Terms and Conditions for
BEM Ad Network
AI Connector
v10.2026
Last updated: 05/10/2026
These Terms & Conditions (the “Terms”) govern access to and use of the BEM Ad Network AI Connector and related services made available by BEM Ad Network through compatible artificial intelligence assistants and other supported interfaces.
By subscribing to, accessing or using the BEM Ad Network AI Connector, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you use the AI Connector on behalf of a company, agency, advertiser or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
DEFINITIONS
AI Assistant: A third-party artificial intelligence service or interface compatible with the AI Connector, including, where supported, ChatGPT, Claude, Gemini, Copilot, Grok, Vibe and other MCP-compatible assistants.
AI Connector: The BEM Ad Network service enabling Customers to access certain BEM Ad Network data, analysis, recommendations and campaign-planning functionalities through compatible AI Assistants or other supported interfaces.
Analytics: The Subscription Plan providing access to market intelligence, games, audiences, trends and BEM Ad Network’s inventory of activatable Experiences.
BEM Ad Network: The BEM Ad Network platform and associated services operated by BEM.BUILDERS SAS, whose registered office is located at 79 rue Marcadet, 75018 Paris, France.
BEM Data: Any data, information, metrics, rankings, categories, inventories, catalogues, recommendations, benchmarks, analyses, methodologies, forecasts or other content made available through the AI Connector or the Platform.
Campaign: An advertising campaign that may be identified, recommended, planned, booked or operated through BEM Ad Network.
Customer: Any company, agency, advertiser, organization or other professional entity or individual acting for professional purposes that subscribes to or uses the AI Connector.
Customer Content: Any brief, prompt, brand information, campaign information, objectives, materials, content or other information submitted by or on behalf of the Customer through the AI Connector.
Experience: A game, virtual environment, map, level or other gaming environment available for analysis or activation through BEM Ad Network.
Media Plan: A proposed selection of Experiences, formats, campaign parameters, audience recommendations, budget allocations or other planning elements generated or recommended through the AI Connector.
MCP: The Model Context Protocol or any successor interoperability protocol supported by BEM Ad Network.
Order Form: Any proposal, quotation, subscription order, insertion order, commercial agreement or other written document accepted by BEM Ad Network and the Customer setting out specific commercial terms.
Planner: The Subscription Plan providing Analytics functionalities together with campaign recommendation and Media Plan functionalities.
Platform: The BEM Ad Network platform available at bem-ad.network and related services, APIs, interfaces and connectors.
Subscription: The Customer’s paid right to access and use the AI Connector in accordance with the applicable Subscription Plan.
Subscription Plan: Analytics, Planner or any other subscription tier subsequently offered by BEM Ad Network.
1. PURPOSE OF THE AI CONNECTOR
BEM Ad Network provides the AI Connector as a professional tool designed to help Customers understand the UGC gaming market and identify, evaluate and plan advertising opportunities within gaming environments.
Depending on the applicable Subscription Plan, the AI Connector may enable the Customer to analyze Fortnite and Roblox games, audiences and market trends, access BEM Ad Network’s inventory of activatable Experiences, identify relevant gaming environments, receive recommendations regarding Experiences and advertising formats, generate recommended budget allocations, build Media Plans and access other campaign-planning functionalities.
The AI Connector is intended solely as a professional decision-support tool.
Unless expressly agreed otherwise in writing, the AI Connector does not replace the Customer’s own professional judgment, due diligence or decision-making processes.
2. PROFESSIONAL USE ONLY
The AI Connector is made available exclusively to professionals acting in the course of their trade, business, craft or profession.
By subscribing to or using the AI Connector, the Customer confirms that it is acting exclusively for professional purposes and not as a consumer.
3. ELIGIBILITY AND AUTHORITY
The person accepting these Terms on behalf of a Customer represents and warrants that he or she has the legal authority to bind the Customer.
BEM Ad Network may refuse access to the AI Connector where it reasonably considers that the Customer does not meet its eligibility, compliance, legal, financial or commercial requirements.
4. ACCOUNT AND ACCESS
Access to the AI Connector may require a valid BEM Ad Network account, an active Subscription, connection to a compatible AI Assistant, configuration of the BEM Ad Network MCP connector and any authentication or security credentials required by BEM Ad Network.
