Terms and conditions

These Terms and Conditions ("Terms") govern your use of BrandBookPro AI (the "Service"), a SaaS platform for generating brand guidelines.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Definitions

• "Service" refers to BrandBookPro AI, including the website, software, and all related services.
• "User", "you", or "your" refers to any individual or entity using the Service.
• "Content" refers to any logos, fonts, colors, images, mockups, or other materials uploaded by the User.
• "Generated PDF" refers to the brand guidelines document created by the Service using User Content.
• "Subscription" refers to the paid plan (Freelancer or Agency) selected by the User.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of the Service after changes constitutes acceptance of the modified Terms.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration

4.1 Account Creation

To use certain features of the Service, you must create an account by providing accurate and complete information, including a valid email address and payment details.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Not share your account with others

4.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

5. Subscription and Payment

5.1 Subscription Plans

The Service offers two subscription plans:

• Freelancer Plan: Includes features as described on our website
• Agency Plan: Includes additional features as described on our website

5.2 Free Trial

We offer a free trial for new users. During the trial period, you have full access to the features of your selected plan. No payment is required during the trial period.

If you do not cancel before the trial period ends, your subscription will automatically begin, and you will be charged according to your selected billing cycle (monthly or annual).

5.3 Pricing

Current pricing is available on our website. All prices are listed in USD, EUR, and CHF and include applicable taxes where required by law.

For Swiss customers: Prices include Swiss VAT (8.1%) where applicable.

For EU customers: VAT will be charged according to your country of residence if required by law.

5.4 Payment

Payment is processed through our third-party payment processor (Stripe, Paddle, or similar). By providing payment information, you authorize us to charge your chosen payment method.

5.5 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selection. Billing occurs on the same day each billing period.

5.6 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing period but will apply to subsequent renewals. We will notify you at least 30 days in advance of any price changes.

5.7 Failed Payments

If payment fails, we will attempt to charge your payment method again. If payment continues to fail, your account may be suspended or terminated.

6. Lifetime License (One-Time Payment Plans)

6.1 Lifetime Access Definition

If you purchase a Lifetime License plan through authorized partners (such as AppSumo) or directly from us, you will receive access to the Service for as long as the Service remains operational, subject to the limitations and conditions outlined in this section.

6.2 Minimum Service Guarantee

For Lifetime License holders, we guarantee to maintain the Service for a minimum period of 5 years from the date of your purchase, subject to these Terms and your continued compliance.

After this minimum 5-year guarantee period, we reserve the right to:

• Continue operating the Service indefinitely (our intention)
• Discontinue the Service with at least 12 months' advance written notice
• Migrate to a new platform, technology, or service model
• Modify features, functionality, or access terms

6.3 "Lifetime" Definition and Limitations

"Lifetime" refers to the operational lifetime of the Service, NOT the lifetime of the user, the company, or any specific technology.

We do not guarantee that the Service will operate indefinitely, forever, or in perpetuity. The Service's operational lifetime depends on various factors beyond our control.

6.4 Conditions Allowing Service Discontinuation

We may discontinue, suspend, or materially modify the Service (even for Lifetime License holders) if:

• The Service becomes technologically obsolete or incompatible with modern platforms
• Operating the Service becomes economically unfeasible or unsustainable
• Legal, regulatory, or compliance changes make operation impossible or impractical
• Security vulnerabilities cannot be reasonably addressed
• Third-party dependencies (APIs, libraries, services) become unavailable
• Force majeure events prevent continuation of service
• Our business ceases operations, is sold, or restructured

6.5 Notice and Transition Period

If we decide to discontinue the Service after the minimum 5-year guarantee period, we will provide Lifetime License holders with:

• At least 12 months' advance written notice via email to your registered address
• Access to the Service during the entire notice period
• Information about any successor services, alternatives, or migration paths (if available)

Emergency Discontinuation: In cases of force majeure, legal requirements, or critical security issues, we may discontinue the Service with shorter notice, but will make reasonable efforts to provide as much advance notice as possible.

6.6 No Refunds After Minimum Period

Lifetime License purchases are subject to our standard refund policy (30-day money-back guarantee from date of purchase).

After the 30-day refund period:

• No refunds will be provided, even if the Service is discontinued
• No refunds will be provided after the minimum 5-year guarantee period
• No pro-rated refunds based on "expected" lifetime duration
• No compensation for discontinuation beyond the minimum guarantee period

By purchasing a Lifetime License, you acknowledge that you have received substantial value if the Service operates for the minimum 5-year period.

6.7 Feature Updates and Support

Included with Lifetime License:

• All feature updates and improvements released during the Service's operational lifetime
• Standard customer support (same level as active subscription users)
• Security updates, bug fixes, and maintenance
• Access to new languages, or content added to the Service

Not Guaranteed:

• Access to entirely new products or services we may launch separately
• Priority support or dedicated account management (unless explicitly included in your plan)
• Compatibility with all future technologies, platforms, browsers, or operating systems
• Custom feature development or personalized modifications

6.8 Fair Use and Abuse Prevention

Lifetime License access is subject to fair and reasonable use. We reserve the right to suspend or terminate your Lifetime License if:

• You violate these Terms or engage in prohibited conduct
• Your usage is deemed abusive, excessive, or harmful to our infrastructure
• You use automated systems, bots, or scripts to abuse the Service
• You resell, redistribute, or commercialize access to the Service without authorization
• You engage in fraudulent activity or payment disputes/chargebacks

Fair Use Guidelines: While we do not impose hard limits on "unlimited" features, we expect reasonable usage consistent with normal business operations. Excessive usage that significantly impacts system performance or costs may be subject to review.

