Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using BrandCanvas AI ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

BrandCanvas AI is an AI-powered platform that generates marketing materials and advertisements by placing user-uploaded product images into various advertising contexts such as billboards, magazines, and other marketing formats.

3. IMPORTANT: Image Rights and User Responsibilities

3.1 Prohibited Content

You are strictly prohibited from uploading:

  • Images of real people without explicit written consent from all individuals depicted
  • Celebrity images, likenesses, or personas without proper authorization
  • Copyrighted images, logos, or branded content that you do not own or have rights to use
  • Trademarked materials or intellectual property of third parties
  • Images containing minors (persons under 18 years of age)
  • Inappropriate, offensive, or illegal content

3.2 User Warranties

By uploading any image, you warrant and represent that:

  • You own all rights to the image or have obtained all necessary permissions
  • You have the legal right to grant us permission to process the image
  • The image does not violate any third-party rights, including but not limited to copyright, trademark, publicity, or privacy rights
  • You have obtained written consent from any individuals depicted in the image

3.3 Disclaimer of Responsibility

BRANDCANVAS AI EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY for any legal issues, claims, or damages arising from your use of images that:

  • Violate publicity rights of individuals (living or deceased)
  • Infringe upon celebrity rights or likenesses
  • Contain copyrighted or trademarked material
  • Violate any third-party intellectual property rights

4. User Accounts and Registration

  • You must provide accurate and complete information when registering
  • You are responsible for maintaining the security of your account
  • You must notify us immediately of any unauthorized use of your account
  • One person or entity may not maintain more than one account

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer or attempt to extract source code from our Service
  • Use the Service to generate content that violates any applicable laws
  • Impersonate any person or entity

6. Intellectual Property Rights

6.1 Your Content

You retain ownership of images you upload. By uploading content, you grant us a limited license to process and generate marketing materials for your use.

6.2 Generated Content

You own the generated marketing materials created from your uploaded images, subject to your compliance with these Terms and applicable laws.

6.3 Our Service

The Service, including its AI technology, algorithms, and software, remains our exclusive property.

7. Payment Terms

Payment terms will be specified when the Service launches. Early access users may receive promotional pricing or free access periods.

8. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE ARE NOT RESPONSIBLE FOR ANY LEGAL CLAIMS ARISING FROM YOUR USE OF UNAUTHORIZED IMAGES
  • YOU ASSUME ALL RISKS ASSOCIATED WITH IMAGE RIGHTS AND PERMISSIONS
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE

11. Indemnification

You agree to indemnify, defend, and hold us harmless from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, publicity, or privacy rights
  • Your use of images without proper rights or permissions

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where BrandCanvas AI is registered, without regard to conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by email or through the Service. Your continued use constitutes acceptance of the modified Terms.

15. Contact Information

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

Email: dhirajkhanna@gmail.com
Subject: Terms of Service Inquiry

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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