind that company or organisation.
2.4 Customer Terms
General terms and conditions of the Customer shall not apply unless SimpleBid expressly accepts them in Text Form.
2.5 Individual Agreements
Individually negotiated agreements between SimpleBid and the Customer take precedence over these Terms.
2.6 Mandatory Law
Mandatory statutory provisions remain unaffected.
3. Definitions
3.1 Platform
“Platform” means SimpleBid’s digital platform and related interfaces for creating, configuring, booking, managing, paying for and analysing advertising Campaigns and creative services.
3.2 Customer
“Customer” means the business customer contracting with SimpleBid.
3.3 Campaign
“Campaign” means an advertising campaign created, configured, booked, managed or delivered through or by SimpleBid.
3.4 Active Campaign
“Active Campaign” means a SimpleBid Campaign for which a binding Campaign order exists and which has not been cancelled before commencement of Media Delivery.
3.5 Media Delivery
“Media Delivery” means the delivery or purchase of paid advertising impressions for the Customer through or on behalf of SimpleBid.
3.6 Media Budget
“Media Budget” means the net amount allocated to paid Media Delivery.
Unless expressly agreed otherwise, the Media Budget does not include:
VAT;
Preview Production Fees;
AI Spot fees;
Custom Production fees;
Adaptation fees;
Display-production fees;
third-party licensing fees;
other separately charged services.
3.7 Advertising Material
“Advertising Material” means any advertising or campaign-related material, including video, image, audio, text, logo, trademark, claim, product information, offer, price, address, URL, landing page, QR code, call to action or tracking parameter.
3.8 Customer Material
“Customer Material” means Advertising Material, information, data, video, audio, image, logo, trademark, voice recording, likeness, prompt, reference material or other content provided by or on behalf of the Customer.
3.9 Customer Clip
“Customer Clip” means an advertising video provided by or on behalf of the Customer.
3.10 Local Spot
“Local Spot” means a standardised and substantially automated advertising video produced within SimpleBid’s Local production workflow in accordance with section 10.
3.11 AI Spot Preview
“AI Spot Preview” means a preview version of an AI-supported advertising video generated for Customer evaluation before purchase of the final AI Spot.
3.12 Preview Production
“Preview Production” means the generation and provision of an AI Spot Preview as a separately remunerated production service.
3.13 Preview Production Fee
“Preview Production Fee” means the fee charged for a Preview Production.
3.14 AI Spot
“AI Spot” means the final purchased advertising video created through SimpleBid’s standardised and predominantly AI-supported AI Spot production workflow.
3.15 Custom AI Production
“Custom AI Production” or “Custom Production” means an individually produced advertising video created using AI-supported technology together with material manual creative, editorial or production work by SimpleBid personnel or production partners.
3.16 Created Clip
“Created Clip” means a purchased AI Spot, Local Spot, Custom Production, Adaptation or other final video asset produced or materially adapted by or through SimpleBid.
3.17 Adaptation / Version
“Adaptation” means a derivative version of an existing approved master asset adapted for another platform, duration, aspect ratio, format, location or comparable Campaign purpose.
Where SimpleBid uses the customer-facing term “Version”, that term means an Adaptation for purposes of these Terms unless expressly stated otherwise.
3.18 Creative & Social Add-on
“Creative & Social Add-on” means one or more Adaptations purchased separately or together with a SimpleBid Campaign.
3.19 Display Ad
“Display Ad” means a static or, where expressly ordered, animated advertising asset produced by or through SimpleBid for digital display advertising.
3.20 Display Set
“Display Set” means a package containing the standard Display Ad formats identified in the applicable offer, order, Platform configuration or applicable technical specification.
3.21 Display Location Variant
“Display Location Variant” means a version of a Display Ad in which only specified location-related information is changed.
3.22 Premium Display Creative
“Premium Display Creative” means an animated Display Ad, Connected TV HomeScreen creative, masthead, rich-media unit, motion-based display format or other Publisher-specific premium advertising asset.
3.23 Custom Creative Service
“Custom Creative Service” means bespoke creative work outside the standard scope of a Local Spot, AI Spot, Adaptation or Display Set.
3.24 Output
“Output” means AI-generated or AI-supported material generated in connection with a SimpleBid creative service, including intermediate or final visual, audio or video elements.
3.25 Generation
“Generation” means an AI-supported generation or regeneration of an individual visual, video, audio or other production element.
3.26 Generation Limit
“Generation Limit” means the maximum number of Generations included within a scene, project, product or production workflow.
3.27 DSP
“DSP” or “Demand-Side Platform” means a technology platform used for automated or programmatic media buying.
3.28 Publisher and Media Partners
“Publisher”, “Media Partner”, “Inventory Partner” or “Supply Partner” means a broadcaster, streaming service, website, app, media owner, exchange, supply-side platform, network, reseller or other provider of advertising inventory.
3.29 AI Provider
“AI Provider” means a third-party provider of an AI model, image-generation system, video-generation system, voice technology or other AI-supported production technology.
3.30 Business Day
“Business Day” means Monday through Friday excluding public holidays at SimpleBid’s registered office in Hamburg.
3.31 Billing Period
“Billing Period” means the applicable monthly or otherwise contractually agreed service period.
3.32 Text Form
“Text Form” has the meaning of section 126b BGB and includes email unless stricter form is required by law.
4. SimpleBid Services
4.1 General
SimpleBid provides technology-supported services for planning, creating, booking, managing, delivering and analysing digital advertising Campaigns.
4.2 Advertising Environments
Supported advertising environments may include:
Connected TV;
streaming;
mobile;
tablet;
web;
digital display;
HomeScreen inventory;
other digital advertising environments.
4.3 Services
Depending on the booked product, SimpleBid may provide:
programmatic media buying;
Campaign setup;
Campaign management;
Campaign optimisation;
targeting and geo-targeting;
Local Spot production;
AI Spot Preview Production;
AI Spot Creation;
Custom AI Production;
Creative & Social Adaptations;
Display production;
Premium Display Creative;
reporting;
technical support.
4.4 Third Parties
SimpleBid may use DSPs, Publishers, exchanges, supply-side platforms, AI Providers, ad servers, stock providers, editing tools, voice providers, measurement providers, hosting providers, payment providers and other subcontractors.
4.5 No Guaranteed Commercial Outcome
Unless expressly agreed otherwise, SimpleBid owes proper performance of the contractually agreed services but does not guarantee a particular economic or commercial result.
In particular, SimpleBid does not guarantee:
sales;
leads;
enquiries;
conversions;
clicks;
app installs;
website visits;
revenue increases;
customer acquisition;
brand awareness;
return on advertising spend.
4.6 Specific Inventory
Unless expressly confirmed in Text Form, no delivery on a particular Publisher, broadcaster, streaming service, programme, website, app, device or inventory source is guaranteed.
5. Platform Accounts
5.1 Registration
Certain services may require a Platform account.
5.2 Accurate Information
The Customer must provide complete, accurate and current business, billing and contact information.
5.3 Account Security
The Customer must ensure that only authorised persons use its account and must reasonably protect access credentials against unauthorised use.
5.4 Security Incidents
The Customer must notify SimpleBid without undue delay after becoming aware of suspected unauthorised use.
