top of page

Terms of Service

Effective Date: June 15, 2025

Bidfuse Consent Management Platform – Terms of Service

Effective Date: [Insert Date]

Please review these Terms of Service (the “Agreement”), along with our Privacy Policy [insert URL] and Data Protection Addendum (“DPA”), as they collectively govern your access to and use of the Bidfuse Consent Management Platform (the “Platform”) provided by Bidfuse, Inc. (“Bidfuse”, “we”, or “our”).
This Agreement constitutes a binding contract between you and Bidfuse. IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER LEGAL ENTITY (“ENTITY”), THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS ON BEHALF OF SUCH ENTITY, AND "YOU," “YOUR,” OR “CUSTOMER” SHALL REFER TO BOTH YOU AS AN INDIVIDUAL AND THE ENTITY.
Bidfuse reserves the right to revise these Terms at any time. Material changes may be communicated via reasonable means, including posting the updated Agreement on our website. The “Effective Date” above indicates the most recent changes. Continued use of the Platform following notice constitutes acceptance. If you do not accept the revised Agreement, you must cease use of the Platform immediately. Changes will not apply retroactively to disputes arising before the Effective Date.

1. Definitions

  • Applicable Privacy Laws: Refers to laws including but not limited to the General Data Protection Regulation (“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 Customer'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 consent 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 affiliates 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 actions 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 PLATFORM 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 submitting 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, CONSEQUENTIAL, 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 tag/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 agreements. 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.

bottom of page