These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Werkless V.O.F. ("Company", "Banandco", "we", "us", or "our"), concerning your access to and use of the https://www.banandco.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the Netherlands under registration number 90962028, and our registered office is at Peperstraat 6, 2611CH Delft. Banandco is a trade name of Werkless V.O.F. By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all these terms, then you are expressly prohibited from using the Banandco services and you must discontinue use immediately.

Additional terms or documents that may appear on the Site from time to time are incorporated herein by reference. We reserve the right to change these Terms of Service at our sole discretion. Updates will be indicated by the “Last updated” date on this document, and you waive any right to receive individual email notifications for each modification. It is your responsibility to review the Terms whenever you use our Site to ensure you understand the current conditions. By continuing to access or use the Site after changes are made, you agree to the revised Terms.

The information on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be illegal or require us to register in that jurisdiction or country. People who access the Site from other locations do so at their own risk and are responsible for complying with local laws, if applicable.

The Site is for users who are at least 18 years old. Persons under 18 are not allowed to use or register for the Site. If a customer provides inaccurate information (such as age) to use or register on the Site, Banandco is not responsible.

Banandco.com, owned and licensed by Werkless V.O.F., offers a digital content protection service. This anti-piracy service identifies and attempts to remove digital piracy content and copyright-infringing links from other websites. It provides international protection for digital intellectual property across the media, advertising, social media, publishing, and software industries. Customers can view their Banandco performance data via a personalised dashboard and report links with infringing content.

For the purposes of these terms of service:

• User: Any individuals or entities authorized by Banandco to access the Services as specified in the Order without a subscription.
• Business Day: Any day excluding Saturday, Sunday, or public holidays in the Netherlands when banks are operational.
• Confidential Information: Any proprietary or confidential information related to a party's business, know-how, activities, customers, clients, technical data, methodologies, computer programs, associated materials, customer lists, financial and business details, specifications, or suppliers. This also includes all dashboard content of Users and all communication between the User and Banandco employees.
• Contract: The agreement between Banandco and the Customer for the provision of Services as outlined in the Order and these Terms and Conditions.
• Customer: The entity or individual specified as the Customer in the Order.
• Customer Cause: Includes the following reasons: Any improper use, misuse, or unauthorized changes to the Software by the Customer. Any use of the Software by the Customer that is inconsistent with Banandco's instructions. The use of any hardware or software by the Customer that is not provided or approved by Banandco in relation to the Software.
• Effective Date: The date on which the Contract is established.
• Fees: The amounts payable by the Customer to Banandco for the Services, as specified in the Order.
• Order: The Customer's request for Services as detailed on the completed Banandco order form, whether submitted online or on paper.
• Product: The services ordered by the Customer and delivered by Banandco.
• Promoter: A special Customer with rights and obligations as defined in Article 5 of this agreement.
• Service Levels: The performance standards and response times detailed in the Schedule.
• Services: The anti-piracy services and self-service dashboard that Banandco provides to the Customer under the Contract, as detailed in the Order.
• Software: Any online applications or platforms provided by Banandco as part of the Services.
• Term: The period during which this Contract is in effect, as specified in the Order.

4.1. Headings in clauses and paragraphs do not influence the interpretation of this Contract.

4.2. "Person" refers to any individual, corporate, or unincorporated body, whether or not it has a separate legal identity.

4.3. Words in the singular include the plural, and words in the plural include the singular, unless the context dictates otherwise.

4.4. References to "writing" or "written" include emails.

4.5. Terms like “include” or “including” are understood to mean “without limitation.”

4.6. References to clauses are to those in these Terms and Conditions; references to paragraphs are to those in the Order.

Unless otherwise indicated, the Site and all its components such as source code, databases, features, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), and any trademarks, service marks, and logos (the “Marks”) displayed on the Site, are our exclusive property or licensed to us. These elements are safeguarded by copyright, trademark laws, and various other intellectual property laws and unfair competition laws in the United States and internationally. The Content and the Marks are presented on the Site “AS IS” solely for your personal information and use. Except as specifically allowed in these Terms of Service, no part of the Site, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without our prior written consent.