The Customer is responsible for maintaining the confidentiality and security of its account and credentials.
The Customer is responsible for all activity carried out through its account, except to the extent directly caused by BEM Ad Network’s own breach of its security obligations.
The Customer must promptly notify BEM Ad Network if it becomes aware of any unauthorized access to or use of its account.
Credentials may not be sold, transferred or shared with persons outside the Customer’s organization without BEM Ad Network’s prior written consent.
5. THIRD-PARTY AI ASSISTANTS
The AI Connector may operate through third-party AI Assistants.
Such AI Assistants are independent services operated by third parties and are subject to their own terms of service, privacy policies, pricing, technical limitations and availability.
BEM Ad Network does not control such services and is not responsible for their operation.
BEM Ad Network will not be liable for any interruption, modification, degradation, discontinuation or other issue caused by a third-party AI Assistant or other third-party service.
The Customer is responsible for ensuring that its use of any AI Assistant complies with the applicable third-party terms.
Any fees charged by an AI Assistant provider are separate from fees charged by BEM Ad Network.
6. SUBSCRIPTION PLANS
BEM Ad Network may offer different Subscription Plans.
6.1 Analytics
Analytics is intended to help Customers understand the gaming market and identify opportunities for their brand or clients.
Unless otherwise specified in an Order Form or at the time of subscription, Analytics includes access to selected Fortnite and Roblox data, search and analysis of games, audiences and trends, and access to BEM Ad Network’s inventory of activatable games.
The applicable Subscription fee is the price displayed and accepted by the Customer at the time of subscription or, where applicable, the price specified in the relevant Order Form.
The Subscription is subject to a twelve (12)-month commitment.
The Customer may select annual payment in advance or, where offered by BEM Ad Network, quarterly payment. Quarterly payment is subject to a twenty percent (20%) surcharge compared with the applicable annual-payment price.
6.2 Planner
Planner includes all Analytics functionalities together with additional campaign-planning functionalities.
Unless otherwise specified in an Order Form or at the time of subscription, Planner includes the selection of relevant Experiences based on the Customer’s brief, recommendations regarding advertising formats, campaign planning across selected Experiences, recommended budget allocation, and generation of Media Plans.
The applicable Subscription fee is the price displayed and accepted by the Customer at the time of subscription or, where applicable, the price specified in the relevant Order Form.
The Subscription is subject to a twelve (12)-month commitment.
The Customer may select annual payment in advance or, where offered by BEM Ad Network, quarterly payment. Quarterly payment is subject to a twenty percent (20%) surcharge compared with the applicable annual-payment price.
6.3 Price Applicable During the Subscription Term
The Subscription fee accepted by the Customer at the time of subscription or specified in the applicable Order Form is fixed for the duration of the then-current twelve (12)-month Subscription period.
Any subsequent modification to BEM Ad Network’s standard pricing or to these Terms will not modify the Subscription fee applicable to an ongoing Subscription period, unless expressly agreed in writing between BEM Ad Network and the Customer.
BEM Ad Network may modify its prices for future Subscription periods. Any revised price applicable to an existing Customer will take effect upon the next renewal of the Subscription, subject to BEM Ad Network providing the Customer with at least sixty (60) days’ prior notice.
If the Customer does not wish to continue the Subscription at the revised price, the Customer must provide notice of non-renewal in accordance with Section 9.
7. ORDER FORM AND COMMERCIAL TERMS
The Customer’s Subscription Plan, fees, billing frequency, commencement date, commitment period, payment method and any negotiated commercial conditions may be specified in an Order Form.
In the event of any conflict between these Terms and an Order Form, the Order Form will prevail only in respect of the conflicting commercial provision.
All prices are exclusive of VAT and any other applicable tax unless expressly stated otherwise.
8. SUBSCRIPTION TERM
Unless otherwise expressly agreed in writing, each Subscription is entered into for an initial fixed commitment period of twelve (12) months starting on the Subscription commencement date.
The Customer is contractually committed for the entire twelve-month Subscription period.
