Terms of Service

By accessing or using the Service you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and that you have the authority to enter into these Terms, whether on your own behalf or on behalf of an organization. If you are using the Service for an organization, "you" refers to that organization, and you represent that you are authorized to bind it to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We may update these Terms from time to time as described in Section 14.

Smart App Banner provides a hosted platform for mobile growth and measurement, including smart app banners, deep links and deferred deep links, campaign tracking and attribution, and web push notifications, delivered through a lightweight script, dashboard, and APIs.

We are continually improving the Service and may add, modify, or remove features at our discretion. Where a change materially reduces the core functionality of a paid plan, we will use reasonable efforts to notify you in advance.

• You must provide accurate, current, and complete information when creating an account and keep it up to date.
• You are responsible for safeguarding your credentials and API keys, and for all activity that occurs under your account.
• You must notify us promptly at the contact address below if you suspect any unauthorized access or security breach.
• You may not share accounts, resell access, or permit use of your account in a way that circumvents plan limits.

You agree not to, and not to permit any third party to:

• use the Service to distribute malware, spyware, or other malicious code, or to conduct phishing, fraud, or deceptive practices;
• send notifications or links that are unlawful, harassing, defamatory, infringing, or that violate any applicable communications or marketing laws;
• infringe the intellectual property, privacy, or other rights of any person;
• attempt to gain unauthorized access to the Service, probe or scan its systems, or interfere with its integrity or performance;
• reverse engineer, decompile, or attempt to extract the source code of the Service except to the extent expressly permitted by law; or
• use the Service to build a competing product or to benchmark it for a competitor.

We may investigate suspected violations and may suspend or terminate access to protect the Service, our users, or third parties.

You retain all rights to the data, configurations, creative assets, and other materials you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely as necessary to provide and improve the Service and as permitted by our Privacy Policy.

You are responsible for Your Content and for ensuring you have the necessary rights and lawful basis to collect and process any end-user data through the Service, including providing appropriate notices and obtaining consents.

• Paid plans are billed in advance on a recurring basis (monthly or annually) through our payment processor. By subscribing, you authorize recurring charges to your payment method.
• Plans renew automatically at the end of each billing cycle unless cancelled before the renewal date. You can upgrade, downgrade, or cancel at any time from your account.
• Downgrades and cancellations take effect at the end of the current billing period; you retain paid features until then.
• Fees are exclusive of taxes, and you are responsible for any applicable VAT, sales, or similar taxes.
• Except where required by law or expressly stated, fees are non-refundable and partial periods are not pro-rated.
• We may change pricing with at least 30 days notice; changes apply at your next renewal.

We may offer free tiers, trials, or features identified as "beta", "preview", or "experimental". These are provided for evaluation, may change or be discontinued at any time, and may be subject to additional terms. Beta features are provided without warranty and may have usage limits.

The Service, including its software, design, text, and trademarks, is owned by Cellusion Tech FZE and its licensors and is protected by intellectual property laws. Except for the rights expressly granted to you, we reserve all rights, title, and interest in and to the Service. You may not use our name or logos without prior written permission.

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

The Service may integrate with or link to third-party platforms (such as app stores, payment processors, and analytics providers). We are not responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

We strive to keep the Service available and performant, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, and we may impose reasonable rate limits or technical restrictions to protect the Service. Scheduled maintenance will be communicated where practicable.

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet your requirements or that attribution data will be complete or error-free.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 100.

You agree to indemnify and hold harmless Cellusion Tech FZE and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, or your breach of these Terms or applicable law.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal or security risk. Upon termination, your right to use the Service ceases, and we may delete Your Content in accordance with our Privacy Policy. Sections that by their nature should survive termination will survive.

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or an in-product notice, before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

These Terms are governed by the laws applicable at the registered seat of Cellusion Tech FZE, Dubai Silicon Oasis, Dubai, United Arab Emirates, without regard to conflict-of-law rules. The parties will attempt to resolve disputes in good faith; any unresolved dispute will be subject to the exclusive jurisdiction of the competent courts of that seat, except that either party may seek injunctive relief to protect its intellectual property or confidential information.

Questions about these Terms can be sent to our team at hello@smartappbanner.com, or by mail to Cellusion Tech FZE, Dubai Silicon Oasis, Dubai, United Arab Emirates.