Terms & Conditions

1. Acceptance of These Terms

These Terms & Conditions ("Terms") form a legally binding agreement between you and Brands.live ("Brands.live", "we", "us" or "our") and govern your access to and use of our websites, web application, mobile applications, APIs, AI tools, templates and related services (together, the "Services") in the United States.

By creating an account, clicking "I agree", purchasing a subscription, or otherwise using the Services, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy and Refund Policy, which are incorporated by reference. If you do not agree, do not use the Services.

If you use the Services on behalf of a business or other organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization.

PLEASE READ SECTION 20 (DISPUTE RESOLUTION AND ARBITRATION) CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

2. Key Definitions

Account

The profile you register to access the Services, including any workspace or Brand Hub associated with it.

User Content

Anything you upload, submit, connect or create with the Services, such as logos, product photos, text, brand assets, prompts and business information.

Output

Images, videos, captions, designs, websites or other material generated by the Services, including through AI features, in response to your inputs.

Templates

Pre-designed graphics, videos, layouts, fonts, music, stock media and other creative assets we make available.

Connected Accounts

Third-party accounts you link to the Services, such as Instagram, Facebook, Google Business Profile or YouTube.

Subscription

A paid plan that grants access to premium features, credits or usage limits for a recurring billing period.

3. Eligibility and Accounts

• You must be at least 18 years old, or the age of majority in your state, to create an account or purchase a Subscription.
• The Services are not directed to children under 13. We do not knowingly collect personal information from children under 13 in accordance with the Children's Online Privacy Protection Act (COPPA). If you believe a child has provided us data, contact us and we will delete it.
• You must provide accurate, current and complete registration information and keep it up to date.
• You are responsible for safeguarding your login credentials, one-time passwords and devices, and for all activity under your Account. Notify us immediately of any unauthorized access.
• You may not use the Services if you are barred from doing so under US law, are located in a US-embargoed country, or appear on any US government restricted-party list.

4. Description of the Services

Brands.live is a design and marketing platform that helps businesses create and publish branded content. Depending on your plan, the Services may include:

• A library of editable Templates for social posts, stories, flyers, festivals and promotions.
• AI tools such as text-to-image, background removal and replacement, image expansion, shadows, retouching, product photography and staging, virtual models, logo generation and caption writing.
• Brand Hub features that store your logos, colors, fonts and business details for automatic branding.
• Scheduling and publishing to Connected Accounts, plus analytics on post performance.
• A website builder, Google Business Profile management and live chat or support tools.

We continuously improve the Services and may add, modify or retire features at any time. If we remove a material paid feature during your billing period, we will provide reasonable notice or a prorated remedy where required by law.

5. Subscriptions, Billing and Automatic Renewal

Plans and pricing

Plan features, credit allowances, download limits and prices are shown at checkout and on our pricing page. All prices are in US dollars unless stated otherwise and exclude applicable sales, use or similar taxes, which we will collect where required.

Automatic renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL) AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE UNTIL YOU CANCEL.

• You can cancel at any time from your account settings, through the app store you purchased from, or by emailing us. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• For annual plans, we will send a reminder before renewal where required by state automatic-renewal laws.
• If we change the price of your Subscription, we will notify you in advance and the new price will apply from your next renewal. You may cancel before the change takes effect.

Free trials and promotions

If you start a free trial, you will be charged when the trial ends unless you cancel before then. Promotional discounts, coupon codes and Spin-the-Wheel rewards are one per user, non-transferable, have no cash value, and may be subject to additional stated conditions and expiry dates.

Payments

Payments are processed by third-party payment processors or app stores (such as Stripe, Apple App Store or Google Play). Purchases made through an app store are also governed by that store's terms, and refunds for those purchases must be requested from the store. You authorize us and our processors to charge your selected payment method for all fees incurred.

Refunds

Except as required by law or described in our Refund Policy, fees are non-refundable and we do not provide refunds or credits for partially used billing periods or unused credits.

6. Credits, Usage Limits and Fair Use

• Certain features, especially AI generation, consume credits or are subject to daily, monthly or per-plan limits. Limits are shown in your account or at the point of use.
• Unused credits do not roll over unless your plan expressly states otherwise, and they have no cash value.
• We may apply rate limits, queueing or throttling to protect platform stability.
• Automated, scripted or bulk use that materially exceeds normal usage for your plan, or attempts to bypass limits (for example by creating multiple accounts), may result in suspension.

