Terms of Service

BrandMyX is an online marketplace where users can list advertising surfaces (“Spots”) and other users can bid in time-limited auctions to win the right to advertise on those Spots. We provide software, hosting, auction tooling, and payment facilitation. We are not the advertiser or the Spot owner, and we are not a party to the underlying advertising placement relationship between users except as payment intermediary and platform operator described here.

You must be at least 18 years old and able to form a binding contract. You are responsible for your account credentials and for activity under your account. Provide accurate registration information and keep it current. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose legal, fraud, or safety risk.

Our collection and use of personal data, including analytics, is described in our Privacy Policy, which is part of your agreement with us.

Spot owners represent that they have the right to offer the surface described, that the listing is accurate, and that fulfilling a won auction will not violate law, third-party rights, or other platform rules (for example social network or venue policies). Media and location fields may be optional; when provided, they must not be misleading.

We may remove or suspend listings that appear illegal, abusive, fraudulent, spammy, or otherwise harmful. Listing a Spot does not guarantee bids, a sale, or any particular price.

Unless we state otherwise, each Spot opens a roughly 7-day auction window from listing (or as configured on the Service). Bids must meet the reserve and beat the current high bid where applicable. Bids are generally visible to other users.

When an auction ends (by schedule or by an authorized early close), the highest valid bid may be designated the winner. Losing bids are marked lost. After a winner is chosen, the Spot owner generally cannot edit or delete that Spot through the Service.

Bidding is a commitment: if you win, you must complete payment for the winning amount through the Service’s checkout flow, subject to these Terms and Stripe’s terms.

The Service charges a platform fee of 20% of the winning bid amount. The Spot owner receives approximately 80% after that fee, subject to payment processor fees, currency conversion, taxes, and payout timing. Exact amounts shown in Stripe or on your profile may vary slightly due to FX and processor fees.

Payments are processed by Stripe. Spot owners who wish to receive payouts must complete Stripe Connect onboarding and keep their payout account in good standing. We do not hold funds as a bank; funds move according to Stripe’s rules, your Connect status, and applicable law. Refunds, chargebacks, and disputes are handled under Stripe’s processes and our reasonable policies; we may reverse or withhold amounts when required.

The merchant of record for card payments is typically Zenico Technologies SL (or as shown on Stripe Checkout). Connected sellers receive transfers of their share when the payment succeeds.

You agree not to:

• Use the Service for illegal advertising, fraud, money laundering, or sanctions evasion
• List Spots you cannot lawfully monetize or deliver
• Upload malware, infringing content, or content that exploits minors
• Manipulate auctions (shill bidding, fake accounts, coordinated bid fraud)
• Scrape, attack, or reverse engineer the Service beyond ordinary use
• Misrepresent your identity, business, or Stripe / tax information

Spot owners and advertisers are solely responsible for the creative, placement, local permits, disclosure rules (including influencer/ad disclosures), and any offline fulfillment after payment.

We own the Service software, branding, and design. You keep ownership of content you upload, and you grant us a worldwide, non-exclusive license to host, display, and process that content as needed to operate the marketplace. You must have rights to everything you upload.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted uptime, that a Spot will sell, that a winner will pay, that a seller will fulfill placement, or that third-party services (Stripe, Firebase, hosting) will be error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED EUROS (€100).

Nothing in these Terms excludes liability that cannot be excluded under applicable law (including certain rights of consumers in the European Union).

You will defend and indemnify us against claims arising from your listings, bids, content, advertising, failure to pay or fulfill, or violation of these Terms or law, except to the extent caused by our willful misconduct.

You may stop using the Service at any time. We may suspend or terminate access immediately for violations, risk, non-payment, or legal requirements. Provisions that by nature should survive (fees owed, IP, disclaimers, liability limits, indemnity) survive termination.

These Terms are governed by the laws of Spain, without regard to conflict-of-law rules. Courts in Spain shall have jurisdiction, subject to mandatory consumer protections that apply to you.

Questions about these Terms: diego@zenico.ai. See also our Privacy Policy.