Failure to use the AI Connector, partial use of its functionalities, changes in the Customer’s organization, changes in its business needs, loss of a client or project or any other internal circumstance affecting the Customer will not release the Customer from its payment obligations.
Except where expressly provided under these Terms or required by applicable law, the Customer may not terminate the Subscription before the end of the applicable commitment period.
9. AUTOMATIC RENEWAL
At the end of the initial twelve (12)-month Subscription period, the Subscription will be renewed for a new twelve (12)-month Subscription period unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription period.
Each renewed Subscription period will constitute a new fixed twelve (12)-month commitment governed by the Terms and commercial conditions applicable at the beginning of that renewal period.
If BEM Ad Network has notified the Customer of a revised Subscription price in accordance with Section 6.3 and the Customer does not provide timely notice of non-renewal, the Subscription will renew at the revised price.
Any notice of non-renewal will take effect only at the end of the then-current Subscription period.
10. BILLING AND PAYMENT
Subscription fees are payable in advance through BEM Ad Network’s payment provider, currently Stripe.
The Customer may pay using a credit or debit card or, where available, automatic bank debit.
The Customer may select either annual payment or quarterly payment.
Under annual payment, the full twelve-month Subscription fee is payable in advance.
Under quarterly payment, the twelve-month Subscription fee is payable in four instalments and is subject to a twenty percent (20%) surcharge compared with the standard annual-payment price.
Quarterly billing is solely a payment facility and does not divide the twelve-month commitment into separate quarterly subscriptions.
The entire twelve-month Subscription remains contractually committed from the Subscription commencement date.
The Customer authorizes BEM Ad Network and its payment provider to automatically charge the selected payment method for all applicable Subscription fees, renewal fees, taxes and other amounts payable under these Terms.
The Customer must maintain a valid and chargeable payment method throughout the Subscription period.
11. PAYMENT FAILURE
If a payment is rejected, reversed, disputed, declined or otherwise cannot be collected, BEM Ad Network may retry the payment, charge another valid payment method made available by the Customer, suspend or restrict access to the AI Connector, require immediate payment of outstanding amounts and take reasonable steps to recover amounts due.
Suspension for non-payment will not suspend, cancel or reduce the Customer’s payment obligations.
Any amounts already paid remain non-refundable except where required by applicable law.
BEM Ad Network may recover statutory late-payment interest, fixed recovery compensation and any additional collection costs available under applicable law.
12. NON-REFUNDABLE FEES
Except where expressly required by applicable law, all Subscription fees are non-cancellable and non-refundable.
No refund, credit or prorated reimbursement will be issued due to lack of use, partial use, change in business requirements, personnel changes, Customer reorganization or voluntary cessation of use.
13. PRICE CHANGES
BEM Ad Network may modify the standard prices of its Subscription Plans at any time.
Any change to the price applicable to an existing Customer will take effect only from the beginning of the Customer’s next Subscription period, unless otherwise expressly agreed in writing.
BEM Ad Network will provide the Customer with at least sixty (60) days’ prior notice of any increase in the recurring Subscription price.
If the Customer does not wish to continue the Subscription at the revised price, it must provide notice of non-renewal in accordance with Section 9.
BEM Ad Network may at any time introduce separately priced optional features, additional services, usage packages or premium functionalities.
Changes to taxes, duties or other mandatory governmental charges may be passed on to the Customer where required or permitted by applicable law.
14. USAGE LIMITS
The AI Connector may be subject to technical, functional, volume, rate or usage limits determined by BEM Ad Network.
Such limits may include limits relating to queries, Media Plans, processing volume, data access, MCP requests, frequency of use or other reasonable usage metrics.
BEM Ad Network may introduce or modify reasonable usage limitations in order to preserve service stability, prevent misuse, manage infrastructure costs, ensure fair usage or adapt to changes in third-party technology.
BEM Ad Network may introduce a token-based usage model in the future.
Any such model may be incorporated into the applicable Subscription Plan or these Terms following reasonable notice.
15. BEM DATA
The AI Connector may provide access to proprietary and third-party information relating to the gaming ecosystem.
BEM Data may include game information, Experience information, audience data, performance indicators, Creator information, market trends, categories, game modes, advertising inventory, advertising formats, historical campaign information, benchmarks, forecasts and aggregated or modeled information.
BEM Ad Network uses reasonable efforts to maintain relevant information but does not guarantee that every data point is complete, exhaustive, accurate or updated in real time.
The gaming ecosystem changes rapidly and information may become outdated.
16. DATA SOURCES
BEM Data may originate from BEM Ad Network, Creators, Social Gaming platforms, Customers, historical campaigns, public sources, third-party providers, modeled datasets, aggregated information or estimates.
The Customer acknowledges that third-party data may contain errors, delays or limitations beyond BEM Ad Network’s control.
BEM Ad Network does not independently warrant or guarantee third-party data unless expressly stated otherwise.
17. AI-GENERATED OUTPUT
The Customer acknowledges that outputs made available through the AI Connector may be generated, reformulated, summarized, interpreted or presented with the assistance of artificial intelligence systems.
Artificial intelligence systems are probabilistic and may produce inaccurate, incomplete, outdated, misleading, inconsistent or unexpected outputs.
The Customer is solely responsible for reviewing, verifying and validating all outputs before relying upon them.
BEM Ad Network does not warrant that AI-generated output is accurate, complete, current, error-free, suitable for a particular purpose or free from hallucinations.
The AI Connector must not be treated as an autonomous decision-making system.
The Customer remains solely responsible for any business, strategic, commercial, advertising, financial or other decision made based on output generated through the AI Connector.
18. RECOMMENDATIONS
The AI Connector may recommend Experiences, formats, audiences, budget allocations, markets or other campaign parameters.
Such recommendations constitute decision-support information only.
Recommendations do not constitute a guarantee that any particular Experience will remain available, that any audience will be reached, that any Creator will accept a Campaign, that any gaming platform will approve a Campaign or that any Campaign will achieve a particular result.
The Customer remains responsible for evaluating whether any recommendation is appropriate for its brand, client, regulatory obligations, campaign requirements and commercial objectives.
19. MEDIA PLANS
Planner Customers may generate Media Plans.
Media Plans may include proposed Experiences, advertising formats, budgets, budget allocation, campaign duration, audience strategy, estimated impressions or other metrics.
Unless expressly confirmed otherwise in writing, all Media Plans are indicative, non-binding proposals.
A Media Plan does not constitute an offer capable of acceptance, a binding quotation, a reservation of inventory, an insertion order, a Creator commitment or a Campaign booking.
Prices, inventory and availability remain subject to confirmation at the time of booking.
20. CAMPAIGN BOOKING
Where the AI Connector enables a Customer to initiate or prepare a Campaign, such action will not create a binding Campaign unless and until the applicable confirmation process has been completed and BEM Ad Network has expressly accepted the booking.
The Customer is responsible for reviewing all final Campaign parameters before confirmation.
A Campaign may be governed by additional terms, insertion orders, Order Forms or campaign-specific conditions.
21. NO GUARANTEE OF RESULTS
Except where expressly agreed in a separate written Campaign agreement, BEM Ad Network does not guarantee audience reach, impressions, engagement, traffic, conversions, brand lift, sales, revenue, return on advertising spend, Creator performance, game performance, audience composition, inventory availability or any other business or Campaign result.
Historical results, estimates, projections, forecasts and benchmarks are provided for informational purposes only.
They are not guarantees of future performance.
Any reference to “guaranteed performance” applies solely where a specific metric, measurement method, condition and remedy have been expressly agreed in writing for a particular Campaign.
22. INVENTORY, PRICING AND AVAILABILITY
All information relating to Experiences, Creators, advertising inventory, formats, prices, audiences and estimated performance is subject to change.
The appearance of an Experience within BEM Ad Network’s inventory does not guarantee that it will be available for a particular Campaign, date, market, budget or format.
BEM Ad Network may add, modify, suspend or remove Experiences, Creators, advertising formats, inventory or other elements at any time.
Any price or budget recommendation generated by the AI Connector remains indicative until expressly confirmed by BEM Ad Network.
23. CREATOR NETWORK
Creators included in BEM Ad Network’s inventory remain independent third parties.
BEM Ad Network does not control every decision or act of a Creator.
