Terms & Conditions

Please read these terms carefully before using our service

Last updated: January 15, 2024

1. Introduction

Welcome to Brandsmith. These Terms and Conditions ("Terms") govern your use of our website, services, and applications. By accessing or using our service, you agree to be bound by these Terms.

These Terms constitute a legally binding agreement between you and Brandsmith. If you do not agree to these Terms, please do not use our service.

2. Definitions

"Service"
Refers to the Brandsmith platform, website, and all related services.
"User" or "You"
Refers to any individual or entity using our Service.
"Content"
Includes all text, graphics, images, music, software, audio, video, and other materials.
"Account"
A unique account created for you to access our Service.

3. User Accounts

Account Creation

  • • You must provide accurate and complete information when creating an account
  • • You are responsible for maintaining the confidentiality of your account credentials
  • • You must be at least 18 years old to create an account
  • • One person or entity may not maintain more than one account

Account Security

You are responsible for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account or any other breach of security.

4. Acceptable Use Policy

Prohibited Activities

You agree NOT to use our Service to:

  • • Violate any applicable laws or regulations
  • • Infringe on intellectual property rights
  • • Transmit harmful, offensive, or illegal content
  • • Spam, phish, or engage in fraudulent activities
  • • Attempt to gain unauthorized access to our systems
  • • Interfere with or disrupt our Service

Encouraged Activities

  • • Create original, high-quality marketing content
  • • Respect intellectual property rights
  • • Provide constructive feedback
  • • Use our Service for legitimate business purposes

5. Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by Brandsmith and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Rights

You retain all rights to content you create using our Service. However, by using our Service, you grant us a limited, non-exclusive license to host, store, and display your content as necessary to provide the Service.

AI-Generated Content

Content generated by our AI tools may be subject to specific licensing terms. You are responsible for ensuring your use of AI-generated content complies with applicable laws and third-party rights.

6. Privacy and Data Protection

Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

  • • We collect only necessary information to provide our Service
  • • We implement appropriate security measures
  • • We do not sell your personal information to third parties
  • • You have rights regarding your personal data

7. Payment Terms & Cancellation

Subscription Fees

  • • Fees are billed in advance
  • • All fees are strictly non-refundable
  • • Prices may change with 30 days notice
  • • Failed payments may result in service suspension

No Refund Policy

IMPORTANT: NO REFUNDS

  • • All payments are final and non-refundable
  • • No refunds for cancellations at any time
  • • No partial refunds for unused service periods
  • • Service continues until end of billing period upon cancellation

8. Service Availability

Service Level

While we strive to maintain high availability, we do not guarantee uninterrupted access to our Service. We may experience downtime for maintenance, updates, or due to factors beyond our control.

  • • Scheduled maintenance will be announced in advance
  • • We target 99.5% uptime but do not guarantee it
  • • Emergency maintenance may occur without notice

9. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account settings. Upon termination, your access to the Service will cease immediately.

Termination by Us

We may terminate or suspend your account immediately if you breach these Terms or engage in activities that harm our Service or other users.

10. Limitation of Liability

IMPORTANT LEGAL NOTICE:

TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDSMITH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of [Your Jurisdiction].

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through our Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Contact Information

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