Terms & Conditions

Table of Contents

BrandBuildr, referred to as “BrandBuildr.ai”, is a cutting-edge brand strategy builder software. Our innovative platform serves as a pivotal tool for ambitious brand builders and progressive business leaders worldwide, streamlining the brand strategy development process through our AI-driven white label software.

By accessing and using BrandBuildr, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms and Conditions”), which oversee your relationship with BrandBuildr and its services. These Terms apply to all visitors, users, and others who wish to access or use the Service.

Our Service is devoted to empowering you to create distinct, effective brand strategies, providing clarity and enhancing market presence to drive growth. We encourage you to read these Terms carefully before using our Service.

Acceptance of Terms

Last Updated: Dec 2023

Your Agreement with BrandBuildr

By accessing or using BrandBuildr, you confirm that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

These Terms constitute a legally binding agreement made between you and BrandBuildr, concerning your access to and use of the BrandBuildr software as a customer. The agreement is effective as soon as you start using our Service.

We reserve the right to update or change our Terms at any time, and we will strive to provide reasonable notice of any major changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. To ensure your awareness and agreement, we may require you to provide explicit consent to these updated Terms, either through a digital checkbox or signature, before continuing to use the Service.

Legal Jurisdiction and Compliance

Last Updated: Dec 2023

Governing Law and Regulatory Adherence

BrandBuildr operates under the laws of France and adheres to all applicable French and international regulations.

Jurisdiction: These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

International Compliance: As a global platform, BrandBuildr is committed to complying with international laws and regulations, including but not limited to data protection laws such as the General Data Protection Regulation (GDPR). We take all necessary steps to ensure that our operations are compliant with the relevant laws of the jurisdictions in which we operate. This includes adhering to international trade laws, export controls, and sanctions.

Data Protection and Privacy: In alignment with GDPR and other data protection laws, BrandBuildr is dedicated to safeguarding the privacy and security of our users’ data. We collect, use, store, and share your information as detailed in our Privacy Policy, which is an integral part of these Terms.

User Responsibilities: As a user, you are responsible for ensuring that your use of BrandBuildr complies with all laws and regulations applicable to you. It is your responsibility to be aware of and understand the laws in your jurisdiction that may affect your rights and obligations regarding the use of our Service. You should also be aware that by using BrandBuildr, you may be subject to other local, state, national, or international laws.

User Registration & Account Management

Last Updated: Dec 2023

Creating Your BrandBuildr Account

Account Types: BrandBuildr offers two types of accounts: individual and corporate. Corporate accounts can manage multiple individual accounts under their umbrella. Each account type requires the user to provide certain information during the registration process for identity verification and service optimization.

Registration Process: To use BrandBuildr, users must complete a registration process. This involves providing accurate and complete personal and/or business information as prompted by the registration form. Users are responsible for maintaining the confidentiality of their account and password and for all activities that occur under their account. Providing false or inaccurate information may lead to the suspension or termination of your account.

Account Security: Users are expected to notify BrandBuildr immediately of any unauthorized use of their account or any other breach of security. BrandBuildr will not be liable for any loss or damage arising from your failure to comply with this security obligation. Users are advised to use strong, unique passwords and to regularly update them.

Account Updates: Users are responsible for keeping their account information, including email address, up to date. This ensures effective communication and uninterrupted service. Users should promptly update their account information to reflect any changes, such as a new email address or phone number.

Subscription and Payment Terms

Last Updated: Dec 2023

Understanding Our Subscription Models

Subscription Options: BrandBuildr offers various subscription options, including one-off payments for strategies and strategy packs, as well as quarterly and annual subscriptions with automatic renewals.

Payment Terms: Upon selecting a subscription model, users agree to pay all applicable fees associated with their chosen subscription. Payments are processed through a secure third-party payment processor. Users must provide valid and current payment information and are responsible for any changes in their billing information.

Renewals and Cancellations: Subscriptions are automatically renewed at the end of each subscription period. Users can cancel their subscription at any time, which will stop the next scheduled payment but will not refund the current period. Access to the service continues until the end of the current billing cycle. To cancel the auto-renewal, users must do so at least 48 hours before the renewal date.

