Terms of Service

1. The agreement

These Terms of Service (“Terms”) govern your use of the Banner Buddy web application at bannerbuddy.app, its API, the MCP connector and related services (the “Service”), provided by SkratchAds (“SkratchAds”, “we”, “us”). If you use the Service on behalf of a company, you confirm you have authority to bind it, and “you” means that company. Our Privacy Policy explains how we handle data and forms part of these Terms.

2. Accounts and approval

• You must be at least 18 and provide accurate account information, and keep it up to date.
• We may review any account, hold a new account for review before it can generate creatives or subscribe to a paid plan, and decline, limit or suspend an account at our discretion, for example where the intended use conflicts with these Terms.
• You are responsible for everything done under your account and for keeping your password and API keys confidential. Tell us right away if you suspect unauthorized use.
• One person per login. Team seats and shared workspaces are available on Business and Enterprise plans.

3. Plans, credits and payment

Credits. A credit is one generated image. Research, editing in the web editor and exports do not use credits.

• Trial accounts receive a one-time grant of credits for evaluation and pilot campaigns.
• Paid plans include a monthly credit allowance that is reset at the start of each billing period. Unused plan credits do not carry over.
• Top-up credits bought separately stay on your account for 12 months and are not removed when you change or cancel a plan.
• Credits have no cash value, cannot be transferred, and are not refundable except as stated below or where required by law.

Billing. Paid plans are billed in advance, monthly or yearly, by card through Stripe. Prices are in US dollars and exclude applicable taxes, which are added at checkout where we are required to collect them. You authorize us to charge your payment method for recurring fees and any top-ups you buy.

Changes and cancellation. You can change plan, update your card or cancel at any time from Plan & billing. Cancellation takes effect at the end of the current billing period; you keep access, and any credits already paid for, until then. Upgrades are prorated. Downgrades take effect at the next renewal and never remove credits you have paid for.

Refunds. Fees are non-refundable except where we fail to provide the Service for an extended period due to our fault, or where consumer law requires a refund. If a payment fails we will retry it and notify you; if it remains unpaid we may pause generation until it is settled.

Price changes. We may change prices with at least 30 days’ notice by email. Changes apply from your next renewal after the notice period.

4. Your content and generated creatives

• You own the briefs, brand assets and other material you upload ("Your Content"). You grant us a license to host, process and display it only as needed to provide the Service to you.
• You confirm you have the rights to use Your Content, including any logos, trademarks, prizes and claims, and that your campaigns comply with advertising, sweepstakes and promotion laws in every place they run.
• Creatives generated on Pro, Business and Enterprise plans are yours to use commercially, without attribution, as between you and SkratchAds. Creatives generated on a Trial account are licensed for evaluation and pilot campaigns only.
• You are responsible for prize fulfilment, official rules, eligibility and any registration or bonding that a promotion requires. Banner Buddy produces the creative; it does not run or administer your promotion.
• We may use aggregated, de-identified usage data to improve the Service. We will not showcase your campaigns publicly without your permission.

5. Acceptable use

You agree not to use the Service to:

• Create ads that are deceptive, that promise prizes you will not award, or that violate sweepstakes, lottery, gambling, consumer protection or advertising laws.
• Infringe anyone's intellectual property, publicity or privacy rights, including by uploading logos or likenesses you are not allowed to use.
• Generate sexual, violent, hateful or harassing material, or content aimed at or exploiting minors.
• Promote illegal products or activities, or regulated products where the campaign does not meet the applicable rules.
• Probe, scrape, overload or interfere with the Service, bypass credit limits, share accounts, or resell access without an agreement with us.
• Reverse engineer the Service or use it to build a competing product.

6. API keys and the MCP connector

You can let AI agents and other software act on your account through API keys and the MCP connector. Anything done with your key counts as done by you, including credit use. Keep keys secret, rotate them if exposed, and only connect agents you control or trust. We may rate-limit or revoke keys to protect the Service.

7. AI output

Research and images are produced by AI models and may be inaccurate, incomplete, or similar to output produced for others. You must review every creative before it runs in paid media and are solely responsible for its content, claims and compliance. We do not guarantee that generated output is free of third-party rights, and you should not rely on it for legal, financial or regulatory conclusions.

8. Our intellectual property

The Service, including its software, templates, scratch-to-win mechanics, interface, documentation and the SkratchAds and Banner Buddy names and marks, belongs to SkratchAds and its licensors. These Terms do not transfer any of it to you beyond the limited right to use the Service. Feedback you give us may be used without obligation to you.

9. Suspension and termination

• You may close your account at any time from Settings or by emailing us. Fees already paid are not refunded except as set out in section 3.
• We may suspend or terminate an account that breaches these Terms, creates legal or security risk, or has not paid. Where practical we will warn you first and give you a chance to fix the problem.
• After closure you can request an export of your campaigns for 30 days; after that we delete them under our Privacy Policy. Sections that by their nature should survive (payment, content licenses, disclaimers, liability, disputes) continue to apply.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, SKRATCHADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CAMPAIGN WILL ACHIEVE PARTICULAR RESULTS.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SKRATCHADS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD, OR US$100 IF YOU PAID NOTHING. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT FULLY APPLY TO YOU.

12. Indemnity

You will defend and indemnify SkratchAds and its officers, employees and contractors against claims, damages and costs (including reasonable legal fees) arising from Your Content, your campaigns and promotions, your use of the Service, or your breach of these Terms.

13. Governing law and disputes

These Terms are governed by the laws of the State of South Dakota, USA, without regard to conflict-of-law rules. Before filing a claim, each side agrees to contact the other and try in good faith to resolve the dispute within 30 days. Any claim that is not resolved will be brought in the state or federal courts located in Pennington County, South Dakota, and both sides consent to their jurisdiction. Either side may seek injunctive relief in any court to protect its intellectual property. Each side waives any right to a jury trial and to participate in a class action, to the extent the law allows.

14. General

• These Terms, the Privacy Policy and any order form or Enterprise agreement are the entire agreement between us about the Service. If an Enterprise agreement conflicts with these Terms, the Enterprise agreement wins.
• We may update these Terms. We will post the new version here and, for material changes, email account holders at least 14 days before they take effect. Continued use after that date is acceptance.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Neither side is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Notices to you go to the email on your account; notices to us go to the address below.

15. Contact

SkratchAds
514 Americas Way, PMB 25025, Box Elder, SD 57719-7600, USA
contact@skratchads.com