5.5 Suspension
SimpleBid may temporarily restrict or suspend Platform access where reasonably necessary for:
security;
payment protection;
prevention of misuse;
protection of third-party rights;
legal compliance;
protection of SimpleBid infrastructure.
6. Contract Formation
6.1 Product Information
Product descriptions, pricing pages and Platform configurations generally constitute invitations to submit an offer and not legally binding offers by SimpleBid.
6.2 Customer Order
The Customer submits a binding offer by:
completing a booking;
accepting a quotation;
placing an order;
ordering a Preview Production;
otherwise instructing SimpleBid to perform specified services.
6.3 Acceptance
A contract is concluded when SimpleBid:
expressly confirms the order;
confirms or activates the Campaign;
marks the order as accepted, booked or scheduled; or
begins the ordered production or performance.
6.4 Preconditions
Acceptance and performance may be subject to:
successful payment;
technical feasibility;
inventory availability;
compliance review;
Customer cooperation;
creative approval;
third-party approval.
6.5 Rejection Before Acceptance
SimpleBid may reject an order before acceptance for reasonable technical, legal, compliance, security, commercial or payment-risk reasons.
7. General Pricing Rules
7.1 Product Categories
SimpleBid principally offers:
SimpleBid Standard Campaigns;
SimpleBid Local;
AI Spot Preview Production;
AI Spot Creation;
Custom AI Production;
Creative & Social Add-ons;
Display Advertising;
Premium Display and Custom Creative Services.
7.2 Net Prices
Unless otherwise stated, all prices are net prices exclusive of statutory VAT.
7.3 Applicable Price
The price displayed or confirmed before the Customer submits a binding order applies.
Individual quotations and separately negotiated prices take precedence.
7.4 “From” Pricing
Where a product is advertised using “from”, “starting at” or equivalent wording, the stated amount represents the lowest applicable standard price under the relevant product conditions.
The final price will be displayed or confirmed before the booking becomes binding.
7.5 Separation of Media and Creative Pricing
CPM-based pricing applies to Media Delivery unless expressly stated otherwise.
Preview Production, AI Spot Creation, Custom Production, Adaptations, Display production, Premium Display Creative and other creative services are separately priced services unless expressly included in the applicable product.
8. SimpleBid Standard Campaigns
8.1 General
SimpleBid Standard is intended for scalable Connected TV, streaming and digital-video Campaigns billed primarily on a CPM basis.
8.2 Standard Starting Prices
Unless otherwise agreed, pricing starts at:
Second Streamer: EUR 15 CPM
Multi-Device: EUR 19 CPM
Connected TV: EUR 25 CPM
8.3 Minimum Media Budget
The standard minimum Media Budget for CPM-based Campaigns is:
EUR 500 net per Campaign.
This minimum does not apply to SimpleBid Local packages, which are separately priced integrated fixed-price products under section 9.
8.4 Final CPM
The final CPM may depend on:
Campaign volume;
inventory;
targeting;
geographic requirements;
Campaign duration;
availability;
Campaign configuration;
prevailing market conditions.
The applicable CPM is displayed or confirmed before the Campaign becomes binding.
8.5 Second Streamer
Second Streamer is intended primarily for supported mobile, tablet and comparable digital-video inventory.
8.6 Multi-Device
Multi-Device is intended for supported cross-screen delivery across Connected TV, mobile, tablet and other digital-video environments.
8.7 Connected TV
Connected TV is intended primarily for supported big-screen and Connected TV inventory.
References to premium, living-room, big-screen or similar inventory descriptions designate an intended inventory category and do not guarantee delivery on a specific Publisher.
9. SimpleBid Local
9.1 General
SimpleBid Local is designed for local businesses and multi-location businesses, including restaurants, cafés, retailers, fitness studios, service businesses, events and smaller chains.
Local products are integrated fixed-price packages.
No separate Customer-facing CPM calculation is required for a Local package.
9.2 Local Weekend Test
EUR 150 net, one-time.
For a Customer’s first Weekend Test booking, the package includes:
one Local Spot;
one weekend of local Campaign delivery within the agreed scope;
local geo-targeting;
Campaign setup;
basic reporting.
For a subsequent Weekend Test booking, an existing suitable Local Spot is reused unless the Customer separately orders a new Local Spot or SimpleBid expressly confirms that new production is included.
A subsequent Weekend Test booking therefore does not automatically include production of a new Local Spot.
9.3 Local Weekend Plus
EUR 299 net, one-time.
For a Customer’s first Weekend Plus booking, the package includes:
one Local Spot;
extended Campaign delivery compared with Weekend Test;
wider or otherwise extended local targeting within the agreed scope;
Campaign setup;
reporting.
For a subsequent Weekend Plus booking, an existing suitable Local Spot is reused unless a new Local Spot is separately ordered or expressly included.
9.4 Local Monthly Starter
EUR 499 net per Billing Period, unless another price is expressly agreed.
Monthly Starter includes:
one new Local Spot per Billing Period;
local Campaign delivery;
geo-targeting;
Campaign setup;
Campaign optimisation;
recurring reporting.
9.5 Local Monthly Growth
EUR 899 net per Billing Period, unless another price is expressly agreed.
Monthly Growth includes:
two new Local Spots per Billing Period;
one Standard Display Set per Billing Period;
local Campaign delivery;
geo-targeting;
Campaign setup;
Campaign optimisation;
recurring reporting.
Included Display Sets do not accumulate or carry over into subsequent Billing Periods unless expressly agreed otherwise.
9.6 Multi-Branch
EUR 399 net per location per Billing Period, unless another price is expressly agreed.
A minimum of three locations applies unless otherwise agreed.
Multi-Branch includes, for each Billing Period:
one new common Master Local Spot for the booked chain or brand;
one location-specific video Version per booked location;
one Display Location Variant per booked location;
one base Standard Display Set for the booked chain or brand;
location-specific geo-targeting;
central Campaign management;
central reporting.
A location-specific video Version included under this section is derived from the common Master Local Spot and may include predefined location-related changes.
It does not include a materially new creative concept or newly generated scenes for each individual location unless expressly agreed.
9.7 Locations Added During a Billing Period
Where an additional location is added during an ongoing Billing Period, the applicable service price and service scope may be prorated according to the remaining service period where the location is billed on a prorated basis.
Where the full Billing Period is charged, the corresponding full-period service scope may apply.
9.8 Local Package Allocation
Within the agreed Local service scope, SimpleBid may reasonably determine and optimise the internal allocation of the package price between:
paid Media Delivery;
Campaign setup;
Campaign management;
optimisation;
reporting;
included creative services.
The Customer is not entitled to a particular internal allocation unless expressly agreed.
Unless expressly agreed otherwise, no specific CPM, impression volume, reach, frequency, Publisher or commercial result is guaranteed under a Local package.
SimpleBid nevertheless remains obliged to provide the services objectively agreed for the relevant package.
9.9 Duration and Termination
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, unless a different contractual Billing Period or notice period has been individually agreed.
Termination affects future service periods only.
Validly incurred or irrevocably committed costs remain payable.
Unless otherwise agreed, monthly Local products are billed in advance.
10. Local Spot Production
10.1 Local Spot Scope
Unless otherwise agreed, one Local Spot includes:
one standardised advertising video;
a maximum duration of 15 seconds;
one delivery format;
one standardised creative concept;
substantially automated or AI-supported production;
up to ten AI Generations;
one final export.
