Terms of Service

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Table of Contents

1

TERMS OF SERVICE

1. Definitions

Applicable Privacy Laws: Refers to laws including but not limited to the General Data Protection Regula-tion (“GDPR”) and the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”).

CCPA: California Civil Code §§ 1798.100 et seq., as amended.

CMP Code: Refers to the JavaScript tag or SDK provided by Bidfuse to integrate the Platform into Custo-mer’s web or mobile environments, including any enhancements.

DPA: The Bidfuse Data Protection Addendum, incorporated by reference herein [insert URL].

EU GDPR: Regulation (EU) 2016/679.

UK GDPR: The GDPR as retained in UK law via the European Union (Withdrawal) Act 2018.

IAB Privacy Frameworks: Includes the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.

Personal Data: As defined under Applicable Privacy Laws.

2. Platform Functionality and Customer Responsibilities

a. Access and Use.

Bidfuse grants Customer access to the Platform and technical documentation (the “Implementation Guide”) for lawful integration into Customer’s digital properties. The Platform enables display of a con-sent interface and management of user privacy preferences in accordance with Applicable Privacy Laws and relevant IAB Frameworks.

b. Data Processing.

If Personal Data is processed through the Platform, the DPA shall apply and is hereby incorporated into this Agreement by reference.

c. Customer Commitments.

Customer agrees to:

(i) Obtain all necessary authorizations for deployment of the Platform.

(ii) Integrate the TAGS/RTB Endpoints in accordance with the Implementation Guide.

(iii) Not modify, disrupt, or interfere with the Platform or any related systems.

(iv) Refrain from removing or altering proprietary notices on Bidfuse materials.

(v) Not reverse engineer or attempt to derive source code from any Platform component.

(vi) Not reproduce, distribute, lease, sublicense, or exploit the Platform for competitive purposes.

3. Indemnification

Customer agrees to indemnify and hold harmless Bidfuse, its officers, directors, employees, and affilia-tes against any third-party claims, damages, fines, losses, or expenses (including reasonable attorneys’ fees) resulting from:

(a) Customer’s use of the Platform;

(b) Breach of this Agreement; or

(c) Violation of Applicable Privacy Laws caused by Customer.

In the event Bidfuse is held liable for damages under Article 82(4) of the GDPR due to Customer’s ac-tions or omissions, Customer shall fully indemnify Bidfuse per Article 82(5).

4. Disclaimers

THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDFUSE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SYSTEM PERFORMANCE. BIDFUSE DOES NOT GUARANTEE THAT THE PLAT-FORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT IT WILL MEET CUSTOMER’S REQUIREMENTS OR LEGAL OBLIGATIONS.

5. Termination

This Agreement remains effective until terminated. Customer may terminate by removing the tags/RTB endpoints or providing written notice. Bidfuse may suspend or terminate access at any time, with or without cause. Upon termination, Sections 2(c), 3, 4, 5, and 7 through 11 will survive

6. Feedback

Any feedback or suggestions provided to Bidfuse may be used by Bidfuse for any purpose. By submit-ting such feedback, Customer grants Bidfuse a worldwide, perpetual, royalty-free license to use and exploit such feedback without restriction.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDFUSE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CON-SEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR INTERRUPTION OF SERVICES.

TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TWO HUNDRED FIFTY U.S. DOLLARS (USD $250.00).

Bidfuse assumes no responsibility for damages arising from misuse or unauthorized modification of the Platform.

8. Intellectual Property

Bidfuse and its licensors retain all intellectual property rights in and to the Platform, including the ta-g/RTB endpoints, documentation, and related materials. Use of the Platform does not grant Customer any rights beyond those expressly provided in this Agreement.

9. Notices

Legal notices to Bidfuse must be delivered via hand, email, or postal mail to:

Bidfuse, Inc.

[Insert Full Address]

Attn: Legal Department

Email: [Insert Legal Email]

Notices to Customer may be provided via email or posted on the Platform.

10. Miscellaneous

This Agreement constitutes the full understanding between the parties and supersedes all prior agree-ments. If any provision is deemed unenforceable, the remainder shall remain in effect. Customer may not assign this Agreement without Bidfuse’s written consent. Bidfuse may assign freely. This Agreement does not create a partnership, agency, or joint venture.

