Welcome to brand.ai! Please read these Terms of Use and our Privacy Policy available here (collectively the "Terms") carefully, as you agree that you consent to these Terms by your use of this website and brand.ai's services, as described further below.
These Terms of Use are entered into by and between you and Access to Tools Inc. ("Company," "we," "our," or "us"), and they govern your access to and use of our website (the "Platform") and the services we offer through our website (collectively, the "Services").
Please read the Terms carefully before you start to use the Platform and the Services. By using the Platform and the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Platform or any Services , but please get in touch with us so we can try to help .
These Terms remains in full force and effect while you use the Platform and/or our Services. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes. The date of last modification is stated above at the beginning of the Terms of Use.
The Platform is a centralized database for your organization to develop and refine its branding. Your organization's authorized users can upload information to the Platform about the organization and its products and services, and then the Platform uses this information to identify opportunities in the data for the organization to use in its branding. Drafts, discussions, analyses, and ideas are all stored in the Platform, so your organization's users can easily collaborate and develop valuable brand assets for the organization, with the assistance of the Platform's intelligent reasoning and categorizations.
The Platform helps users find opportunities in their data, but it does not control what data users upload to the Platform, how users interpret or implement the opportunities identified, or the final decisions of users related to the organization's branding and marketing. The Platform does not take the place of human decision-making, and instead is a tool for collaboration and identifying opportunities in data.
Platform users are solely responsible for how they interact with and interpret information on and from the Platform, including for all effects, uses, and impacts of any information or results from the Platform. The Platform and the Company do not guarantee an outcome or result, including but not limited to, customer satisfaction or the successful release of a product or branding campaign.
Authorized users within an organization have the ability to upload information and data to the Platform, and the Platform Services are based on this third party information. We do not confirm, check, or otherwise verify any information uploaded to the Platform by users, and perform the Services using the information and data solely as provided by third party users. Therefore, we do not warrant the accuracy, completeness, or usefulness of any information on the Platform or obtained through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents.
Additionally, the Platform includes content posted or provided by third parties that users may use for research, information, and comparison purposes. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We reserve the right to withdraw or amend the Platform, and any Services or materials we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users.
To access the Platform and the Services it offers, you will be required to provide certain registration details. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
By creating an account, you also consent to receive electronic communications from us (e.g., via email, text message, or by posting notices to the Platform). These communications may include operational notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Depending on your role, you may be charged fees for your use of the Platform and the Services. You will be clearly notified before incurring any charges through the Platform.
The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.
The Platform may contain message boards, chat boxes, personal profiles, forums, collaborative design and communication areas, and other interactive features (collectively, "Interactive Services") that allow users to upload, post, submit, publish, display, or transmit (hereinafter, "post") content or materials (collectively, "User Contributions") to other users in their organization on or through the Platform.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary with regard to other users in your organization. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, copy, modify, create derivative works of, publicly display, distribute, and otherwise disclose such User Contribution to provide the Platform and its Services to you and your organization, and otherwise in accordance with our Privacy Policy and these Terms of Use.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Other than the license rights under "User Contributions" above, no ownership or other intellectual property rights shall transfer as a result of posting any User Contributions to the Platform. However, the Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) other than User Contributions ("Company IP") are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your organization's internal, non-commercial use only, subject to the following restrictions:
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at luthien@archetypelegal.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Additionally, you agree not to:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Platform may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (hereinafter "External Services").
We do not have or maintain any control over External Services and are not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, we do not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information, or services provided by such External Services. We disclaim any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against us with respect to the content or operation of any External Services.
External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by us with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CONTENT, DATA, INFORMATION, MATERIALS, AND RESULTS OBTAINED FROM THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ARE RESPONSIBLE FOR INDEPDENTLY VERIFYING ALL RESULTS AND FOR ALL RELIANCE PLACED ON ANY INFORMATION OBTAINED FROM THE PLATFORM AND THE SERVICES.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
ALTHOUGHT NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR RELIANCE ON THE CONTENT OR RESULTS OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE COMPANY;
(B) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(C) ANY CHANGES THAT WE MAY MAKE TO THE PLATFORM, THE SERVICES, OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY US OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(E) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(F) YOUR FAILURE TO PROVIDE US WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;
(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE PLATFORM, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE; OR
(I) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESES, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO US AS SOON AS POSSIBLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US, AND THAT THE COMPANY'S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Company, 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 your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
At the Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
You agree that we may terminate your account at any time for your violation of any of the provisions of these Terms of Use.
Similarly, you may terminate the Service sat any time by discontinuing your use of any and all parts of the Platform and our Services and providing us with notice of termination by emailing us at support@brand.ai. Upon the termination of your account, either by you or us, your access to the Platform shall immediately terminate. We may retain copies of your data upon the termination of your account on backup media. Please see our Privacy Policy for more information about your personal information.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Access to Tools Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
The Platform is property of Access to Tools, Inc., a Delaware corporation, d/b/a brand.ai. For general information about the Platform, these Terms of Use, or anything else, you can contact us at support@brand.ai.
Michael Carter, Representative
Michael Carter, Data Protection Officer