10.2 No Regular Revision Round
A Local Spot does not include a regular discretionary Customer revision round unless expressly stated.
The Customer may nevertheless report contractual defects.
Reasonable Generations or corrections required solely to remedy a contractual defect attributable to SimpleBid do not constitute a chargeable discretionary revision.
10.3 Generation Limit
The standard Local Spot includes up to ten Generations.
If the Generation Limit is reached before a contractually conforming Local Spot can be provided, SimpleBid will review the affected production and determine an appropriate remedial measure.
Statutory rights relating to defective or non-performed services remain unaffected.
10.4 Additional Local Spot
An additional Local Spot outside the number included in the relevant Local package is:
EUR 399 net per additional Local Spot, unless otherwise agreed.
The additional Local Spot is subject to the standard Local Spot scope in this section.
10.5 Additional Local Video Version
An additional Local video Version based on an existing Local Spot is:
EUR 49 net, unless otherwise agreed,
provided that the requested Version can be created without materially generating new scenes or a new creative concept.
It may include, for example:
simple format conversion;
simple CTA changes;
text changes;
predefined location information;
technical re-rendering.
Where materially new scenes or clips must be generated, the EUR 49 Version price does not apply.
10.6 Local Spot Is Not a Standard AI Spot
A Local Spot is not equivalent to the standard AI Spot described in section 12.
The scope, revision entitlement, Generation Limit and included deliverables differ.
11. AI Spot Preview Production
11.1 Preview Option
Where offered through the Platform, the Customer may order a Preview Production before purchasing a final AI Spot.
Preview Production is an independently remunerated production service.
11.2 Standard Preview Production Fee
Unless another amount is displayed before ordering, the standard Preview Production Fee is:
EUR 49 net per project.
11.3 Customers With Campaign or Local Package
The Preview Production Fee is generally waived where the Customer already has:
an Active Campaign; or
an active SimpleBid Local package,
provided the relevant Preview is reasonably connected with that Campaign or Local relationship.
The applicable price is displayed before the Preview order becomes binding.
11.4 Purpose of the Preview Production Fee
The Preview Production Fee remunerates:
use of the AI-production workflow;
computational generation;
generation of Preview scenes or elements;
provision of the resulting Preview for evaluation.
It is not a cancellation fee.
11.5 Payment
The Preview Production Fee is payable when Preview Production is ordered.
SimpleBid is not required to commence generation before successful payment or payment authorisation.
11.6 Preview Restrictions
Preview material may:
be supplied at reduced resolution;
contain a SimpleBid watermark;
contain AI or provenance identifiers;
be accessible only through the Platform;
be technically protected against download or commercial use.
11.7 No Commercial Rights Before Final Purchase
The Preview is provided solely for internal Customer evaluation.
Unless and until the relevant final creative product has been purchased and fully paid, the Customer may not:
publish the Preview;
distribute it;
upload it to a DSP or Publisher;
use it in advertising;
broadcast it;
commercially exploit it;
make it publicly available.
11.8 Preview Credit
Where the Customer has paid the Preview Production Fee, that fee will be credited in full against the Customer’s first qualifying SimpleBid purchase completed within 30 calendar days after the Preview order.
A qualifying purchase includes:
the final AI Spot generated from the Preview project;
a SimpleBid Local package;
a binding SimpleBid Campaign;
another qualifying creative product expressly identified by SimpleBid as eligible.
The Preview Production Fee may only be credited once.
It may not result in a cash payment to the Customer.
11.9 Expiry of Preview Credit
If no qualifying purchase is completed within the 30-day period, the Preview Production Fee remains earned as remuneration for the Preview Production already performed.
11.10 Separate Projects
A Preview Production Fee applies separately to each project or materially new creative concept unless otherwise stated.
11.11 Failure to Provide a Usable Preview
If SimpleBid is unable to provide any usable Preview for reasons attributable to SimpleBid and does not provide a reasonable replacement or remedy, the Customer is entitled to reimbursement of the Preview Production Fee for that project.
Mandatory statutory rights remain unaffected.
12. Standard AI Spot
12.1 Standard Price
Unless otherwise agreed, the standard price for one AI Spot is:
EUR 990 net.
12.2 Standard Scope
Unless otherwise agreed, the EUR 990 AI Spot includes:
one AI-supported Master Spot;
duration of up to 15 seconds;
one primary video delivery format;
one core creative concept;
basic script development;
AI-supported visual production;
integration of agreed Customer branding;
standard voice-over where applicable;
up to two reasonable Customer revision rounds within the agreed creative concept;
Generations within the applicable Generation Limits;
one Standard Display Set;
one final approved Master Spot export;
commercial usage rights in accordance with these Terms after full payment.
12.3 No Included Video Adaptations Unless Expressly Stated
The standard EUR 990 AI Spot does not currently include additional video Adaptations or Versions unless the applicable offer or Platform configuration expressly states otherwise.
Additional Versions may be ordered under section 14.
12.4 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;
generative AI;
automated editing;
other production technology.
12.5 Excluded Services
Unless expressly agreed, the standard AI Spot does not include:
multiple independent creative concepts;
a second independent Master Spot;
live-action filming;
paid actors;
influencers;
extensive bespoke animation;
complex 3D production;
premium third-party licenses;
unlimited revisions;
unlimited Generations;
multiple languages;
additional video delivery formats;
editable project files;
source files;
raw files;
internal prompts;
internal production workflows.
13. Extended AI Spots
13.1 Standard AI Spot Length
The standard AI Spot under section 12 has a maximum duration of 15 seconds.
13.2 Longer Productions
Longer AI-supported advertising videos, including productions of up to 30 seconds, are not included in the standard EUR 990 AI Spot unless expressly offered.
13.3 Separate Product
Where SimpleBid offers an Extended AI Spot or an upgrade to a longer duration, the applicable:
duration;
creative scope;
number of scenes or clips;
deliverables;
price
will be displayed or confirmed before the Customer submits a binding order.
13.4 No Entitlement to Extended Product
The inclusion of this section does not oblige SimpleBid to offer an Extended AI Spot at all times.
14. Creative & Social Adaptations / Versions
14.1 General
Creative & Social Add-ons are Adaptations of an existing approved master video for additional channels, platforms, aspect ratios, durations or comparable Campaign purposes.
14.2 Pricing With Active Campaign
Unless otherwise agreed:
1 Adaptation: EUR 149 net
3 Adaptations: EUR 399 net
5 Adaptations: EUR 599 net
10 Adaptations: EUR 999 net
14.3 Standalone Pricing
Unless otherwise agreed:
1 Adaptation: EUR 249 net
3 Adaptations: EUR 599 net
5 Adaptations: EUR 899 net
10 Adaptations: EUR 1,499 net
14.4 Scope
An Adaptation may include:
cropping;
resizing;
aspect-ratio conversion;
cutdowns;
re-editing;
CTA changes;
text overlays;
technically necessary re-rendering.
The specific Version or format must be technically supported or expressly confirmed before ordering.
14.5 No Guarantee of Unlisted Formats
A particular aspect ratio, duration or platform-specific Version is included only if it is identified in the applicable order, product description or Platform configuration.
