Terms and Conditions

Last updated: Jul 6, 2024

Please read these terms and conditions carefully before using Bannerify.

Interpretation and Definitions

Interpretation

Words with initial capital letters have specific meanings defined under the following conditions. These definitions apply whether they appear in singular or plural.

Definitions

For these Terms and Conditions:

  • Account: A unique account created for You to access our Service or parts of our Service.
  • Country: Refers to Vietnam.
  • Company: Refers to Bannerify, Ha Noi.
  • Content: Refers to text, images, or other information posted, uploaded, linked to, or otherwise made available by You, regardless of the form.
  • Free Trial: A limited period that may be free when purchasing a Subscription.
  • Service: Refers to the Website.
  • Subscriptions: Services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions: These Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service: Services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website: Refers to Bannerify, accessible from https://bannerify.co.
  • You: The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. They apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription Details

Duration and Renewal

  • Our Service or parts of it are available with a paid Subscription.
  • You’ll be billed in advance on a recurring basis (daily, weekly, monthly, or annually).
  • Your chosen Subscription plan determines the billing cycle.
  • Your Subscription will automatically renew at the end of each period unless you or we cancel it.

How to Cancel

  • You can cancel your Subscription renewal through:
    1. Your Account settings page
    2. Contacting our Company directly
  • Note: You won’t receive a refund for fees already paid for the current period.
  • You’ll still have access to the Service until the end of your current Subscription period.

Billing Information

  • Please provide us with accurate and complete billing details, including:
    • Full name
    • Address
    • State
    • Zip code
    • Telephone number
    • Valid payment method information
  • If automatic billing fails, we’ll send you an automate invoice.
  • You’ll need to manually complete the payment by the deadline stated on the invoice.

Refund Policy

  • Paid Subscription fees are generally non-refundable, except when required by law.
  • We may consider certain refund requests on a case-by-case basis.
  • Any refunds granted are at the sole discretion of our Company.

Free Trial

  • We may offer a Subscription with a Free Trial for a limited time.
  • Please note that we reserve the right to:
    1. Modify the terms and conditions of the Free Trial offer
    2. Cancel the Free Trial offer
  • These changes can be made at any time without notice.

Your Account

Account Creation

  • When creating an account, provide accurate, complete, and up-to-date information.
  • Keeping your information current is your responsibility.
  • Failure to do so may result in immediate account termination.

Account Security

  • You’re responsible for safeguarding your password.
  • This applies whether your password is for our Service or a Third-Party Social Media Service.
  • You’re also responsible for any activities or actions under your password.
  • Please don’t share your password with anyone.
  • Notify us immediately if you suspect any security breach or unauthorized use of your account.

Username Guidelines

  • Choose a username that:
    • Isn’t already in use by another person or entity
    • Doesn’t infringe on someone else’s trademark or rights
    • Isn’t offensive, vulgar, or obscene

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Impersonating any person or entity, including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups and Retention

We care about your data and regularly perform backups of Content. However, please understand that:

  1. We can’t guarantee 100% protection against data loss or corruption.
  2. Backup issues may occur if:
    • Content is already corrupted before the backup
    • Content changes while a backup is in progress

Our team will:

  • Provide support for backup-related issues
  • Try to solve any known problems affecting your Content backups

It’s important to note that:

  • We’re not liable for Content integrity issues
  • We can’t be held responsible if we can’t restore your Content to a usable state

To ensure the safety of your data, we recommend that you:

  • Keep your own complete and accurate copy of any Content
  • Store this copy somewhere separate from our Service

By following these guidelines, you’ll have an extra layer of protection for your valuable Content.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys

’ fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly

Contact Us

For any questions regarding this Terms, please contact us at [email protected].