Effective date: March 16, 2026
By accessing or using the Brand.Design platform ("Service"), operated by Brand.Design, Inc. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
If you do not agree with any part of these Terms, you must immediately discontinue use of the Service. Your continued use of the Service following the posting of changes to these Terms constitutes your acceptance of those changes.
By clicking "Accept," "Agree," "Create Account," or similar buttons, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. This action constitutes your electronic signature and creates a legally binding agreement under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and the Uniform Electronic Transactions Act (UETA). You consent to conducting this transaction electronically and to receiving notices, disclosures, and communications from us electronically.
Brand.Design is an AI-powered creative generation platform that enables users to:
The Service may include AI-generated content, automated email communications, brand analysis tools, and integrations with third-party services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice where practicable.
To access the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for:
You must be at least 18 years of age to create an account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
The Service offers multiple subscription tiers, including a free plan with limited features and paid plans with enhanced capabilities. By subscribing to a paid plan, you agree to the following:
You retain all rights to content you upload to or create through the Service, including brand assets, logos, images, copy, and other materials ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to process, store, and display Your Content solely for the purpose of providing the Service to you.
Content generated by our AI tools using your brand data and inputs ("Generated Content") is owned by you, subject to any third-party rights in source materials you provide. You are responsible for reviewing Generated Content before use and ensuring it does not infringe on any third-party rights.
The Brand.Design platform — including its AI models, algorithms, user interface, documentation, APIs, and proprietary technology — remains our exclusive intellectual property. Nothing in these Terms grants you any rights to our platform IP beyond the limited license to use the Service as described herein.
When you upload, import, or submit brand assets to the Service — whether manually or through AI-assisted onboarding — you represent and warrant that:
You agree to indemnify us against any claims arising from your breach of these representations. If we receive a valid intellectual property complaint regarding your brand assets, we may remove or disable access to the affected materials.
The Service uses artificial intelligence to generate creative content, analyze brands, research prospects, compose emails, and assist with marketing tasks. You acknowledge and agree that:
The Service includes AI-powered email outreach capabilities. By using these features, you represent, warrant, and agree that:
We reserve the right to suspend or terminate outreach capabilities for any account that violates these provisions or generates excessive spam complaints or bounce rates.
You agree not to use the Service to:
We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending accounts, and reporting violations to law enforcement.
We respect intellectual property rights and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent with the following information:
DMCA notices should be sent to our designated agent at: dmca@brand.design or by mail to: Brand.Design, Inc., 1209 Orange Street, Wilmington, DE 19801, United States, Attn: DMCA Agent. We will promptly investigate and take appropriate action, which may include removing or disabling access to the allegedly infringing material. Repeat infringers will have their accounts terminated.
Your data belongs to you. You may request an export of your brand data, creative assets, and account information at any time by contacting us. Upon account termination:
You may terminate your account at any time through your account settings or by contacting us. We may terminate or suspend your account immediately, without prior notice, if:
We may offer certain features designated as "beta," "preview," "early access," or "experimental" ("Beta Features"). Beta Features are provided "as is" without any warranty or service level commitment. We may modify or discontinue Beta Features at any time without notice. Beta Features may contain bugs, errors, or inaccuracies and may not function as intended. Your use of Beta Features is at your sole risk, and any data or content generated using Beta Features may be lost or corrupted without liability to us. The limitations of liability in these Terms apply with even greater force to Beta Features.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT, PROSPECT RESEARCH, OR AUTOMATED COMMUNICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAND.DESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Brand.Design and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) brand assets you upload or submit to the Service; (e) emails or communications sent using the outreach features; or (f) any content you generate, publish, or distribute through the Service.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through the following process:
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 provisions. For any disputes not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not on any U.S. Government restricted party list. You will not use the Service in violation of any export restriction or sanction.
Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, cyberattacks, failures of third-party service providers (including AI providers, cloud hosting, or payment processors), or other events beyond reasonable control. The affected party shall promptly notify the other party of the event and use reasonable efforts to mitigate its impact.
We may update these Terms from time to time. When we make material changes, we will notify you by email, through the Service, or by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may request account deletion.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. No waiver shall be deemed a continuing waiver or waiver of any other provision.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Any attempted assignment in violation of this section is void. We may freely assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without notice or consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
The following sections shall survive any termination or expiration of these Terms: Intellectual Property (Section 6), Brand Asset Rights (Section 7), AI-Generated Content Disclaimer (Section 8), Copyright Infringement and DMCA (Section 11), Disclaimer of Warranties (Section 15), Limitation of Liability (Section 16), Indemnification (Section 17), Dispute Resolution (Section 18), Governing Law (Section 19), Severability (Section 23), and this Survival provision (Section 26), as well as any other provisions that by their nature should survive.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, regarding the Service. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in these Terms shall affect, or be used to interpret, change, or restrict the express terms and provisions of these Terms.
These Terms are for the sole benefit of the parties hereto and their permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
All legal notices to the Company must be sent to legal@brand.design or by mail to: Brand.Design, Inc., 1209 Orange Street, Wilmington, DE 19801, United States. We may provide notices to you via the email address associated with your account, through the Service, or by posting on our website. Notices are deemed received when sent via email (on the date sent), when posted on the Service (on the date posted), or three business days after mailing (if sent by mail).
If you have questions about these Terms, please contact us: