Welcome to Banners All Over. These Terms of Service ("Terms" or "Agreement") are entered into by and between WHITE PIXEL SOLUTIONS LLC d/b/a Banners All Over ("BOA," "we," "us," or "our") and the entity or person placing an order for or accessing the Service ("Customer," "you," or "your"). These Terms govern your access to and use of the Banners All Over application (the "App" or "Service"), a Shopify application that enables merchants to create, manage, and display banners on their Shopify stores.
By installing, accessing, or using the Banners All Over app, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.
These Terms constitute a legally binding agreement between you and WHITE PIXEL SOLUTIONS LLC d/b/a Banners All Over. Please read them carefully.
To use Banners All Over, you must:
Your Banners All Over account is created and authenticated through the Shopify App Store. By installing our App, you authorize us to access certain information from your Shopify store as necessary to provide the Service. You are responsible for maintaining the security of your Shopify account credentials.
You are solely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach.
Banners All Over provides tools to create, customize, and display banners on your Shopify store. Features include but are not limited to:
Banners All Over is offered through four subscription tiers: Basic (Free), Standard, Pro, and Business. Each tier includes specific features, banner limits, and pricing options.
For detailed information about subscription tiers, features, pricing, billing cycles, and cancellation options, please see our Subscriptions and Refunds Policy or visit our Pricing page.
We strive to provide reliable service, but we do not guarantee that the Service will be uninterrupted, error-free, or completely secure. Service availability may be affected by factors including but not limited to maintenance, updates, or circumstances beyond our control.
All payments for Banners All Over subscriptions are processed through Shopify's billing system. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
For comprehensive information about billing, subscription management, payment processing, price changes, taxes, cancellations, and refunds, please see our Subscriptions and Refunds Policy.
You are solely responsible for all content you create, upload, or display using Banners All Over, including but not limited to images, text, videos, and product information (collectively, "User Content"). You represent and warrant that:
This includes any custom font files you upload to the Service. You are fully responsible for ensuring that you hold the appropriate licenses, rights, or permissions to use and distribute any fonts you upload. Banners All Over does not verify font licensing and assumes no liability for any unauthorized use of fonts uploaded by users.
You agree not to use Banners All Over to create, upload, or display content that:
You agree not to:
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service, including but not limited to advertising laws, consumer protection laws, and data protection regulations.
Banners All Over and the Service, including all software, features, functionality, designs, text, graphics, logos, and the selection and arrangement thereof, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business purposes in accordance with these Terms. This license does not include any right to:
You retain all ownership rights to your User Content. However, by using the Service, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purposes of:
This license terminates when you delete your User Content or close your account, except where we need to retain it for legal, security, or backup purposes as described in our Privacy Policy.
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a process for copyright holders to request the removal of content that infringes their rights.
We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement through our Service, please contact us with the following information:
Please send DMCA notices to our legal team. For contact details, see the Contact Information section.
We may introduce AI-powered features in the future, including but not limited to AI image generation, image enhancement, and text optimization. When these features become available, the following terms will apply:
You understand and agree that:
When AI features are implemented, we will provide clear disclosure about:
Keep in mind that the AI features were created as experimental tools to aid you, but they may not give you the exact results you anticipate, meet your expectations or improve your business outcomes.
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By installing Banners All Over, you authorize us to access certain data from your Shopify store as necessary to provide the Service. For detailed information about:
Please review our section Information We Collect in our Privacy Policy for more details.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may add, remove, or change features, functionality, or pricing. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.
For material changes to the Service or pricing, we will provide at least 30 days' advance notice through email or in-app notification. Your continued use of the Service after such changes constitutes acceptance of the modifications.
You may terminate your account at any time by uninstalling the App from your Shopify store. Termination does not relieve you of any obligations to pay outstanding fees.
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the Service immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
The Service may integrate with or link to third-party services (including Shopify). We are not responsible for and make no warranties regarding third-party services, their availability, accuracy, or compatibility with our Service.
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: natural disasters (such as earthquakes, floods, storms, or other extreme weather events); war, terrorism, riots, embargoes, or acts of civil or military authorities; fires, accidents, or pandemics; network infrastructure failures; strikes or labor disputes; or shortages of transportation, fuel, energy, labor, or materials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT LIABLE FOR:
The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless WHITE PIXEL SOLUTIONS LLC d/b/a Banners All Over, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.
Subject to the arbitration provisions below, you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New Mexico, United States, for the resolution of any disputes arising out of or relating to these Terms or the Service.
Before initiating any formal dispute resolution process, you agree to first contact us to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any disputes.
Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Banners All Over regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of WHITE PIXEL SOLUTIONS LLC.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section is void.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and WHITE PIXEL SOLUTIONS LLC d/b/a Banners All Over.
We may provide notices to you via email to the address associated with your Shopify account, through in-app notifications, or by posting on our website. You agree that such electronic communications satisfy any legal requirement that communications be in writing.
These Terms may be translated into other languages for your convenience. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or in-app notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.
If you are a consumer residing in the European Union, the following additional terms apply to you:
You have the right to withdraw from your subscription within 14 days of subscribing, without giving any reason, in accordance with the EU Consumer Rights Directive. To exercise your withdrawal right, you must inform us of your decision by a clear statement (e.g., email).
Nothing in these Terms affects your statutory rights as a consumer under EU law. Any terms that attempt to exclude or limit our liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation are void.
You may have statutory warranty rights under EU law that cannot be waived or limited by these Terms. These Terms do not affect those rights.
EU consumers have access to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
If you have any questions about these Terms, please see the contact information in our Privacy Policy.
For legal-specific inquiries, you can email us at whitepixel@whitepixelsolutions.com.
BY INSTALLING, ACCESSING, OR USING THE BANNERS ALL OVER APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.