Smart Banner Hub LLC – Terms of Service

Last Updated: September 28, 2025

IMPORTANT: BY ACCESSING OR USING ANY PART OF OUR WEBSITE OR SERVICES ("PLATFORM"), INCLUDING PORTRAIT STUDIO, ANIMATION STUDIOS, BANNER CREATION, AND ECARD SERVICES, 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 PLATFORM.

SPECIAL NOTICE FOR IMAGE UPLOADS: BY UPLOADING ANY IMAGE TO OUR SERVICES, YOU ACCEPT FULL LEGAL RESPONSIBILITY FOR THAT CONTENT AND WAIVE ALL CLAIMS AGAINST SMART BANNER HUB LLC.

1. Service Overview

1.1 Platform Services

Smart Banner Hub LLC ("we," "us," or "our") provides a creative platform ("Platform") that enables you to create custom animations through our Typography Studio, Handwriting Studio, and Portrait Studio, generate banners, and send ecards. Our services include both instant-access tools and order-based animation generation.

1.2 Portrait Studio and Image Processing

Our Portrait Studio service allows you to upload images (up to 10MB, common formats like JPEG, PNG, GIF, WebP) to create mathematical animations. The process involves:

Important: For best results, use high-contrast images with dramatic lighting. Results vary based on image lighting, contrast, and detail complexity. By uploading any image, you acknowledge that our service performs automated processing without human review, and you accept all risks associated with uploading personal content to an online service.

1.3 Data Storage and Access

Portrait Studio animations (MP4 files) and associated order data are stored temporarily in our systems for 24 hours. Text-based animation orders are stored for 24 hours (single purchase) or 30 days (pro packages when available). After these periods, all data is automatically and irreversibly purged. You are solely responsible for downloading your animations within the applicable timeframe.

2. USER-UPLOADED IMAGES – CRITICAL TERMS

2.1 YOU BEAR ALL RESPONSIBILITY FOR UPLOADED IMAGES

BY UPLOADING ANY IMAGE TO OUR PLATFORM, YOU REPRESENT, WARRANT, AND AGREE THAT:

2.2 Prohibited Image Content

You may NOT upload images containing:

LEGAL WARNING: Uploading prohibited content may result in immediate service termination and reporting to appropriate authorities, including law enforcement.

2.3 Image Processing Disclaimers

NO HUMAN REVIEW: Uploaded images are processed entirely by automated algorithms without human review. We do not and cannot verify the appropriateness, ownership, or legality of uploaded content.

NO CONTENT MODERATION: We do not pre-screen, monitor, or moderate uploaded images. You are solely responsible for ensuring your uploads comply with these Terms and all applicable laws.

NO LIABILITY FOR IMAGE PROCESSING: We are not liable for how our algorithms process your images, including any distortions, color changes, or unexpected results in the generated animations.

ORIGINAL IMAGE DELETION: Your original uploaded image is converted to point cloud data and immediately discarded. We only retain the generated MP4 animation for 24 hours.

NO DUTY TO MONITOR BUT RIGHT TO ACT: While we do not monitor uploaded content, we reserve the right to remove content and terminate accounts if violations come to our attention through user reports, legal notices, or other means. If we become aware of CSAM or other illegal content requiring legal reporting, we will comply with all applicable reporting obligations and cooperate with law enforcement authorities.

2.4 Complete Waiver of Claims

By uploading any image, you expressly waive and release Smart Banner Hub LLC from any and all claims, damages, or liabilities arising from or related to:

3. Your Content, Your Liability

3.1 User-Generated Content

Any material you create, upload, generate, or otherwise transmit through the Platform (collectively, "User Content") is entirely your responsibility. This includes uploaded images, animation text, drawings, banner content, ecard messages, recipient information, and anything else you input. If your User Content offends, infringes, is illegal, or causes any harm, you bear full and exclusive responsibility.

3.2 License Grant for Processing

By uploading content, you grant us a limited, non-exclusive, worldwide license solely to process your content for the requested services and deliver the resulting animations. This license automatically terminates when your content is deleted from our systems.

3.3 No Claims Against Us

You waive all claims against Smart Banner Hub LLC arising out of or related to any decision not to block, remove, screen, or otherwise act on any User Content or generated animations.

4. COMPREHENSIVE INDEMNIFICATION

4.1 Complete Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Smart Banner Hub LLC, its owners, officers, directors, employees, agents, licensors, and service providers from and against ANY AND ALL claims, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including attorney's fees and court costs) arising from or related to:

5. Order Processing and Access

5.1 Animation Orders

When you purchase animations through our Studios, we process your order and provide a unique access link. For Portrait Studio:

For text-based animations, the process is similar but with text input instead of images.