BEM Ad Network may remove, suspend or restrict a Creator or Experience for quality, compliance, commercial, legal, technical or operational reasons.
Any statement regarding the number of Creators or Experiences available reflects the network at a particular point in time and may change.
24. INTELLECTUAL PROPERTY
The AI Connector, Platform, software, databases, interfaces, designs, trademarks, methodologies, rankings, recommendations, classifications, BEM Data and related intellectual property are owned by BEM Ad Network and/or its licensors.
No ownership rights are transferred to the Customer.
Subject to compliance with these Terms and payment of applicable fees, BEM Ad Network grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the AI Connector during the Subscription period solely for permitted professional purposes.
25. OWNERSHIP AND USE OF BEM DATA
The Customer may use BEM Data solely for its internal professional purposes.
An agency Customer may use outputs generated through the AI Connector in recommendations and presentations prepared for its clients.
The Customer may not resell, sublicense, distribute or commercially exploit access to BEM Data as a standalone product or service.
The Customer may not systematically extract, reproduce, scrape, download, store or compile substantial parts of BEM Data.
The Customer may not use BEM Data to create a substitute or competing database.
The Customer may not use BEM Data to develop, train, fine-tune, benchmark, evaluate or enrich any competing artificial intelligence model, advertising platform, gaming intelligence product or database.
The Customer may not reverse engineer or attempt to discover the underlying architecture, methodology, classification, logic or structure of the AI Connector.
The Customer may not assist any third party in carrying out any prohibited activity described in this section.
No rights in BEM Data are transferred to the Customer by virtue of BEM Data being included, summarized, transformed, analyzed or reproduced in any AI-generated output, Media Plan, recommendation or other result produced through the AI Connector.
26. CUSTOMER CONTENT
The Customer retains ownership of its Customer Content.
The Customer grants BEM Ad Network a limited, non-exclusive right to process Customer Content solely to the extent reasonably necessary to provide, operate, secure, support and maintain the AI Connector and related services.
BEM Ad Network may use aggregated or anonymized information derived from the use of the AI Connector to improve its products and services, provided that such information does not identify the Customer, any individual, or disclose the Customer’s Confidential Information.
BEM Ad Network will not use identifiable Customer Content to train or fine-tune a general-purpose artificial intelligence model unless expressly agreed with the Customer in writing.
The Customer represents and warrants that it has all rights, permissions and legal bases required to submit Customer Content.
The Customer must not submit unlawful, infringing or unauthorized content.
27. CONFIDENTIALITY
Each party may receive confidential or commercially sensitive information from the other party.
The receiving party must use Confidential Information only for the purposes of the business relationship and must take reasonable steps to protect it from unauthorized disclosure.
Confidential Information may be disclosed to employees, advisers, contractors and service providers who need access to it and who are subject to appropriate confidentiality obligations.
Confidential Information does not include information that becomes public without breach of these Terms, was lawfully known before disclosure, was independently developed or was lawfully obtained from another source without confidentiality obligations.
28. PERSONAL DATA
Each party must comply with all applicable privacy and data-protection laws, including the General Data Protection Regulation where applicable.
BEM Ad Network will process personal data in accordance with its Privacy Policy.
Where BEM Ad Network processes personal data on behalf of the Customer as a processor within the meaning of applicable data-protection law, such processing will be governed by a separate data processing agreement or other legally compliant processing terms.
The Customer should not submit unnecessary personal data, special-category personal data, confidential individual-level information or other sensitive information through prompts unless such processing is necessary, lawful and expressly permitted.
The Customer remains responsible for ensuring that any personal data submitted through the AI Connector or a third-party AI Assistant has been lawfully collected and may lawfully be processed for the intended purpose.
The Customer acknowledges that third-party AI Assistants may process information in accordance with their own terms and privacy policies, independently of BEM Ad Network.
29. ACCEPTABLE USE
The Customer must not use the AI Connector unlawfully or in a manner that infringes third-party rights.
The Customer must not bypass security controls or usage restrictions, probe or test vulnerabilities without authorization, introduce malware, interfere with the operation of the service, impersonate another person or organization, obtain unauthorized information or access, scrape or systematically extract BEM Data, use the AI Connector for unauthorized resale or redistribution, or use the service to develop or support a competing product in breach of these Terms.