7. Your Content and License to Us

You retain all ownership rights you have in your User Content. We do not claim ownership of your logos, photos, brand assets or business information.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resize or reformat), display and transmit your User Content solely to operate, secure, support and improve the Services and to publish content to Connected Accounts at your direction. This license ends when you delete the content or your Account, except for copies retained in routine backups for a limited period, or as required by law.

We will not use your User Content in our public marketing or to train third-party foundation AI models without your consent. We may use aggregated and de-identified usage data to improve the Services.

You represent and warrant that you own or have all necessary rights, licenses and consents (including from any people appearing in images) to upload your User Content and to grant the license above, and that your User Content does not infringe or violate anyone's rights or any law.

8. AI Features and Generated Output

Our AI features use machine-learning models, some of which are provided by third-party vendors. By using them you acknowledge the following:

• Ownership of Output. As between you and us, and to the extent permitted by law, we assign to you any rights we hold in Output you generate, subject to your compliance with these Terms. Under current US Copyright Office guidance, purely AI-generated material may not be eligible for copyright protection, so we cannot guarantee that you can register or enforce exclusive rights in Output.
• Similarity. AI models may produce Output that is similar or identical to Output generated for other users. Exclusivity is not guaranteed.
• Accuracy. Output can be inaccurate, incomplete or unexpected. You are responsible for reviewing Output, including captions, product claims, prices and offers, before publishing.
• Compliance. You are responsible for ensuring your use of Output complies with law, including FTC rules on advertising, endorsements and disclosures, and with platform policies that may require labeling AI-generated or altered media.
• Restrictions. You may not use AI features to create content that impersonates real people without consent, depicts real people in a false or sexual manner, constitutes deceptive deepfakes, infringes third-party intellectual property, or violates Section 10 (Acceptable Use).
• Inputs. Prompts and uploaded images may be processed by our AI vendors under confidentiality and data-protection obligations solely to generate your Output.

9. Templates and Licensed Assets

Templates and the fonts, illustrations, stock photos, music and other assets within them are owned by Brands.live or its licensors. While your Subscription is active (or for free assets, while you comply with these Terms), we grant you a non-exclusive, non-transferable, revocable license to customize Templates and use the resulting designs to promote your own business or your clients' businesses.

You may not:

• Resell, sublicense, redistribute or share Templates or assets on a stand-alone basis, or as templates, print-on-demand items or stock content, whether modified or not.
• Use Templates or assets in a logo or trademark registration, unless the asset was generated by you through our logo tool and contains no third-party licensed elements.
• Extract assets to build a competing template library, dataset or AI training set.
• Use assets in a way that is defamatory, misleading or implies endorsement by a person or brand depicted.

Designs you publish during an active Subscription may remain published after cancellation, but you may not create new designs from premium Templates once your Subscription ends.

10. Acceptable Use

You agree not to use the Services to:

• Violate any applicable federal, state or local law or regulation.
• Upload or generate content that is illegal, sexually explicit, exploits minors, promotes violence or hate, harasses others, or is defamatory or fraudulent.
• Infringe intellectual property, publicity or privacy rights of others.
• Send spam or unsolicited messages, or violate the CAN-SPAM Act or the Telephone Consumer Protection Act (TCPA).
• Make false or deceptive advertising claims, including fake reviews or testimonials.
• Upload malware, or probe, scan, overload or attempt to bypass the security or rate limits of the Services.
• Reverse engineer, decompile, scrape, crawl or otherwise extract source code, models, Templates or data except as permitted by law.
• Access the Services through automated means not provided by us, or resell or white-label the Services without written permission.
• Use the Services to build or benchmark a competing product.

We may, but are not obligated to, monitor content. We may remove content or restrict accounts that we reasonably believe violate these Terms.

11. Connected Accounts and Third-Party Services

When you connect a third-party account, you authorize us to access and act on that account through the provider's official APIs (using OAuth tokens) to the extent needed for the features you use, such as publishing posts, reading insights or managing a business listing. You can revoke access at any time from your account settings or from the provider's security settings.