Refunds: All payments made to BrandBuildr are non-refundable, and there are no refunds or credits for partially used periods, except as required by law. In the case of service interruptions or significant changes to the service that impact your ability to use it, we may, at our discretion, offer pro-rata refunds.

Data Privacy and Security

Last Updated: Dec 2023

Your Data is Our Responsibility

Commitment to Data Privacy: BrandBuildr is committed to protecting the privacy and security of our users’ data. We collect, use, and share personal information in accordance with our Privacy Policy, which complements these Terms.

Data Handling: The data collected is used to improve the service, facilitate user experience, and comply with legal obligations. BrandBuildr employs industry-standard measures to protect the data from unauthorized access, disclosure, alteration, or destruction. This includes using encryption technologies for data transmission and storage, and regularly updating our security practices.

User Consent: By using BrandBuildr, you consent to the collection, use, and sharing of your data as outlined in our Privacy Policy. You acknowledge that the transfer of data may involve transmissions over various networks and changes to conform to technical requirements.

Data Rights: Users have certain rights regarding their data, including access, correction, deletion, and portability. BrandBuildr will comply with any user requests pertaining to their data rights as per applicable laws. To exercise these rights, users may contact us through the details provided in our Privacy Policy or the Contact Information section.

AI Use and Data Handling

Last Updated: Dec 2023

the Role of AI
in BrandBuildr

AI Functionality: BrandBuildr utilizes AI technology, including tools powered by OpenAI, to assist in brand strategy development. This AI provides suggestions and insights based on the data input by users. It is important to understand that these AI-generated outputs are suggestions and should be used as a guide alongside your expertise and judgment.

Data Use in AI: The data you provide may be used by the AI to generate strategy suggestions. We ensure that all data processing complies with our data protection and privacy policies. The AI does not store your data beyond what is necessary to provide its services.

Accuracy and Reliability of AI Content: While we strive for accuracy, BrandBuildr does not guarantee the reliability or accuracy of AI-generated content. Users should independently verify and validate AI suggestions. We are not responsible for decisions made based on AI-generated content.

Ownership of AI-Generated Content: Users retain ownership of their input data. However, the output generated by the AI, while based on user input, is a product of BrandBuildr’s AI algorithms and is owned by BrandBuildr. Users are granted a license to use this AI-generated content as part of their brand strategy development.

Limitation of Liability for AI: BrandBuildr shall not be liable for any inaccuracies, errors, or reliance on AI-generated content. Users acknowledge the inherent limitations and risks associated with AI, including potential biases and errors.

Compliance and Ethical Use of AI: BrandBuildr is committed to ethical AI practices and adheres to relevant AI regulations and guidelines. We will update our policies to reflect changes in AI-related laws and best practices.

User Consent for AI Use: By using BrandBuildr, you consent to the use of AI as part of the service and acknowledge your understanding of its role, capabilities, and limitations.

Intellectual Property Rights

Last Updated: Dec 2023

Respecting Creativity and Innovation

Ownership of Content: Users retain all rights to the brand strategies they create using BrandBuildr’s software. This includes any intellectual property rights in the strategies developed for personal or third-party use. However, it is the user’s responsibility to establish and enforce their own terms and conditions regarding ownership and use of these strategies with their clients. BrandBuildr claims no intellectual property rights over the material you provide to the service.

BrandBuildr’s Intellectual Property: All rights, title, and interest in and to the BrandBuildr service, including its website, software, technologies, and processes, remain the sole property of BrandBuildr or its licensors. This includes, but is not limited to, all software, text, images, graphics, user interface, and trademarks. The use of the BrandBuildr service does not grant users any intellectual property rights in or to any of these components. Users are granted a non-exclusive, non-transferable, revocable license to use the service for its intended purpose.

Prohibited Use: Users may not duplicate, redistribute, modify, or create derivative works from any part of the BrandBuildr service without explicit permission. Unauthorized use of BrandBuildr’s intellectual property is strictly prohibited and may result in legal action. Users must also respect the intellectual property rights of others while using BrandBuildr and ensure that any content uploaded or used in conjunction with the service does not infringe upon third-party rights.

