Smart Banner Hub LLC – Terms of Service

Last Updated: July 10, 2025

IMPORTANT: BY ACCESSING OR USING ANY PART OF OUR WEBSITE OR SERVICES ("PLATFORM"), INCLUDING 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.

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 and Handwriting Studio, generate banners, and send ecards. Our services include both instant-access tools and order-based animation generation.

1.2 Animation Studios

Our Typography Studio and Handwriting Studio services involve order processing, temporary data storage, and download access periods. When you purchase an animation, you receive access to a unique order page where you can download your custom animations.

1.3 Data Storage and Access

Animation orders and generated content are stored temporarily in our systems (24 hours for single purchases, 30 days for pro packages when available). After these periods, all data is automatically purged. You are responsible for downloading your animations within the applicable timeframe.

2. Your Content, Your Liability

2.1 User-Generated Content

Any material you create, upload, generate, or otherwise transmit through the Platform (collectively, "User Content") is entirely your responsibility. This includes 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 responsibility.

2.2 Animation Content Responsibility

You are solely responsible for all content created in our Studios, including text, drawings, and any resulting animations. Once generated and during the access period, you remain fully liable for how these animations are used, shared, or distributed.

2.3 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, or otherwise act on any User Content or generated animations.

3. Order Processing and Access

3.1 Animation Orders

When you purchase animations through our Studios, we process your order and provide a unique access link. This link allows you to download your custom animations during the specified access period (24 hours for single purchases, 30 days for pro packages).

3.2 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 deleted after the specified timeframe.

3.3 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.

4. Future Service Expansions

4.1 Upcoming Features

We may implement user accounts, tiered subscription plans, pro packages, analytics services, and advertising features. When these services launch, additional terms may apply, and we will provide appropriate notice.

4.2 Service Evolution

As our Platform evolves to include user account functionality and subscription services, these Terms will be updated accordingly. Continued use of new features constitutes acceptance of updated terms.

5. Indemnification – You Cover Our Back

5.1 You Bear All Consequences

By using the Platform, 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:

6. Disclaimer of All Liability

6.1 No Liability for Damages

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 PLATFORM, INCLUDING BUT NOT LIMITED TO DATA LOSS AFTER ACCESS PERIOD EXPIRATION, FAILED DOWNLOADS, OR ANIMATION GENERATION ISSUES.

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. WE DO NOT GUARANTEE CONTINUOUS ACCESS, DATA RETENTION BEYOND SPECIFIED PERIODS, OR ANIMATION GENERATION SUCCESS RATES.

8. Payment and Refunds

8.1 Payment Processors

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.

8.2 No Refunds

All sales are final. Animation orders are processed immediately upon payment, and access links are provided instantly. We do not provide refunds for:

9. Data and Privacy

9.1 Temporary Data Storage

For animation services, we temporarily store your order data, generated animations, and access information for the specified periods (24 hours for single purchases, 30 days for pro packages). This storage is essential for providing download access. See our Privacy Policy for detailed information.

9.2 Data Deletion

All animation data is automatically and permanently deleted after the access period expires. We provide no backup, recovery, or data retention services beyond the specified timeframes.

10. Prohibited Uses

10.1 Illegal or Abusive Activities

You agree not to use the Platform for any unlawful, harmful, or abusive purposes, including creating or distributing content that is illegal, harassing, defamatory, infringing, obscene, or otherwise objectionable. This applies to animations, banners, and ecards.

10.2 Access Link Abuse

You may not share, sell, or distribute your order access links. You may not attempt to extend access periods through technical means or circumvent our data deletion policies.

11. Third-Party Service Dependencies

11.1 Service Dependencies

Our services depend on third-party providers including payment processors, email services, cloud storage, and content delivery networks. These services may experience outages or changes that affect our Platform functionality.

11.2 Future Analytics and Advertising

We may implement Google Analytics, advertising services, and other third-party tools. When activated, appropriate privacy controls and opt-out mechanisms will be provided.

12. Ecard Services

12.1 Storage and Deletion

For ecards, we temporarily store your messages, recipient names, email addresses, and sender information for up to 30 days to enable delivery and viewing. After 30 days, all data is automatically deleted.

12.2 Email Delivery

We use third-party services to deliver ecard emails. We do not guarantee delivery and are not liable for delivery failures or related consequences.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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.

13.2 Venue

Any dispute arising from or related to these Terms or your use of the Platform shall be resolved exclusively in the state or federal courts located in Washington County, Oregon.

14. Modifications to These Terms

14.1 Right to Update

We may modify these Terms at any time, especially as we implement new features like user accounts and subscription services. Modified Terms will be posted with an updated "Last Updated" date.

14.2 Acceptance of Modifications

By continuing to use the Platform after any modification, you agree to be bound by the revised Terms.

15. Severability and Entire Agreement

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Smart Banner Hub LLC regarding the Platform.

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