We are committed to protecting intellectual property rights and expect our users to uphold the same standards. By using our Services, you agree not to infringe on any intellectual property rights. We retain the right to, at our sole discretion and without prior notice, block access to our Services and/or terminate the accounts of any user or customer found to be infringing or suspected of infringing copyrights or other intellectual property rights. If Banandco suffers any direct or indirect loss or damage due to a customer's or user's infringement, the customer/user shall be liable to compensate Banandco's damage/loss.

When using the Site, you guarantee and affirm that:

• All the information you provide during registration will be accurate, truthful, up-to-date, and complete;
• You will promptly update your registration information to maintain its accuracy;
• You have the legal capacity and agree to comply with these Terms of Service;
• You are not considered a minor in your place of residence;
• You will not access the Site via automated means, including bots or scripts;
• You will not engage in any illegal or unauthorized activities on the Site;
• Your use of the Site will adhere to all applicable laws and regulations.

If you provide any false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny any current or future access to the Site (or any part thereof).

To use certain features of the Site, you may need to register. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. We reserve the right to remove, reclaim, or change any username you select if we determine, at our discretion, that it is inappropriate, offensive, or otherwise unacceptable.

The Promoter must prioritize Banandco's interests in all their business dealings and activities. Banandco may assign specific obligations to each Promoter, which will be communicated via email. These obligations are binding once notified and may vary for each Promoter.

Should the Promoter fully comply with the obligations set out in section 8.1, Banandco may offer benefits such as discounts on service fees (at Banandco's sole discretion) or free upgrades to their subscription plan.

Failure to meet the obligations will result in the cancellation of any benefits mentioned in section 8.2, and the Promoter will be liable to pay the necessary fees to Banandco.

Subscriptions are charged in advance based on the selected membership type and are processed through Paddle.com Inc., a payment infrastructure provider for software companies. For products that do not require a subscription, users make a one-time payment. Users have access to the product for the duration specified by Banandco on the Site. If the term is not renewed, Banandco will discontinue the service.

Access to some services via Paddle may require a purchase or fee. Paddle must ensure that all purchase and account information provided through Paddle.com is accurate, complete, and up-to-date. More details about payments can be found at https://www.paddle.com/about.

Prices listed on the Site do not include VAT; this fee is added to your purchase by Paddle.com. Banandco reserves the right to adjust prices at any time, with such changes reflected on the Site. Users may terminate the Agreement in writing or via email, free of charge, effective from the date the price change takes effect.

You agree to pay all charges at the rates in effect at the time of your purchase, and you authorize us to charge your selected payment method accordingly. For recurring charges, you consent to automatic billing until you cancel. We reserve the right to correct any pricing errors, even if payment has already been requested or received. Additionally, we may refuse any order placed through the Site.

The Agreement and your subscription to Banandco Services become active the moment you sign up on our website and remain in effect until terminated by either you or Banandco.

You can cancel your subscription at any time without prior notice. To cancel, you can click the “Cancel” button on the user billing page (www.banandco.com/billing), use the cancellation link sent by Paddle.com after your subscription, or request a cancellation link by emailing support@banandco.com.

Upon cancellation, you will retain access to the service until the end of your current billing period. Payments are non-refundable, and we do not offer refunds or credits for partial membership periods or unused content, as permitted by law. If Banandco determines that you have abused the cancellation and refund process, we reserve the right to block access to your account or terminate your account indefinitely at our discretion.

Banandco has a no-refund policy for one-time purchases and monthly subscriptions. If you cancel your monthly subscription, you will not be charged for the next billing period. Refund requests due to multiple subscriptions caused by user error will not be accepted by Banandco.

The Customer and Users must provide Banandco with all necessary cooperation and access to required information to facilitate the provision of Services. They must comply with all relevant laws and regulations regarding their activities under the Contract and fulfill all responsibilities outlined in the Contract promptly and efficiently. If the Customer or Users delay in providing the agreed assistance, Banandco may reasonably adjust any agreed-upon timelines or delivery schedules.

The Customer and Users guarantee that any content they report to Banandco, or for which they submit takedown or delisting notices using the Services, infringes on their intellectual property rights and that they have the authority to request its removal from the relevant Site (as defined in the Order).

The Customer and Users acknowledge that Banandco may conduct verification checks to confirm ownership of the content. These checks may include, but are not limited to, reviewing public databases, financial and company records, and requesting licenses or rights holder agreements directly from the Customer or Users.