5.2 Access Period Responsibility

You are responsible for downloading your animations within the applicable access period. We provide no extensions, recovery options, or re-generation services after the access period expires. All data is permanently and irreversibly deleted after the specified timeframe.

5.3 Link Security

Your order access link is unique and should be kept secure. Anyone with access to this link can download your animations during the access period. You are responsible for maintaining the confidentiality of your order links and bear all consequences of shared or compromised links.

6. DISCLAIMER OF ALL LIABILITY

6.1 No Liability for Any Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART BANNER HUB LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PRIVACY, OR OTHER INTANGIBLE LOSSES) RESULTING FROM OR RELATED TO:

6.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR $10, WHICHEVER IS LESS.

7. "AS IS" and "AS AVAILABLE" – NO WARRANTIES

7.1 No Guarantees

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES REGARDING:

8. Payment and Refunds

8.1 Payment Processing

All payments are handled by third-party payment processors. You agree to abide by their terms of service. We are not responsible for payment issues, disputes, or errors caused by those third parties.

8.2 Absolutely No Refunds

ALL SALES ARE FINAL. Animation orders are processed immediately upon payment, and image processing begins instantly. We do not provide refunds under any circumstances, including but not limited to:

9. Google Analytics and Privacy

9.1 Analytics Data Collection

We use Google Analytics to collect aggregated data about website usage, including pages visited, time spent, browser information, user interactions with features, and general geographic location. This helps us improve our services. You may opt out using browser settings or Google's opt-out tools.

9.2 No Analytics on Uploaded Images

Google Analytics does not have access to or collect data about your uploaded images. Image processing occurs separately from analytics tracking.

10. Prohibited Uses

10.1 Illegal or Abusive Activities

You agree not to use the Platform for any unlawful, harmful, or abusive purposes. Violations may result in immediate termination of service and reporting to law enforcement.

10.2 Automated Access

You may not use bots, scrapers, or automated tools to access the Platform or attempt to download other users' content.

11. COPYRIGHT INFRINGEMENT AND DMCA POLICY

11.1 Nature of Our Service

Smart Banner Hub LLC provides tools for users to create animations from their own uploaded content. We do not host a public gallery or sharing platform. Generated animations are accessible only via private links to the purchasing user and are automatically deleted from our systems after 24 hours. Once downloaded, users are solely responsible for their use and distribution of the animations.

11.2 DMCA Compliance

While our limited access model and automatic deletion significantly reduce copyright concerns, we respect intellectual property rights and maintain DMCA compliance. If you believe someone has used your copyrighted work to create an animation through our service, contact us at [email protected].

11.3 Important Limitations

Please understand:

11.4 What We CAN Do

If we receive a valid copyright complaint:

11.5 User Responsibility

Users are solely responsible for any copyright infringement in their downloaded animations. By using our service, users agree to indemnify us against any copyright claims arising from their uploads or their subsequent use of downloaded animations.

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Mandatory Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Oregon, not through court proceedings. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You waive your right to a jury trial. If you initiate any claim against us and do not prevail, you agree to pay all our costs and attorney's fees. Each party shall otherwise bear its own costs and attorney's fees, except as provided in Section 4 (Indemnification).

12.2 Class Action Waiver

You waive any right to bring claims as a class action or in a representative capacity.

13. Governing Law

These Terms shall be governed by the laws of the State of Oregon, without regard to conflict-of-law principles.

14. Modifications to These Terms

We may modify these Terms at any time. Modified Terms will be posted with an updated "Last Updated" date. Continued use after modifications constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Smart Banner Hub LLC regarding the Platform and supersede all prior agreements.

17. Age Requirements

You must be at least 13 years old to use our services. Users under 18 must have parental consent. By uploading images of minors, you warrant that you have proper legal authority.

18. Survival

The following sections shall survive any termination or expiration of these Terms and continue in full force and effect: Section 2.4 (Complete Waiver of Claims), Section 4 (Comprehensive Indemnification), Section 6 (Disclaimer of All Liability), Section 7 ("As Is" and "As Available"), Section 8.2 (Absolutely No Refunds), Section 11 (Copyright Infringement and DMCA Policy), Section 12 (Dispute Resolution and Arbitration), Section 13 (Governing Law), and this Section 18 (Survival). These provisions survive because they address matters that may arise after termination, including disputes about past use of our services.

19. Contact

For questions about these Terms: [email protected]

For copyright claims: [email protected]

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