Brandkraft.ai Terms and Conditions

Effective Date: April 18, 2025

1. Introduction & Acceptance of Terms

Welcome to BrandKraft.ai (the "Site"), owned and operated by Brandkraft.ai INC. ("we," "us," "our"). These Terms and Conditions ("Terms") govern your access to and use of the Site and any services, tools, content, features, or functionalities offered on or through the Site (collectively, the "Service" or "Services"). By accessing or using the Site or Service in any way, you ("User," "Client," "you," "your") signify that you have read, understood, and agree to be bound by these Terms, which are incorporated herein by reference. If you do not agree to all of these Terms, you must not access or use the Site or Service. We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on the Site and updating the "Effective Date." Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Definitions

"Site": Refers to the website located at https://brandkraft.ai and all associated subdomains.
"Services": Encompasses all features, functionalities, tools, content (excluding Client Content unless specified), data, and services provided through the Site, specifically including AI-powered generation of product photography based on Client Content.
"User" / "Client": Any individual or entity accessing or using the Site or Services, particularly those registering an account to generate images.
"Brandkraft.ai Content": Refers to all text, graphics, images, music, software, audio, video, information, source code, AI models, algorithms, platform design, trademarks, logos, or other materials available on or through the Site, excluding Client Content.
"Client Content": Refers to any text, data, information, business details, product details, reference images, prompts, inputs, or other materials that a Client submits, uploads, posts, or otherwise makes available through the Service for the purpose of generating images.
"Generated Images": Refers to the specific digital image outputs created by the Services based on the Client Content provided by the Client.

3. Eligibility & Scope

You must be at least 18 years old or the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization or entity (your "Company"), you represent and warrant that you have the authority to bind that Company to these Terms, and you agree to these Terms on the Company's behalf. These Terms apply to all visitors, users, and others who access or use the Service.

4. Description of Service

Brandkraft.ai provides AI-driven tools specifically designed for generating professional-quality product photography based on Client Content provided by the user. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, although we will strive to provide notice of significant changes. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, except potentially regarding pre-paid fees as outlined in Section 8. The Generated Images produced by the AI components of the Services may require review and refinement by you. We do not guarantee the accuracy, photorealism, suitability for a specific purpose, or legal availability (e.g., trademark or trade dress clearance) of any Generated Images.

5. User Accounts

Registration: To access and use the Services, you must register for an account. You agree to provide accurate, current, and complete information (including company details and billing information) during registration and to update such information promptly if it changes.
Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account.
Responsibility: You are solely responsible for all activities that occur under your account and for ensuring that your use of the Services complies with these Terms.

6. Acceptable Use Policy

You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You agree not to:

Violate any applicable local, state, national, or international law or regulation.
Provide Client Content (including reference images or product details) that infringes upon or violates the intellectual property rights (copyrights, trademarks, patents, trade secrets) or other rights (privacy, publicity) of any third party.
Use the Services to generate images that are unlawful, defamatory, obscene, pornographic, harassing, hateful, or otherwise objectionable.
Transmit any worms, viruses, trojan horses, or any code of a destructive nature.
Attempt to gain unauthorized access to the Services, other Client accounts, or our computer systems or networks.
Interfere with or disrupt the integrity or performance of the Services.
Use any robot, spider, scraper, or other automated means to access the Services beyond the intended interface or without authorization.
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or AI models of the Services.
Use the Services or Generated Images in a way intended to harm us or damage our reputation.
Resell or sublicense the Services themselves (access to the platform) without our express written permission. Licensing of Generated Images is governed by Section 7.

7. Intellectual Property Rights & Licensing

Brandkraft.ai Content: The Services, Site, and all Brandkraft.ai Content, including the underlying AI technology, platform design, trademarks, and logos, are the exclusive property of Brandkraft.ai INC. and its licensors, protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purpose of generating product photography for your business, strictly in accordance with these Terms.

Client Content: You retain all ownership rights to your original Client Content (your Business Data, including product details and any reference images you own). You hereby grant Brandkraft.ai a worldwide, non-exclusive, royalty-free license to use, reproduce, modify (as necessary for processing), and process your Client Content solely for the purpose of providing the Services to you, specifically including generating the requested Generated Images. You represent and warrant that you own or have all necessary rights, licenses, and permissions to provide the Client Content to us for this purpose and that your Client Content does not infringe any third-party rights.

AI Model Training: Consistent with our Privacy Policy, we will not use your specific Client Content (such as your proprietary product designs, unique descriptions, or uploaded reference images) to train our general, underlying AI models that are shared across or used for other clients. Your inputs are used transactionally to generate your specific images. We may use anonymized or aggregated usage data, excluding your specific Client Content, to improve the overall Service.

