Terms of service
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These Terms of Service (“Terms”) constitute a binding agreement between Bannersnack Inc., together with its Affiliates (collectively, “Bannersnack”, “we”, “us”), and you (“User” “you”, “your”).
These Terms govern your access to and use of the Bannersnack Services.
By signing up, creating an account, acquiring a Subscription Plan, using the Services as a visitor or otherwise entering into an agreement that references these Terms, you accept these Terms either (i) in your own individual capacity, as applicable, or (ii) on behalf of the entity that you represent. Where you act in an individual capacity, you agree to be personally bound by these Terms. Where you act on behalf of an entity, you represent and warrant that you have full authority to bind such entity to these Terms.
By accepting these Terms or by using the Services, you agree to be bound by these Terms.
Capitalized terms used throughout these Terms but not otherwise defined herein shall have the meaning set forth in Exhibit A - Definitions.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS FROM THE DATE ON WHICH YOU FIRST ACCEPT THESE TERMS, IN ACCORDANCE WITH THE PROCEDURE SET OUT IN THE “DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE THAT ANY CLAIMS BROUGHT BY YOU AGAINST BANNERSNACK BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.
BY ENTERING INTO THESE TERMS, BOTH YOU AND BANNERSNACK EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Overview
Bannersnack is a platform designed to simplify the way you create and publish banner ads, rich media widgets and generally content for the web.
Access and Use of Bannersnack Services
Age Requirements
You may access and use the Services only if you have the legal capacity to enter into these Terms under applicable law.
Subscription Services
Bannersnack offers Subscription Plans as described on its Pricing Page. By subscribing to a Subscription Plan, you agree to pay the applicable fees and any related charges. Subscription Plans will automatically renew for successive periods of the same duration unless cancelled, discontinued or terminated prior to the applicable renewal date.
By activating a Subscription Plan, you authorize Bannersnack, or its designated payment processors, to charge the applicable subscription fees and taxes to your selected payment method on a recurring basis until the Subscription Plan is cancelled, discontinued or terminated.
User Registration and Account Management
As part of the account setup process, the User shall designate one or more individuals as Administrators of its account. Each Administrator account is assigned to a specific individual and is intended for that individual’s exclusive use. Login credentials must not be shared with, or used by, any other person.
The User shall ensure that all account information provided is accurate, complete, and kept up to date. The User shall retain exclusive control over its Administrator’s accounts confidentiality of all login credentials, including usernames and passwords.
The User may grant or revoke access to the Services for its Authorized Users subject to these Terms. Each account is assigned to a single Authorized User and may not be shared with other individuals. Access to the Services must be made only through the designated login credentials. The User is responsible for all use of the Services by its Authorized Users and for their compliance with these Terms.
The Administrator has control over all User Content within the account, regardless of which Authorized User created it. The User remains fully responsible for all activities carried out under the account, including those of Administrators and other Authorized Users.
Ownership and Proprietary Rights
The Services are owned and operated by Bannersnack. All visual interfaces, design elements, graphics, computer code (whether in source or object form) and any other components of the Services (“Service Elements”) are protected by applicable intellectual property and other laws. Except as expressly authorized, there are no implied licenses in these Terms and Bannersnack reserves all rights to the Service Elements not granted expressly in these Terms. Service Elements do not include User Content.
License to the Services
Bannersnack grants User a worldwide, non-exclusive, non-transferable, and non-sublicensable license for the duration of the Term, to permit the User and its Administrators and Authorized Users to access and use the Services solely in accordance with these Terms.
Content Libraries
Third-Party Content Libraries. Users may have access to certain content or materials (e.g. images, videos, graphic elements) provided by third parties in connection with the Services. Such content or materials are subject to separate terms imposed by their respective providers, as indicated on Third-Party Content Libraries Terms, as may be updated from time to time. Bannersnack does not control these third-party content libraries and, to the fullest extent permitted by law, accepts no responsibility for them, including any use of User data by third parties or any issues relating to their content, including potential infringement.
