Terms of Service

for the provision of services by Jakob Rode, Alte Schönhauser Str. 23, 10119 Berlin, E-Mail: jakob@dsp-autopilot.com (hereinafter "Contractor") to his customers (hereinafter "Client").

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.

1.2 The Contractor does not conclude contracts with consumers or private individuals.

1.3 The Contractor is entitled to subcontract necessary services in his own name and for his own account to subcontractors, who may in turn also use subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is apparent to the Contractor that their use runs counter to the legitimate interests of the Client.

1.4 Insofar as other contract documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contract documents shall take precedence over these GTC in the event of a contradiction.

1.5 GTC used by the Client that deviate from these terms and conditions are not recognized by the Contractor – subject to express consent.

2.1 The Contractor provides the following services to the Client as an independent entrepreneur:

DSP Autopilot is an AI-powered SaaS platform that automates AdOps processes, replacing manual campaign management with autonomous planning, execution, and optimization of programmatic advertising campaigns across multiple DSPs. It includes features like briefing parsing (via LLM for inputs like email/ZIP/JSON/CSV), KPI-driven optimization (CTR, CPC, Viewability), safety modes (DRY_RUN/MANUAL_APPLY/AUTO_APPLY), and integrations with tools like CM360 for reporting. The service is delivered as a cloud-based subscription model, emphasizing usability, security, and scalability for B2B users.

2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.

2.3 The Contractor shall provide the contractual services with the greatest possible care and conscientiousness according to the latest standards, rules, and findings.

2.4 The Contractor is obliged to provide the contractually owed services. In carrying out his activities, however, he is not subject to any instructions regarding the manner in which his services are provided, the place of performance, or the time of performance. However, he will determine the scheduling of activity days and time allocation on these days himself in such a way that optimum efficiency is achieved in his activities and in the realization of the contractual object. The provision of services by the Contractor takes place only in consultation and coordination with the Client.

It is the responsibility of the Client to completely and correctly communicate the information, data, and other content to be provided by him for the purpose of service performance. The Contractor is in no way responsible to the Client for delays in service provision caused by delayed and necessary cooperation or input from the Client; the provisions under the heading "Liability/Indemnification" remain unaffected by this.

4.1 The remuneration is agreed individually in the contract.

4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is measured by periods of time, it is to be paid after the expiry of the individual periods (§ 614 BGB). In the case of expense-related billing, the Contractor is entitled – subject to conflicting agreements – to bill the services rendered on a monthly basis.

4.3 After providing the services, the Contractor shall send the Client an invoice by post or by e-mail (e.g., as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.

5.1 The Contractor is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which the Client may regularly rely. Liability of the Contractor is otherwise excluded. The above liability regulations also apply with regard to the liability of the Contractor for his vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor against any claims by third parties asserted against the Contractor due to violations by the Client of these contractual conditions or applicable law.

6.1 The parties agree on the contract duration and the notice periods for ordinary termination individually.

6.2 The right of both parties to terminate without notice for good cause remains unaffected.

6.3 The Contractor must return or destroy all documents and other content provided to him immediately after termination of the contract, at the Client's option. The assertion of a right of retention thereto is excluded. Electronic data must be completely deleted. Excluded from this are documents and data for which there is a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor must confirm the deletion to the company in writing upon request.

7.1 The Contractor will treat all processes coming to his knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the obligation of secrecy on all employees and/or third parties who have access to the information subject to the contract. The obligation of secrecy applies for an unlimited period beyond the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) – when carrying out the order.

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 Should a provision of these GTC be or become invalid, the validity of the GTC shall not be affected otherwise.

8.3 The Client shall support the Contractor in the provision of his contractual services through appropriate acts of cooperation, insofar as necessary. The Client shall in particular provide the Contractor with the information and data necessary for the fulfillment of the order.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree on the Contractor's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legal situation, market conditions, or business or corporate strategy) and observing a reasonable notice period. Existing customers will be notified of this by e-mail at least two weeks before the amendment takes effect. If the existing customer does not object within the period set in the notification of amendment, his consent to the amendment is deemed to have been granted. If he objects, the amendments do not come into force; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendment takes effect. The notification of the intended amendment to these GTC will point out the deadline and the consequences of the objection or absence thereof.