Terms of Service | Branddi Social

Welcome to Branddi Social ("we," "our," or "us"). By accessing or using our website, services, and applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use our Services.

Branddi Social provides AI-powered social media management services exclusively to businesses and professionals acting in their business or professional capacity ("Business Users"). The Services are not intended for individuals acting as consumers for personal, family, or household purposes.

1. Acceptance of Terms

By creating an account or using our Services, you confirm that you are at least 18 years old, have the legal authority to enter into these Terms, will comply with all applicable laws, and are acting in a business or professional capacity. You agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and Cancellation & Billing Policy, each incorporated herein by reference.

2. Scope of Service

Branddi Social provides access to an AI-powered platform that generates social media content, including videos, scripts, voiceovers, and captions, and publishes them to your connected social media accounts. We make no warranty regarding the quality, accuracy, or legal compliance of any AI-generated content. The Service is considered delivered upon your first successful login.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For material changes that substantially reduce the functionality of a paid feature, we aim to provide at least thirty (30) days' notice. Your continued use following such notice constitutes acceptance.

3. User Accounts

To use the Services, you must create an account. You agree to provide accurate information, keep your credentials secure, and accept responsibility for all activity under your account. You may not share credentials or create multiple accounts to circumvent usage limits.

4. Subscription and Payments

Our Services are offered through subscription plans. By subscribing, you agree to pay all applicable fees, accept automatic renewal at the then-current rate unless cancelled before renewal, and acknowledge price changes with at least thirty (30) days' notice.

ALL FEES ARE NON-REFUNDABLE. No refunds, credits, or prorated amounts will be provided under any circumstances, including dissatisfaction with the Services, failure to use allocated quotas, or account termination for breach of these Terms.

We reserve sole discretion to issue refunds or credits in cases of documented technical failures directly attributable to our Services. Any such remedy shall not establish precedent or future obligation.

You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription remains active until the end of the current billing period. No refunds will be provided.

5. AI-Generated Content

You acknowledge that content produced through the Services is generated by artificial intelligence, not by human creators. Your uploaded content may be transmitted to third-party service providers for processing.

AI-generated content is provided "as is." We make no warranty regarding its accuracy, completeness, fitness for any purpose, or freedom from errors or biases. You are responsible for reviewing all content before publication and ensuring it complies with applicable laws and platform policies in your jurisdiction.

We do not warrant that AI-generated content will not inadvertently resemble or incorporate third-party intellectual property. You are solely responsible for obtaining any necessary clearances or permissions before publishing. AI-generated content does not constitute legal, financial, or professional advice.

6. Intellectual Property

Your Content: You retain ownership of content you upload ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to use your User Content solely for providing the Services during your subscription. This license terminates when your subscription ends.

Generated Content: Subject to your compliance with these Terms, you own the AI-generated outputs produced through the Services. Ownership applies to the extent permitted by applicable law. We retain all rights in our underlying technology, models, and platform. Similar content may be produced for other users with similar inputs.

Platform IP: The Services and all associated content, software, and branding are owned by Branddi Social or our licensors. Nothing in these Terms grants you rights beyond the limited license to use the Services.

7. License to Use the Services

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your subscription. You may not reverse engineer, copy, resell, or use the Services to build a competing product.

8. Acceptable Use

You agree not to use our Services to:

Upload or generate NSFW, violent, or objectionable content
Upload media containing human faces or personally identifiable imagery
Create deepfakes, impersonations, or privacy-violating content
Infringe intellectual property rights or violate third-party platform terms
Scrape, data mine, or bypass rate limits or access controls
Upload malicious code or attempt unauthorized access to our systems
Engage in spam, harassment, fraud, or any illegal activity
Circumvent security mechanisms, usage limits, or create multiple accounts to evade restrictions

9. Third-Party Platforms

The Services depend on third-party platforms and providers. We are not responsible for changes to any third-party APIs, terms, pricing, or availability. You are solely responsible for complying with the terms of any connected platform. We are not liable for actions taken by third-party platforms against your accounts. Branddi Social is not affiliated with or endorsed by any third-party platform.

10. Privacy

Our collection and use of personal information is governed by our Privacy Policy, incorporated herein by reference. By using the Services, you acknowledge that your data may be processed by third-party providers in accordance with their own terms and privacy policies.

11. Sanctions

You may not use the Services from countries or territories subject to U.S. sanctions, or if you are a person or entity subject to U.S. sanctions restrictions. Violation of this section constitutes a material breach and grounds for immediate termination.

12. Disclaimers and Limitation of Liability

The Services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDDI SOCIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

13. Indemnification

You agree to defend, indemnify, and hold harmless Branddi Social and its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of third-party rights; (d) any User Content or Generated Content you publish or distribute.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, government actions, cyberattacks, or third-party service outages. During such events, our obligations shall be suspended to the extent affected.

15. Dispute Resolution

Before initiating any formal proceeding, you must submit a written dispute notice via our Contact Page and allow sixty (60) days for informal resolution. If unresolved, disputes shall be settled by binding arbitration conducted by a single arbitrator in Wilmington, Delaware. The prevailing party may recover reasonable attorney's fees.

You may opt out of arbitration by sending written notice within thirty (30) days of first accepting these Terms. Either party may bring claims in small claims court where applicable.

CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

16. Termination

You may terminate by cancelling your subscription through your account settings. We may terminate or suspend your account immediately if you breach these Terms, engage in harmful conduct, or as required by law. Upon termination, your access ceases and no refunds will be provided. You may request a copy of your data by contacting us within thirty (30) days of termination.

17. General Provisions

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to arbitration, disputes shall be brought in the courts of New Castle County, Delaware.

Severability: If any provision is held unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, Acceptable Use Policy, and Cancellation & Billing Policy, constitute the entire agreement between you and Branddi Social regarding the Services.

Assignment: You may not assign these Terms without our consent. We may assign them freely, including in connection with a merger or acquisition.

Waiver: No failure to exercise any right shall constitute a waiver thereof.

Notices: We may send notices through the Services, our website, or email. Notices to us must be sent via our Contact Page.

Survival: Sections relating to IP ownership, liability, indemnification, dispute resolution, and governing law survive termination.

18. Contact

If you have questions about these Terms, please contact us via our Contact Page.

Branddi Social LLC