Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before using the Branduals service (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Branduals Inc. ("Branduals," "we," "our," or "us") regarding your use of the Service, which includes the web platform, APIs, and plug-ins for Canva, Figma, and Adobe Creative Cloud. By creating an account, logging in, or otherwise using the Service, you acknowledge that you have read, understood, and agree to comply with these Terms and our Privacy Policy.

2. Description of Service

Branduals provides a B2B SaaS platform that stores brand-approved assets (images, videos, templates, guidelines, etc.) and enables authorized users to access, download, and use those assets through the Branduals web interface and official plug-ins for Canva, Figma, and Adobe Creative Cloud. The Service also enforces the brand owner's distribution rules and policies.

The Service includes AI-powered features such as brand health scoring, content analysis, and evidence-based recommendations. These features analyze your brand assets and usage patterns to surface insights; they do not generate or alter your content.

3. Account Registration and Security

Eligibility: You must be at least 18 years old or have the authority to bind your organization to these Terms.

Registration: To use the Service, you must create an account using a valid email address and choose a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Security: We employ industry-standard measures to protect account information, but we cannot guarantee absolute security. If you suspect unauthorized access, notify us immediately at privacy@branduals.com.

4. User Content and Brand Assets

Ownership: You retain all rights, title, and interest in any content you upload to the Service ("User Content"), subject to the licenses granted herein. Brand assets uploaded by or on behalf of a brand owner remain the property of that brand owner.

License to Branduals: By uploading User Content, you grant Branduals a worldwide, royalty-free, non-exclusive, transferable license to host, store, display, transmit, and otherwise use such content solely to provide and improve the Service.

Brand Owner Rules: Access to and use of brand assets is governed by the brand owner's policies (e.g., usage restrictions, attribution requirements, territorial limits). You agree to comply with those rules; Branduals will enforce them technically where feasible.

Temporal History: The Service maintains an immutable temporal history of all content changes, including uploads, modifications, and access events. This history is a core feature of the platform and cannot be selectively deleted while your account or brand workspace remains active.

Prohibited Content: You may not upload or distribute content that is illegal, infringing, hateful, violent, pornographic, or otherwise violates applicable law or these Terms.

5. Intellectual Property

The Service, its underlying technology, software, designs, trademarks, logos, and any associated documentation (excluding User Content and brand assets) are the exclusive property of Branduals or its licensors.

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of any proprietary component of the Service.

6. Fees and Payment

If the Service is offered under a paid plan, you agree to pay all fees as described in the pricing page or order form. Fees are due in advance and non-refundable except as required by law.

Late payments may result in suspension or termination of access.

All fees are exclusive of taxes; you are responsible for any applicable sales, use, VAT, or similar taxes.

7. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation (including export controls).
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or networks.
• Upload or transmit viruses, malware, or any harmful code.
• Sell, resell, rent, or lease access to the Service without our prior written consent.
• Use the Service to compete with Branduals or to build a competing product using data extracted from the Service.
• Attempt to circumvent the temporal audit trail or falsify historical records.

8. Data Protection and Privacy

Our handling of personal information is governed by our Privacy Policy, which is incorporated by reference. We comply with applicable data protection laws (e.g., GDPR, CCPA) and will process personal data only as described therein.

9. Warranty Disclaimer

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, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRANDUALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US$100).

11. Term and Termination

Term: These Terms remain in effect until terminated by either party.

Termination by You: You may terminate your account at any time by contacting support@branduals.com or using the account-deletion feature in your account settings.

Termination by Us: We may suspend or terminate your access to the Service, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, the Service, or third parties, or for breach of any payment obligation.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or for legitimate business purposes (e.g., fraud prevention) and will delete personal data in accordance with our Privacy Policy. Sections dealing with intellectual property, warranty disclaimer, limitation of liability, indemnification, governing law, and dispute resolution survive termination.

12. Indemnification

You agree to indemnify, defend, and hold harmless Branduals, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your User Content; or (c) your violation of any law or the rights of a third party.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be finally resolved by the state or federal courts located in New York, New York, and each party hereby submits to the exclusive jurisdiction of such courts.

14. Changes to These Terms

We may revise these Terms from time to time. When we do, we will post the updated version on our website and indicate the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the revised Terms. If a change is material, we will also provide notice via email to the address associated with your account.

15. Contact Information

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

Branduals Inc.
info@branduals.com