Terms of Use

1. Introduction

These Terms of Use (the "Terms", or "Regulamin" as required under Polish law) govern your access to and use of iBannerly (the "Service"). By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. These Terms are provided free of charge and can be accessed, saved, and printed at any time from this page, in accordance with Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

2. Who we are

The Service is provided by Geofrey Zellah, a natural person operating iBannerly as an unregistered activity (działalność nierejestrowana) under Polish law (the "Provider", "we", "us"). Contact: geofrey@ibannerly.com. Correspondence address: Zagórze 2a, 05-092 Sadowa, Poland.

If the activity is later registered as a business, this section will be updated with the business's registration details.

3. Definitions

• Service — the iBannerly web application, including the banner editor, hosting of published creatives, client-review tools, and related features.
• Account — the registered profile you use to access the Service.
• Content — any image, text, data, feed, or other material you upload to or create within the Service.
• Consumer — a natural person using the Service for purposes not directly related to their business or professional activity, within the meaning of Article 22¹ of the Polish Civil Code.
• Business User — any user who is not a Consumer, including sole traders acting in a professional capacity and companies.

4. Eligibility and your account

To use the Service you must:

• Be at least 16 years old, or have the consent of a parent or legal guardian where required by local law.
• Provide accurate registration information and keep it up to date.
• Keep your login credentials confidential and notify us promptly of any unauthorized use of your account.
• Use the account you registered — accounts are personal (or, for a team plan, limited to the members you add) and may not be shared beyond that.

5. The Service

iBannerly lets you create interactive HTML5 image banners, resize them for multiple ad formats, connect product feeds, and share creatives with clients for review and approval.

We may add, change, or remove features over time. We will give reasonable notice before removing a feature you actively rely on, except where immediate changes are required for security, legal, or operational reasons.

6. Plans, fees, and billing

• The Service is offered under Free, Pro, and Agency plans (and any other plan we publish). Current pricing and features are shown in the Service or on request.
• Fees are exclusive of applicable taxes (including Polish VAT) unless stated otherwise; taxes are added at checkout where applicable.
• Paid subscriptions renew automatically for the same period unless cancelled before the renewal date. You can cancel anytime from your account settings; cancellation takes effect at the end of the current billing period.
• We will notify you at least 30 days before any price increase takes effect on your subscription; continuing to use the Service after that date constitutes acceptance of the new price, and you may cancel before it applies.
• Right of withdrawal (Consumers only): if you are a Consumer, you have the right to withdraw from a paid subscription within 14 days of purchase without giving a reason, under the Polish Act of 30 May 2014 on Consumer Rights. Because the Service is digital content delivered immediately on payment, this right is lost once we begin performance at your explicit request and acknowledgment that you lose the right of withdrawal — which you confirm at checkout.

7. Acceptable use

When using the Service, you agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Upload Content that infringes someone else's intellectual property, privacy, or other rights.
• Upload malware, or attempt to probe, scan, or breach the security of the Service.
• Overload, disrupt, or interfere with the Service's infrastructure or other users' access to it.
• Use the Service to create creatives that are deceptive, fraudulent, or that impersonate another person or organization.
• Resell or sublicense access to the Service, except where a plan explicitly permits it (e.g. an agency plan managing client sub-accounts).

8. Your content

You retain all ownership rights in the Content you upload. We claim no ownership over it.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your Content solely as necessary to operate the Service (for example, to render your banners, generate exports, and enable client review). This license ends when you delete the Content or close your account, except for backup copies retained for a limited period as described in our Privacy Policy.

You are solely responsible for your Content and for having the necessary rights to upload and use it (including any images, fonts, product data, or trademarks it contains).

9. Our intellectual property

The Service itself — its software, design, logos, and trademarks — is owned by us or our licensors and is protected by copyright and other intellectual property laws. These Terms do not grant you any right to use our branding except as needed to operate creatives you have published through the Service.

10. Third-party services

The Service may integrate with third-party platforms you choose to connect (e.g. ad servers, product feed sources, analytics providers). Your use of those platforms is governed by their own terms; we are not responsible for third-party services we do not control.

11. Suspension and termination

• You may stop using the Service and close your account at any time from account settings, or by contacting us.
• We may suspend or terminate your access if you materially breach these Terms (including the Acceptable Use section) and do not remedy the breach after being notified, or immediately in cases of serious misuse, fraud, or legal requirement.
• On termination, your right to use the Service ends. We handle any remaining Content in line with our Privacy Policy's retention periods, after which it is deleted.

12. Warranties and disclaimers

We provide the Service on an "as is" and "as available" basis and aim for high reliability, but we do not warrant that the Service will be uninterrupted or error-free. Nothing in this section limits any statutory warranty or guarantee that cannot be excluded under Polish or EU consumer protection law, including statutory warranty for defects (rękojmia) available to Consumers.

13. Limitation of liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intentional misconduct, gross negligence, or death or personal injury caused by our negligence, or any mandatory protection afforded to Consumers under Polish law.

14. Complaints (reklamacje)

If you are unhappy with the Service, you can file a complaint at contact@ibannerly.com, describing the issue and what resolution you're seeking. We will acknowledge and respond within 14 calendar days, as required for Consumers under Polish law.

15. Dispute resolution

If you are a Consumer resident in the EU, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve a dispute out of court. Using this platform does not affect your right to bring a claim before a court.

16. Governing law and jurisdiction

These Terms are governed by the laws of Poland, without prejudice to any mandatory consumer-protection provisions of the country where you, as a Consumer, habitually reside, which continue to apply under Regulation (EC) No 593/2008 (Rome I). Disputes not resolved amicably or through the platforms above are subject to the jurisdiction of the competent Polish courts, or, for Consumers, the courts of their place of residence where required by law.

17. Changes to these Terms

We may update these Terms to reflect changes to the Service or legal requirements. We will post the updated version here with a new effective date and, for material changes, notify active subscribers in advance. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms can be sent to contact@ibannerly.com.