Last Updated: March 29, 2025
IMPORTANT: BY ACCESSING OR USING ANY PART OF OUR WEBSITE OR SERVICES (“TOOL”), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT EVERY PROVISION OF THESE TERMS, DO NOT USE THE TOOL.
Smart Banner Hub LLC (“we,” “us,” or “our”) provides a self-service tool (“Tool”) that enables you to create banners. We do not monitor, review, or track your usage or the content you produce.
Once you export a banner, it is entirely your responsibility. You are responsible for ensuring you have the rights to any text, images, or designs used, and for complying with all applicable laws and regulations.
We do not pre-screen user-generated content, nor do we affirmatively monitor user activities. We are simply providing a platform. You assume all responsibility for how you use it.
Any material you create, upload, export, or otherwise transmit through the Tool (collectively, “User Content”) is entirely on you. If your User Content offends, infringes, is illegal, or causes any harm, you bear full responsibility.
You waive all claims against Smart Banner Hub LLC arising out of or related to any decision not to block, remove, or otherwise act on any User Content.
If you use protected materials without permission, break local laws, or violate third-party rights, that is your problem. We disclaim any liability, and you agree not to involve us in any dispute.
By using the Tool, you agree to indemnify, defend, and hold harmless Smart Banner Hub LLC (including our owners, employees, contractors, and agents) from all claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees and court costs) arising out of or related to:
You agree to promptly provide any information and assistance we reasonably request in defending any such claims or suits. We reserve the right to assume exclusive defense and control of any matter subject to indemnification; you remain responsible for covering all associated costs.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART BANNER HUB LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) RESULTING FROM OR RELATED TO YOUR USE OF THE TOOL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). IF YOUR BANNER CAUSES PROBLEMS (LEGAL, FINANCIAL, OR OTHERWISE), THAT IS ON YOU.
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
THE TOOL IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not guarantee that the Tool will be uninterrupted, error-free, secure, or meet your requirements. Any reliance you place on the completeness, accuracy, or utility of the Tool is strictly at your own risk.
We may provide banner sizes intended for third-party platforms such as LinkedIn, but we are not affiliated with, endorsed by, or in any way responsible for those platforms. Their rules, policies, bans, or downtimes do not concern us.
We do not guarantee your banner will meet any third-party requirements (quality, DPI, aspect ratio, or otherwise). If it fails or is removed, that is between you and them.
You agree not to use the Tool for any unlawful, harmful, or abusive purposes, including creating or distributing content that is illegal, harassing, defamatory, infringing, obscene, or otherwise objectionable. You also agree not to attempt to hack, exploit, or interfere with the Tool.
We reserve the right, in our sole discretion, to suspend or terminate your access to the Tool at any time and for any reason, including suspected violation of these Terms. However, we do not actively monitor your actions and disclaim any obligation to do so.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-law principles.
Any dispute arising from or related to these Terms or your use of the Tool shall be resolved exclusively in the state or federal courts located in Washington County, Oregon. You consent to personal jurisdiction in such courts.
If you choose to access the Tool from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, together with any applicable policies or disclaimers, constitute the entire agreement between you and Smart Banner Hub LLC regarding the Tool. No other communications or prior versions of the Terms have any force or effect once these Terms are in place.
We may modify these Terms at any time. If we do, we will post the revised Terms and update the “Last Updated” date above.
By continuing to use the Tool after any modification, you agree to be bound by the revised Terms. If you do not agree to the changes, discontinue use of the Tool immediately.
All payments are handled by third-party providers (e.g., Stripe, PayPal). You agree to abide by their terms of service. We are not responsible for payment issues, disputes, or errors caused by those third parties.
All sales are final. It is your responsibility to review previews and confirm your design before payment or export. We do not provide refunds for dissatisfaction with color, DPI, or any other aesthetic or functional issue.
You waive any right to file a chargeback or dispute with payment processors regarding services rendered. Any disputes must be addressed directly with the payment processor, and we are not liable for their decisions.
We do not store or analyze the specific content you create or upload beyond the operational necessity of generating a banner and processing your payment. If you submit personal or sensitive data, you do so at your own risk.
You acknowledge that Smart Banner Hub LLC is not acting as a data host or data processor as defined under data protection laws. Any name, email, or content you provide is temporarily processed in memory solely for the purpose of generating your banner and is not stored or retained after the session. We do not offer any guarantees regarding long-term retention, security, or compliance with data privacy regulations. You are solely responsible for complying with any applicable privacy or data protection obligations related to your use of the Tool.
We do not condone or knowingly permit any illegal acts, including but not limited to distributing illegal images, engaging in terror-related activities, or violating other federal, state, or international laws. You agree that if you engage in such behavior, it is entirely your own responsibility and liability.
Use of the Tool does not create any partnership, joint venture, employment, or agency relationship between you and Smart Banner Hub LLC. You are an independent user, and we are a service provider, nothing more.