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Terms of service

Effective from: [date]Version: [no.][PDF pending]
Draft pending legal review. Not binding yet.

1. Who we are and what you agree to

BannerMotion is a service of [PLACEHOLDER: company name] (hereinafter “BannerMotion,” “we” or “us”), with registered office at [PLACEHOLDER: address]. These terms govern the use of the BannerMotion app, website and API.

By creating an account or using the service, you accept these Terms of Service and the Privacy Policy. The Acceptable Use Policy, the AI Terms, the Refund Policy and the Cookie Policy also apply. If you do not agree, do not use the service.

If you use BannerMotion on behalf of a company, you confirm that you have the authority to bind that company.

2. What the service is

BannerMotion generates videos, banners and animations from a brief you write: sizes, languages, text, style and the assets you upload (logos, images, fonts). Today it delivers animated HTML5 banners, with an MP4, GIF, or PNG/JPG image version if you choose it; the videos and animations the site marks as “Coming soon” are not available yet. Part of the generation is handled by an artificial intelligence system. You can review, adjust, approve the result through review links and export it.

The service is provided “as is”: the output may need corrections, and you decide what gets published (see the AI Terms).

3. Your account and workspace

To use the service you need an account with accurate details. You are responsible for keeping your password secure and for what happens through your account; we recommend turning on two-step verification.

An account is personal. If you invite other people to your workspace, you are responsible for their use under these terms. You must be old enough to enter into a contract in your country: [PLACEHOLDER: minimum age].

Tell us without delay if you believe someone has accessed your account without permission.

4. Plans, credits and payments

The service works with subscription plans and credits. Plan credits renew every month, and top-up credits last 12 months. Prices, the people included in each plan and the credit cost of each action are shown on the pricing page and may change; changes do not affect amounts you have already paid.

Payments are processed by Paddle, which acts as Merchant of Record: Paddle sells the product to you, collects any applicable taxes and issues the receipt. Paddle’s payment terms apply to the purchase. BannerMotion does not store your card details.

Refunds and cancellations are governed by the Refund Policy. [PLACEHOLDER: exact cancellation and automatic renewal terms.]

5. Your content and what you generate

Your content is everything you write or upload: text, logos, images, fonts and other files. It remains yours. You give us the limited permission we need to store it, process it (including with AI providers) and show it to you in order to provide the service.

You warrant that you have the rights needed for your content, including the web or advertising license for any fonts you upload, and that using it in advertising does not infringe anyone’s rights.

For the generated output, the AI Terms grant you a broad, perpetual license for commercial use. That license does not guarantee copyright protection or the absence of resemblance to third-party works.

6. Acceptable use

You may not use BannerMotion for anything the Acceptable Use Policy prohibits (for example, deceptive advertising, use of third-party trademarks without authorization or illegal content). We may suspend or limit an account, or remove content, if that policy is breached.

7. Availability and changes

We work to keep the service available, but we do not promise it will run without interruptions or errors. [PLACEHOLDER: availability commitment (SLA), if applicable.] We may change, improve or discontinue features; if a change materially affects you, we will give you reasonable advance notice.

We may update these terms. If the change is material, we will notify you by email or in the app before it takes effect. Continuing to use the service afterwards means you accept it.

8. Liability

You are responsible for how you use the banners: reviewing them, complying with the rules of your industry and of each advertising platform, and publishing only what is appropriate. BannerMotion does not review your campaigns from a legal or regulatory standpoint.

To the extent permitted by law, BannerMotion is not liable for indirect damages, lost revenue or opportunities, or the rejection of a banner by an advertising platform. [PLACEHOLDER: liability cap, to be set by legal review.] Nothing in these terms limits liability that the law does not allow to be limited.

9. Cancellation and termination

You may cancel your account at any time from the app. We may suspend or close an account if you breach these terms, if there is a security risk or if the law requires it, and we will explain why whenever possible.

When an account is closed, [PLACEHOLDER: what happens to your data and for how long you can export it]. Provisions that by their nature must survive (for example, liability and governing law) remain in force.

10. Governing law and contact

These terms are governed by [PLACEHOLDER: governing law], and disputes are subject to [PLACEHOLDER: jurisdiction and competent courts], without prejudice to the rights the law grants you as a consumer.

For any legal inquiry, write to [PLACEHOLDER: legal email]. Effective from [PLACEHOLDER: date].

Do you have questions about this document? Write to us at [PLACEHOLDER: legal email].