Bannersnack Content Libraries. Certain content (e.g., images, graphic elements) owned or controlled by Bannersnack may be made available as part of the Services. Subject to these Terms, Bannersnack grants you a non-exclusive, non-transferable, worldwide license to use such content solely as incorporated into your User Content. Except as expressly permitted, you may not download, distribute, sell, or otherwise use content from Bannersnack Content Libraries on a standalone basis or as part of any similar library.
Ad Serving
Your Subscription Plan may include features enabling the distribution of your User Content to third-party advertising networks. You are solely responsible for any User Content you distribute, and Bannersnack shall not be liable for any resulting actual or potential losses or damages.
Service-Specific Terms
Certain features or functionalities (including, for instance, beta services, free trials or API access) may be governed by separate terms and conditions. By accessing or using such features, the User agrees to be bound by the applicable additional terms available at Service-Specific Terms which are hereby incorporated into these Terms by reference.
Community Spaces
The Services may include interactive and participatory features such as chats, forums, message boards, surveys, contests, or similar tools that enable users to communicate, publish, or exchange content (collectively, the “Community Spaces”).
By submitting, posting, or otherwise making available any content through the Community Spaces, you acknowledge and agree that such content may be treated as Feedback under these Terms and may be used by Bannersnack without restriction, unless otherwise required by applicable law.
Third-Party Services
Link to other websites: Our Services may allow you to share or export your information, including Your Content, to third-party services. By using these features, you authorize such transfers. Third-party services are not controlled by us, and we are not responsible for their content or data practices.
We may also include links to external services. Before sharing any information, you should review their terms and privacy policies. Once your data is shared, it is subject to the third party’s control.
Third-Party Software: Our Services may contain or rely on software components developed by third parties that are made available under open-source or other permissive licenses (“Third-Party Components”). Your use of these components is governed by their respective license terms.
Nothing in these Terms is intended to limit your rights under those third-party licenses or restrict your ability to access, use, modify, or distribute such Third-Party Components in accordance with their applicable terms.
User Rights and Obligations. User Content
Acceptable Use Policy
While using our Services, you acknowledge and agree to comply with our Acceptable Use Policy.
Reservation of Rights
User retains all rights, title, and interest in User Content. Bannersanck retains all rights, title, and interest in the Services and Service Elements, including all related intellectual property. Except as expressly stated in these Terms, no rights or licenses are granted or implied, and each party reserves all rights not expressly granted under this Agreement.
Responsibility
You may only Transmit User Content if you own it or have all necessary rights and permissions to do so. To the extent permitted by law, we assume no responsibility for User Content and disclaim any liability arising from it. You remain solely responsible for User Content and any consequences resulting from its use or submission through the Services.
Feedback
Users may, but are not obligated to, submit ideas, suggestions, comments, or other input relating to the Services or any related features (collectively, “Feedback”). Where Feedback is provided, User grants Bannersnack a worldwide, perpetual, irrevocable, royalty-free right to use, incorporate, and exploit such Feedback for the purpose of operating, maintaining, developing, and improving its products and services, without restriction or any obligation to the User.
Monitoring and Use Data
We are under no obligation to monitor User activity, User Content, or data within the Services. However, we may, at our discretion and from time to time, review, monitor, or analyze usage of the Services for purposes including, without limitation, security, compliance, troubleshooting, and service improvement.
We may collect and process usage data in connection with your use of the Services, which may include technical or performance-related information. Such data may be aggregated, anonymized, or de-identified and used to operate, maintain, and improve the Services, enhance functionality, and develop new features.
Fees and Payment
General. Service Plans. Fees
The Services is offered under various paid and free Subscription Plans for individual or commercial use, with pricing available on our Pricing Page.
By acquiring a Subscription Plan, you authorize us or our payment providers to charge the applicable fees and taxes on a recurring basis to your selected payment method.
