Placement terms

The service is operated by Marc Hembach, a sole trader established in Germany. The details required by law are on the imprint page. Notices go to marchembach@icloud.com.

Payment is not taken by the operator. Checkout is provided by Dodo Payments, acting as merchant of record: for the payment itself Dodo is your contractual counterparty, issues the receipt, and collects and remits any turnover tax, sales tax or VAT due on the sale. The operator supplies the placement; Dodo sells it. Their terms apply to the payment alongside these terms, and where the two conflict on a payment question, theirs prevail.

These terms work together with the house rules, which are part of the agreement. Where the two disagree, these terms decide.

• You must be at least eighteen and able to enter a binding contract.
• If you buy for a company, you confirm you may bind it, and everything here that applies to you applies to that company.
• You may not use the service if sanctions or trade restrictions under German, EU or United States law prevent it, or if you are acting for someone in that position.

A placement is paid advertising on a shared screen. Paying puts your link on the desktop, and the amount decides where it sits: the highest bids occupy the dock, everything else sits in a category folder. Every placement is displayed next to the amount that bought it, so a position is always visible as a paid one — these are advertisements, not editorial picks, reviews, certifications or an independent ranking.

The payment buys position and visibility, and nothing else. It is not an investment. It confers no ownership, no share of revenue, no return, no interest, and no promise of traffic, clicks, customers or any other outcome. The amount paid has no stored value: it cannot be withdrawn, transferred, resold or redeemed.

• Position is strictly by amount, highest first. Bids run from $5 to $100,000 per payment.
• Bids accumulate. Paying again for the same link raises the existing placement rather than creating a second one.
• Equal amounts are separated by arrival: whoever was placed earlier keeps the higher position.
• Anyone may outbid you at any time and your position will fall. This is the agreed behaviour of the service, not a defect, and gives rise to no claim.
• How many positions the dock shows depends on screen width; the rest stay reachable through the category folders and search.

The operator may change pricing, the number of visible positions, and the surfaces offered. Changes apply to future purchases; a placement already bought keeps the position its payment earned under the rules in force when it was made.

The open space on the desktop — windows, desktop icons, menu-bar slots, notifications and the screensaver — is rented for a stated number of minutes at a stated price, shown before payment. When the time is up the surface clears automatically and visibly.

• Rented time never affects a ranked position. Renting and bidding are separate purchases.
• Only one live rental per surface per placement.
• Where every slot is taken, a purchase queues for the next free one and the clock starts when it is claimed, not when it is paid.
• A rented window embeds the target site. Many sites refuse to be embedded; where that is detected before payment, a preview card is offered instead at the same price, and buying it accepts that substitution.

By paying you represent and warrant that:

• You own the link, or are authorised by its owner to promote it and to send visitors there.
• The target is lawful in Germany and the European Union, and complies with the advertising, consumer, privacy, intellectual-property and sector rules that apply to it.
• You are not impersonating another person, business or product, and are not placing a competitor’s site or profile without their authority.
• The destination is not malware or phishing, and its purpose is not to deceive the person who clicks.
• What you submit is accurate, and you will keep it accurate.

You indemnify the operator against third-party claims, and against fines and reasonable legal costs, arising from a breach of this section, from your destination site, or from a chargeback you raise without a legal basis. This does not apply where the operator is at fault. The operator may take over the defence of such a claim, and you will co-operate with it.

Refused at checkout, and removed if it gets through:

• Chat, invite and messaging-group links — Telegram, WhatsApp, Discord, Messenger, Signal and the like. The board is for products and profiles, not for rooms nobody can see into from here.
• Link shorteners and redirect services. The destination is the thing being sold; hiding it defeats the purchase and the review.
• Affiliate, referral and tracking parameters. Campaign parameters are stripped from the stored link.
• Pornographic, sexual and adult-platform content.
• Content that is unlawful, fraudulent, defamatory, harassing, hateful or violent, or that exploits children.
• Counterfeit goods, unlicensed streaming, and other infringement of copyright, trade marks or personality rights.
• Offers requiring a licence you do not hold — financial, medical, gambling, weapons and similar.
• A link pointing back at this service, placeholder and local addresses, bare IP addresses, and addresses carrying credentials or a custom port.

Nor may you interfere with the service: scraping beyond ordinary browsing, inflating click counts, circumventing rate limits, automated bidding without written permission, or reverse engineering except where mandatory law allows it.

Where the law applying to your destination requires it to identify its operator — as German and EU law do for a business site — those details must actually be on it and must be current: the legal name, a postal address, a working way to make contact, and any register or tax information that law requires.

Details that are missing, false, incomplete, or that impersonate somebody else are grounds for removal without refund. This is not the operator vetting your business; it is a condition of advertising here, because a paid link to an anonymous site is a problem the operator ends up answering for.

You grant the operator a worldwide, non-exclusive, royalty-free licence to store, cache, resize, reformat and publicly display your placement and the public information fetched for it, for as long as needed to run the service and to keep a record of what was shown. The licence ends for future display when the placement is taken down; it does not undo a completed payment.

To make a placement recognisable, the service fetches and displays public information about the destination: its name, title, description, icon and preview image. Third-party names and marks are used only to identify the product or profile being advertised — nominative use under EU and German trade-mark law. They stay the property of their owners, and their appearance implies no affiliation with, or endorsement by, anyone but the person who paid for the placement.

The name BidWatch OS, and the design of the service, belong to the operator. You may not copy the service or scrape the board to build a competing ranking.

A placement appears as soon as the payment is confirmed, and enters a review queue at the same moment. It may be hidden or removed at any time for a breach of these terms or the house rules, where a rights holder complains, where the destination’s operator details are not in order, or where a court, authority or infrastructure provider requires it.