6.9 Third-Party Marketplace Purchases (e.g., AppSumo)

If you purchased your Lifetime License through a third-party marketplace (such as AppSumo, StackSocial, or similar platforms):

• These Terms apply in addition to the marketplace's own terms
• Refund requests must be directed to the marketplace within their refund period
• Code redemption and account activation are subject to our verification
• We reserve the right to verify the legitimacy of licenses purchased through third parties
• Fraudulent or unauthorized license keys may be deactivated without refund

6.10 Transferability

Lifetime Licenses are non-transferable except:

• In cases of business acquisition or merger (with our prior written approval)
• As explicitly permitted by the third-party marketplace where purchased

You may not sell, gift, or transfer your Lifetime License to another individual or entity without our express written consent.

7. Cancellation and Refunds

7.1 Cancellation

You may cancel your subscription at any time through your account settings.

Cancellation will take effect at the end of your current billing period. You will retain access to the Service until that date.

7.2 Free Trial Cancellation

You may cancel your free trial at any time during the trial period without charge. After cancellation, you will lose access to the Service immediately.

7.3 Refund Policy

Monthly Subscriptions: We do not offer refunds for monthly subscriptions. You may cancel at any time to prevent future charges.

Annual Subscriptions: We offer a 30-day money-back guarantee. If you are not satisfied within 30 days of your annual subscription purchase, contact us for a full refund. After 30 days, no refunds will be issued.

7.4 No Partial Refunds

We do not provide partial refunds for unused time on monthly or annual subscriptions.

8. Use of the Service

8.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes.

8.2 Restrictions

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that infringes on intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to reverse engineer, decompile, or disassemble the Service
• Use automated systems (bots, scrapers) to access the Service
• Resell, redistribute, or sublicense the Service without our written permission
• Use the Service to create competing products or services
• Remove or alter any copyright, trademark, or proprietary notices
• Access the Service through any means other than our provided interface
• Share your account credentials with others

9. User Content and Intellectual Property

9.1 Your Content

You retain all ownership rights to the Content you upload to the Service (logos, fonts, colors, images, mockups). You are solely responsible for your Content.

9.2 License to Use Your Content

By uploading Content, you grant us a limited, non-exclusive, worldwide license to use, process, and display your Content solely for the purpose of providing the Service (i.e., generating your brand guidelines PDF).

We do NOT:

• Store your Content on our servers (processing is done locally in your browser)
• Share your Content with third parties
• Use your Content for any purpose other than generating your PDF
• Train AI models on your Content

9.3 Content Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and upload your Content
• Your Content does not infringe, violate, or misappropriate any third-party intellectual property rights (including copyrights, trademarks, patents, or trade secrets)
• Your Content does not contain illegal, defamatory, obscene, or harmful material
• You have obtained all necessary permissions and licenses for fonts, images, and other materials uploaded

9.4 Generated PDF Ownership

You own the Generated PDF created by the Service. You may use, modify, distribute, and commercialize the Generated PDF as you see fit.

However, you may NOT:

• Claim that the template design or layout was created by you
• Resell or redistribute the Service's templates separately from your content

9.5 Our Intellectual Property

The Service, including its software, algorithms, design, templates, user interface, and branding, is owned by us and protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from our intellectual property without our express written permission.

10. Prohibited Uses

You agree NOT to use the Service to:

• Upload content that infringes on copyright, trademark, or other intellectual property rights
• Upload content that is illegal, defamatory, obscene, pornographic, or otherwise objectionable
• Upload malware, viruses, or harmful code
• Harass, abuse, or harm others
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Interfere with or disrupt the Service or servers
• Collect or harvest personal information from other users
• Use the Service for fraudulent or deceptive purposes

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or quality of the Service or Generated PDFs

We do not guarantee that:

• The Service will meet your specific requirements
• The Generated PDFs will be free from errors or defects
• Any errors in the Service will be corrected
• The Service will be compatible with all devices, browsers, or operating systems

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES ARISING FROM ERRORS, BUGS, OR DEFECTS IN THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR CONTENT
• DAMAGES ARISING FROM THIRD-PARTY CONTENT OR CONDUCT

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR CHF 100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Content uploaded to the Service
• Your distribution or use of Generated PDFs

14. Privacy and Data Protection

14.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

14.2 Data Processing

All processing of your Content occurs locally in your browser. We do not upload, store, or transmit your Content to our servers or third parties.

14.3 GDPR and Swiss Data Protection

We comply with the EU General Data Protection Regulation (GDPR) and Swiss Federal Act on Data Protection (FADP). For more information, see our Privacy Policy.

15. Third-Party Services

The Service may integrate with third-party services (e.g., payment processors like Stripe or Paddle). Your use of these third-party services is subject to their respective terms and conditions and privacy policies.

We are not responsible for the actions, policies, or content of third-party services.

16. Termination

16.1 Termination by You

You may terminate your account at any time by canceling your subscription from your account.

16.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• Your payment fails or your account becomes delinquent
• We believe your use of the Service poses a security or legal risk
• We discontinue the Service

16.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Any outstanding fees become immediately due
• We may delete your account and data in accordance with our data retention policies
• Sections of these Terms that should survive termination (including payment obligations, indemnification, disclaimers, and limitations of liability) will continue to apply

17. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you.

We may add, remove, or change features, functionality, or pricing. We will make reasonable efforts to notify you of significant changes.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt to resolve any dispute informally.

18.2 Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

18.3 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

18.4 EU and Consumer Rights

If you are a consumer in the European Union, you may have additional rights under local consumer protection laws, which these Terms do not override.

19. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, internet failures, or government actions.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings.

22. No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

23. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

24. Language

These Terms are provided in English and French. In case of conflict between different language versions, the English version shall prevail.

25. Contact Information