BRANDING.NOW (“Company,” “we,” “us,” “our”). These Terms & Conditions (“Terms”) govern your use of our software-as-a-service (“SaaS”) platform, website, and any related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.
1. Eligibility
- You must be at least 18 years old to use our Services.
- By using the Services, you represent that all account information you provide is truthful and accurate.
2. ACCOUNT REGISTRATION
- You may need to register for an account to access certain features.
- You are responsible for safeguarding your login credentials and for any activities under your account.
- We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or violates these Terms.
3. USER CONTENT & INTELLECTUAL PROPERTY
User-Uploaded Designs
- You may upload your own designs, including SVG files (“User Content”).
- You represent and warrant that you have all necessary rights to upload and use such content.
- Ownership: You retain all ownership rights in your own User Content; we claim no ownership over it.
License to Us
- By uploading or posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to store and display it solely to provide our Services (e.g., generating proofs, previews, or client portals).
- We reserve the right to remove any User Content that violates these Terms or applicable law.
Company’s Intellectual Property
- All trademarks, logos, and other intellectual property displayed within the Services (excluding User Content) are owned by or licensed to the Company.
- You agree not to copy, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.
4. USE OF THE SERVICES
Prohibited Activities
- You agree not to use the Services in any way that is unlawful, infringing, defamatory, or otherwise harmful to others.
- You will not upload viruses, malicious code, or other harmful material or engage in activities that disrupt our Services.
Service Modifications
- We may modify, suspend, or discontinue parts or all of the Services at any time without notice.
- We are not liable for any loss or damage related to such changes.
5. PAYMENT & SUBSCRIPTIONS
Credits and Subscriptions
- We offer credits and/or subscription plans for using certain features of the Services.
- Pricing, billing frequency, and other details may be provided on our website or during checkout.
- By purchasing any credits or subscription, you agree to pay all associated fees.
Refunds
- Unless otherwise specified, all fees paid are non-refundable.
- We reserve the right to grant or deny refund requests at our sole discretion.
Payment Information
- You must provide valid and current payment details.
- You authorize us to charge your selected payment method for any purchases or recurring subscription fees.
6. DISCLAIMERS
“AS-IS” Basis
- The Services are provided on an “AS-IS” and “AS-AVAILABLE” basis.
- We make no warranties, express or implied, about their reliability, accuracy, or suitability for any purpose.
No Guaranteed Results
- We do not guarantee any specific outcome from using the Services, including any success, branding impact, or revenue gains.
No Liability for User Content
- We do not review User Content for legality, accuracy, or ownership. You are solely responsible for the content you upload.
7. LIMITATION OF LIABILITY
- To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use (or inability to use) the Services.
- In any event, our total liability to you for all claims will not exceed the amount (if any) you paid us in the six (6) months prior to the event giving rise to the liability.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising out of or in connection with:
- Your violation of these Terms;
- Your improper use of the Services;
- Your infringement of any intellectual property or other right of any person or entity.
9. TERMINATION
- We may, at our sole discretion, suspend or terminate your account and/or access to the Services at any time for any reason, including violation of these Terms.
- You may stop using the Services at any time.
10. PRIVACY
Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and share your information. By using the Services, you consent to the collection, use, and sharing of your information as set forth in our Privacy Policy.
11. CHANGES TO THESE TERMS
We may update these Terms from time to time by posting a revised version on our site and updating the “Last Updated” date. Your continued use of the Services after any such modifications constitutes acceptance of the revised Terms.
12. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of laws principles. Any disputes arising under or related to these Terms or the Services shall be resolved exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction of such courts.
13. CONTACT US
If you have any questions about these Terms or wish to make a complaint, please contact us by email at:
Email: legal@branding.now
These Terms constitute the entire agreement between you and BRANDING.NOW regarding your use of the Services. If any provision is found invalid or unenforceable, the remainder shall remain in full force and effect. No waiver of any provision shall constitute a waiver of any other provision. Thank you for using our Services!