User Conduct and Responsibilities

Last Updated: Dec 2023

Maintaining a Positive and Productive Environment

Standards of Conduct: Users of BrandBuildr are expected to use the service responsibly and ethically. This includes not using the service for any unlawful or prohibited activities, such as infringing on the intellectual property rights of others, engaging in fraudulent activities, or spreading harmful or offensive content. Users should also refrain from activities that could harm the functionality or integrity of the service, such as attempting to gain unauthorized access or uploading harmful software.

User Responsibilities: Users are responsible for the content they create using BrandBuildr. They must ensure that their use of the service complies with all applicable laws and regulations. Users are also responsible for ensuring that their conduct does not harm the reputation or operation of BrandBuildr. This includes being respectful in communications with other users and not engaging in harassment, discrimination, or offensive behavior.

Account Misuse: BrandBuildr reserves the right to suspend or terminate user accounts that are found to be involved in activities that violate these terms or any applicable laws. Users may be held liable for any losses incurred by BrandBuildr or its users due to such unauthorized use. In cases of account misuse, BrandBuildr will take appropriate legal actions to protect its interests and those of its users.

Limitations of Liability and Disclaimers

Last Updated: Dec 2023

Understanding the Scope of Our Responsibility

Service “As Is”: BrandBuildr provides its service on an “as is” and “as available” basis. While we strive to provide a high-quality, uninterrupted service, we do not guarantee that the service will always be secure, error-free, or timely. BrandBuildr disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.

Limitation of Liability: To the fullest extent permitted by law, BrandBuildr 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 resulting from

(a) your access to, use of, or inability to access or use the service;
(b) any conduct or content of any third party on the service;
(c) any content obtained from the service; and
(d) unauthorized access, use, or alteration of your transmissions or content.

This limitation of liability applies even if BrandBuildr has been advised of the possibility of such damages.

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Where limitations on implied warranties or the exclusion or limitation of certain damages are not allowed, these terms may not apply in their entirety.

Service Availability and Modifications

Last Updated: Dec 2023

Ensuring Continual Improvement and Adaptability

Service Availability: BrandBuildr aims to provide its service continuously and reliably. However, the availability of our service may be affected by factors beyond our control, such as technical issues, maintenance, or updates. We will endeavor to inform users in advance of any significant disruptions. In case of planned downtime for maintenance or updates, users will be notified at least 48 hours in advance, whenever feasible.

Service Modifications: BrandBuildr reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We are constantly updating our offerings, and such changes are part of our commitment to innovation and improvement. Users will be notified of significant changes to the service, especially those that may impact their use or access to the service.

User Feedback: We value user feedback and may incorporate it into our service enhancements. However, any suggestions, ideas, or other feedback provided by users become the property of BrandBuildr. We encourage users to provide feedback to help us improve our service and better meet their needs.

Dispute Resolution

Last Updated: Dec 2023

Facilitating Fair and Efficient Conflict Resolution

Contact Us First: If a dispute arises from or relates to these Terms or our service, users are encouraged to contact BrandBuildr first to seek a resolution. Our customer support team is available to address any concerns and work towards a mutually agreeable solution.

Governing Law: These Terms and any disputes arising from them will be governed by the laws of France, without regard to its conflict of law principles.

Dispute Resolution Mechanism: For any unresolved disputes, we prefer to resolve issues through arbitration or mediation, rather than court proceedings, to seek a faster and more cost-effective resolution. Such arbitration will be conducted in France, and the language of the arbitration will be English. The arbitration will be conducted by a neutral arbitrator, and the decision rendered by the arbitrator will be final and binding.

Waiver of Jury Trial and Class Actions: By using BrandBuildr, users waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Users also waive any right to participate in a class action or other class proceeding. This waiver is a key part of agreeing to resolve disputes through arbitration.

Third-Party Links and Services

Last Updated: Dec 2023

Navigating External Resources and Partnerships

Third-Party Services: BrandBuildr may contain links to third-party web sites or services that are not owned or controlled by BrandBuildr. These links are provided for your convenience and information.

