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Audience Unlimited & Trading Modes Terms of Service

Last Updated: 12/8/2025

These Audience Unlimited & Trading Modes Terms of Service (“Terms”) apply to the organization’s (“Company”) access to and use of Audience Unlimited and the Trading Modes, including both Performance Mode and Control Mode, via the TD Platform. The individual that accepts these Terms represents and warrants that they are authorized to accept these Terms on Company’s behalf and bind Company to these Terms.

These terms supplement Company’s services agreement for access to and use of the TD Platform (“MSA”) with The Trade Desk Inc. or The UK Trade Desk Ltd. (as applicable, “TD”). Capitalized terms not otherwise defined in these Terms have the meanings assigned to them in the MSA. 

Fees, Invoicing and Reporting

  1. Audience Unlimited Annual Fee: Access to Audience Unlimited, including access to Performance Mode which requires Audience Unlimited to be enabled, will be provided at no additional charge until at least January 1, 2027. Thereafter, TD reserves the right to charge a non-refundable annual fee for such access (“Annual Fee”) for each Advertiser ID in which Audience Unlimited is enabled. Once applicable, this Annual Fee will auto-renew on an annual basis, provided that Company will be given notice and the opportunity to cancel Audience Unlimited at any time through the advertiser settings page in the Platform. TD will inform Company through the TD Platform or otherwise prior to the Annual Fee becoming payable. Company acknowledges that it will be responsible for paying the Annual Fee if it continues to access Audience Unlimited after the applicable notice period.

  2. Additional Fees: Additional Fees for use of Audience Unlimited in Control Mode (“Control Mode AU Fees”) are set forth in the “View Fees” section of the Platform. For Performance Mode, features will be charged to Company at the rate set forth in the Platform (or as otherwise identified) and data segments will be charged to Company at the Audience Unlimited segment rate. For the avoidance of doubt, any separately agreed discounted data rates between Company and TD will apply in lieu of, and not in addition to, the Audience Unlimited segment rates if such discounted data rates are lower. 
     
  3. Invoicing and Reporting: For Performance Mode campaigns, and notwithstanding anything to the contrary in your MSA, Company acknowledges that costs reflected in invoices and reporting will be presented on a consolidated basis, and may not be itemized or broken out by component, in TD’s sole discretion. For further information, please reach out to Company’s designated account representatives. 

Performance Mode

Performance Mode is a Trading Mode offered through TD’s Platform that has been designed to automatically optimize customer campaign activity on Company’s behalf using artificial intelligence or machine-based systems subject to the parameters set by Company. If Company leverages Performance Mode, Company is authorizing TD to make automated actions on Company’s behalf, including enabling additional fee features and data segments, which may incur additional costs payable by Company to TD for Company’s campaigns. Performance Mode will not be available to Company unless Company is participating in Audience Unlimited. For the avoidance of doubt, Company remains responsible for all campaigns through TD’s Platform, including those in Performance Mode. If Company has enabled Audience Unlimited, TD reserves the right to migrate campaigns to Performance Mode after providing notice in the Platform, unless Company elects to keep campaigns in Control Mode.

Audience Unlimited in Control Mode

If Company uses Audience Unlimited on a campaign in Control Mode, Company acknowledges and agrees that (a) the campaign will be subject to the additional Control Mode AU Fees, (b) Company remains responsible for any Fees associated with fee features or data segments that it elects to use that are not included in Audience Unlimited, and (c) Company authorizes TD to select and apply data segments to Company’s campaigns. While Company may identify Audience Unlimited segments for use on a campaign, Company further acknowledges that: (i) Audience Unlimited will only leverage data segments that fit within the allocated data budget for the campaign, and not all segments identified by Company may be utilized; and (ii) the allocated data budget for the campaign is limited to the amount of the Control Mode AU Fees for the campaign. 

Measurement Offering

Company acknowledges that by participating in Audience Unlimited, Company may receive certain advertising measurement services at no additional cost if such campaign is eligible and leverages data from a participating measurement data provider (subject to data provider participation and eligibility criteria). TD may add participating measurement data provider segments to Company’s campaigns to facilitate such measurement, if applicable.

Access and Modifications

TD may modify, change, discontinue or restrict access to Audience Unlimited features or the Trading Modes at any time, in TD’s sole discretion.

Further, TD may update these terms at any time. The “Last Updated” date above reflects the most recent changes. If changes are made, TD may notify Company via email or through the Platform. Unless stated otherwise, changes take effect immediately, and continued use of Audience Unlimited or Performance Mode confirms acceptance. If Company disagrees with the changes, Company must stop using Audience Unlimited and Performance Mode immediately. To the extent these Terms conflict with the terms of the MSA, these Terms shall govern with respect to the use of Audience Unlimited and the Trading Modes.

Disclaimer

AUDIENCE UNLIMITED AND THE TRADING MODES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TD MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING AUDIENCE UNLIMITED OR THE TRADING MODES, INCLUDING WITH RESPECT TO THEIR PERFORMANCE OR OUTCOMES. FURTHER, TD MAKES NO PROMISES REGARDING THE SPECIFIC ACTIONS TAKEN OR RESULTS ACHIEVED THROUGH AUDIENCE UNLIMTIED OR THE TRADING MODES.