BIDSYSTEM ADVERTISING TERMS OF SERVICE
Last updated: February 18, 2026Welcome to BidSystem! Thank you for your interest in the BidSystem platform and its features and services made available as part of the platform (the “Services”). Our Services include, but are not limited to, the use of our website https://bidsystem.ai/ (“Website”), including any applications, services, tools, features, content and functionality located on our Website, through any of our APIs, or through any software or other websites that interface with our Website or its APIs and such other websites, products, and services that may be introduced in the future (collectively, and together with the Website, the “Services”).
These Terms of Service (“Terms of Service”) apply to your (“Advertiser,” “you,” or “your”) use of the BidSystem Services. By using the Services, you agree that these Terms of Service form a legally binding agreement between you and Ezoic Inc. d/b/a BidSystem (“BidSystem,” “Company,” “we,” or “us”). As used in these Terms of Service, “you,” “your” or “Advertiser” means the individual or entity using the Services and/or any other individuals or entities acting on your behalf, at your direction, under your control, including any authorized agency acting on your behalf. The “parties” means you and BidSystem. References to BidSystem’s “Affiliates” in these Terms of Service means the other companies and brands within the Ezoic Inc. corporate group (now or in the future).
Before you use any BidSystem Services, you are required to read, understand and agree to these Terms of Service and our Privacy Policy, found at https://bidsystem.ai/privacy and incorporated herein by reference. You (a) acknowledge that you have read and understand the Terms of Service; (b) represent and warrant that you have the right, power, and authority to enter into the Terms of Service and, if entering into the Terms of Service for an organization, that you have the legal authority to bind that organization and, if individually that you or your representative or agent are at least 18 years of age; and (c) accept and agree to be bound and abide by the Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.
The Company may, in its sole discretion, revise and update these Terms of Service from time to time and you agree to such revisions by your continued use of the Services. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
1. Overview of Services
BidSystem is an online advertising distribution platform where advertisers can distribute as applicable, advertisements, ad network code and other advertising content (“Advertiser Content”) on Company’s network of owned or non-owned third-party website(s), mobile applications, media players, mobile content, and/or other properties approved by Company (each a “Property,” and collectively the “Network”). You shall provide Company the Advertiser Content via the BidSystem online platform. You agree to compensate Company for the Services pursuant to these Terms of Service and the parameters set forth in each advertising campaign created on the platform, including, but not limited to, budget, dates, targeting, delivery parameters, and associated advertisements, advertisement groups and Advertiser Content (each, a “Campaign”). All advertising purchased through the Services is organized and governed on a campaign basis, and Campaign settings reflected in the online platform constitute the authoritative record of delivery and billing.
These Terms of Service shall govern the relationship between Company and you for any orders to run Advertiser Content on the Network (i.e., Campaign(s)). If Campaigns reference a separate written agreement between Company and you, any such agreement applies only to the specific Campaign(s) identified and only with respect to pricing, dates, and payment terms expressly stated therein. In the event of a conflict, Campaign settings in the platform control, followed by the applicable separate agreement/insertion order, and then these Terms of Service.
2. Advertiser Content and Materials
Except as provided in these Terms of Service, you are solely responsible for creating and delivering to Company all Advertiser Content to be displayed on the Network. You shall provide all Advertiser Content in accordance with the technical requirements and specifications applicable to the Services. Company will not issue any credits or provide any alternative Campaign options as a result of any problems with the Advertiser Content, or any other errors made by you. Company may, in its sole and absolute discretion, reject, cancel or remove any Advertiser Content, advertisements, or any portion thereof, pause any Campaign, and restrict or suspend access to the Services.
You are solely responsible for all Advertiser Content and materials. You represent and warrant that you hold all rights necessary to use and license the Advertiser Content. You grant Company, its Affiliates, publishers, and service providers a worldwide, non-exclusive, royalty-free, fully paid license and right to use, host, reproduce, distribute, display, perform, transmit, and technically modify the Advertiser Content as necessary to provide, operate, optimize, and improve the Services and fulfill Campaign(s). Your Advertiser Content must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Company may reject, suspend, or remove any Campaign or Advertiser Content that Company determines, in its sole discretion, may violate applicable third-party advertising policies or otherwise jeopardize delivery through the Network. Certain Campaigns may be delivered through inventory, platforms, or exchanges that are subject to third-party advertising policies, including Google Advertising Policies. As a condition of delivery, Advertiser Content must comply with such policies as applicable. We do not adopt, publish, or control these policies, and they are not intended to modify these Terms of Service.
3. Automated Campaign Features
The Services may include artificial intelligence or automated tools, including a chat-based agent interface (“Chat Agent”), that allow you to create, modify, configure, or optimize Campaigns, Advertiser Content, or other settings through conversational or automated inputs. By using the Chat Agent, you authorize Company to act on the inputs, prompts, confirmations, and selections you provide through such interface. Actions taken by the Chat Agent based on your inputs are deemed actions taken by you and form part of your Campaign. You are solely responsible for all Campaign settings and Advertiser Content created, modified, or optimized through the Chat Agent.