Charges are billed on the subscription start date and at each renewal. You must cancel your subscription before the renewal date to avoid being charged for the next billing cycle. Cancellation can be made via your account settings or by contacting support.
Unless expressly stated otherwise in these Terms or permitted by applicable laws (a) all fees are quoted and payable in U.S. dollars; (b) all payment obligations are final and non-cancellable and must be made without set-off or deduction; and (c) all amounts paid are non-refundable.
Promotional offers or trial pricing apply only where expressly stated and do not affect other users or existing subscriptions.
Upgrades and Downgrades. If you upgrade your Subscription Plan, the upgrade may take effect immediately and any additional charges may be applied on a prorated basis or as otherwise disclosed at the time of the upgrade. If you downgrade your subscription, the downgrade will take effect at the next renewal term unless otherwise stated at the time of the downgrade.
Failed Payments and Overdue Amounts. If any payment fails or is declined, we will notify you and may retry the payment using the payment method on file. We may notify you using the contact details associated with your account.
If payment remains outstanding for more than seven (7) days after the due date, we may suspend your access to the applicable Services until all outstanding amounts are paid in full.
If the payment default continues, we may downgrade, restrict or terminate access to the paid services, and may take any other necessary measures to recover the outstanding amounts owed, subject to applicable laws.
For business Users, Bannersnack reserves the right to charge interest on overdue amounts at the rate of 1,5% per cent per month (or the maximum rate permitted by applicable law, if lower), calculated from the original due date.
Fee Changes. We may update pricing or introduce additional fees from time to time, with prior notice where required. Any fee increase will take effect no earlier than thirty (30) days after prior notice has been provided to you, or upon the next renewal of your subscription, whichever occurs later, unless the change results from: (i) the addition of new features or services; (ii) changes in any applicable taxes or government changes; (iii) adjustments required by the law. If you do not agree to a fee increase you may cancel your subscription before the new fees take effect. Your continued use of the paid services after the effective date of a price change constitutes acceptance of the new fees.
Taxes
Fees are exclusive of any applicable taxes. If applicable, each party is responsible for all taxes imposed on it under applicable law, including sales, use, VAT/GST, and similar taxes, as well as its own income and employment taxes.
All payments shall be made without withholding or deduction, unless required by law. If withholding is required, User shall increase the payment so that Bannersnack receives the full amount due as if no withholding had applied. Each party will reasonably cooperate to obtain any available exemptions or reductions in withholding taxes.
Payment Default
Bannersnack reserves the right to suspend or terminate access to the Services, including to any paid features, in the event of due but unpaid amounts. The User may be responsible for any additional costs incurred in connection with failed payments, chargebacks, or collection efforts. If a valid payment method is not maintained at the time of renewal, Banersnack may suspend or delete the account and any associated data or User Content, without liability.
Confidentiality Obligations
Confidential Information. Rights and Obligations
Either party may share with the other certain information that is not publicly available and relates to its business, technology, customers, or operations (“Confidential Information”). Your Confidential Information includes any materials, data, or content you upload, submit, or create through the Services, while our Confidential Information covers non-public information about the Services, including their features, performance, and ongoing development.
The recipient agrees to process Confidential Information only to the extent required for the performance of these Terms and to implement appropriate safeguards to prevent unauthorized access or disclosure. Confidential Information may only be disclosed internally to employees, contractors, or professional advisors who have a legitimate need to access it and who are bound by confidentiality obligations at least as protective as those set out in these Terms.
Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was already known to the receiving party prior to disclosure; (c) is lawfully obtained from a third party without restriction; or (d) is independently developed without reference to the disclosing party’s Confidential Information.
These confidentiality obligations apply for as long as the information is used in connection with the Services. For all other Confidential Information, the obligations survive for three (3) years following disclosure or termination of the Terms, whichever occurs later.
