Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Brand ImageGEN ("Brand ImageGEN", "we", "us", or "our") regarding your use of our AI-powered visual asset generation platform (the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Brand ImageGEN is an AI-powered platform that enables users to generate, edit, and export professional brand assets including images, graphics, logos, and marketing materials (each an "Asset"). The Service utilizes multiple AI models and provides tools for customization, background removal, vectorization, and export capabilities.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

4. User Content and Generated Assets

Your Content: You retain all ownership rights to content you upload to the Service ("User Content"), including photographs, text, and other materials.

Generated Assets: Assets generated by our AI models based on your prompts and inputs are owned by you, subject to these Terms and applicable law.

License to Brand ImageGEN: By using the Service, you grant Brand ImageGEN a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content and Generated Assets solely to:

• Provide and improve the Service
• Train and improve our AI models (you may opt out in your account settings)
• Display your public designs if you choose to make them public

5. Acceptable Use Policy

You agree not to use the Service to:

• Generate or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringe upon intellectual property rights of others
• Generate deepfakes or misleading content intended to deceive
• Violate any applicable laws or regulations
• Attempt to reverse engineer, decompile, or extract our AI models
• Use automated systems to access the Service except through our official API
• Resell or redistribute the Service without authorization

6. Subscription Plans and Payments

Subscription Tiers: We offer multiple subscription plans (Creator, Designer, Enterprise) with varying features and usage limits as described on our pricing page.

Billing: Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees.

Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial billing periods.

Free Credits: All new users receive 10 free credits when they create an account. Standard image generations cost 1 credit each. No credit card is required to use these starter credits. Once your free credits are depleted, you may subscribe to a paid plan to continue creating assets.

7. API Access

Designer and Enterprise plans include API access subject to rate limits and usage quotas. You agree to:

• Comply with our API documentation and guidelines
• Not exceed your plan's rate limits
• Implement proper error handling and caching
• Keep your API keys secure and confidential

8. Intellectual Property

Our IP: The Service, including all software, designs, text, graphics, logos, and other materials (excluding User Content and Generated Assets), is owned by Brand ImageGEN and protected by copyright, trademark, and other intellectual property laws.

AI Models: Our proprietary AI models, algorithms, and training data constitute valuable trade secrets and intellectual property of Brand ImageGEN.

9. Disclaimers and Limitation of Liability

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.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Generated Assets will meet your specific requirements
• AI-generated content will be free from errors or inaccuracies
• The Service will be compatible with all devices or platforms

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAND IMAGEGEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brand ImageGEN and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your User Content, your Generated Assets, or your violation of these Terms.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms.

Upon termination, your right to use the Service immediately ceases. We may delete your account and User Content, though Generated Assets you have downloaded remain yours.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

14. Contact Information

For questions about these Terms, please contact us at:

Email: Spencer@brandimagegen.com