Grade B+ — Fair terms (score 82/100)
The agreement governs B2B advertising services, including data sharing and processing, with standard liability limitations and governing law provisions.
Standard B2B terms. Includes data sharing, liability caps, and arbitration.
UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY... EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID OR OWED BY CUSTOMER TO Outbrain DSP UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD THE DATE OF THE ACTION OR CLAIM FOR THE SERVICES.
Liability is strictly capped at the fees paid in the preceding six months, limiting potential recovery for damages.
Thereafter, this Agreement shall automatically renew for successive one-year periods each (each, a “Renewal Term”) unless either party elects not to renew the Agreement by providing written notice to the other party no fewer than 60 days prior to the expiration of the then current term.
The contract features automatic renewal, requiring 60 days' notice to prevent a new one-year term.
As between Customer and Outbrain DSP, Outbrain DSP will also own all data derived from use of the Outbrain DSP Platform and may use and disclose such data (i) to provide the Services... and (iii) if required by court order, law or governmental or regulatory agency (after giving reasonable notice to Customer, if permitted).
Outbrain DSP claims ownership of derived data and reserves the right to disclose it to government authorities.
Outbrain DSP may assign this Agreement without restriction to a purchaser of all or substantially all of Outbrain DSP’s assets, a successor in interest of Outbrain DSP or as part of a corporate reorganization, consolidation or merger.
The company can transfer your contract to another entity during a merger or acquisition without your permission.
Outbrain DSP reserves the right to change these terms from time to time. This Agreement supersedes, and its terms govern, all previous oral and written communications regarding these matters.
The company can modify terms, and the current document overrides all previous agreements.
Outbrain DSP shall not retain any individual data point collected in relation to the Zemanta Pixel for longer than 13 months, unless it constitutes anonymous data.
The company provides a clear, defined retention period for personal data collected via the pixel.
Last reviewed 2026-08-03 under rubric v3.5.