No Endorsement: The inclusion of any third-party link does not imply endorsement, approval, or control by BrandBuildr. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users should exercise caution and look at the privacy statement applicable to the website in question.

Affiliate Partnerships: BrandBuildr may engage in affiliate partnerships, which may influence the content, topics, or posts made in our service. However, we will always provide honest opinions, findings, beliefs, or experiences on those topics or products. Our goal is to offer valuable information while maintaining transparency with our users.

User Discretion Advised: Users access and use third-party sites and services at their own risk. Users should read the terms and conditions and privacy policies of any third-party websites or services that they visit. We remind our users that they are responsible for any transactions or interactions they engage in with third-party sites.

General Provisions

Last Updated: Dec 2023

Key Legal Considerations for Comprehensive Understanding

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This ensures that the invalidity or unenforceability of one provision does not affect the rest of the Terms.

Non-Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This includes any delay or omission on our part to exercise or enforce any right or provision.

Entire Agreement: These Terms constitute the entire agreement between you and BrandBuildr regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. This agreement includes any prior versions of the Terms and Conditions.

Assignment: BrandBuildr may assign or delegate these Terms and/or the BrandBuildr Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without BrandBuildr’s prior written consent, and any unauthorized assignment and delegation by you is void. This clause does not affect your rights under these Terms or your rights to your personal information under our Privacy Policy.

Contact Information

Last Updated: Dec 2023

Staying Connected for Support and Inquiries

Getting in Touch: If you have any questions about these Terms, please contact us. We are committed to addressing your inquiries and concerns promptly. Our dedicated support team is available through various channels, including email, live chat, and phone support, to assist you.

Contact Details: [[email protected]]. We encourage you to reach out for any clarifications, support, or feedback.

Feedback and Suggestions: We welcome your feedback and suggestions about our Service. Please feel free to reach out to us with your thoughts. Your input helps us to continually improve and serve you better.

Amendments to Terms

Last Updated: Dec 2023

Staying Updated with Evolving Terms

Updates and Revisions: BrandBuildr reserves the right to amend or revise these Terms at any time. Such amendments may reflect changes to the law, new regulatory requirements, or improvements or enhancements to our Service. Amendments may also address new features or services we offer and changes in technology or industry practices.

Notification of Changes: Whenever we make significant changes to these Terms, we will post a notification on our website or inform you via email, ensuring that you are always aware of what information we collect, how we use it, and under what circumstances, if any, it is disclosed. We will provide a clear summary of the significant changes and their implications for your use of the Service.

Acceptance of Revised Terms: Your continued use of the BrandBuildr platform following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new terms, you are no longer authorized to use the Service. We recommend that you regularly review these Terms to stay informed of your rights and obligations.

Effective Date: The date at which the revised Terms become effective will be indicated at the top of the Terms and Conditions page. This date marks the point from which the new terms will govern your use of the Service.

Effective Date

Last Updated: Dec 2023

Commencement of Your Agreement with Us

Commencement of Terms: These Terms and Conditions come into effect as of 15-Dec-2023, and will remain in effect until updated or replaced by a new version. This date marks the beginning of your agreement with us and the applicability of these terms to your use of the BrandBuildr service.

Acknowledgment of Understanding: By continuing to access or use our Service after the Effective Date, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to the new terms, you should discontinue your use of the BrandBuildr service. Your use of the service following the Effective Date signifies your acceptance of the terms as presented.

Historical Versions: Any changes made to these Terms after the Effective Date will be documented with their respective dates, and previous versions of these Terms will be archived and available upon request. This ensures transparency and allows users to understand the evolution of our terms over time. Users can access previous versions of the Terms by contacting us, providing them with an opportunity to review changes over time.

Your Continued Commitment: Your continued use of BrandBuildr following the Effective Date signifies your acceptance of our practices, procedures, and policies as laid out in these Terms and Conditions. We thank you for your trust in BrandBuildr and look forward to a fruitful and ongoing relationship. We are committed to continually improving our service and support, and your feedback is invaluable in this journey.