Terms of Use

1. Agreement to terms

These Terms of Use (“Terms”) are a binding agreement between you and Brrand, Inc. (“Brrand,” “we,” “us”) governing your access to and use of our website, applications, and services (the “Services”). By using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. The Services

Brrand lets you submit a product or company link, generates an editable marketing strategy, and produces social media content (images, video, and captions) that you can schedule and publish to connected platforms such as Facebook, Instagram, TikTok, and X. Content is generated using third-party AI models and may be imperfect, inaccurate, or unexpected; you are responsible for reviewing it before it is published.

3. Eligibility and accounts

You must be at least 16 years old (or the age of majority where you live) and able to form a binding contract. You are responsible for the activity under your account and for keeping your credentials secure. You must provide accurate information and promptly update it.

4. Connected social accounts

When you connect a third-party platform, you authorize us to access that account and to publish content on your behalf as you direct. Your use of each platform is also governed by that platform's own terms and policies, and you agree to comply with them. You may disconnect an account at any time; doing so revokes our access going forward. We are not responsible for the acts, policies, outages, or content moderation of third-party platforms.

5. Your content and rights

You retain ownership of the brand materials, links, prompts, and other content you submit (“Your Content”), and of the outputs generated for you, to the extent such outputs are eligible for ownership. You represent that you have the rights needed to submit Your Content and to publish the resulting posts, and that doing so does not infringe anyone's rights or violate any law.

You grant us a worldwide, non-exclusive license to host, process, reproduce, and transmit Your Content and generated outputs solely to operate and provide the Services, including sending content to our AI and infrastructure providers for processing.

6. AI-generated content

Outputs are produced by automated models and are provided “as is.” Similar or identical outputs may be generated for other users. You are solely responsible for reviewing, editing, and approving outputs and for ensuring that anything you publish is accurate, lawful, properly disclosed where required, and appropriate for your audience.

7. Acceptable use

You agree not to use the Services to:

• break the law or infringe intellectual property, privacy, or publicity rights;
• create or publish content that is deceptive, fraudulent, defamatory, hateful, harassing, or sexually exploitative, or that impersonates others;
• generate spam or violate the rules of any connected platform;
• attempt to reverse engineer, disrupt, overload, or gain unauthorized access to the Services or related systems;
• use the Services to build a competing product, or resell them without our consent.

8. Payments, credits, and plans

Paid features are billed through our payment processor (PayPal). Generation consumes credits as described in the product. Fees are charged in advance and, except where required by law, are non-refundable. We may change pricing prospectively with notice. You are responsible for applicable taxes.

9. Intellectual property

The Services, including our software, design, and trademarks, are owned by Brrand and our licensors and are protected by law. These Terms grant you a limited, revocable, non-transferable right to use the Services; we reserve all rights not expressly granted.

10. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that generated content will be accurate or fit for your purposes.

11. Limitation of liability

To the fullest extent permitted by law, Brrand will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim relating to the Services will not exceed the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow these limitations, so they may not fully apply to you.

12. Indemnification

You agree to indemnify and hold Brrand harmless from claims, losses, and expenses arising out of Your Content, your published posts, your use of the Services, or your violation of these Terms or any law or third-party right.

13. Termination

You may stop using the Services and delete your account at any time (see Data Deletion). We may suspend or terminate access if you violate these Terms or to protect the Services or other users. Provisions that by their nature should survive termination will survive.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and update the date above, and provide additional notice for material changes. Continued use after changes take effect means you accept them.

15. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, except where mandatory consumer-protection laws of your country of residence apply. Nothing in these Terms limits any statutory rights you may have as a consumer.

16. Contact

Questions about these Terms? Email malachi@madgic.ai.