30. AUTOMATED ACCESS
The AI Connector may enable automated interaction through MCP or other protocols expressly authorized by BEM Ad Network.
Such authorized functionality does not permit the Customer to deploy additional crawlers, scrapers, bots, scripts or extraction systems against BEM Ad Network except where expressly approved by BEM Ad Network.
BEM Ad Network may implement technical restrictions, rate limits or other measures to protect its infrastructure, data, Creators and Customers.
31. THIRD-PARTY PLATFORM RULES
Gaming Experiences and Campaigns may operate on third-party platforms including Fortnite and Roblox.
Such Campaigns remain subject to the terms, technical requirements and advertising rules imposed by those platforms.
BEM Ad Network cannot guarantee that a third-party platform will approve, retain or continue to support any particular Experience, Campaign, content or advertising format.
32. SERVICE AVAILABILITY
BEM Ad Network will use reasonable efforts to make the AI Connector available during the Subscription period.
However, continuous, uninterrupted or error-free availability is not guaranteed.
Access may be temporarily interrupted or restricted due to maintenance, security, infrastructure limitations, outages, third-party incidents, technical failures, upgrades, legal obligations or circumstances beyond BEM Ad Network’s reasonable control.
BEM Ad Network may make changes to the technical implementation of the AI Connector provided that the core functionality of the applicable Subscription Plan is not materially reduced during the then-current committed Subscription period, except where such modification is required for legal, security or third-party dependency reasons.
33. BETA AND EXPERIMENTAL FEATURES
BEM Ad Network may provide beta, preview, test or experimental functionalities.
Such functionalities may be incomplete, unstable or subject to change.
BEM Ad Network may modify or withdraw beta or experimental functionalities at any time.
Unless expressly stated otherwise, such functionalities are provided “as is” without service-level commitment.
34. THIRD-PARTY DEPENDENCIES
The Customer acknowledges that the AI Connector may depend on third-party technologies, APIs, AI Assistants, protocols, cloud services and gaming platforms.
BEM Ad Network may modify, replace, limit or discontinue integrations where necessary due to changes in third-party APIs, MCP or other standards, AI Assistant capabilities, gaming platform rules, contractual restrictions, technical requirements, security considerations or applicable law.
Such changes will not constitute a breach of these Terms where BEM Ad Network continues to provide substantially equivalent core functionality where reasonably practicable.
35. SUSPENSION OF ACCESS
BEM Ad Network may immediately suspend, restrict or limit access to all or part of the AI Connector where BEM Ad Network reasonably considers such action necessary to address non-payment, investigate suspected fraud or misuse, protect intellectual property or BEM Data, prevent excessive or unauthorized use, protect the security or integrity of the service, comply with applicable law, address a breach of these Terms, protect BEM Ad Network, its Creators, Customers or partners or respond to a cybersecurity incident.
Where reasonably practicable, BEM Ad Network will notify the Customer.
Suspension does not relieve the Customer of its payment obligations and does not entitle the Customer to a refund or extension of the Subscription period, except where required by applicable law.
36. TERMINATION BY THE CUSTOMER
The Customer may prevent automatic renewal in accordance with Section 9.
The Customer may also terminate the Subscription where BEM Ad Network materially breaches these Terms and fails to remedy such breach within thirty (30) days after receiving written notice describing the breach.
Except as expressly provided above or required by applicable law, early termination by the Customer does not relieve it from payment of fees relating to the full committed Subscription period.
37. TERMINATION BY BEM AD NETWORK
BEM Ad Network may terminate the Subscription in the event of a material breach by the Customer.
Where the breach is capable of remedy, BEM Ad Network may terminate the Subscription if the Customer fails to remedy the breach within fifteen (15) days after receiving written notice identifying the breach and stating that failure to remedy it may result in termination.