14.6 New Creative Concepts
Unless expressly agreed, an Adaptation does not include:
a materially new creative concept;
a materially new script;
substantially new generated scenes;
independent creative direction;
a complete new production.
Such work may be offered as a new AI Spot, Custom Production or other Custom Creative Service.
15. Campaign-Linked Creative Pricing
15.1 Discounted Campaign Pricing
Where a Creative Service is purchased at a discounted price expressly applicable only in connection with an Active Campaign, the discounted price is conditional upon commencement of Media Delivery under the associated Campaign.
15.2 Campaign Cancelled Before Media Delivery
If the associated Campaign is cancelled before any Media Delivery has commenced, the applicable standalone price for the Creative Service applies.
SimpleBid may invoice the difference between:
the discounted Campaign-linked price already paid; and
the applicable standalone price.
15.3 Campaign Already Delivered
If Media Delivery under the associated Campaign has commenced, the Campaign-linked Creative price remains applicable even if the Campaign is subsequently paused or terminated.
15.4 Other Individual Discounts
This section does not affect separately agreed Customer-specific pricing.
16. Additional Revision Rounds
16.1 Standard AI Spot
The standard AI Spot includes up to two reasonable Customer revision rounds.
16.2 Additional Revision
Unless otherwise agreed, each additional reasonable revision round for a standard AI Spot is:
EUR 149 net.
16.3 Revision Round
A revision round means one consolidated set of Customer comments submitted at substantially the same time.
16.4 Separate Feedback
Feedback provided separately at different times may constitute separate revision rounds.
16.5 Scope
Included or additionally purchased revision rounds must remain within the agreed creative concept and production scope.
16.6 Material Changes
A request for a materially new:
concept;
script;
creative direction;
design direction;
production approach
does not constitute a standard revision round.
16.7 Defect Correction
Correction of a contractual defect attributable to SimpleBid does not count as a discretionary or chargeable revision round.
17. Generation and Regeneration Limits
17.1 Generation Limits
AI-supported creative services may be subject to Generation Limits.
The applicable Generation Limit is stated in these Terms, displayed in the Platform or otherwise communicated before or at the time of booking.
17.2 Separation From Revision Rounds
Generation Limits and Customer revision rounds are separate concepts.
Individual Generations used to implement Customer feedback do not each constitute separate revision rounds.
17.3 No Generation Credit Balance
A Generation Limit represents the maximum generation capacity included in the relevant product or workflow.
It does not constitute a monetary credit balance.
It does not entitle the Customer to demand unnecessary Generations after a contractually conforming result has been produced.
17.4 Future Changes
SimpleBid may modify Generation Limits for future bookings where reasonably necessary because of:
technical developments;
AI Provider requirements;
production costs;
system capacity;
Platform functionality.
17.5 Existing Orders
Generation Limits applicable to an already confirmed order will not be materially reduced retroactively unless reasonably required by law, external provider restrictions or circumstances outside SimpleBid’s reasonable control.
Where such a change materially affects an ongoing production, SimpleBid will reasonably seek an appropriate alternative solution.
18. Custom AI Production
18.1 Nature of the Service
Custom AI Production combines AI-supported production technology with material manual creative, editorial or production work by SimpleBid personnel or production partners.
It may be based on:
an existing AI Spot;
a Customer Clip;
Customer Materials;
another master asset;
a new creative brief.
18.2 With Active Campaign
Custom AI Production purchased in connection with an Active Campaign starts at:
EUR 1,990 net.
18.3 Standalone
Custom AI Production purchased without an Active Campaign starts at:
EUR 2,490 net.
18.4 Separate Service
Where Custom Production is commissioned after or on the basis of an AI Spot or Local Spot, it constitutes a separate chargeable service unless expressly agreed otherwise.
18.5 Pricing Factors
The final price may depend on:
production complexity;
manual production time;
number of scenes;
AI-generation requirements;
graphic work;
animation;
audio;
formats;
languages;
licensing;
revision requirements.
The final price is confirmed before production begins.
18.6 Typical Scope
Unless otherwise agreed, Custom Production may include:
one individually produced advertising video;
one primary delivery format;
manual creative editing;
individual scene selection;
AI-supported scene generation;
visual refinement;
typography and graphics;
CTA integration;
timing and pacing;
sound or voice adjustment;
manual quality control;
up to two reasonable revision rounds;
one final approved export.
18.7 Binding Order
Custom Production is commissioned as a binding production order before production begins.
It is not provided on a no-purchase Preview basis unless SimpleBid expressly offers such an arrangement.
18.8 Additional Custom Revision
Additional Custom Production revision rounds may be offered from:
EUR 249 net per additional revision round.
The final price may depend on the manual production effort required and will be confirmed before the additional work is performed.
19. Display Advertising
19.1 Display Production
SimpleBid may create static or, where expressly ordered, animated Display Ads based on:
Customer Materials;
brand and product information;
an AI Spot;
a Local Spot;
a Custom Production;
another approved master asset.
Standard static Display production may be automated or substantially automated.
19.2 Standard Display Set
A Standard Display Set contains the formats identified in:
the applicable technical specification;
the relevant offer;
the relevant order;
the Platform configuration;
another contractual confirmation.
SimpleBid may modify the standard format catalogue for future orders where reasonably required by technical developments or platform requirements.
Changes do not retrospectively alter already confirmed Display Sets.
19.3 Technical Specification
The standard Display formats may be defined in a separate current technical specification made available before or at the time of ordering.
19.4 Additional Customer-Specified Formats
Additional formats outside the relevant Display Set may be ordered separately.
Where the Customer supplies technical specifications, the Customer must provide the applicable:
width and height;
file format;
maximum file size;
safe zones;
other material technical requirements.
The Customer is responsible for the accuracy and currentness of specifications supplied by it.
Where SimpleBid itself supplies or expressly confirms the technical specification, SimpleBid remains responsible for correctly applying that specification.
19.5 Display Location Variants
A standard Display Location Variant is limited to simple location-related information such as:
location name;
address;
telephone number;
contact information;
opening hours;
location-specific CTA;
location-specific offer information;
location-specific QR code.
A Display Location Variant does not include a materially new creative concept or design.
19.6 Standardised Design
Unless bespoke design is expressly ordered, standard Display Ads follow SimpleBid’s standard design grid, templates and production logic.
The standard Display Set does not include a right to individually art-directed bespoke design.
Bespoke static design may be commissioned as a Custom Creative Service.
19.7 Technical Validation
SimpleBid may automatically or manually validate Display Ads against available technical specifications.
Such validation does not guarantee acceptance by a particular Publisher, DSP, exchange, ad server or Inventory Partner.
Where rejection occurs solely because SimpleBid failed to comply with an agreed technical specification attributable to SimpleBid, SimpleBid will reasonably correct the affected file without an additional production charge.
19.8 Third-Party Rejection
SimpleBid does not guarantee acceptance where rejection results from:
Publisher policy;
DSP policy;
Customer content;
regulatory restrictions;
inaccurate Customer-supplied specifications;
subsequently changed third-party requirements;
circumstances outside SimpleBid’s reasonable control.
19.9 Display Review and Revision
The Customer should review delivered Display Ads without undue delay.
Where reasonably possible, revision requests should be communicated within five Business Days.
