Terms of service

The operational rules that frame the KillTheCut pilot. KillTheCut is a B2B service for businesses buying or selling premium media inventory. By creating an account you accept these terms; if you do not accept them, do not register.

1. Who the service is for

KillTheCut is offered exclusively to businesses (Unternehmer in the sense of §14 BGB) and not to consumers. Accounts must use accurate company information, identify the role (buyer or publisher) accurately, and must not impersonate another organisation.

2. Contract formation

An account contract between you and KillTheCut is formed when you complete registration and confirm acceptance of these terms. A booking contract between a buyer and a publisher is formed when the buyer confirms a reservation through the marketplace and the publisher's inventory is reserved against it. KillTheCut is the marketplace operator and is not party to the booking contract between buyer and publisher unless explicitly agreed otherwise.

3. Accounts and security

• Users are responsible for the confidentiality of their sign-in credentials and for actions taken under their account.
• Publishers are responsible for the accuracy of listing, availability, pricing, currency, and delivery details.
• Buyers are responsible for the accuracy of brand profile, brief content, billing email, creative assets, and booking-related instructions they provide.
• Both parties must inform KillTheCut promptly of any compromise or unauthorised use of their account.

4. AI-assisted output

The platform uses third-party large language models to extract structured fields from buyer-pasted text and to generate media plans. AI output (extracted brand profiles, brief fields, plans, refinements) is best-effort and may be inaccurate. Buyers are expected to review AI output before approving a plan; field-level overrides are provided in the product. Publishers are not responsible for the accuracy of AI-generated content suggesting their inventory.

5. Bookings, delivery, and proof

Listings, booking confirmations, creative requirements, cancellation terms, and proof-of-delivery expectations are part of the transaction record inside the product. Additional commercial obligations may also be defined in insertion orders, seller terms, or master agreements signed outside the app. Where the in-app record and an external agreement conflict, the external agreement prevails for that booking unless the parties agree otherwise.

6. Payments, payouts, and platform fee

KillTheCut charges the advertiser a 5% service fee on top of the booking subtotal (each invoice shows subtotal + 5% service fee, plus VAT on both) unless a different rate is agreed in a written commercial agreement. Publishers are paid out 100% of the list price; the only optional publisher-side charge is the payment guarantee (Zahlungsgarantie) at 2.5% of the item price where booked. In the current pilot, payment and payout behaviour may be subject to manual review, finance validation, and marketplace intervention where necessary. Full payment-provider integrations and automated settlement are separate production dependencies and will be announced when activated. Invoicing follows German B2B conventions; net-payable amounts and applicable VAT will appear on each invoice.

7. Liability

KillTheCut's liability for breach of contract or negligence is limited to typical, foreseeable damages, except in cases of intent, gross negligence, injury to life, body, or health, or other claims that may not be limited under mandatory law. KillTheCut is not liable for indirect or consequential damages including lost profits or lost campaign value. Liability for delivery shortfalls, creative quality, or publisher-side execution rests with the publisher counterparty unless explicitly assumed by KillTheCut.

8. Data privacy

Personal data processed in connection with the service is described in our Privacy policy. Each party is the data controller for the personal data it submits to the platform; KillTheCut acts as a data processor where applicable and a controller for its own operational data.

9. Misuse and suspension

KillTheCut may suspend access, reject bookings, or block accounts where fraud, repeated non-payment, abusive use, ToS breach, or platform-risk behaviour is suspected. We will give reasonable notice where practical and provide a clear reason; immediate suspension is reserved for cases that risk other users or the integrity of the marketplace.

10. Termination

You may terminate your account at any time through the in-product deletion request. Active bookings, invoices, and obligations survive termination until settled. KillTheCut may terminate accounts for cause or with reasonable notice; data is then deactivated and retained or deleted per the retention rules in the Privacy policy.

11. Changes to these terms

We may update these terms when product features, payment rails, or legal context change. Material changes are announced by email to the address on file at least 14 days before they take effect. Continued use after the effective date is acceptance of the updated terms.

12. Governing law and jurisdiction

These terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on the International Sale of Goods (CISG). For disputes arising from these terms with a merchant (Kaufmann) within the meaning of the German Commercial Code, the exclusive place of jurisdiction is Berlin, Germany. Mandatory consumer protections that may apply to non-commercial users in their place of residence remain unaffected.

13. Pilot status

KillTheCut is currently a pilot product with open, self-serve signup – no invitation is required. Features, workflows, and integrations may change as the marketplace hardens toward general release. Pilot accounts are accepted on the understanding that the product is evolving.

Last updated 2026-05-04. These terms are a working draft for the DACH pilot and should be reviewed by company-specific legal counsel prior to public launch.