Campaigns created or modified using the Chat Agent are subject to the same performance variability and limitations as any other Campaign, and Company does not guarantee that use of the Chat Agent will improve performance or achieve specific results. Company is not responsible for errors, ambiguities, omissions, or unintended instructions resulting from your prompts, inputs, confirmations, or selections in the Chat Agent interface. Company may, but is not obligated to, review, modify, suspend, or reject any Campaign or Advertiser Content created or modified through the Chat Agent in accordance with these Terms of Service.
You agree to defend, indemnify, and hold harmless Company, its Affiliates, publishers, and service providers from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or relating to any and all Campaigns, Advertiser Content, or settings created, modified, or deployed through the Chat Agent. Company may modify, limit, suspend, or discontinue the Chat Agent or related AI features at any time in its sole discretion.
4. Accounts and Account Security
Use of our Services is subject to your creation and our approval of a BidSystem account (an “Account”). From time-to-time we may ask for additional information from you in order to verify your Account. By creating an Account, you agree to accept responsibility for all activities that occur under your Account or password. You are prohibited from registering multiple accounts for your own use and from registering accounts on behalf of any other person or entity unless expressly authorized by such person or entity to do so. We reserve the right, in our sole discretion, to refuse, restrict or limit your access to some parts or all of the Services, or suspend or terminate your Account. Further, we reserve the right to withdraw or amend our Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. We may take enforcement, suspension, or termination actions at the ad, advertisement group, Campaign, or Account level, in our sole discretion. To delete your Account, you can contact our support. We will respond to requests without undue delay.
5. License and Access to the Services
Subject to your compliance with these Terms of Service, you are granted a non-exclusive, limited, non-transferable, freely revocable license (i) to access and use the Services. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Services, or any part thereof; or (iii) for purposes of building or marketing a competitive product. You further agree not to use any device, software, routine, or method that interferes with, disrupts, or circumvents the proper operation of the Services, or to otherwise attempt to interfere with the proper working of the Services.
6. Availability of the Services
We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We further reserve the right to withdraw or revoke at any time, with or without cause, any link to the Services without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period or indefinitely. From time to time, we may restrict access to the Services, in part or in whole.
7. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes.
8. BidSystem Intellectual Property Rights
The Company owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Services and its products. Except as expressly set out in these Terms of Service, all intellectual property rights in and to the Services, remain the sole property of the Company and its licensors. You assign to the Company any suggestions, ideas, enhancement requests or other feedback you provide to the Company related to the Services or the Company’s products.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website or used in connection with the Services are the trademarks of their respective owners.
9. Advertiser Content and Conduct
All Advertiser Content must comply with these Terms of Service. If you upload Advertiser Content, you shall not submit any Advertiser Content to the Service that does not comply with these Terms of Service or applicable law. The Advertiser Content you submit must not include third-party intellectual property (e.g., copyrighted material) unless you have express permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Advertiser Content you submit to the Service. You retain ownership rights in your Advertiser Content, provided, however, you grant certain rights to Company and its Affiliates, as described in the Terms of Service. Company may identify Advertiser as a client and use Advertiser’s name and logo for marketing purposes, subject to Advertiser’s trademark guidelines, if any. We may share Campaign performance data with our Network.
Other than as set out expressly in the Terms of Service or any other agreement between the parties, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party's licensors. No right, title or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by Company. As between you and the Company, you own all right, title and interest in and to your Advertiser Content. We are not responsible, or liable to any third party, for the content or accuracy of your Advertiser Content.
10. Monitoring and Enforcement; Termination
We have the right to: (i) remove or refuse any Advertiser Content for any or no reason in our sole discretion, (ii) take any action with respect to any Advertiser Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Advertiser Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity or could create liability for the Company, and (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to disable or terminate any Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
11. Payment for Services
In advance of distributing any Advertiser Content on the Network, Company may require a prepayment for some or all of the Campaign from you until such time that Company, in its sole discretion, determines otherwise, which may require establishing a credit history with Company. You must pay the total amount due for the Campaign in advance of the start date specified in the therein. Except as expressly required by applicable law or expressly agreed to in writing by Company, all Campaign fees are non-refundable.
If Company approves you for credit, we will invoice you or charge the credit card submitted by you according to the billing Campaign details. Unless otherwise agreed to in writing, payments to Company are due upon receipt of the invoice. Delinquent payments shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from original due date until paid in full. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by Company in collecting such amounts. All payments due are in U.S. dollars and are exclusive of any applicable taxes, which applicable taxes shall be your responsibility. We may change our pricing and/or payment structure at any time. If you dispute any billing relating to your use of the Services, you must notify us in writing within 30 days of such payment. If you do not, any claim related to the disputed payment is waived. Initiating a chargeback or payment dispute without Company’s prior written consent constitutes a material breach of these Terms of Service. If you act as an agency on behalf of an Advertiser, you are jointly and severally responsible for all obligations under these Terms of Service.
