Terms & Conditions of Use

Last Updated: 9/17/2025

These Terms & Conditions ("Terms," "Agreement") govern your use of TheBannerBuddy.com ("we," "our," or "us") and our products, including cookie consent banners, promotional banners, and related scripts (collectively, the "Products"). By purchasing, downloading, or using our Products, you ("you" or "your") agree to these Terms. Please read them carefully.

1. About BannerBuddy

TheBannerBuddy.com provides self-contained, copy-paste scripts for cookie consent banners, privacy notices, and promotional banners. Our Products:

  • Are sold as one-time purchases, not subscriptions.
  • Are customizable and free of branding, watermarks, or external CDN dependencies.
  • Are designed to help website owners provide transparency and user choice regarding cookies, tracking, and site notices.

Our Products are tools and do not in themselves guarantee compliance with privacy or data protection laws.

2. License

When you purchase a Product, you are granted a non-exclusive, non-transferable license to:

  • Copy, paste, and customize the code for your own websites.
  • Use the code on multiple websites you own or directly manage.

You may not:

  • Resell, redistribute, sublicense, or repackage our Products.
  • Claim ownership of our code.
  • Remove any copyright notices included in the code.

3. Payments and Refunds

  • Payments are processed securely through third-party providers (e.g., Gumroad, Stripe, PayPal).
  • Due to the digital nature of our Products, all sales are final and non-refundable. If you encounter issues, contact us at support@thebannerbuddy.com and we will assist where possible.

4. No Legal Guarantee

Our Products are technical tools only. They:

  • Do not constitute legal advice.
  • Do not guarantee compliance with GDPR, CCPA/CPRA, or any other privacy or consumer protection law.
  • May require additional configuration (e.g., in Google Tag Manager, or with your pixels/tags) to properly respect user choices.

You are solely responsible for ensuring your website complies with all applicable laws, regulations, and industry guidelines.

5. User Responsibilities

By using our Products, you agree that you are solely responsible for:

  • Configuring, customizing, and maintaining your implementation of the script(s).
  • Ensuring any third-party scripts (Google Analytics, Facebook Pixel, TikTok Pixel, LinkedIn Insight, X/Twitter Pixel, etc.) respect user consent.
  • Providing accurate and complete privacy and cookie disclosures on your website.
  • Maintaining any required records of consent (including enabling server-side logging, if applicable).
  • Handling all data subject rights requests (e.g., right to erasure under GDPR).

6. Third-Party Services

Our Products may integrate with third-party tools and platforms such as:

  • Google Tag Manager (Consent Mode, Analytics, Ads)
  • Facebook Pixel, TikTok Pixel, LinkedIn Insight Tag, X (Twitter) Pixel
  • Firebase Firestore (optional consent logging)

We do not control these third-party services and are not responsible for their data practices, performance, or compliance. You must review and accept their own terms and privacy policies separately.

7. Technical Disclaimer

Our Products are provided "as-is." We do not guarantee that:

  • They will function uninterrupted, error-free, or in combination with all systems.
  • They will ensure compliance with laws in your jurisdiction.
  • They will remain compatible with future changes in third-party platforms (e.g., Google, Facebook, TikTok).

8. Limitation of Liability

To the fullest extent permitted by law:

  • TheBannerBuddy.com shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits, compliance failures, or penalties.
  • Our total liability shall not exceed the purchase price you paid for the Product.
  • You assume full responsibility and risk for your use of our Products.

9. Indemnification

You agree to indemnify and hold harmless TheBannerBuddy.com, its owners, affiliates, and contractors from any claims, damages, or costs (including legal fees) arising from:

  • Your misuse of the Products,
  • Your violation of these Terms, or
  • Your noncompliance with applicable laws.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

Any disputes shall first be addressed through good-faith negotiation.

If unresolved, disputes shall be submitted to binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You waive the right to a jury trial or class action.

11. Force Majeure

We are not liable for delays or failures due to events outside our reasonable control, including acts of God, natural disasters, internet outages, strikes, or government actions.

12. Modifications

We may revise these Terms at any time. Updates will be posted with a new "Last Updated" date. Your continued use of our website or Products constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

14. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and TheBannerBuddy.com regarding the use of our Products.

15. Contact Us

If you have any questions about these Terms, please contact us at:

support@thebannerbuddy.com