Terms & Conditions

This website and online application (hereafter referred to as the “Service”) are owned and operated by Bannerwise B.V. (hereafter referred to as “Bannerwise”, “we”, “us” or “our”), a Dutch registered company at the Dutch Chamber of Commerce with number 63348322 located at Korte Leidsedwarsstraat 12-16, 1017 RC Amsterdam, the Netherlands, in accordance with these Terms and Conditions.

These Terms and Conditions govern your use of the Service. By accessing or using the Service, you accept these Terms and Conditions in full and without reservation.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY OR OTHER POLICIES, GUIDELINES OR INSTRUCTIONS POSTED ON THE SERVICE, DO NOT USE THE SERVICE.

Article 1 Validity of these conditions

These conditions apply to all negotiations, offers, quotations, agreements and other legal acts entered into by Bannerwise. A client’s assignment and/or licence acquisition constitutes acceptance of these Terms and Conditions. Special provisions are binding only when agreed in writing. Bannerwise expressly rejects conflicting client conditions. Where an agreement conflicts with these Terms, the agreement prevails. If any provision is nullified, the remaining provisions remain in force, and the parties will consult on a replacement provision. These Terms supersede all previously applicable terms.

Article 2 Definitions

Account means the primary means for accessing Bannerwise Services, subject to the Fee and selected Plan. Add-Ons are integrations, applications and other add-ons used with the Services. Agreement means the agreement between Bannerwise and the User. Authorized Users are Customer employees and contractors acting for Customer’s benefit. Customer Data means files and digital information submitted to the Services. Plan means the criteria related to use and functionality of the Bannerwise Services. Service means the content, features, functionality, tools, data, software applications and APIs provided by Bannerwise. Terms and Conditions means these terms.

Article 3 Use of the Service

To use the Service, Customers and Authorized Users must establish an Account. The Service is intended only for persons aged 18 or older. Registration information must be true, accurate and kept up to date. You are responsible for your username and password security. Accounts are granted to specific Customers and must not be shared. Bannerwise may block, cancel or remove an Account if these Terms are not followed. Subject to this Agreement, Bannerwise grants a limited, revocable, non-exclusive, non-assignable and non-sublicensable right to access and use the Service in accordance with applicable law.

Article 4 User content

By using the Service, you grant Bannerwise a worldwide, irrevocable, non-exclusive, royalty-free licence to use User Content you upload or post to operate the Service. You remain responsible for ensuring that your User Content does not infringe copyrights, trademarks, privacy rights, applicable laws or these Terms. Bannerwise does not claim ownership of User Content, but may review, edit or remove content to enforce these Terms. You are responsible for backing up User Content.

Article 5 Subscription Term, Fees, Payment method & Payment

Unless otherwise agreed in writing, use of the Service is for a fixed twelve-month term and renews automatically for successive twelve-month periods unless either party gives two months’ written notice before expiry. Fees may include subscription and hosting fees. Customers are responsible for applicable taxes and for providing valid payment information. Bannerwise may modify prices or discontinue Services with notice, and may recover costs arising from non-payment or late payment.

Article 6 Upgrading and downgrading

Customers may upgrade or downgrade a Plan at any time. Changes take effect immediately and may cause a change in fees, available features, capacity or Customer Data. No refunds are made in relation to a downgrade during the Subscription Period.

Article 7 Intellectual Property Rights

Materials accessible on the Service are protected by intellectual property rights and are owned by or licensed to Bannerwise. Nothing in these Terms grants a licence or right to use Materials except as expressly permitted. Bannerwise retains all proprietary rights to the Service and associated intellectual property.

Article 8 Privacy and Security

Bannerwise is committed to protecting privacy and security. Personal data is processed in accordance with the Privacy Policy, which is incorporated into these Terms by reference.

Article 9 Disclaimers of warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. BANNERWISE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, SECURE, FREE FROM HARMFUL COMPONENTS, OR SUITABLE FOR A PARTICULAR PURPOSE.

Article 10 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BANNERWISE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICE. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID IN THE LAST TERM FOR ACCESSING THE SERVICE, AND IN NO EVENT EXCEED ONE THOUSAND EURO (€1000.00).

Article 11 Third Party Links

The Service may contain links to independent Third-Party Services. They are provided solely as a convenience and are not under Bannerwise’s control. Your use of Third-Party Services may be subject to their own terms and privacy policies.

Article 12 Termination

Bannerwise may suspend or terminate access to the Service without notice for breach of these Terms. You may terminate access at any time. Termination does not relieve you of payment obligations or other obligations that arose before termination.

Article 13 Applicable law and competent court

These Terms and Conditions, the Agreement and use of the Service are governed by the laws of the Netherlands. Disputes will be exclusively settled by the competent court in the district of Amsterdam, unless mandatory law provides otherwise.

Article 14 Miscellaneous

Terms intended to survive termination shall survive. These Terms constitute the final and complete agreement between the Parties regarding their subject matter. Bannerwise may transfer, sub-contract or otherwise deal with its rights and obligations without notice; you may not do so without consent.