Hiding retains the bid and the entry so the placement can be restored. Removal frees the domain so it can be placed again later by someone entitled to. Neither issues a refund by itself: money moves only through the payment provider, under the refund policy and your mandatory consumer rights.

Where removal is neither urgent nor legally required, the reason is given to the email address from checkout, before or promptly after acting.

Anyone may report a placement they believe is unlawful or breaches these terms — you do not need an account, and you do not need to be the injured party. Write to marchembach@icloud.com with:

• your name and a way to reach you, unless the report concerns material where the law lets you stay anonymous;
• the placement on this desktop, and the destination it points at;
• what is wrong with it, in enough detail to be checked;
• a statement that your report is accurate and made in good faith, and — if you are claiming an infringement — that you hold the right or may act for whoever does.

Receipt is confirmed, the report is decided without undue delay, and both you and the advertiser are told the outcome and the reason for it. A placement may be restricted while the report is examined, and the report may be passed to the advertiser. Reports that are repeatedly unfounded or abusive may be disregarded, after warning.

If you are a consumer in the EU, you normally have fourteen days to withdraw from a distance contract for a digital service, without giving a reason (§ 355 BGB).

A placement, and rented time, are delivered immediately: they appear on a live screen the moment payment is confirmed, which is the point of buying them. At checkout you are asked to request that immediate start and to acknowledge that you thereby lose your right of withdrawal once performance has begun — § 356 (4) BGB requires that acknowledgement before a service may start early, and without it the purchase cannot proceed.

Where performance has begun but is not complete and you withdraw, you owe a proportionate amount for the part delivered. Where performance never began — the payment succeeded but nothing appeared — you may withdraw in full, and the refund policy reaches the same result faster.

To withdraw, write to marchembach@icloud.com with the payment reference and a clear statement that you are withdrawing. No particular form is required. Where a consumer right cannot be waived, it is honoured whatever this page says. If you are buying as a business, this section does not apply to you.

Prices are shown in US dollars before you pay. Any turnover tax, VAT or sales tax due on the sale is handled by Dodo Payments as merchant of record and is added or included at checkout as their system determines for your country. Card numbers never reach this service.

Completing checkout is an offer to buy on the terms shown. The position is assigned when the payment is confirmed by a signed webhook and the placement is written to the board — at whatever rank that amount then supports.

A refunded or charged-back amount is deducted from the bid it paid for, and a placement whose bid reaches zero leaves the desktop. Raising a chargeback without a legal basis, instead of asking for a refund, is a breach of these terms: the placement may be removed and future use refused. Contact us first — it is faster, and it costs both sides less.

There is no account, no password and nothing to manage afterwards. Before you pay, the checkout shows the exact name, description and icon that will appear, fetched from the site you entered. What you confirm there is what goes up.

A placement therefore cannot be edited or repointed after purchase, and a link entered wrongly cannot be corrected — check the preview before paying. To raise your position, pay again with the same link: bids accumulate on the same placement, and that needs no login and no link.

Dodo Payments emails the receipt for the transaction. For anything else — a takedown, a correction we have to make, a refund, a data-protection request — write to marchembach@icloud.com.

A position on this desktop is not an opinion about the product behind it. The operator does not check whether the claims, prices or results on a destination site are true, and the order of placements says nothing about their quality.

Click counts, visitor numbers and the online figure describe what the service recorded. They are not a forecast and not a promise: what a placement returns depends on the bid, the destination, the timing and much the operator does not control. Links leave this service for sites with their own terms and practices, for which the operator is not responsible.

The service is provided as it stands. No specific uptime is promised, and it may be interrupted for maintenance, provider failure, attack or legal requirement. Where a rented surface does not run for the time bought because of a fault on the operator’s side, the unused time is refunded proportionally under the refund policy. That is the agreed remedy for downtime.

The operator is liable without limitation for injury to life, body or health, for intent and gross negligence, and under the Produkthaftungsgesetz. For slight negligence the operator is liable only where an obligation essential to the purpose of this contract is breached, and then only for the damage typically foreseeable for a contract of this kind. Liability for lost profit, lost data, lost goodwill and other indirect or consequential loss is excluded. Total liability for any claim connected to a payment is limited to the amount paid for the placement that claim concerns in the three months before it arose.

Nothing here limits a consumer’s statutory rights, or liability where the law does not permit it to be limited.

You can stop at any time by asking for your placement to be removed; that is not a refund request, and money already spent on a delivered position does not come back. The operator may end the agreement with immediate effect for a breach of section 6, 7 or 8, and otherwise with reasonable notice, refunding the unused portion of any rented time in that case.

If the service is discontinued altogether, unused rented time is refunded proportionally. Amounts paid for ranked position are not refunded, because that position was delivered for the period the service ran.

These terms may change. The version that applies to a purchase is the version shown and accepted at checkout, and the date at the top of this page identifies the current one. Where a change materially affects placements already live, notice is given to the email address on file at least thirty days before it takes effect, and continuing to hold a placement after that date counts as acceptance.

German law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice does not deprive you of the protection of the mandatory rules of the country where you are habitually resident (Art. 6 Rome I).

If you are a merchant, a legal person under public law or a special fund under public law, the courts at the operator’s place of business have exclusive jurisdiction. Consumers may sue, and be sued, at the courts their own law provides for.

• If a part of these terms is invalid, the rest stands, and the invalid part is replaced by the rule that comes closest to its purpose.
• Not enforcing a term once does not waive it.
• You may not transfer this agreement without consent. The operator may transfer it together with the service.
• These terms, the house rules, the privacy notice, the refund policy and what you confirm at checkout are the whole agreement for the service.
• Payment, hosting, and identity lookups involve third parties. Their outages and decisions are outside the operator’s control.