Brandblast

Brandblast Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Application Services operated by Brandblast ("us", "we", or "our").

The "Application Services" (the "Service") shall mean the online, web-based applications and programming interfaces under Brandblast.ai. Brandblast also maintains open-source SDKs provided under the MIT License as a means of accessing the Service through mobile-applications. A "usage" shall mean a specified amount tied to each transaction-complete event.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Usage Based Billing

Some parts of the Service are billed on a usage basis. You will be billed based on usage from the previous Billing Cycle. Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or Brandblast cancels it. You may cancel at any time either through your online account management page or by contacting Brandblast customer support team.

A valid payment method, including credit card, is required to process the payment. You shall provide Brandblast with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize Brandblast to charge all usage fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Brandblast will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Brandblast may, at its sole discretion, offer a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Brandblast until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel, you will be automatically charged for the applicable usage fees.

Users are permitted to register for and use only one (1) Free Trial. Creating multiple accounts or using different credentials to obtain additional Free Trials is strictly prohibited. Any attempt to circumvent Free Trial limitations, including but not limited to:

Creating multiple accounts
Using different email addresses or billing information
Manipulating account information
Using virtual private networks (VPNs) or other technical means to disguise identity

shall constitute a violation of these Terms and may result in immediate termination of all associated accounts and forfeiture of any accumulated credits or benefits.

Brandblast reserves the right to verify user identity and enforce Free Trial limitations through technical and other means.

At any time and without notice, Brandblast reserves the right to:

Modify the terms and conditions of the Free Trial offer
Cancel such Free Trial offer
Deny Free Trial access to any user or group of users
Take appropriate legal action against users who systematically abuse Free Trial provisions

Fee Changes

Brandblast, in its sole discretion and at any time, may modify the usage fees. Any usage fee change will become effective at the end of the then-current Billing Cycle.

Brandblast will provide you with a reasonable prior notice of any change in usage fees to give you an opportunity to terminate before such change becomes effective. Your continued use of the Service after the usage fee change comes into effect constitutes your agreement to pay the modified usage fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Brandblast on a case-by-case basis and granted in sole discretion of Brandblast.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property and User Content

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Brandblast and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brandblast.

License to Use Your Content

By creating, uploading, posting, or otherwise making available any content through the Service, you grant Brandblast a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content for the purposes of:

Operating, providing, and improving the Service
Marketing and promoting Brandblast and the Service, including but not limited to:
- Showcasing examples of content created using the Service
- Featuring user-generated content in promotional materials, advertisements, and case studies
- Displaying content on our website, social media channels, and other marketing platforms
- Using content in presentations, demos, and sales materials
Developing new features and functionality

This license continues even after you stop using the Service. You represent and warrant that you have all necessary rights, permissions, and authority to grant this license and that your content does not violate any third-party rights or applicable laws.

While Brandblast may use your content for marketing purposes, we will make reasonable efforts to avoid displaying content that includes sensitive or confidential business information. If you do not wish for specific content to be used for marketing purposes, please contact us at compliance@brandblast.ai.

Indemnification

You agree to defend, indemnify and hold harmless Brandblast and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Brandblast shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Brandblast is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement.

Limitation Of Liability

In no event shall Brandblast, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Brandblast, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Privacy

Your privacy, and that of your end users, is governed by the policies set forth in our privacy policy.

Contact Us

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

Terms of Service