BEM Ad Network may terminate the Subscription immediately, without a cure period, where the breach is not reasonably capable of remedy or where immediate termination is justified by the seriousness of the circumstances, including in cases of:
fraud or unlawful conduct;
intentional security compromise or cyberattack;
unauthorized extraction, scraping, reproduction or commercial exploitation of BEM Data;
material infringement of BEM Ad Network’s intellectual property rights;
deliberate circumvention of technical or usage restrictions;
misuse of the AI Connector to develop or support a competing service in breach of these Terms; or
conduct exposing BEM Ad Network to material legal, regulatory, security or reputational risk.
Where termination results from the Customer’s breach, all unpaid fees relating to the then-current committed Subscription period will become immediately due and payable to the fullest extent permitted by applicable law.
No refund will be due.
38. EFFECT OF TERMINATION
Upon termination or expiry, the Customer’s right to access and use the AI Connector ends immediately.
All outstanding amounts remain payable.
The Customer must cease using BEM Data except for BEM Data lawfully incorporated into completed internal work product prior to termination.
Termination of the AI Connector Subscription does not automatically terminate separately booked Campaigns, which remain governed by their applicable terms.
Sections intended by their nature to survive termination will remain in force.
39. WARRANTIES
BEM Ad Network warrants that it will provide the AI Connector with reasonable professional care and skill.
Except as expressly stated in these Terms, the AI Connector, BEM Data and all associated functionalities are provided on an “as available” basis.
To the fullest extent permitted by law, BEM Ad Network makes no other express or implied warranty regarding accuracy, completeness, availability, suitability, merchantability, fitness for a particular purpose, uninterrupted operation or results.
40. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, BEM Ad Network will not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage.
This includes loss of profits, loss of revenue, loss of anticipated savings, loss of business, loss of opportunity, loss of customers, loss of goodwill, reputational damage, loss or corruption of data and costs resulting from decisions taken using AI-generated output.
BEM Ad Network will not be liable for losses arising from inaccurate, incomplete or outdated BEM Data, AI-generated errors or hallucinations, recommendations or decisions made on the basis of the AI Connector, failures or changes affecting a third-party AI Assistant, failures or changes affecting Fortnite, Roblox or another gaming platform, removal or modification of an Experience by a Creator or gaming platform, failure of a Campaign to achieve expected results, unauthorized use of Customer credentials caused by the Customer’s failure to protect them or circumstances beyond BEM Ad Network’s reasonable control.
To the fullest extent permitted by applicable law, BEM Ad Network’s total aggregate liability arising out of or in connection with the AI Connector, the Subscription or these Terms, whether in contract, tort, negligence or otherwise, will not exceed the greater of:
(i) the total Subscription fees actually paid by the Customer to BEM Ad Network during the three (3) months immediately preceding the event giving rise to the claim; or
(ii) three (3) months of Subscription fees calculated at the monthly rate applicable to the Customer’s Subscription.
The above cap applies collectively to all claims and not separately to each claim.
Nothing in these Terms excludes or limits liability to the extent such liability cannot legally be excluded or limited, including liability arising from fraud, wilful misconduct, gross negligence where exclusion is prohibited, or death or personal injury caused by BEM Ad Network where applicable.
41. CUSTOMER INDEMNITY
To the fullest extent permitted by applicable law, the Customer will indemnify and hold harmless BEM Ad Network, its affiliates, directors, officers, employees and contractors from and against any third-party claim, liability, loss, fine, penalty, damage, cost or reasonable legal expense arising directly from:
unlawful or infringing Customer Content;
the Customer’s unlawful or unauthorized use of the AI Connector;
the Customer’s material breach of these Terms;
infringement of third-party rights by the Customer;
Campaign materials supplied by the Customer;
unauthorized use or disclosure of BEM Data by the Customer; or
any unauthorized representation, warranty, recommendation or commitment made by the Customer to its own clients based on AI Connector output.
BEM Ad Network will provide the Customer with reasonable notice of any indemnified claim and may participate in the defense of such claim with counsel of its choice.
42. FINANCIAL SANCTIONS AND EXPORT CONTROL
The Customer must comply with all applicable financial sanctions, export-control, anti-money-laundering and trade laws.
BEM Ad Network may restrict, suspend or terminate access where necessary to comply with sanctions or restrictions imposed by competent authorities, including those of France, the European Union, the United Nations, the United States or the United Kingdom.
43. FORCE MAJEURE
BEM Ad Network will not be liable for any delay or failure resulting from events outside its reasonable control.
