These Terms of Service ("Terms") govern your use of banishly.com (the "Site"), run by banishly ("we," "us"). By using the Site or sending us the threat scan form, you agree to these Terms. If you do not agree, please do not use the Site.
1 Use of the Site
You may use the Site to learn about our services and to contact us for lawful business purposes. You agree not to misuse it: no interfering with its operation, probing or attacking it, scraping it in bulk, sending spam or automated submissions, or using it to break any law.
2 The threat scan and contact form
When you send us the form, you confirm that:
- the information you give is accurate, and you are authorized to act for the brand you name;
- you are happy for us to review what you send, look up your brand and the sellers using it, and contact you about your request, including by phone if you give us a number.
You give us permission to use what you send only to evaluate your request, run the scan and talk with you about our services. A free threat scan is an informal review, not a guarantee that we will take you on as a client, and we may decline any request. How we handle your information is set out in our Privacy Policy.
3 Pricing and pre-launch offers
Prices on the Site are in US dollars and exclude any applicable taxes. Founding (pre-launch) prices are an introductory offer for a limited number of early clients; we may change or end the offer at any time before you sign up, and a struck-through price shows our planned standard price, not a past selling price. Prices and plan contents on the Site are information, not a binding offer. What you pay, what is included and how long a price is locked are set only in your signed agreement or order form.
4 No guarantee of results
Descriptions of our services, platforms and figures on the Site are general information. Whether a listing, seller, site or ad is removed is decided by the marketplace, host or other third party that reviews each report, and we cannot promise any particular outcome or timeline.
5 Not legal advice
banishly is not a law firm and does not give legal advice. Nothing on the Site, including a threat scan or report, creates an attorney-client relationship. For advice about your intellectual property rights, consult a licensed attorney.
6 Intellectual property
The Site and its content, including text, graphics, the banishly name and logo, and design, belong to or are licensed to banishly and are protected by intellectual property laws. You may not copy, reproduce or distribute any part of the Site without our written permission. Amazon, Walmart, eBay, TikTok Shop, Temu, Etsy, AliExpress, Shopify, Facebook, Instagram, Google and other third-party marks on the Site belong to their owners. banishly is an independent service and is not affiliated with, sponsored by or endorsed by any of them.
7 Third-party services and links
The Site runs on third-party services, including Vercel (hosting), Resend (email delivery), Calendly (call booking) and Google Fonts, and links to others such as the marketplaces we mention. Those services have their own terms and policies, and we are not responsible for their content or practices. The Privacy Policy explains what each one does with your information.
8 Privacy and cookies
Our Privacy Policy, including its Cookie Notice, explains what we collect and how we use it, and forms part of these Terms. You can change your cookie choice at any time from the "Cookie settings" link in the footer.
9 Disclaimer of warranties
The Site is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Site will be uninterrupted, secure or error-free.
10 Limitation of liability
To the fullest extent the law allows, banishly will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from your use of the Site. Our total liability for any claim about the Site is limited to one hundred US dollars (US$100). Nothing in these Terms limits liability that cannot be limited by law.
11 Indemnification
You agree to indemnify and hold harmless banishly from any claims, losses or expenses arising from your misuse of the Site, the content you send us, or your breach of these Terms.
12 Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in California, unless the law where you live gives you the right to bring it elsewhere.
13 Changes to these Terms
We may update these Terms from time to time. The "Last updated" date shows the latest version, and continuing to use the Site after a change means you accept the updated Terms.
14 Contact
banishly
Email: legal@banishly.com