Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Banners platform ("Service") provided by Ampersand Labs by Davide Morotti, Flüelastrasse 10, 8048 Zürich, Switzerland — UID CHE-497.974.362 ("Ampersand Labs", "we", "us"). By creating an account or otherwise using the Service, you ("Customer", "you") agree to be bound by these Terms.

1. The Service

Banners is a software-as-a-service platform that enables design teams and agencies to create, review, approve and deliver advertising banners and related creative assets. The Service is provided on a subscription or quoted-contract basis.

2. Accounts

To use the Service you must register an account with accurate information and keep your credentials confidential. You are responsible for all activity that occurs under your account. You must be at least 18 years old or otherwise have legal capacity to enter into a contract.

3. Customer Content

You retain all rights in the content you upload to the Service, including artwork, copy, logos, brand assets and feedback ("Customer Content"). You grant Ampersand Labs a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit and display Customer Content solely as necessary to operate and improve the Service.

You represent and warrant that you have all rights required to upload Customer Content and that it does not infringe third-party intellectual property, privacy or other rights, and does not violate applicable law.

4. Acceptable use

You agree not to:

• Use the Service for any unlawful, fraudulent, defamatory, or infringing purpose;
• Upload malware, attempt to gain unauthorised access, or interfere with the security or integrity of the Service;
• Reverse engineer, decompile or resell the Service without our prior written consent;
• Use the Service to send spam or unsolicited communications.

5. Fees and payment

Fees are set out in your quote, order form or subscription plan. Unless otherwise agreed in writing, invoices are payable within 14 days of issue. Prices are quoted excluding Swiss VAT, which is added where applicable. Late payments may incur statutory default interest.

6. Term and termination

These Terms apply for as long as you use the Service. Either party may terminate for material breach not cured within 30 days of written notice. We may suspend or terminate access immediately for non-payment, abuse, or actions that pose a security or legal risk. Upon termination you may request export of your Customer Content within 30 days; after this period we may delete it.

7. Intellectual property

The Service, including all software, design, documentation and trademarks, is and remains the property of Ampersand Labs and its licensors. No rights are granted other than the limited right to use the Service in accordance with these Terms.

8. Confidentiality

Each party shall keep confidential any non-public information disclosed by the other in connection with the Service and use it only for the purposes of performing under these Terms.

9. Warranties and disclaimers

We will provide the Service with reasonable care and skill. The Service is otherwise provided "as is" and we disclaim all other warranties, whether express or implied, to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, Ampersand Labs shall not be liable for any indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, data or goodwill. Our aggregate liability arising out of or related to the Service is limited to the fees paid by you to Ampersand Labs for the Service in the twelve (12) months preceding the event giving rise to the claim.

11. Data protection

Our processing of personal data is described in our Privacy Policy, which forms part of these Terms.

12. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. Material changes will be communicated by email or in-app notice at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Governing law and jurisdiction

These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for any dispute arising from or in connection with these Terms is Zurich, Switzerland.

14. Contact

Ampersand Labs by Davide Morotti
Flüelastrasse 10, 8048 Zürich, Switzerland
UID: CHE-497.974.362
Email: davide@ampersand.ch