11. Governing Law

This Agreement is governed by the laws of the State of Delaware, excluding conflict of law principles. Venue for any disputes shall lie exclusively in the state or federal courts located in Dover, Delaware.

2

TRUST & SAFETY AT BIDFUSE

At Bidfuse, safeguarding the interests of our users, advertisers, and publishing partners is central to our mission. As digital advertising continues to expand-especially on mobile devices-so too does the risk of fraudulent activity. Fraud is ever-evolving, and bad actors constantly adapt to exploit weaknesses in the advertising ecosystem.

To counter this, Bidfuse has developed a comprehensive trust and safety framework across our su-pply-side platform (SSP) and exchange. Our approach ensures that advertising runs in a brand-safe, fraud-resistant environment.

Brand Safety

We define “Brand Safety” as the proactive steps taken to prevent brand association with harmful, ille-gal, or otherwise inappropriate content. Ads appearing next to such material can damage brand re-putation and ROI. Bidfuse aligns with the brand safety standards set by organizations such as the 4A’s and IAB, and we strictly prohibit advertising against the following high-risk content categories:

Sexually explicit or adult content

Weapons, firearms, and ammunition

Graphic violence, death, or injury

Pirated content or unauthorized distribution

Hate speech or incitement to violence

Sensitive or controversial political/social content

Spam or deceptive and harmful material

Mobile Web Integrity

Although consumers spend more time on apps than on mobile websites, mobile web still plays a sig-nificant role in ad traffic. Unfortunately, this space is often targeted by fraudsters seeking to exploit ad-vertisers and publishers.

To protect our ecosystem, all new publishers undergo a thorough review before onboarding. Every listed website is vetted for compliance with Bidfuse content policies. Additionally, we work with MRC-accredited third-party providers to audit traffic quality and screen for invalid behavior. Our inter-nal teams further verify that no restricted or harmful content is present.

Connected TV (CTV) & OTT Video

Video consumption has skyrocketed across Connected TV (CTV) and OTT platforms. With this growth, fraud in OTT advertising has also increased. Bidfuse maintains a strict evaluation process for all CTV/OTT inventory and partners.

All CTV/OTT apps must comply with our content standards and are reviewed for COPPA compliance. We partner with MRC-accredited vendors to detect and prevent invalid activities across video supply and ensure adherence to industry benchmarks from TAG, IAB, and MRC.

Protecting Publishers and Advertisers from Invalid Activity

Publisher Protections

We expect our advertising demand partners to avoid content that is deceptive, illegal, misleading, spammy, or otherwise inappropriate. Our zero-tolerance policy ensures that non-compliant creatives are removed and that offenders are suspended from our network.

To uphold ad quality, Bidfuse uses a multi-layered screening process:

Buyer Identity Verification: Each advertiser is vetted through contact validation and category classifi-cation using IAB standards.

Programmatic Controls: Publishers can apply buyer-specific filtering and enforce custom traffic thres-holds (QPS).

Malvertising Protection: Our SDK detects and intercepts auto-redirects and other malicious ad beha-vior before delivery.

Real-Time Threat Detection: Internal tools scan creatives to identify malicious domains or unsafe con-tent before display.

Advertiser Protections

Ad fraud-including fake impressions, bot traffic, and invalid leads-wastes ad spend and corrupts campaign performance data. To shield advertisers, Bidfuse enforces rigorous onboarding and inven-tory controls:

Seller Verification: We validate app/site ownership, require proper categorization, and enforce ads.txt and app-ads.txt adoption.

Transparency Through ads.txt/app-ads.txt: These standards help advertisers confirm that they are buying legitimate inventory. Detailed instructions for participation are provided and supported by our quality team.

CTV/OTT Ownership Disclosure: For inventory-sharing models (e.g., content creators, distributors), appropriate ownership and authorization details must be listed in the app-ads.txt file.

Ad Adjacency Controls: Publishers with high traffic are routinely reviewed to prevent disruptive or unsafe ad placements.

Invalid Traffic Filtering: Our systems block unregistered bundle IDs and deactivate non-compliant pu-blishers.