The Customer and Users warrant that they either own the intellectual property rights to the content or have been expressly licensed to enforce these rights on behalf of the owner. The Customer and Users expressly authorise Banandco to issue takedown requests on their behalf. The Customer and Users agree to indemnify Banandco against all liabilities, costs, expenses, damages, and losses (including direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs on a full indemnity basis, along with any other reasonable professional costs and expenses) incurred by Banandco as a result of any breach of the Contract terms by the Customer or Users.

You may only access and use the Site for purposes authorized by us. The Site cannot be used for commercial purposes unless expressly approved by Banandco. Banandco reserves the right to deny services to users who have previously disputed with the site or whose content we find objectionable. As a user of the Site, you agree not to:

• Use the Site to advertise or offer to sell goods and services without our permission.
• Resell the service without our authorization.
• Use the Site to compete with us or for any revenue-generating endeavors or commercial enterprises.
• Engage in unauthorized framing of or linking to the Site.
• Use, display, mirror, or frame the Site or any individual element within it, including our trademarks, logos, or proprietary information, without our written consent.
• Collect usernames and email addresses for sending unsolicited emails or create accounts by automated means or under false pretenses.
• Post, upload, or transmit any content that is threatening, defamatory, abusive, harassing, fraudulent, invasive, or otherwise inappropriate.
• Disparage, tarnish, or otherwise harm us or the Site.
• Use information from the Site to harass, abuse, or harm another person.
• Harass, annoy, intimidate, or threaten any of our employees or agents providing the Site.
• Engage in automated collection of User Content or personal information.
• Systematically extract data or other content from the Site to create a collection, compilation, database, or directory without our written permission.
• Misrepresent your affiliation with any person or entity.
• Attempt to obtain login information or access another user's account.
• Impersonate another user or use their username.
• Trick, defraud, or mislead us and other users, especially in attempts to obtain sensitive account information such as passwords.
• Circumvent, disable, or interfere with the Site's security features, including those that prevent copying of Content or enforce limitations on the use of the Site.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the Site's functionality or users' enjoyment of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or use data mining, robots, or similar data gathering tools.
• Interfere with or disrupt the Site or its networks.
• Attempt to bypass any measures designed to restrict access to the Site.
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Decompile, disassemble, or reverse engineer any software part of the Site.
• Use a purchasing agent to make purchases on the Site.
• Upload or transmit any passive or active information collection mechanisms, including gifs, pixels, web bugs, cookies, or similar devices.
• Delete copyright or other proprietary rights notices from any Content.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use meta tags or hidden text using our trademarks, logos, URLs, or product names without our written consent.
• Engage in activities that could disable, overburden, or impair the Site's functionality, such as denial of service attacks or page rendering interference.
• Frequently send inaccurate takedown requests.
• Bully, intimidate, or harass any user.
• Encourage or enable any other individual to engage in any of the prohibited activities above.

Violation of any of these prohibitions can result in the suspension or termination of your account and legal action.

While the Site does not generally allow users to post content, you may be provided with opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This content can include text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). These Contributions may be visible to other users of the Site and through third-party websites. Therefore, any Contributions you provide will be managed according to our Site Privacy Policy. By creating or submitting Contributions, you represent and warrant that:

• You possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users to use your Contributions as described in these Terms of Service.
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights of any third party, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are free from unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other solicitation forms.
• Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
• You have obtained the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any laws concerning child pornography or intended to protect the health or well-being of minors.
• Your Contributions do not harass or threaten others and do not promote violence against any individual or group.
• Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Service or any applicable law or regulation.

Using the Site in any way that breaches these guidelines constitutes a violation of these Terms of Service and may result in the termination or suspension of your rights to use the Site.

By using the Site and providing any personal data or information, you agree that we may access, store, process, and utilize this data as outlined in our Privacy Policy and according to your preferences. When you provide suggestions or feedback about the Site, you grant us the right to use and share such feedback for any purpose without any compensation to you. Your Contributions remain your property, and you retain all ownership rights, including intellectual property rights. We do not claim any ownership over your Contributions. You are responsible for the content you post, and you agree not to hold us liable for any statements or representations made in your Contributions. You also agree to absolve us from any legal actions regarding your Contributions.