Information Security and Data Privacy
Information Security
Bannersnack maintains and applies appropriate physical, technical, and organizational safeguards aimed at protecting your information against unauthorized access, loss, misuse, alteration, or disclosure.
Data Privacy
The User is responsible for ensuring compliance with all applicable data protection and privacy laws in relation to its use of the Services. The User is encouraged not to submit Personal Information within User Content processed through the Services, except where such information is strictly required for the intended functionality of the Services.
Bannersnack’ Privacy Policy applies to the Personal Information that Bannersnack processes about User’s accounts or use of the Services (where Bannersnack acts as a Data Controller), except for the Personal Information included in the User Content, if the case, processed by Bannersnack on your behalf (where Bannersnack acts as a Data Processor).
Representations and Warranties
Mutual Representations
Each party confirms and guarantees to the other that: a) it will comply with all applicable laws in carrying out its rights and responsibilities under these Terms; and b) entering into and performing its obligations under these Terms does not and will not breach any other agreement or legal obligation binding on it and does not require consent or approval from any third party.
Bannersnack Representations
During the applicable subscription period, Bannersnack represents that reasonable industry-standard safeguards will be implemented to protect the Services against malicious code, including viruses, worms, Trojan horses, and similar threats.
DISCLAIMER
EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION, ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, TITLE, OR NON-INFRINGEMENT.
BANNERSNACK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL SATISFY USER’S REQUIREMENTS OR EXPECTATIONS, OR THAT ANY USER CONTENT WILL BE ACCURATE OR RELIABLE. WE FURTHER DO NOT REPRESENT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, NOR DO WE GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED.
ANY THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT LIBRARIES ARE PROVIDED INDEPENDENTLY BY THEIR RESPECTIVE PROVIDERS, NOT BY BANNERSNACK, AND USE OF SUCH THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT LIBRARIES IS SOLELY BETWEEN THE USER AND THE APPLICABLE THIRD PARTY. BANNERSNACK ASSUMES NO RESPONSIBILITY, LIABILITY, OR OBLIGATION OF ANY KIND IN RELATION TO SUCH THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT LIBRARIES.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL SERVICE ELEMENTS, MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES OFFERED BY BANNERSNACK ARE PROVIDED “AS IS”.
Indemnity
Indemnification by Customer
You agree to indemnify, defend, and hold harmless Bannersanck and its Affiliates, against any claims, actions, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your violation of these Terms, your use/misuse of the Services or your User Content; (b) Your violation of any rights of another person or entity.
Limitation of Liability
Limitation on Indirect Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANNERSNACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Amount of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANNERSNACK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY USER TO BANNERSNACK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Term and Termination
Term
These Terms become effective upon your initial access of the Services.
Termination
You may terminate your account and stop using the Services at any time, by following the account closure process provided in the Services or by contacting Bannersnack directly. Termination will become effective at the end of your current subscription period, if applicable.
We may suspend or terminate your access to and use the Services immediately, in our sole discretion, without prior notice or liability to you, if we reasonably believe that your conduct materially breaches these Terms or is otherwise harmful to us, other users, or the integrity of the Services.
Effect of Termination
Upon termination or expiration of these Terms, the rights and licenses granted to User to access and use the Services will immediately cease. User shall discontinue all use of the Services and, where applicable, delete or return any confidential information or materials in its possession in accordance with these Terms.
Termination shall not relieve the User of any obligation accrued prior to the effective date of termination, including payment obligations (if any). Any provisions that are intended to survive termination shall remain in full force and effect in accordance with the Survival clause.
Dispute Resolution
Any dispute arising out of or relating to these Terms, the Services, or related communications will be resolved through binding arbitration, except as set out below.
Before initiating any legal proceedings (other than for injunctive relief or protection of intellectual property), the parties agree to first attempt to resolve the dispute in good faith through designated representatives within thirty (30) days, by contacting each other at the contact addresses provided below.
