Terms of Service
Effective date: January 1, 2025
Please read these Terms of Service (“Terms”) carefully before using BrandShot(“the Service”) operated by BrandShot (“we,” “us,” or “our”). By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part, you may not access the Service.
1. Description of Service
BrandShot is a web-based application that uses artificial intelligence to generate marketing images based on user prompts and brand kit data. The Service is provided on a credit-based model where each generated image consumes one credit.
2. Accounts
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must provide accurate information and keep it up to date. You may not use the Service if you are under 18 years of age.
3. Credits and Payments
- Credits are purchased in advance and consumed at a rate of one credit per generated image. Credits do not expire.
- All payments are processed securely by Stripe. By making a purchase you agree to Stripe's Services Agreement.
- All sales are final. We do not offer refunds for unused credits except where required by applicable law.
- We reserve the right to change credit prices at any time. Price changes will not affect already-purchased credits.
4. AI-Generated Content
The Service uses third-party AI models (including Replicate and associated providers) to generate images. You acknowledge that:
- AI-generated images may occasionally be inaccurate, unexpected, or unsuitable for your intended use. We make no warranty as to fitness for a particular purpose.
- You are responsible for reviewing all generated content before commercial use.
- We grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display images generated by the Service for any lawful commercial or personal purpose.
- You may not use the Service to generate content that is illegal, defamatory, obscene, or infringes on third-party intellectual property rights.
5. User Content
You may upload images (logo, team photos) and other content to the Service (“User Content”). You retain all ownership rights to your User Content. By uploading User Content you grant us a limited license to store, process, and use it solely to provide and improve the Service. We will not sell or share your User Content with third parties except as required to operate the Service (e.g., passing reference images to AI model providers).
6. Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms.
- Attempt to circumvent the credit system or access the Service without payment.
- Reverse-engineer, decompile, or extract the underlying AI models.
- Use automated tools to scrape or abuse the Service at scale.
- Upload content that violates third-party intellectual property rights, including trademarks or copyrighted images you do not have rights to.
7. Data Storage and Privacy
Your account data, brand kit files, and generated images are stored in Supabase cloud infrastructure. Please review our Privacy Policy for full details on how we collect, use, and protect your data.
8. Intellectual Property
The BrandShot name, logo, website design, and underlying software are the intellectual property of BrandShot. Nothing in these Terms grants you any right to use our branding or trademarks.
9. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDSHOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL BRANDSHOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE SIX MONTHS PRECEDING THE CLAIM.
10. Termination
We may suspend or terminate your account at any time for violation of these Terms. You may delete your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately. Unused credits are non-refundable upon termination for cause.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the United States. Any disputes shall be resolved in the courts of competent jurisdiction.
12. Changes to Terms
We reserve the right to update these Terms at any time. We will notify you by email or by posting a notice on the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.
13. Contact
Questions about these Terms? Email us at hello@brandshot.app.