Such events may include natural disasters, war, terrorism, civil unrest, governmental action, widespread telecommunications failure, cloud infrastructure failure, cyberattacks, epidemic or pandemic events, strikes, energy shortages or failure of essential third-party infrastructure.
44. MODIFICATIONS TO THE SERVICE
BEM Ad Network may develop, modify, improve or replace functionalities of the AI Connector from time to time.
Features may be added, modified or discontinued as technologies, third-party services, gaming platforms and BEM Ad Network’s products evolve.
BEM Ad Network will use reasonable efforts not to materially reduce the core functionality of a paid Subscription Plan during the then-current committed Subscription period unless required for legal, security, technical or third-party dependency reasons.
45. MODIFICATIONS TO THESE TERMS
BEM Ad Network may revise these Terms from time to time.
Any revised Terms will apply to new Subscriptions from the date on which they become effective.
For an existing Subscription, any material modification to these Terms will apply from the beginning of the next Subscription period, unless:
the modification is required by applicable law, regulation, court order or governmental authority;
the modification is reasonably necessary for security, fraud prevention or technical integrity;
the modification does not materially adversely affect the Customer’s rights or obligations; or
the Customer expressly agrees to the modification.
BEM Ad Network will provide reasonable notice of any material modification affecting an existing Subscription.
Any modification to these Terms will not alter the Subscription fee applicable to an ongoing Subscription period except where expressly agreed in writing between BEM Ad Network and the Customer.
46. ASSIGNMENT
The Customer may not assign, transfer or delegate these Terms or any rights or obligations arising under them without BEM Ad Network’s prior written consent.
BEM Ad Network may assign or transfer these Terms in connection with a corporate restructuring, merger, acquisition, sale of business, transfer of assets or transfer to an affiliate, subject to applicable law.
47. NO PARTNERSHIP OR AGENCY
Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship or agency relationship between the Customer and BEM Ad Network.
Neither party has authority to bind the other except where expressly agreed in writing.
48. NO WAIVER
Failure by either party to exercise or enforce any right or provision under these Terms will not constitute a waiver of that right or provision.
Any waiver must be expressly made in writing.
49. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed or interpreted to the minimum extent necessary so as to make it enforceable where possible.
The remaining provisions will remain in full force and effect.
50. ENTIRE AGREEMENT
These Terms, together with the applicable Order Form, Privacy Policy, any applicable Data Processing Agreement and any other document expressly incorporated by reference, constitute the entire agreement between BEM Ad Network and the Customer regarding the AI Connector.
They supersede all prior discussions, statements, representations or agreements concerning the same subject matter.
51. ORDER OF PRECEDENCE
In the event of any inconsistency between contractual documents, the following order of precedence will apply unless expressly agreed otherwise in writing:
the applicable Order Form;
any applicable Data Processing Agreement, solely in respect of personal data processing matters;
these Terms;
any applicable product-specific terms;
the Privacy Policy; and
other documentation made available by BEM Ad Network.
52. APPLICABLE LAW
These Terms are governed by and construed in accordance with French law.
53. JURISDICTION
Subject to any mandatory applicable law, any dispute arising out of or in connection with these Terms, the Subscription or the AI Connector will be subject to the exclusive jurisdiction of the competent courts of Paris, France.
54. NOTICES
Any notice permitted or required under these Terms may be provided electronically.
BEM Ad Network may send notices to the email address associated with the Customer’s account or Subscription or through the Platform.
The Customer is responsible for maintaining accurate contact information.
55. ELECTRONIC ACCEPTANCE
The Customer agrees that clicking an acceptance button, confirming a Subscription electronically, paying a Subscription invoice, connecting the AI Connector or otherwise using the service may constitute valid electronic acceptance of these Terms.
Electronic records maintained by BEM Ad Network or its payment provider may be used as evidence of Subscription, acceptance, payment and use, subject to applicable law.
56. CONTACT
If you have any questions regarding these Terms or the BEM Ad Network AI Connector, please contact:
BEM Ad Network
79 rue Marcadet
75018 Paris
France
Email: contact@bem-ad.network
Website: bem-ad.network