Enforcement & Remediation

Bidfuse maintains a clear Anti-Fraud Governance and Take Down Policy. We run frequent audits-both internally and through independent third-party reviews (e.g., quarterly TAG CAF checks). Suspicious apps or traffic sources are promptly flagged, investigated, and, where necessary, deactivated.

If a bad actor is detected, they are removed from the platform and receive a formal suspension notice. Similarly, advertisers who violate our ad quality thresholds face account suspension, with direct communication from our quality assurance team.

Bidfuse’s platform operates in full alignment with MRC, TAG, and IAB frameworks.

For inquiries or to report a concern, please reach out to our SQA Team – Security & Quality Assurance Team via Help Center or Contact Us form.

 

3

ADVERTISING CONTENT STANDARDS

At Bidfuse.com, we’re committed to delivering a secure, transparent, and brand-safe advertising ex-perience. As a trusted partner to advertisers and media owners worldwide, we maintain strict content policies and quality checks across our network and exchange to prevent fraudulent activity and ina-ppropriate content. We do not allow advertising that includes restricted or prohibited content as outli-ned in these guidelines.

All parties working with Bidfuse-advertisers, publishers, developers, and agencies-are responsible for ensuring that the products or services they promote meet these standards and comply with all appli-cable local, regional, national, and international regulations.

Core Advertising Rules

Every claim within an ad must be verifiable and supported by credible evidence.

Advertisements must be respectful and free of offensive or inappropriate material.

Misleading, deceptive, spammy, or outdated promotions are not allowed.

Ads must not advertise or facilitate access to illegal goods or services.

Ads must respect the intellectual property and legal rights of others.

Products, pricing, deals, and discounts promoted in the ad must be easily found within two clicks from the landing page or through a basic search on your site.

These policies serve as a general framework and are not exhaustive. Depending on your region or in-dustry, additional requirements may apply. Bidfuse may update these guidelines at any time, and continued use of our services implies agreement with any such revisions.

Examples of Disallowed or Restricted Content Include:

Violent or graphic content

Sexually explicit or obscene material

Alcohol and tobacco (subject to jurisdictional restrictions)

Hate speech or discriminatory content

Illegal or unapproved drugs and supplements

Gambling services or platforms (where restricted by law)

Content related to prostitution

Weapons or tools promoting violence

Bidfuse retains the right to remove any content that it deems to be non-compliant, illegal, or otherwise harmful without prior notice and without liability.

Ad Behavior Policy

To maintain a high-quality user experience, all ads must behave predictably and respectfully when interacted with. We do not permit ads that:

Cause devices to freeze, lock up, or behave erratically

Show changing or inconsistent creative elements

Use auto-play with sound, force clicks, or redirect users automatically

Spread adware, malware, or redirect to unsafe domains

Show blank creatives, errors, or content that disappears on interaction

Lead to broken landing pages, unclickable creatives, or have missing close buttons

Mismatch between the creative and the destination landing page

Staying compliant with these policies-and our Terms and Conditions-is your responsibility. Any excep-tions must be pre-approved by Bidfuse in writing.

Violation Response Process

Bidfuse follows a strict review protocol when dealing with ad quality violations or suspicious content:

Problematic creatives will be blocked before they are published.

Ads found to breach behavior or content policies post-approval will be rejected.

Advertisers will be notified. Repeated violations may result in an immediate ban from the Bidfuse plat-form.

Please review these guidelines regularly, as they are subject to change without notice.

 

4

BIDFUSE CONTENT STANDARDS FOR PUBLISHERS

All publishers participating on the Bidfuse platform are required to comply with the content standards outlined below. These guidelines govern the suitability of content within apps and mobile websites (“Properties”) that use Bidfuse’s advertising services. Bidfuse reserves the right to revise these stan-dards at any time, and it is the responsibility of the Publisher to ensure continued compliance with the latest version. By using the Bidfuse platform, the Publisher acknowledges and agrees to be bound by the current version of these Content Standards.