Exceptions
Either party may (a) bring individual claims in small claims court; (b) seek relief from competent authorities where available; (c) request injunctive relief in court; or (d) pursue claims related to intellectual property infringement.
Any arbitration will be conducted in English, in the State of Delaware, pursuant to the Federal Arbitration Act (FAA), and administered by the American Arbitration Association (AAA) in accordance with its applicable rules—Commercial Arbitration Rules for business customers and Consumer Arbitration Rules for individuals—as modified by this Agreement. The AAA Rules are available at www.adr.org.
The arbitrator may grant any relief available under applicable law, and the decision will be final and binding, subject to limited judicial review.
BY AGREEING TO THESE TERMS, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION.
Opt-Out
You may opt out of arbitration within thirty (30) days of accepting these Terms by sending written notice to our Legal Department at legal@bannersnack.com. If you opt out, disputes will be resolved in accordance with the governing law and jurisdiction provisions of these Terms.
The arbitrator may grant any relief available under applicable law, and the decision will be final and binding, subject to limited judicial review.
Miscellaneous
Governing Law and Venue
These Terms shall be governed by the laws of the State of Michigan, without regard to its conflict of laws rules. You and Bannersnack agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any disputes that may be brought before a court under these Terms.
Changes of these Terms
We may update or change these Terms from time to time. Where changes materially affect your rights or use of the Services, we will make reasonable efforts to notify you in advance, including via the platform, website, or email.
Please check these Terms periodically for changes or updates. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of those changes.
Changes of the Services
We may update, change or discontinue any feature or functionality of the Services, at any time. Your continued use of the Services after such changes take effect constitutes your acceptance of those changes.
No Partnership
Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between the parties, and neither party has authority to act for or bind the other in any manner.
Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them, whether by law or otherwise, without our prior written approval. We may freely assign or transfer these Terms, in whole or in part, including all associated rights, without requiring your consent or prior notice.
Severability. No Waiver
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The parties intend that any such provision will be adjusted or replaced to the minimum extent necessary to make it valid and enforceable while preserving its original purpose. If such adjustment is not possible, it shall be replaced with a valid provision that most closely reflects the intended effect.
Any failure or delay by either party in exercising any right or remedy under these Terms shall not be deemed a waiver of that right or remedy.
Interpretation
The term “including” shall be interpreted as “including without limitation.” If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
Contact. Notices
All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed properly given: (a) to User when delivered to the contact information associated with User’s account or as otherwise set forth in any applicable written agreement; and (b) to Bannersnack, when sent to legal@bannersnack.com or any other email or address expressly designated by Bannersnackr for such purpose. Notices sent by email shall be deemed received on the date of transmission, unless a delivery failure notice is received.
Publicity Rights (Use of Logo and Trademark)
We may refer to you as a User of Bannersnack and use your name, logos, and trademarks (“User Branding”) for identification and marketing purposes. This includes, for example, use in presentations, case studies, sales and promotional materials, customer lists, website content, press communications, newsletters, and similar business-related publications.
You grant us a non-exclusive, worldwide, royalty-free license to use User Branding for these purposes and confirm that you have all necessary rights to do so, and that such use does not infringe any third-party rights.
Intellectual Property and Rights Protection
We comply with applicable provisions of the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that any content available through the Services infringes your intellectual property rights, you may submit a notice by following the Procedure for Intellectual Property Complaints (DMCA).
Force Majeure
Neither party shall be liable for delays or failures caused by events beyond its reasonable control (“Force Majeure Events”), including but not limited to natural disasters, terrorism, government actions, energy crises, or other unforeseeable circumstances (except for a party’s failure to satisfy payment of its obligations).
The affected party must promptly notify the other and use reasonable efforts to minimize the impact. If a Force Majeure Event prevents performance for 30 consecutive days or more, either party may terminate these Terms without liability, by expressly notifying the other party.
Export Control
The Services may be subject to applicable export control and economic sanctions laws, including those administered by OFAC and other relevant authorities.