Unless otherwise agreed, one reasonable revision round within the agreed standard Display scope is included per separately purchased Display order.
Correction of a contractual defect attributable to SimpleBid does not count as the included revision round.
Any mandatory statutory commercial inspection and notification duties remain unaffected.
19.10 Standard Display Pricing
Unless otherwise agreed:
Standard Display Set with Active Campaign:
EUR 149 net
Standalone Standard Display Set:
EUR 299 net
Additional Display Format with Active Campaign:
EUR 49 net per format
Standalone Additional Display Format:
EUR 99 net per format
Display Location Variant with Active Campaign:
EUR 49 net per location
Standalone Display Location Variant:
EUR 99 net per location
19.11 Standard Deliverables
Unless otherwise agreed, a Standard Display Set includes final static image files only.
The standard Display price does not include:
HTML5 banners;
animated banners;
rich-media units;
motion-based mastheads;
video-based Display units;
dynamic-feed creatives;
editable files;
source files.
Such formats may nevertheless be separately commissioned where supported.
20. Premium Display, HomeScreen and Masthead Creative
20.1 Premium Formats
SimpleBid may offer:
animated Display Ads;
Connected TV HomeScreen creatives;
TV HomeScreen mastheads;
motion-based formats;
rich-media units;
Publisher-specific premium formats.
20.2 Individual Pricing
Premium Display Creatives are individually priced unless expressly stated otherwise.
The applicable creative scope, technical specification and price will be confirmed before booking.
20.3 Classification
Depending on the production required, Premium Display work may be treated as:
an additional automated creative format;
an Adaptation;
a Custom Creative Service.
20.4 Publisher Requirements
Publisher-specific requirements may include:
dimensions;
duration;
animation limitations;
file type;
file size;
frame rate;
audio restrictions;
safe zones;
interaction requirements;
other technical specifications.
20.5 No Guaranteed Publisher Acceptance
SimpleBid does not guarantee acceptance by the relevant Publisher unless acceptance has expressly been confirmed.
21. Payment
21.1 Prepayment
Unless otherwise agreed, SimpleBid services are prepaid.
This applies particularly to:
Preview Production Fees;
Media Budgets;
Local packages;
AI Spots;
Custom Productions;
Adaptations;
Display Sets;
Premium Display Creative;
other creative services.
21.2 Start of Performance
SimpleBid is not required to purchase or reserve media or commence production before amounts due in advance have been paid or successfully authorised.
21.3 Campaign Start
Campaign start dates are subject to:
timely payment;
inventory availability;
creative approval;
required third-party approvals.
21.4 Invoice Customers
SimpleBid may grant selected Customers invoice or post-payment terms.
Unless otherwise stated, invoices are payable within seven calendar days.
21.5 Default
Statutory rights concerning default and late payment remain unaffected.
21.6 Set-Off
The Customer may set off counterclaims where they are undisputed, finally adjudicated or arise from the same contractual relationship.
Statutory rights of retention remain unaffected.
22. Customer Materials and Rights
22.1 Rights Warranty
The Customer represents that it possesses all rights, licences, permissions and consents reasonably necessary for SimpleBid to use Customer Materials for the agreed services.
22.2 Processing Rights
This includes, where required:
copying;
storage;
editing;
adaptation;
AI-supported processing;
derivative production;
transmission to service providers;
Campaign use.
22.3 Persons, Faces and Voices
Where Customer Materials contain a real person’s:
name;
image;
likeness;
face;
voice;
performance;
other identifiable characteristics,
the Customer represents that it possesses the rights and permissions required for the intended use.
This includes, where applicable:
AI-supported editing;
AI generation;
synthetic transformation;
voice processing;
advertising use.
22.4 Real-Person Imitation
The Customer must not instruct SimpleBid to unlawfully imitate or reproduce an identifiable real person.
22.5 Evidence
SimpleBid may request reasonable evidence of rights or consent where objective grounds exist.
23. AI-Generated and Synthetic Content
23.1 General
Local Spots, AI Spots, Custom Productions and other creative services may contain content generated or materially modified using artificial intelligence.
23.2 Synthetic Elements
Such content may include:
synthetic persons;
synthetic voices;
synthetic scenes;
synthetic environments;
synthetic objects;
synthetic product presentations.
23.3 Representation of Reality
Unless expressly stated otherwise, synthetic content should not be understood as depicting an actual person, actual event or actual instance of product use.
23.4 Transparency Requirements
Certain AI-generated or manipulated content may be subject to transparency, disclosure, marking, metadata or labelling requirements under applicable law or third-party platform requirements.
23.5 Allocation of Responsibility
Each party remains responsible for statutory obligations applicable to it in its respective legal role.
Nothing in these Terms transfers or excludes statutory obligations that cannot legally be transferred or excluded.
23.6 External Customer Use
The Customer is responsible for requirements arising specifically from its independent modification, publication or distribution of creative material outside Campaigns delivered by SimpleBid.
23.7 Customer-Specific Requirements
The Customer must inform SimpleBid before final approval of Customer-specific regulatory, contractual or industry requirements of which the Customer is aware.
23.8 Misleading Advertising
AI disclosure or labelling does not make an otherwise inaccurate, misleading or unlawful advertising claim lawful.
24. Provenance, Watermarks and Content Credentials
24.1 Provenance Signals
SimpleBid may add, retain or transmit:
AI provenance metadata;
digital watermarks;
machine-readable identifiers;
Content Credentials;
C2PA-compatible information;
other authenticity or origin signals.
24.2 Visibility
Such signals may be visible or invisible.
24.3 Removal
The Customer must not intentionally remove, conceal, falsify or manipulate legally required AI disclosures or provenance signals where doing so would result in non-compliance.
24.4 Technical Persistence
SimpleBid does not guarantee that provenance information remains technically detectable following third-party compression, transcoding, editing or publication.
25. Characteristics of AI Outputs
25.1 Probabilistic Nature
Generative AI systems operate probabilistically.
Outputs may therefore:
contain errors;
contain unexpected elements;
differ from initial concepts;
resemble independently existing material;
resemble material generated for other users.
25.2 No Exclusivity Guarantee
SimpleBid does not guarantee that AI-generated elements are:
unique;
exclusive;
copyright-protected;
registrable;
capable of exclusive ownership.
Similar or potentially identical elements may independently exist or be generated elsewhere.
25.3 Incidental Similarity
SimpleBid does not guarantee that synthetic persons, synthetic voices, visual elements or other AI-generated material will be entirely free from incidental resemblance to real persons or independently existing material.
25.4 Deliberate Imitation
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 that intended use have been established.
25.5 Legal Clearance
Unless expressly commissioned separately, SimpleBid does not perform comprehensive:
trademark clearance searches;
copyright clearance investigations;
personality-rights investigations;
legal advertising opinions.
This does not release SimpleBid from the contractual duty of care owed for its own performance.
26. AI Providers and Customer Materials
26.1 Use of AI Providers
SimpleBid may transmit Customer Materials to AI Providers where reasonably necessary to provide the ordered service.
26.2 Data Minimisation
SimpleBid will limit such transmission to material reasonably necessary for the relevant production function.
26.3 Training by SimpleBid
SimpleBid itself will not use private Customer Materials or Customer-specific final Created Clips to train a general-purpose AI model owned by SimpleBid unless the Customer expressly agrees otherwise.