We may provide areas on the Site where you can leave reviews or ratings. When posting a review, you must adhere to the following guidelines:

• You must have firsthand experience with the entity being reviewed.
• Your reviews must not contain offensive language, including profanity, abusive, racist, or hateful remarks.
• Reviews should not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Reviews must not reference illegal activities.
• If you are affiliated with competitors, you should not post negative reviews.
• Do not make legal conclusions about the conduct.
• Avoid posting false or misleading statements.
• Do not organize campaigns encouraging others to post reviews.

We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to screen or delete reviews, even if they are objectionable or inaccurate. Reviews do not represent our opinions or those of our affiliates. We are not liable for any claims or losses resulting from reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, modify, translate, transmit, display, perform, and distribute your review content.

The Site allows you to link your account with third-party service provider accounts ("Third-Party Accounts") by either providing your login information or allowing us access. You must have the right to disclose your Third-Party Account login details and grant us access without breaching any terms governing the use of those accounts. By linking your accounts, you permit us to access, store, and make available content from your Third-Party Account, such as friend lists and other information, depending on your privacy settings. If a Third-Party Account becomes unavailable or access is terminated by the provider, the content may no longer be accessible on the Site. You can disable the connection between your Site account and Third-Party Accounts at any time. Your relationship with Third-Party service providers is governed solely by your agreements with them. We are not responsible for reviewing or managing any content from Third-Party Accounts for accuracy or legality. We may access your email address book and contact list for identifying contacts who are also Site users. You can deactivate the connection and request the deletion of information obtained through Third-Party Accounts by contacting us.

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site that you provide to us, “Submissions”, are considered non-confidential and will become our sole property. We will own all rights to these Submissions, including intellectual property rights, and can use and distribute them for any purpose without acknowledgment or compensation to you. By providing Submissions, you waive any moral rights and confirm that the Submissions are original or that you have the right to submit them. You agree that there will be no recourse against us for any alleged infringement of any proprietary rights in your Submissions.

The Site may contain links to external websites ("Third-Party Websites") and may display content such as articles, photos, graphics, videos, music, software, and other materials from third parties ("Third-Party Content"). We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or their content. Therefore, we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available through the Site, including their content, accuracy, opinions, reliability, privacy practices, or policies. The inclusion of links or Third-Party Content does not imply our endorsement. If you choose to access Third-Party Websites or use Third-Party Content, you do so at your own risk, and our Terms of Service no longer apply. Review the terms and policies of any external websites or applications you use or install from the Site. Purchases made through Third-Party Websites are solely between you and the third party, and we are not responsible for any such transactions. You agree that we do not endorse any products or services offered on Third-Party Websites and will not hold us liable for any harm resulting from your interactions with these sites. Additionally, you agree to indemnify us against any losses or harm arising from your use of Third-Party Content or websites.

Our services are classified as “commercial items” under Federal Acquisition Regulation (FAR) 2.101. For non-Department of Defense (DOD) agencies, our services are governed by FAR 12.212 (for software) and FAR 12.211 (for technical data). For DOD agencies, our services comply with Defense Federal Acquisition Regulation Supplement (DFARS) 227.7202-3, and DFARS 252.227-7015 applies to technical data. This clause supersedes any other FAR, DFARS, or similar provisions regarding government rights in software or technical data under these Terms of Service.

We reserve the right, but are not obligated, to:

• Monitor the Site for any violations of these Terms of Service.
• Take appropriate legal action against anyone violating the law or these Terms of Service, including reporting such users to law enforcement authorities.
• Restrict access to, limit the availability of, or disable any of your Contributions at our sole discretion, without notice or liability.
• Remove or disable any files or content from the Site that are excessive in size or burdensome to our systems.
• Manage the Site to protect our rights and property and ensure its proper functioning.

These actions help maintain the integrity and functionality of the Site, safeguarding our interests and those of our users.

We prioritize your data privacy and security. Please review our Privacy Policy at https://www.banandco.com/privacy-policy. By accessing and using the Site, you agree to adhere to our Privacy Policy, which is a part of these Terms of Service. Note that the Site is hosted in the United States. If you access the Site from a region with laws governing data collection, usage, or disclosure that differ from those in the United States, by continuing to use the Site, you consent to transferring and processing your data in the United States.

These Terms of Service are effective as long as you use the Site. WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, INCLUDING FOR VIOLATING ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. WE CAN TERMINATE YOUR USE OF THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT POSTED BY YOU AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If your account is terminated or suspended for any reason, you are forbidden from registering and creating a new account in your name, a fake name, or a third party's name, even if you act on behalf of the third party. We also reserve the right to pursue legal action, including civil, criminal, and injunctive relief, if necessary. We may also remove your account information or data from our services and any other records if your account is terminated.