• Your use of Connected Accounts remains subject to each provider's terms, including the Meta Platform Terms, Instagram Terms of Use, Google Terms of Service and Google Business Profile policies.
• Our YouTube features use YouTube API Services. By using them you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), and Google's Privacy Policy (https://policies.google.com/privacy) applies.
• You are solely responsible for content published to your Connected Accounts, including scheduled posts.
• Third-party providers may change or discontinue their APIs at any time. We are not responsible for failed, delayed or altered posts, lost analytics or account actions taken by those providers.

The Services may contain links to third-party websites or integrations. We do not control and are not responsible for third-party services, and your use of them is at your own risk.

12. Electronic Communications and SMS

You consent to receive communications from us electronically, including by email, in-app notifications and SMS. You agree that all agreements, notices and disclosures we provide electronically satisfy any legal requirement that they be in writing, consistent with the federal E-SIGN Act.

If you provide a mobile number, you agree to receive one-time passwords and account-related text messages. Marketing texts will only be sent with your separate consent. Message and data rates may apply. Reply STOP to opt out or HELP for help.

13. Our Intellectual Property and Feedback

The Services, including software, AI models and pipelines, interfaces, designs, Templates, trademarks and logos, are owned by Brands.live or its licensors and are protected by US and international intellectual property laws. Except for the limited licenses expressly granted in these Terms, no rights are transferred to you.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation to you.

14. Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To report infringement, send a notice to [email protected] with the subject line "DMCA Notice" that includes:

• Your physical or electronic signature.
• Identification of the copyrighted work you claim is infringed.
• Identification of the allegedly infringing material and information reasonably sufficient for us to locate it (such as a URL).
• Your name, address, telephone number and email address.
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

If your content was removed and you believe it was a mistake, you may submit a counter-notice in accordance with the DMCA. We will terminate the accounts of repeat infringers in appropriate circumstances.

15. Privacy and Data Security

Our Privacy Policy explains how we collect, use and share personal information, and describes rights available to residents of states with consumer privacy laws, such as the California Consumer Privacy Act (CCPA/CPRA). We use industry-standard technical and organizational safeguards, including encryption in transit, but no system is completely secure.

If you use the Services to process personal information of your own customers (for example, contacts in live chat or leads), you are responsible for providing required notices and obtaining required consents, and you act as the business or controller of that data.

16. Suspension and Termination

• You may stop using the Services and delete your Account at any time from your account settings.
• We may suspend or terminate your access, with or without notice, if you materially breach these Terms, create risk or legal exposure for us or other users, fail to pay fees, or if required by law.
• Upon termination, your licenses end and we may delete your User Content after a reasonable retention period. Export anything you want to keep before closing your Account.
• Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification and dispute resolution) will survive.

17. Disclaimers

THE SERVICES, TEMPLATES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDS.LIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT OUTPUT WILL BE ACCURATE OR UNIQUE, OR THAT USE OF THE SERVICES WILL ACHIEVE ANY PARTICULAR BUSINESS, MARKETING OR ENGAGEMENT RESULT.

Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDS.LIVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US $100).

These limitations apply to all theories of liability and do not limit liability that cannot be limited under applicable law, such as liability for gross negligence, willful misconduct or fraud where such limitation is prohibited.

19. Indemnification

You agree to defend, indemnify and hold harmless Brands.live and its affiliates, officers, employees and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from (a) your User Content, (b) content you publish using the Services or to Connected Accounts, (c) your violation of these Terms or of any law, or (d) your infringement of any third-party right.

20. Dispute Resolution and Arbitration

Informal resolution first

Before filing a claim, you agree to contact us at [email protected] with a description of the dispute and try to resolve it informally for at least 30 days.

Class action and jury trial waiver

YOU AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

30-day opt-out

You can opt out of this arbitration agreement by emailing [email protected] with the subject "Arbitration Opt-Out", your name and account email within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

21. Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page and change the "" date. For material changes, we will give at least 15 days' notice by email or in-app message before they take effect. Your continued use of the Services after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Services and cancel your Subscription.

22. General Terms

• Entire agreement. These Terms, together with the policies referenced in them, are the entire agreement between you and us regarding the Services.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of hosting, AI or social-platform providers.
• Export controls. You agree to comply with US export control and sanctions laws in your use of the Services.
• California users. Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.