Each party represents that it is not subject to applicable sanctions or listed on any restricted party list, nor owned or controlled by such persons.
User agrees to comply with all applicable export control laws and will not access, use, export, re-export, or otherwise make the Services available in violation of such laws.
Bannersnack may suspend or restrict access to the Services or take any other necessary action to comply with applicable export control or sanctions requirements.
Anti-Corruption
Each party agrees to comply with all applicable anti-bribery and anti-corruption laws and regulations in connection with these Terms. Neither party shall, directly or indirectly, offer, promise, give, request, or accept any improper payment, benefit, or advantage intended to influence business decisions or secure an improper advantage.
This includes, without limitation, any form of bribe, kickback, facilitation payment, or other unlawful inducement. Reasonable and bona fide business hospitality or promotional expenses made in the ordinary course of business and in compliance with applicable law are permitted.
Survival
The provisions of these Terms that by their nature are intended to survive termination or expiration shall continue in full force and effect following termination or expiration of the Agreement. Such provisions include, without limitation, those relating to “1.4 Ownership. Proprietary Rights”, “4. Confidentiality Obligations”, “7. Indemnity”, “8. Limitation of Liability”, “10. Dispute Resolution”, payment obligations (if any accrued prior to termination), and any other provisions which, by their express terms or context, are intended to survive.
Notice (for California Residents)
If you are a California resident, you may contact the California Department of Consumer Affairs, Division of Consumer Services, Complaint Assistance Unit, for assistance with any complaint regarding the Services or for additional information about your rights. They can be reached in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at +1-800-952-5210.
Entire Agreement
These Terms, together with any documents expressly incorporated by reference, constitute the full and exclusive agreement between the parties regarding the subject matter and replace all prior or contemporaneous discussions, agreements, or understandings, in whichever form.
Consequences of Violation of these Terms
We may suspend or restrict your access to the Services, or remove any content submitted through it, where we reasonably believe you have breached these Terms. Where appropriate, we may attempt to notify you in advance, but we are not obligated to do so.
Continued use of the Service is conditional upon compliance with these Terms, and any breach may result in termination of access and other available legal or equitable remedies. We may also suspend or delete your account at any time, with or without cause.
EXHIBIT A: DEFINITIONS
The following capitalized terms will have the meanings set forth below:
“Administrator” means any individual designated by the User and authorized to manage the User’s account, including, without limitation, administering access, adding or removing users, approving purchases, and taking any actions in connection with the Services and these Terms on behalf of the User. The User acknowledges and agrees that each Administrator has full authority to bind the User, and the User shall be solely responsible for all actions and omissions of its Administrators.
“Affiliates” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, whether now existing or subsequently created or acquired, for so long as such control continues.
“Data Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Information or any meaning given by applicable privacy laws.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the Data Controller.
“Authorized User” means any employees, consultants, customers, agents, representatives, or other persons, end-users of the User or its Affiliates who are permitted by the User to use the Services.
“Personal Information” means any data that identifies, relates to, describes, or could reasonably be linked—directly or indirectly—to an individual.
“Services” means Bannersnack’s websites, hosted software platform, SaaS offerings, Service Elements and related services made available under these Terms, including any associated APIs, applications, integrations, features, extensions, or add-ons provided by Bannersnack. For clarity, Services do not include any third-party or non-Bannersnack services.
“Subscription Plan” means the bundle of features, functionalities and services as set out on the Bannersnack’s website.
“Transmit” means to provide User Content available on or through the Services, including by creating, uploading, submitting, publishing, transmitting, sharing, generating, broadcasting, or otherwise distributing such User Content to the Services.
“User Content” means any data or content, including text, images, audio, video, brand assets, designs, templates, creative materials, and similar materials, that User, its Administrators, or its Authorised Users Transmit, upload, submit, or otherwise provide through or to the Services. For clarity, User Content excludes account information.