26.4 Third-Party Processing
Processing by third-party AI Providers depends on the relevant provider, technical integration and contractual configuration.
26.5 Special Customer Requirements
Where the Customer requires specific:
no-training treatment;
retention restrictions;
geographic processing;
enterprise-provider configurations,
beyond SimpleBid’s standard setup, such requirements must be agreed before production.
26.6 Aggregated Information
SimpleBid may use aggregated or anonymised operational information that does not identify the Customer or disclose Customer Materials for:
service improvement;
workflow optimisation;
technical analytics;
Platform performance.
27. AI Providers and Production Technology
27.1 Provider Flexibility
SimpleBid may use one or more AI Providers and production technologies.
27.2 Technology Changes
Underlying:
AI models;
model versions;
generation systems;
editing technologies;
voice technologies;
production tools
may change over time.
27.3 Replacement
SimpleBid may replace or update underlying technologies where the agreed material functionality and contractual production scope are not materially reduced.
27.4 No Right to Specific Model
The Customer has no right to continued use of a specific model, model version or technology provider unless expressly agreed.
27.5 Provider Restrictions
SimpleBid may refuse, modify or technically adapt a production request where reasonably required by:
applicable law;
safety requirements;
AI Provider restrictions;
DSP requirements;
Publisher requirements.
28. Content Restrictions and Moderation
28.1 Restricted Requests
SimpleBid may refuse to generate, edit, process, publish or distribute content where it reasonably believes that the requested content:
is unlawful;
infringes third-party rights;
is fraudulent or materially deceptive;
unlawfully infringes privacy or personality rights;
unlawfully impersonates a real person;
contains unlawful discriminatory or hateful content;
contains illegal exploitative material;
materially harms minors;
violates applicable AI Provider restrictions;
creates material legal, security or compliance risk.
28.2 Verification
SimpleBid may request additional information or evidence of rights.
29. Creative Review and Approval
29.1 Customer Review
The Customer must review final creative material without undue delay.
29.2 Feedback Period
Unless otherwise agreed, approval or revision requests should be provided within five Business Days following delivery for review.
29.3 Campaign Launch
A Campaign requiring Customer creative approval will not launch before approval.
29.4 Customer Delay
Customer delay may postpone Campaign delivery.
29.5 Scope of Customer Review
By approving creative material, the Customer confirms that it has reviewed reasonably recognisable:
text;
claims;
prices;
offers;
product information;
addresses;
opening hours;
legal notices;
branding;
visuals;
audio;
CTAs;
location-specific information.
29.6 Legal Responsibility
Customer approval does not transfer statutory obligations legally attributable to SimpleBid itself.
30. Post-Approval Rights Claims and Takedowns
30.1 Credible Claims
If SimpleBid receives a credible claim that creative material infringes third-party rights or must be removed, SimpleBid may temporarily pause the affected Campaign.
30.2 Cooperation
The parties shall reasonably cooperate in investigating the matter.
30.3 Suspension
Where legally required, the Customer must suspend further use of the affected version pending resolution.
30.4 Replacement
Where reasonably possible, SimpleBid may offer a modified or replacement version.
30.5 Liability
This section does not itself determine liability between the parties.
31. Programmatic Campaign Delivery
31.1 Technology
SimpleBid may use programmatic advertising technologies and third-party DSPs.
31.2 Delivery Factors
Delivery may depend on:
inventory availability;
advertising auctions;
bid prices;
Campaign pacing;
frequency caps;
targeting;
audience availability;
market conditions;
DSP rules;
Publisher rules.
31.3 No Auction Guarantee
SimpleBid does not guarantee that every eligible auction will be won or every available impression purchased.
31.4 Optimisation
SimpleBid may optimise Campaigns within agreed Campaign parameters.
Optimisation may include adjustments to:
bids;
pacing;
inventory mix;
device mix;
delivery timing;
technically available targeting combinations.
32. Publisher, DSP and Inventory Approval
32.1 Third-Party Review
Campaign delivery may be subject to review by DSPs, Publishers and Inventory Partners.
32.2 Rejection
Such third parties may reject, restrict, pause or remove Advertising Materials according to their policies.
32.3 No Guaranteed Acceptance
SimpleBid does not guarantee acceptance by a particular third party.
32.4 Alternative Inventory
Where reasonably possible, SimpleBid may attempt to use suitable alternative inventory.
32.5 Responsibility
SimpleBid is not responsible for an independent third-party decision unless caused by SimpleBid’s culpable breach of its own contractual obligations.
33. Targeting
33.1 Targeting Options
Campaign targeting may include:
geography;
postcode areas where technically available;
devices;
audience characteristics;
Campaign timing;
inventory criteria.
33.2 Availability
Targeting depends on legal, technical and data availability.
The availability of postcode-level targeting is not guaranteed for every inventory source, Publisher or Campaign configuration.
33.3 Data Characteristics
Audience and targeting information may be:
aggregated;
modelled;
inferred;
probabilistic;
supplied by third parties.
33.4 Accuracy
SimpleBid does not guarantee perfect targeting accuracy.
Geo-targeting does not guarantee that every impression is delivered exclusively to persons physically located within the selected area.
34. Advertising Compliance
34.1 Customer Responsibility
The Customer is responsible for the legality and factual accuracy of:
its products;
services;
claims;
prices;
offers;
promotions;
landing pages;
Customer-supplied factual information.
34.2 Applicable Law
Customer-provided Advertising Materials must comply with applicable:
advertising law;
competition law;
media law;
intellectual-property law;
sector-specific regulation.
34.3 Regulated Products
Additional requirements may apply particularly to advertising concerning regulated products or services.
34.4 Mandatory Information
The Customer must provide warnings, disclaimers and mandatory information dependent on the Customer’s product, service or offer.
34.5 No Legal Advice
SimpleBid does not provide legal advice unless expressly commissioned as a separate service.
Creative or Campaign review by SimpleBid does not constitute a comprehensive legal opinion.
35. Political Advertising
35.1 Prior Agreement
Political advertising, election advertising and comparable regulated political advertising services are accepted only where expressly agreed by SimpleBid before booking.
35.2 Compliance
Any accepted political advertising Campaign is subject to applicable transparency, sponsor-identification, targeting, record-keeping and other legal requirements.
35.3 Customer Information
The Customer must provide information and declarations reasonably required for lawful Campaign delivery.
35.4 Refusal or Suspension
SimpleBid may refuse or suspend political advertising where legal or technical compliance cannot reasonably be ensured.
36. Data Protection and Tracking
36.1 Responsibility
Each party is responsible for data-protection obligations applicable to its own processing activities.
36.2 Roles
Depending on the processing operation, SimpleBid, the Customer and third parties may act as:
controllers;
joint controllers;
processors.
36.3 Additional Agreements
Where legally required, the parties will enter into an appropriate data-processing or joint-controller agreement.
36.4 Customer Data
The Customer must have an appropriate legal basis for personal data supplied to SimpleBid.
36.5 Tracking
The Customer is responsible for applicable consent and privacy requirements concerning tracking technology implemented on websites or apps controlled by the Customer.
36.6 SimpleBid Responsibility
SimpleBid remains responsible for processing activities legally attributable to SimpleBid itself.
