TERMS AND CONDITIONS
1. AGREEMENT WITH OUR LEGAL TERMS
We are BRANDFY SOFTWARE SL, operating under the trade name Brandfy (‘the Company’, “we”, ‘our’). Company registered in Spain, with registered office at Alameda Mazarredo 25-1º, Bilbao, Bizkaia 48009, and Tax ID number ESB19407527.We operate the website https://www.brandfy.ai (the ‘Site’), as well as other related products and services that refer to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).You can contact us by email at hello@brandfy.ai or by post at Alameda Mazarredo 25-1º, Bilbao, Bizkaia 48009, Spain.These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity (‘User’), and BRANDFY SOFTWARE SL, in relation to your access and use of the Services.IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
2. BRANDFY INTELLECTUAL PROPERTY
All intellectual and industrial property rights over the software, algorithms, databases, interfaces, know-how, trademarks, logos and content belonging to Brandfy belong exclusively to BRANDFY SOFTWARE SL or its licensors.The User does not acquire any ownership rights over them, their rights being limited to a personal, non-exclusive, revocable and non-transferable licence to use the platform in accordance with these Terms.Any attempt at reverse engineering, copying, modification, unauthorised exploitation or creation of derivative products will constitute a serious infringement and will entitle Brandfy to take the appropriate legal action.
3. USE OF RESULTS GENERATED BY THE ALGORITHM
The results generated through the use of Brandfy (including names, logos, designs, slogans, graphic or textual assets) are considered content automatically generated by artificial intelligence.Brandfy does not guarantee the originality or exclusivity of such results, nor does it ensure that they are free from coincidences with trademarks, works, distinctive signs or other third-party rights.The User assumes full responsibility for verifying the suitability, originality and legality of the results generated before using them in any commercial context.
4. REGISTRABILITY OF TRADEMARKS AND OTHER SIGNS
Brandfy does not guarantee the registrability of names, logos or trademarks created through the platform in national or international industrial property offices.The User shall be solely responsible for conducting prior art searches, feasibility reports and legal or administrative procedures necessary for registration.Brandfy does not provide legal advice services nor does it replace the work of solicitors or industrial property agents.
5. USER CONTRIBUTIONS
The User declares and guarantees that any content they upload, enter or use on the platform (previous names, logos, images, etc.) is their property or has the necessary licences and authorisations.The User shall hold Brandfy harmless against any third-party claims for infringement of intellectual property rights, industrial property rights, image rights or any other rights related to such content.
6. DISCLAIMER OF WARRANTIES
* The Services and results generated are provided ‘as is’ and ‘as available’, without warranties of any kind, either express or implied.
* Brandfy does not guarantee that the results will be suitable for a specific purpose or that they will meet the User's expectations.
* The User acknowledges that Brandfy acts solely as a technological facilitator, and that it is ultimately up to the User to decide whether to use the results.
7. LIMITATION OF LIABILITY
Under no circumstances shall Brandfy be liable for:Loss of profits, customers, reputation, data or business interruption.Third-party claims related to the originality, exclusivity, registrability or infringement of rights over the results generated.Brandfy's maximum liability to the User, regardless of the cause or nature of the claim, shall be limited to the total amount actually paid by the User in the three (3) months prior to the event giving rise to the claim.
8. INDEMNITY
The User agrees to defend, indemnify and hold harmless Brandfy, its employees, directors and collaborators against any claim, demand, proceeding, penalty, damage or expense (including legal fees) arising from:The User's use of the Services or the results generated.Any breach of these Terms.Any third-party claim regarding the originality, exclusivity, registrability or infringement of intellectual or industrial property rights.
9. NON-EXCLUSIVITY OF RESULTS
The User acknowledges and accepts that, due to the way the technology works, Brandfy may generate similar results for different users, without this conferring any right of exclusivity over such outputs.
10. MODIFICATIONS AND AVAILABILITY OF THE SERVICEBrandfy may modify, suspend or remove any functionality or feature of the Services without prior notice and without giving rise to any right to compensation.
11. JURISDICTION AND DISPUTE RESOLUTION
These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the courts and tribunals of Bilbao (Bizkaia, Spain), without prejudice to the inalienable rights of consumers.
12. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and you will be responsible for all use of your account and password.We reserve the right to delete, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
13. PURCHASES AND PAYMENT
We accept the following payment methods: StripeYou agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiry date, so that we can complete your transactions and contact you when necessary.Sales tax will be added to the price of purchases where we deem it necessary. We may change prices at any time. All payments shall be made in US dollars.You agree to pay all charges at the prices in effect at the time of your purchase, as well as any applicable shipping fees, and you authorise us to charge such amounts to your chosen payment provider at the time you place your order.If your order is subject to recurring charges, you agree that we may charge your payment method on a recurring basis without requiring your prior approval for each charge, until you cancel the relevant order.We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by distributors, resellers, or wholesalers
14. CANCELLATION
You may cancel your subscription at any time through the platform or by contacting us using the contact details provided below. Your cancellation will take effect at the end of the current paid period.If you are dissatisfied with our Services, please email us at hello@brandfy.ai.
15. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavour except those specifically endorsed or approved by us.As a user of the Services, you agree not to:Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.Deceive, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information, such as user passwords.Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Services and/or the Content contained therein.Discredit us, tarnish our reputation, or cause harm to us and/or the Services, in our opinion.Use any information obtained from the Services to harass, abuse or harm another person.Misuse our support services or submit false reports of abuse or misconduct.Use the Services in a manner inconsistent with any applicable law or regulation.Participate in unauthorised framing or linking to the Services.Upload or transmit (or attempt to do so) viruses, Trojan horses, or other materials, including excessive use of capital letters and spam (continuous posting of repetitive text), that interfere with the uninterrupted use and enjoyment of the Services by anyone, or that modify, impair, interrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Services.Engage in any automated use of the system, such as using scripts to post comments or messages, or using data mining, robots, or similar data gathering and extraction tools. Remove the copyright notice or other proprietary rights notice from any Content.Attempt to impersonate another user or person or use another user's username.Upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear gifs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘PCMs’).Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Services.Attempt to circumvent any measure of the Services designed to prevent or restrict access to the Services, or any part of the Services.Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript or other code.Except as permitted by applicable law, decrypt, decompile, disassemble or reverse engineer any software that is part of the Services.Except as a result of standard use of search engines or Internet browsers, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.Use a purchasing agent or intermediary to make purchases on the Services.Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any commercial or revenue-generating endeavour.Sell or otherwise transfer your profile.
16. CONTRIBUTION LICENCE
You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).By submitting suggestions or other comments about the Services, you agree that we may use and share such comments for any purpose without compensation to you.We do not claim any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and expressly agree to hold us harmless and refrain from taking any legal action against us with respect to your Contributions.
17. MANAGEMENT OF SERVICES
We reserve the right, but not the obligation, to:monitor the Services to detect violations of these Legal Terms;take appropriate legal action against any person who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to the competent authorities;at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically possible) any of your Contributions or any part thereof;at our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; andotherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time or for any reason, at our sole discretion, without prior notice. However, we are under no obligation to update any information on our Services.We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays or errors.We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason, without prior notice.You agree that we shall have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption of the Services.Nothing in these Legal Terms shall be construed as an obligation on our part to maintain and support the Services or to provide corrections, updates, or releases in connection therewith.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information.We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time without prior notice.
20. DISCLAIMERTHE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE WILL NOT BE LIABLE FOR:errors, mistakes, or inaccuracies in content and materials;personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;any unauthorised access to or use of our secure servers and/or any personal and/or financial information stored therein;any interruption or cessation of transmission to or from the Services;any errors, viruses, Trojan horses or other similar items that may be transmitted to or through the Services by third parties, and/orany errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Services. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, any linked website or any mobile application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third-party product or service providers.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX-MONTH PERIOD (6) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:your use of the Services;your breach of these Legal Terms;any breach of your representations and warranties set forth in these Legal Terms;your violation of the rights of a third party, including, without limitation, intellectual property rights; orany manifestly harmful act towards any other user of the Services with whom you have connected through the Services.Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.We will use reasonable efforts to notify you of any claim, action or proceeding to which this indemnity is subject upon becoming aware of it.
23. USER DATA
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services.Although we perform routine backups of data, you are solely responsible for all data that you transmit or that is related to any activity you have performed using the Services.You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending us emails and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communications be in writing.YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.You hereby waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
25. MISCELLANEOUS PROVISIONS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision.These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time.We shall not be liable for any loss, damage, delay or failure caused by any cause beyond our reasonable control.If any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions.No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.You agree that these Legal Terms shall not be construed against us because we drafted them.You hereby waive all defences you may have based on the electronic form of these Legal Terms and the lack of signature by the parties to execute these Legal Terms.
26. CONTACT
For any queries or complaints regarding these Terms and Conditions:
BRANDFY SOFTWARE SL
Alameda Mazarredo 25-1º
Bilbao, Bizkaia 48009, Spain