Generated Images:

Ownership:Brandkraft.ai retains ownership of the copyright and other intellectual property rights in the specific Generated Images created by the Services.
License Grant to Client: Subject to your compliance with these Terms and payment of all applicable fees, Brandkraft.ai grants you a non-exclusive (unless exclusivity is offered/paid for), royalty-free license to use, reproduce, display, and create derivative works of the specific Generated Images delivered to you solely for the purpose of marketing and promoting your business and products depicted therein. This license is granted according to the terms outlined herein

Responsibility: You are solely responsible for ensuring that your use of the Generated Images complies with all applicable laws and regulations and does not infringe third-party rights (e.g., ensuring the depicted style doesn't infringe existing trade dress, using appropriate model releases if applicable). You acknowledge AI may generate images that resemble existing works unintentionally; Brandkraft.ai provides no warranty against infringement for Generated Images.

8. Fees and Payment

Fees: Access to and use of certain features of the Services require payment of fees, which may be based on subscription plans, usage credits, or per-image generation, as detailed on our Site or in a separate service agreement. All applicable fees will be clearly disclosed to you.
Billing: You agree to provide current, complete, and accurate purchase and account information. You authorize us (or our third-party payment processor) to charge your chosen payment method for all fees incurred under your account. Fees are typically billed in advance
Price Changes: We reserve the right to change our fees or billing methods. We will provide reasonable notice of any price increases or significant changes to your subscription terms via email or posting on the Site.
Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying, unless stated otherwise.
Refunds: Refunds for fees incurred may be available on a pro-rata basis if requested within 15 days of the charge. To request a refund, please contact us at [email protected].

9. Disclaimers

THE SITE AND SERVICES, INCLUDING ALL BRANDKRAFT.AI CONTENT AND GENERATED IMAGES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDKRAFT.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, BRANDKRAFT.AI CONTENT, AND GENERATED IMAGES. WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES; (B) THE GENERATED IMAGES WILL MEET YOUR SPECIFIC REQUIREMENTS, BE ACCURATE, COMPLETE, UNIQUE, OR FREE FROM ERRORS; (C) THE GENERATED IMAGES WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE OR COMPLY WITH ALL LEGAL REQUIREMENTS (INCLUDING TRADEMARK, TRADE DRESS, OR COPYRIGHT CLEARANCE); (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT GENERATIVE AI IS A DEVELOPING FIELD AND MAY PRODUCE UNEXPECTED OR UNINTENDED RESULTS. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF GENERATED IMAGES. IT IS YOUR RESPONSIBILITY TO REVIEW GENERATED IMAGES FOR SUITABILITY AND POTENTIAL LEGAL ISSUES BEFORE USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRANDKRAFT.AI INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
ANY GENERATED IMAGES OBTAINED THROUGH THE SERVICES, OR YOUR RELIANCE ON OR USE THEREOF;
ANY CLIENT CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CLIENT CONTENT, OR ACCOUNT; OR
ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BRANDKRAFT.AI INC. AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO BRANDKRAFT.AI FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Brandkraft.ai INC., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including any use of Generated Images or Brandkraft.ai Content other than as expressly authorized herein; (c) your Client Content, including any claim that your Client Content infringes or violates the rights of any third party; or (d) your violation of any applicable laws or regulations.

12. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, if you breach these Terms. We may also terminate or suspend your account for any other reason upon reasonable notice. You may terminate your account and stop using the Services at any time by contacting us at [email protected] or using account cancellation features if available. Upon termination, your right to use the Services will immediately cease. Any fees paid are generally non-refundable unless otherwise stated in Section 8 or required by law. Provisions that by their nature should survive termination shall survive, including Sections 7 (Intellectual Property, ownership/licenses that extend post-termination), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 14 (Miscellaneous). Upon termination, we may delete your account and Client Content according to our data retention practices outlined in the Privacy Policy, subject to legal requirements. Generated Images you have licensed may remain accessible depending on the license terms and our operational practices.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services 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, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in New Castle County, Delaware, unless otherwise agreed. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Class Action Waiver: YOU AND BRANDKRAFT.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy (and any separate Service Agreement or Order Form, if applicable) constitute the sole and entire agreement between you and Brandkraft.ai INC. regarding the Services and supersede all prior understandings or agreements.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
Notices: We may provide notices to you via the email address associated with your account or by posting on the Site. Notices are deemed given 24 hours after email is sent or when posted. You may provide notices to us at the contact information below.
Relationship: No joint venture, partnership, employment, or agency relationship exists between you and Brandkraft.ai as a result of these Terms or your use of the Services.

15. Contact Information

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

Brandkraft.ai INC.
254 Chapman Rd, Ste 209
Newark, DE 19702
[email protected]