37. Reporting and Measurement
37.1 Reporting
Reporting is provided according to the booked product and technical availability.
37.2 Metrics
Reporting may include:
impressions;
clicks;
spend;
CPM;
geographic information;
device information;
completion rates;
view-through metrics;
estimated reach;
QR-code interactions or scans where supported and technically tracked.
37.3 Third-Party Data
Data may originate from SimpleBid or third-party systems.
37.4 Preliminary Data
Real-time reporting may be preliminary.
37.5 Measurement Differences
Normal technical discrepancies between advertising measurement systems do not in themselves constitute defective performance.
SimpleBid will reasonably investigate material discrepancies upon request.
38. Cancellation, Pausing and Refunds
38.1 Customer Requests
The Customer may request cancellation or pausing of a Campaign or creative order.
38.2 Feasibility
Cancellation or pausing is subject to technical feasibility and binding third-party commitments already made.
38.3 Before Performance
Before SimpleBid has begun performance or incurred relevant costs, refundable amounts will generally be returned less non-refundable payment-processing or third-party costs actually incurred.
38.4 After Performance Has Begun
Once Campaign setup, creative production, media reservation, media procurement or another contracted service has commenced, SimpleBid may retain or deduct:
the value of services already performed;
costs actually incurred;
irrevocably committed costs.
38.5 Preview Production
Once Preview Production has been materially performed and a usable Preview has been provided, the Preview Production Fee is earned and is not refundable merely because the Customer decides not to make a qualifying purchase.
38.6 Delivered Media
Delivered Media is non-refundable.
38.7 Creative Services
Creative-production fees are refundable only to the extent the relevant work has not yet been performed or validly committed.
38.8 Campaign-Linked Creative Discount
Where section 15 applies, cancellation of the associated Campaign before commencement of Media Delivery may cause the relevant standalone Creative price to become payable.
38.9 No Unearned Retention
SimpleBid will not retain amounts for services neither performed nor validly committed unless another legal basis exists.
38.10 Statutory Rights
Statutory rights concerning defective performance, non-performance or termination for cause remain unaffected.
39. Campaign and Production Changes
39.1 Customer Changes
Customer-requested changes after booking are subject to feasibility.
39.2 Pricing Effects
Changes may affect:
price;
CPM;
Media Budget;
inventory;
Campaign timing;
production effort.
39.3 Additional Work
Material additional work may be separately charged if SimpleBid informs the Customer before performing the additional work.
40. Rights in Customer Materials
40.1 License
The Customer grants SimpleBid a non-exclusive, worldwide right limited to contractual performance to use Customer Materials.
40.2 Scope
This includes, to the extent reasonably required:
storage;
reproduction;
editing;
adaptation;
processing;
creation of derivative production material;
transmission to service providers;
Campaign delivery.
40.3 Ownership
Ownership of pre-existing Customer Materials remains with the Customer or relevant rights holder.
41. Rights in Preview Materials
41.1 Reserved Rights
Until the relevant final creative product has been purchased and fully paid, all commercial rights in the Preview remain reserved.
41.2 Evaluation Right
The Customer receives a limited, non-exclusive and non-transferable right to view the Preview solely for internal evaluation.
41.3 Prohibited Use
Without final purchase, the Customer may not:
remove a Preview watermark;
publish the Preview;
use it in advertising;
provide it to a DSP or Publisher;
commercially exploit it;
reproduce it for commercial use.
41.4 Purchase
Upon full payment of the applicable final creative product, the Customer receives the applicable usage rights described in section 42.
42. Rights in Final Created Materials
42.1 Customer Materials
Customer trademarks, logos and other pre-existing Customer Materials remain with the Customer or applicable rights holder.
42.2 SimpleBid Technology
SimpleBid and its licensors retain rights in:
software;
technology;
workflows;
templates;
production methods;
reusable components;
know-how.
42.3 Customer Usage Rights
Subject to full payment, the Customer receives a non-exclusive, worldwide and time-unlimited right to use the final approved Created Clip or Display Ad for the Customer’s own:
advertising;
marketing;
corporate communications.
42.4 Publication
The Customer may reproduce, publish, display and distribute final materials subject to applicable third-party licensing restrictions.
42.5 Resale
Unless otherwise agreed, the Customer may not resell a Created Clip or Display Ad as a standalone creative-production product to unrelated third parties.
42.6 Source Material
Unless otherwise agreed, the following are not transferred:
raw files;
editable project files;
source files;
internal prompts;
intermediate production results;
internal workflows.
43. Third-Party Licensed Elements
43.1 Licensed Assets
Created materials may contain third-party licensed elements, including:
music;
stock material;
fonts;
templates;
voice technology;
other production assets.
43.2 License Conditions
Such elements remain subject to applicable third-party licensing conditions.
44. SimpleBid Intellectual Property
44.1 Ownership
All rights in the Platform, SimpleBid software, technology, interfaces, databases, trademarks, documentation and proprietary systems remain with SimpleBid or its licensors.
44.2 Platform Use
The Customer receives only the limited right necessary to use the Platform for the agreed business purposes.
44.3 Restrictions
Except where mandatory law permits otherwise, the Customer may not unlawfully:
copy;
scrape;
reverse engineer;
decompile;
resell;
sublicense;
commercially exploit
the Platform outside its intended use.
45. Third-Party Services
45.1 Dependencies
SimpleBid services may depend on AI Providers, DSPs, Publishers, hosting providers, payment providers and other third parties.
45.2 Subcontractors
SimpleBid remains responsible for its subcontractors to the extent required by applicable law.
45.3 Independent Third-Party Decisions
SimpleBid is not responsible for independent policy decisions or failures of third parties outside SimpleBid’s contractual sphere of responsibility.
45.4 Replacement
Where a material third-party service becomes unavailable, SimpleBid may substitute a reasonably equivalent provider or technology where this does not materially disadvantage the Customer.
45.5 No Alternative
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 not already validly earned or irrevocably committed.
46. Platform Availability
46.1 Reasonable Availability
SimpleBid will use reasonable efforts to maintain reliable Platform availability.
46.2 No General SLA
Unless expressly agreed in a separate service-level agreement, uninterrupted Platform availability is not guaranteed.
46.3 Temporary Restrictions
SimpleBid may temporarily restrict access for:
maintenance;
security;
technical incidents;
legal compliance;
protection of infrastructure.
47. Confidentiality
47.1 Duty of Confidentiality
Each party must protect the other party’s confidential information and use it only in connection with the contractual relationship.
47.2 Confidential Information
Confidential information includes non-public:
commercial information;
pricing information;
Campaign data;
strategy;
creative material;
technical information;
business information.
47.3 Exceptions
The obligation does not apply to information that:
is publicly available without breach;
was lawfully known;
was independently developed;
was lawfully obtained from a third party;
must be disclosed by law.
47.4 Duration
General confidentiality obligations continue for three years following termination.
Trade secrets remain protected for as long as they qualify for legal protection.
48. Customer References
48.1 Name and Logo
SimpleBid may use the Customer’s name or logo as a commercial customer reference only with Customer consent or another valid authorisation.
48.2 Confidential Campaign Data
SimpleBid will not publish confidential Campaign results or unpublished creative material without authorisation.
49. Customer Representations and Cooperation
49.1 Representations
The Customer represents that:
it acts as a business;
persons placing orders are authorised;
Customer-provided information is materially accurate;
required rights are available;
advertised products and services may lawfully be offered.
49.2 Cooperation
The Customer must reasonably cooperate where required for SimpleBid’s performance.
49.3 Changes
The Customer must notify SimpleBid where previously supplied factual information materially changes.
50. Indemnification
50.1 Customer Indemnity
To the extent legally permissible, the Customer shall indemnify SimpleBid against justified third-party claims arising from a culpable breach by the Customer or from unlawful:
Customer Materials;
Customer products;
Customer services;
landing pages;
Customer instructions.
50.2 Covered Claims
This applies particularly to justified claims concerning:
intellectual-property rights;
personality rights;
advertising law;
data-protection law.
50.3 Legal Costs
The indemnity includes reasonable and necessary external legal-defence costs.
50.4 Notice
SimpleBid shall notify the Customer without undue delay of a relevant claim.
50.5 SimpleBid Responsibility
No indemnity applies to the extent the relevant claim was caused by SimpleBid’s own intentional or negligent breach of contractual or statutory obligations.
50.6 Customer Approval
Customer approval does not by itself make the Customer responsible for an infringement created solely by SimpleBid which was not reasonably recognisable to the Customer during review.
51. Liability
51.1 Unlimited Liability
SimpleBid is liable without limitation:
for intent;
for gross negligence;
for culpable injury to life, body or health;
in cases of fraud;
under mandatory product-liability law;
where SimpleBid expressly assumes a guarantee.
51.2 Simple Negligence
In cases of simple negligence, SimpleBid is liable only for breach of a material contractual obligation.
A material contractual obligation is an obligation whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the Customer may ordinarily rely.
51.3 Foreseeable Damage
In such cases, liability is limited to damage typical for the contract and reasonably foreseeable when the contract was concluded.
51.4 No Guaranteed Business Result
SimpleBid is not liable merely because:
an unguaranteed Campaign result is not achieved;
AI-generated material is not unique;
a particular AI model becomes unavailable;
an independent third party changes its policies.
51.5 Own Breach
Nothing in section 51.4 excludes liability for SimpleBid’s own culpable breach of contractual obligations.
51.6 Representatives and Agents
The limitations of this section also apply for the benefit of SimpleBid’s legal representatives, employees and vicarious agents.
52. Force Majeure
52.1 Events Outside Reasonable Control
Neither party is liable for delay or non-performance caused by events outside its reasonable control, except for payment obligations already due.
52.2 Examples
Such events may include:
natural disasters;
war;
terrorism;
governmental measures;
epidemics;
major cyberattacks;
widespread infrastructure failures;
major third-party platform outages;
labour disputes;
comparable events.
52.3 Mitigation
The affected party must use reasonable efforts to mitigate the effects.
53. Enterprise, Agency and Framework Agreements
53.1 Separate Agreements
SimpleBid may enter into Enterprise, Agency, Volume or Framework Agreements with selected Customers.
53.2 Individual Terms
Such agreements may regulate:
pricing;
Media Budgets;
volume discounts;
payment terms;
agency use;
white-label arrangements;
SLAs;
AI-data treatment;
reporting;
Custom Production;
intellectual property;
liability.
53.3 Priority
Such an agreement takes precedence over these Terms with respect to matters specifically regulated by it.
54. Term and Termination
54.1 Platform Relationship
The general Platform relationship runs for an indefinite period unless otherwise agreed.
54.2 Ordinary Termination
Either party may terminate the general Platform relationship with 14 calendar days’ notice in Text Form.
54.3 Existing Orders
Termination of the general Platform relationship does not automatically terminate:
Campaigns already concluded;
Local service periods already committed;
creative orders already accepted;
payment obligations already incurred.
54.4 Local Products
Monthly Local packages are additionally governed by section 9.9.
54.5 Good Cause
Either party may terminate for good cause in accordance with applicable law.
Good cause for SimpleBid may exist particularly in cases of:
material payment default;
serious or repeated contractual breach;
fraudulent use;
unlawful use;
material security risk.
54.6 Opportunity to Cure
Where a breach can reasonably be cured, SimpleBid will generally provide an appropriate opportunity to remedy it before termination unless such opportunity is legally unnecessary or unreasonable.
55. Changes to These Terms
55.1 Future Contracts
SimpleBid may amend these Terms for future contracts at any time.
55.2 Existing Relationships
For ongoing contractual relationships, SimpleBid may propose changes where reasonably necessary because of:
changes in law;
regulatory developments;
material case law;
security requirements;
technical developments;
material DSP requirements;
material Publisher requirements;
material AI Provider requirements;
material Platform changes.
55.3 Material Terms
Material changes to essential prices, core contractual services or liability provisions generally require express Customer agreement unless directly required by mandatory law.
55.4 Deemed Acceptance
Failure to object will be treated as acceptance only where legally permissible and after clear advance notice explaining:
the proposed changes;
the effective date;
the Customer’s right to object;
the consequences of failing to object.
56. Assignment and Subcontractors
56.1 Subcontractors
SimpleBid may use subcontractors for contractual performance.
56.2 Business Transfer
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.
56.3 Other Transfers
Other transfers remain subject to applicable law.
57. Communications
57.1 Text Form
Contractual communications may be made in Text Form unless stricter form is required by law.
57.2 Communication Channels
SimpleBid may communicate via:
email;
Platform notifications.
57.3 Customer Information
The Customer must maintain current business contact information.
58. Additional Documents and Order of Precedence
58.1 Additional Contract Documents
Additional documents may apply where expressly incorporated, including:
quotations;
order confirmations;
Campaign confirmations;
product-specific terms;
Platform product descriptions;
technical specifications;
data-processing agreements;
Publisher requirements;
Enterprise Agreements;
Agency Agreements.
58.2 Order of Precedence
In the event of conflict, the following order generally applies:
individually negotiated agreement;
Customer-specific quotation or order confirmation;
product-specific terms;
applicable technical specifications;
these Terms.
A data-processing agreement takes precedence for its specific data-protection subject matter.
58.3 Mandatory Law
Mandatory law always prevails.
59. Governing Law and Jurisdiction
59.1 German Law
All contractual relationships between SimpleBid and the Customer are governed by the laws of the Federal Republic of Germany.
59.2 CISG
The United Nations Convention on Contracts for the International Sale of Goods is excluded.
59.3 Jurisdiction
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.
59.4 Other Jurisdiction
SimpleBid may also bring proceedings before another court having statutory jurisdiction where legally permissible.
59.5 Place of Performance
Unless otherwise agreed, the place of performance is Hamburg.
60. Severability
60.1 Remaining Terms
If an individual provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected to the extent legally permissible.
60.2 Statutory Provision
The applicable statutory provision applies instead of an invalid standard term.
60.3 No Impermissible Modification
Nothing in this section is intended to preserve or modify an invalid standard term in a manner contrary to applicable German law governing standard business terms.
61. Language
61.1 Language Versions
These Terms may be made available in English and German.
61.2 Controlling Version
The contractual language version expressly designated for the relevant contract shall prevail to the extent legally permissible.
61.3 German Law
Where English is designated as the controlling version, these Terms nevertheless remain governed by German law.