Terms of Service

1. Acceptance and business use only

By creating a wavebird account, generating or using an API key, or using the wavebird Services, you agree to these Terms of Service.

wavebird is offered only for business, professional or entrepreneurial use. You may not register or use wavebird as a consumer within the meaning of §13 BGB. By creating an account or using the Services, you confirm that you act as an entrepreneur within the meaning of §14 BGB, or as an authorized representative of such an entrepreneur, company or other legal entity.

2. Services

Services means the wavebird website, dashboard, API, SDK, Script Tag, documentation, sandbox, production-key infrastructure, proof and reporting exports, settlement tools and related support.

Sandbox means non-production testing functionality. Production use means live traffic, live ad delivery or settlement-relevant usage.

3. License and permitted use

Subject to these Terms, wavebird grants you a limited, non-exclusive, non-transferable and revocable right to use the Services to integrate sponsored placements into your own business application.

You may use the API, dashboard, SDK and settlement outputs to operate ad-funded or sponsor-funded monetization flows in your own product, configure privacy, consent, brand-safety, payout and creative-display settings, and test integrations in the sandbox.

4. Prohibited use

• Fraud, self-dealing or generating impressions, clicks, prompts or traffic through automation intended to inflate payouts or advertiser billing.
• Circumventing billing, settlement, fraud controls, rate limits, bot/security verification, DPA gates, jurisdiction settings or operational restrictions imposed by wavebird.
• Automated mass use, credential stuffing, scraping or high-cost request automation without prior written approval.
• Reverse engineering, decompiling, probing or attempting to derive protected implementation details except where mandatory law explicitly permits it.
• Using wavebird in connection with unlawful content, malware, sanctions violations, deceptive interfaces or traffic for which you lack the required rights, notices or consent.

5. Data protection and customer responsibilities

You remain responsible for your application's user-facing disclosures, privacy notices, consent collection, moderation choices and the suitability of showing sponsored content in your product flow.

Where you act as controller and wavebird acts as processor for end-user data, production use in DPA-required jurisdictions is subject to a signed or otherwise accepted Data Processing Agreement. Sandbox and test keys may remain available while the DPA is pending.

Raw prompts are not required for standard operation. If you enable prompt-based matching, you are responsible for ensuring that your users receive the required disclosures and that you have a valid legal basis for the processing.

6. Beta features

Certain features, including SDK consent collection, proof exports, settlement tools, SSP integrations and dashboard features, may be offered as beta, preview or early-access functionality. Beta features may be incomplete, changed, suspended or discontinued and should not be used for production compliance unless wavebird expressly marks them as production-ready.

The built-in wavebird consent collection flow can collect a wavebird-local semantic-targeting choice for testing and limited first-party wrapper use. It is not an IAB Europe TCF registered CMP and must not be represented as one.

7. Payouts, taxes and settlement

Unless otherwise agreed in a written commercial schedule, wavebird applies a 10% platform fee and calculates publisher revenue after deduction of the applicable platform fee, invalid traffic adjustments, refunds, chargebacks, taxes withheld where required and other permitted offsets.

Payouts are made in EUR by monthly manual bank transfer, subject to a EUR 25 minimum payout threshold and Net 30 payment timing after the applicable settlement period unless the dashboard or a written commercial schedule states otherwise.

Settlement reports and payouts are provisional for 30 days and may be corrected for fraud, invalid traffic, advertiser disputes, chargebacks, reporting discrepancies, sanctions concerns, legal obligations, missing payout or KYC information, or unresolved disputes.

You are responsible for all taxes, invoices, VAT treatment and reporting obligations applicable to your revenue unless a written self-billing or tax schedule states otherwise. wavebird may request tax, identity, beneficial-owner, sanctions-screening or payment information before releasing payouts.

8. Payment-services posture

wavebird does not provide regulated payment services, e-money, wallet or money-remittance services. Payouts are commercial settlement payments for advertising revenue and may be processed through regulated payment providers. wavebird may refuse, delay or return payments where required to comply with law, payment-provider rules, sanctions obligations, fraud controls or unresolved disputes.

9. Suspension and termination

Either party may terminate these Terms for convenience with 30 days' written notice.

wavebird may suspend or terminate access immediately for fraud, security incidents, sanctions risk, repeated policy violations, missing DPA acceptance where required, payment issues or misuse of the API, SDK, keys or settlement system.

On termination, your right to use the Services ends, production keys may be revoked and dashboard access may be disabled. Sections concerning payment, taxes, fraud and invalid traffic, confidentiality, data protection, retained settlement records, liability, dispute resolution and audit or reconciliation survive as necessary.

10. Liability

Nothing in these Terms limits liability for intent, gross negligence, injury to life, body or health, mandatory statutory liability, liability under the Product Liability Act, data-protection liability where limitation is prohibited, or liability that cannot be limited under applicable law.

For simple negligence, wavebird is liable only for breach of material contractual obligations. In that case liability is limited to the foreseeable, typical damage unless mandatory law provides otherwise.

You remain responsible for advertiser claims, third-party ad content you approve or configure, and the way your application places, labels or contextualizes a sponsored placement, except where mandatory law provides otherwise.

11. Governing law and venue

These Terms are governed by the laws of Germany, excluding conflict-of-law rules. To the extent legally permitted for business users, the exclusive place of jurisdiction is Munich, Germany.

12. Contact

Questions about these Terms can be sent to info@wavebird.ai.