If your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees paid to Banandco are nonrefundable and that any outstanding fees will become due immediately.

We reserve the right to change, modify, or remove content from the Site at any time, for any reason, at our sole discretion without notice. We are not obligated to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will always be available. There may be hardware, software, or other issues, or maintenance may be required, leading to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuation. Nothing in these Terms of Service obligates us to maintain and support the Site or to provide corrections, updates, or releases.

These Terms of Service are governed by and interpreted according to the laws of the Netherlands, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you reside in the EU and are a consumer, you also benefit from the mandatory legal protections provided by the laws of your country of residence. Both Werkles V.O.F. (doing business as Banandco) and you agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands. This means you can bring a claim to defend your consumer protection rights either in the Netherlands or in the EU country where you reside.

The European Commission offers an online platform for resolving disputes, which you can access at https://ec.europa.eu/consumers/odr. If you need to bring any issue to our attention, please contact us directly.

The Site may contain typographical errors, inaccuracies, or omissions, including those related to descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change the information on the Site at any time without prior notice.

The information provided on https://www.banandco.com (the "Site") by Werkless V.O.F. ("we," "us," or "our") is for general informational purposes only. Although we strive to provide accurate and up-to-date information, we make no representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any information on the Site. Your use of the Site and reliance on any information provided is solely at your own risk. We are not liable for any loss or damage resulting from your use of the Site or reliance on any information provided on the Site. All content posted by you or other users is your sole responsibility, and any material downloaded or obtained through the Site is accessed at your own discretion and risk.

The Site may contain links to other websites or content from third parties. These external links are not monitored or checked by us for accuracy, adequacy, validity, reliability, or completeness. We do not endorse or assume responsibility for any third-party content or websites, nor do we guarantee the accuracy or reliability of any information they provide. We are not involved in or responsible for monitoring any transactions between you and third-party providers of products or services.

The Site does not provide legal or medical/health advice. The information on the Site is intended for general informational and educational purposes only and is not a substitute for professional advice. You should consult with appropriate professionals before taking any action based on the information provided. Your use of or reliance on any information on the Site is at your own risk.

The Site may feature testimonials from users of our products and services. These testimonials reflect individual experiences and opinions and may not be representative of all users. We do not claim that all users will have the same experiences. Testimonials are reviewed for grammar and typos but are otherwise posted as received. The opinions expressed in testimonials are those of the individual users and do not reflect our views. Testimonials are not intended to imply that our products or services can diagnose, treat, cure, or prevent any disease. They have not been clinically evaluated.

We, our directors, employees, or agents will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profit, revenue, or data, arising from your use of the Site, even if advised of the possibility of such damages. Our liability to you for any cause will always be limited to the amount paid by you, if any, in the three (3) months prior to the cause of action. Certain state and international laws may not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some limitations may not apply. We are not responsible for any content posted, sent, or received by you or other users through the Site. Any material downloaded or obtained through the Site is accessed at your own risk. We are not liable for any damage to your technology resulting from use of the Site, including security breaches, viruses, bugs, hacking, or other technical issues. Our only obligation for takedown requests is to file a complaint on your behalf with the relevant authority. We have no obligation to remove the link.

You agree to defend, indemnify, and hold us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any losses, damages, liabilities, claims, or demands, including reasonable legal fees and expenses, made by any third party due to or arising from: (1) your use of the Site; (2) your violation of these Terms of Service; (3) any breach of your representations and warranties in these Terms of Service; (4) your infringement on the rights of a third party, including intellectual property rights; or (5) any harmful act you commit towards another user connected via the Site. We reserve the right to assume, at your expense, the exclusive defense and control of any matter you are required to indemnify us for, and you agree to cooperate at your expense with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. To the maximum extent allowed by applicable law, you will indemnify, defend, and hold harmless Banandco and its officers, directors, agents, partners, and employees (collectively, the “Banandco Parties”) from any claims, liabilities, damages, losses, expenses, or costs (“Claims”) arising out of or related to your infringement or misappropriation of another's rights (including intellectual property or privacy rights) or your violation of the law. You agree to promptly notify the Banandco Parties of any third-party Claims, assist in defending such Claims, and pay all fees, costs, and expenses associated with the defense (including attorneys' fees). The Banandco Parties retain the right to control the defense or settlement of any third-party Claims at Banandco's sole discretion.