We may use one or more third-party payment processors (each, a “Payment Processor”) for payment services (e.g., card acceptance and merchant settlement). By using such method, you agree to be bound by the applicable Payment Processor’s terms and policies, and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Method and any other third-party service provider(s) as required to complete your transactions.
Company may, in its sole discretion, exclude, filter, withhold, reverse, or adjust any impressions, clicks, conversions, referral events, or other Campaign activity that Company determines to be invalid, fraudulent, non-human, incentivized, artificially generated, non-compliant, or otherwise improper (“Invalid Activity”). Invalid Activity includes, without limitation: (i) traffic generated by bots, automated scripts, crawlers, or similar mechanisms; (ii) activity originating from IP addresses, devices, or systems under Advertiser’s control; (iii) activity solicited or generated through payment, incentives, misrepresentation, or requests for end users to click, convert, or take action; (iv) activity that violates applicable law, these Terms of Service, or third-party advertising policies; or (v) activity identified as invalid by Company’s internal systems, third-party fraud detection tools, exchanges, supply partners, or measurement providers. Company shall have the sole authority to determine whether activity constitutes Invalid Activity, and Company’s determination and reporting shall be final and binding. Company may adjust Campaign delivery metrics, billing, reporting, or charges at any time to reflect the exclusion of Invalid Activity, including after initial reporting or invoicing. Advertiser is not entitled to any credit, refund, or payment for Invalid Activity.
12. Reporting
We will provide you with access to online reporting information so that you may monitor your Campaign(s). All amounts shown in the BidSystem dashboard are estimates and are subject to change at any time. Company will undertake commercially reasonable efforts to provide accurate reporting. Because the estimates are forecasts, however, we make no guarantee regarding the levels of impressions or performance for any advertisement. You acknowledge that reporting provided by Company is the official and definitive measurements of performance. No other measurements or usage statistics (including those of you or any third party) shall be accepted by Company or have any effect on these Terms of Service.
13. Confidentiality
You may be given access to Confidential Information of the Company, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms of Service. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that the Company or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, screenshots, pictures, drawings or other representations or descriptions of the Service, including the entire BidSystem dashboard, the existence of, information about, or the terms of, any non-public beta or experimental features in a Service, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms of Service; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to the Company and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible. Further, you may disclose the amount of Company’s gross payments to you from your use of the Services. Company shall be permitted to identify you as a customer, to use you or your website(s)’ name or logo in connection with proposals to prospective customers, and for marketing or reference purposes.
14. Information About You and Your Use of the Services
All information we collect is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
15. Links from the Services; Third Party Services and Features
The Services may contain links to other sites and resources provided by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Geographic Restrictions
The owner of the Website and Services is based in the United States. We make no claims that the Website, Services or any related content is accessible or appropriate outside of the United States. If you access the Website or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
Company does not guarantee the success, performance, or outcomes of any Campaign, including impressions, clicks, conversions, revenue, return on investment, or delivery on any particular site or placement. Campaign performance may vary based on numerous factors outside of Company’s control, including Advertiser Content, targeting, budget, market conditions, inventory availability, and third-party platform requirements.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND THE COMPANY AND ITS AFFILIATES WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, (2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
18. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE OR THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY ADVERTISER CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR USE OF THE SERVICES OR SUCH OTHER WEBSITES, ANY ADVERTISER CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO AMOUNTS PAID BY YOU TO COMPANY FOR THE APPLICABLE CAMPAIGN(S) DURING THE 6 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
19. Indemnity
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of and access to the Services; (ii) your Advertiser Content; (iii) your violation of any of these Terms of Service; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; (v) your violation of applicable laws or regulations; or (vi) any claim that your Advertiser Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Service and/or your use of the Services. The Company reserves the right to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
20. Governing Law and Jurisdiction
All matters arising out of or relating to the Services or these Terms of Service, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. The parties shall first attempt in good faith to resolve their dispute informally, without the necessity of a formal proceeding. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
22. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
24. Miscellaneous
You hereby consent to receiving electronic communications from us, including through your BidSystem dashboard. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Notwithstanding the foregoing, Any notices to us must be sent to our corporate headquarters address above and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. The authoritative version of our Terms of Service are available at: https://bidsystem.ai/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version shall control in the event of any dispute between the parties. The terms and conditions contained in the Terms of Service that by their nature are intended to survive termination, shall survive and continue in full force and effect. The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
25. Contact
We welcome your questions, comments, and feedback and other communications relating to the Services. You can contact us at Ezoic d/b/a BidSystem, 6023 Innovation Way, Suite 200, Carlsbad, California 92009, United States.