1. Prohibited Content

Content included on any Publisher Property must not include or promote:

Violence or Abuse:

Depictions or descriptions of assault, rape, or sexual violence

Injury or harm inflicted on humans or animals

Graphic scenes including blood, mutilation, or dismemberment

Acts of torture or executions

Sexually Explicit or Inappropriate Material:

Full or partial nudity, including exposed breasts, genitalia, or buttocks

Simulated or implied sexual activity

Sexually explicit language or imagery

Touching or fondling of a sexual nature

Hate Speech or Discriminatory Content:

Content that promotes hatred, violence, or discrimination based on:

Race or ethnicity

National origin

Color

Religion or belief

Political affiliation

Disability or medical condition

Age or senior status

Gender identity or sexual orientation

Military or veteran status

Illegal Drugs and Related Content:

Promotion or sale of illegal substances

Content depicting or facilitating the use of recreational or herbal drugs (e.g., psilocybin, salvia)

Content encouraging drug paraphernalia or accessories

Copyright Infringement:

Content that facilitates unauthorized downloads of copyrighted materials (music, video, software, etc.)

Apps or websites offering torrents or linking to illegal file-sharing services

2. Restricted Content

Bidfuse may permit limited monetization of the following content types, subject to jurisdictional laws and compliance review:

Gambling-related apps or platforms (where legally permitted)

Content containing or depicting firearms or other weapons

Health or medical content, including birth control, fertility, and abortion topics

Alcohol and tobacco-related content

Political content or campaign material

Dating or matchmaking services

Apps or sites operating under incentive models (e.g., incentivized installs or clicks)

User-Generated Content (UGC) and Consumer-Generated Media (CGM), provided such content ad-heres to all applicable content and conduct standards

3. Behavioral Standards

Bidfuse mandates the following for all Publisher Properties:

Mobile applications must have a valid listing on a recognized app store

Mobile websites must operate under a valid, active domain name

Prohibited Behaviors Include:

Redirects or clickjacking that send users to unintended destinations

Software that initiates pop-ups, alters browser settings, or interferes with user experience

Automatic downloads triggered without user consent

Web pages that refresh automatically without user action

SEO manipulation or deceptive content construction

Ads that are hidden, non-viewable, or placed in a manner to falsify impressions (e.g., stacked ads, background ads)

Bidfuse reserves the exclusive right to determine the validity of impressions and may classify those that breach these conditions as invalid.

4. COPPA Compliance

Publishers must declare whether their Properties are compliant with the Children’s Online Privacy Pro-tection Act (COPPA) at the time of registration with Bidfuse. For more information, please refer to [COPPA].

5. Enforcement

Violation of these Content Standards may result in temporary or permanent suspension of ad place-ments, site or app-level restrictions, or full account termination, as determined solely by Bidfuse.

For further details, please review the Bidfuse Terms of Service.

5

BIDFUSE SANCTIONS COMPLIANCE POLICY

The Publisher represents, warrants, and agrees to the following as a condition of participation on the Bidfuse platform:

No Operations in Sanctioned Regions

The Publisher affirms that it is not organized under the laws of, operating from, or otherwise conduc-ting business activities in any of the following territories currently subject to comprehensive internatio-nal sanctions (“Restricted Regions”):

Crimea Region

Cuba

Iran

North Korea

Syria

Afghanistan

Russia

Audience and Content Restrictions

The Publisher further confirms that it has implemented effective geolocation controls or equivalent te-chnical measures to prevent the delivery of content to users located within any of the above-listed Restricted Regions. The Publisher shall not intentionally serve or target content to individuals or devi-ces within these jurisdictions.

Prohibited Use of Services

The Publisher agrees that Bidfuse’s services shall not be accessed, used, or made available to or for the benefit of:

Any individual or entity located in a Restricted Region

Any individual or entity identified on sanctions lists maintained by the U.S. Office of Foreign Assets Control (OFAC), the European Union, the United Nations, or other relevant sanctions authorities

Any party otherwise restricted under applicable export control, trade, or economic sanctions laws

Failure to comply with this policy may result in immediate suspension or termination of the Publisher’s access to the Bidfuse platform, in addition to any other remedies available under applicable law or agreement.

Last updated: January 05, 2025

Email: privacy@bidfuse.com

Phone: (718) 833-3817