We retain certain data that you transmit to the Site to manage its performance, as well as data related to your Site activities. While we conduct regular data backups, you are responsible for all data you transmit or that relates to your activities on the Site. We assume no liability for any loss or corruption of such data, and you waive any right to take action against us for any such loss or corruption.

Visiting our Site, sending emails to us, and filling out online forms are considered electronic communications. By engaging in these actions, you consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications provided to you electronically via email and the Site meet any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by non-electronic means.

If you are a California resident and are not satisfied with how we resolved a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

These Terms of Service, along with any policies or operating rules posted by us on the Site or concerning the Site, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. These Terms of Service apply to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision or part thereof is severable from the Terms and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. You agree not to hold these Terms against us for having drafted them. You waive any defenses you may have based on the electronic form of these Terms of Service and the absence of signing by the parties to execute these Terms of Service. We reserve the right to amend or modify these Terms at any time. Any material changes will be posted on this page with an updated effective date. We may notify you of changes via email or other methods, but it is your responsibility to regularly check this page for updates. Continued use of our Services following changes signifies your acceptance of the updated Terms. If you do not agree to any changes, you must cease using our Services immediately. We reserve the right to refuse service to customers or users at our discretion without providing a reason. We act promptly when detecting or receiving inaccurate complaints. Banandco does not guarantee the daily functionality of Google searches, Google complaints, or searches and complaints on any site. Sites may be temporarily unavailable, shut down, or change their search systems. Banandco is not liable for these situations.

"Force Majeure" refers to events beyond Banandco's reasonable control, including but not limited to natural disasters (such as fires, floods, earthquakes, storms), export or import restrictions, embargos, terrorist attacks, wars, civil conflicts, losses at sea, legal disputes involving business law (including strikes, lockouts, and other industrial disputes), pandemics, or interruptions/disruptions of public services. If Banandco is unable to meet its obligations due to a Force Majeure event, it will not be considered in breach of this Agreement. The period for fulfilling such obligations will be extended for the duration of the Force Majeure. Banandco will not be held liable to the customer or user as long as the non-performance is due to Force Majeure. Banandco will promptly inform the customer or user of the scope and details of the Force Majeure event. If the Force Majeure persists for more than three months, Banandco may terminate the Agreement by notifying the customer or user. The termination notice will specify the termination date, which must be at least 14 business days after the notice is given. The Agreement will terminate on the specified date, and Banandco will not be held liable for the termination. However, rights and liabilities arising before the termination will remain valid.

Any personal data transfer between the parties must comply with the General Data Protection Regulation (GDPR) approved by the European Parliament on April 14, 2016, effective since May 25, 2018, and binding for all member states. The parties agree that any personal data disclosed under this Agreement has been obtained in compliance with GDPR. This includes the collection, organization, modification, storage, recording, transfer to third parties, international transfer, deletion, destruction, and anonymization of such data. The parties agree not to disclose personal data to third parties except as permitted by this Agreement, GDPR, or their respective Personal Data Protection Policies. If a party receives any request or application regarding personal data disclosed by the other party, they must inform the other party within 24 hours. The party disclosing special categories of personal data, which require explicit consent from shareholders and/or employees, confirms that such consent has been obtained as required by law. Both parties must implement technical and administrative measures to prevent illegal processing or access to personal data and to ensure its secure retention. The parties agree to process personal data only as necessary for the performance of services under this Agreement. They will limit access to data to employees who need it to perform their duties and ensure that employees do not disclose information, passwords, or access methods to unauthorized persons. Employees will be informed of GDPR requirements. The parties agree to comply with all relevant legislation throughout the term of this Agreement and beyond, providing explanations for any non-compliance with instructions. Failure to comply with these data protection obligations gives the right to terminate the Agreement. Banandco is not required to delete personal data during the storage period defined by law. After this period, Banandco will delete other data but is not obliged to delete personal data of users or customers.

If any provision of these terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue to be valid and enforceable.

To resolve a complaint regarding the Site or to request further information about its use, please contact us at:

Banandco Support Team
Email: support@banandco.com