These Terms of Service (“Terms”) apply to all visitors and users (“Users” or “you”) who access our website, mobile application, or use our services (collectively, the “Services”). The Terms are necessary to protect both you and us, and to ensure that Brandset can provide a reliable and efficient platform.Brandset provides a wide variety of tools and features, and some sections below may not apply to every specific service you use.1. Introduction1.1 Our PurposeOur Services allow Users to easily create and manage a professional online presence, promote their business, content, and ideas, and enjoy the process—even if they have no technical, marketing, or design background.We provide tools that enable Users to build and publish websites, newsletters, galleries, video players, applications, and other online and mobile solutions. All websites and online/mobile platforms created by Users are collectively referred to in these Terms as “User Platforms.”1.2 Legal AgreementThese Terms of Service, together with any additional terms that may apply to specific features or services made available by Brandset (collectively, the “Brandset Terms”), constitute a binding and enforceable agreement between you and Brandset Website Builder Ltd., including all its affiliates and subsidiaries worldwide (“Brandset,” “we,” or “us”).By accessing, registering for, or using any of the Services, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy. If you do not agree, you must immediately stop using the Services.1.3 User AccountTo access and use the Services, you must first register and create a Brandset account (“User Account”). User Accounts may be created directly through the Brandset site or through an authorized reseller under a separate agreement with Brandset (“Reseller Agreement”).If you register or purchase Services through a reseller (a “Reseller User”), these Terms still govern your relationship with Brandset. Any agreement between you and a reseller is in addition to, and not a replacement for, these Terms.1.4 Account Access, Roles & PermissionsYou may invite others to your User Account and User Platforms, granting them specific roles and permissions to perform certain actions. These individuals are referred to as “Contributors.”If anyone other than you (including a Contributor) accesses your User Account or User Platform settings, they may be able to perform actions available to you as the account owner. All actions performed in your account will be deemed as having been performed by you, whether authorized or not.Therefore, you agree to:Keep your login credentials confidential.Only grant account access to people you trust.Remain solely responsible for all activities performed in your account and platforms.

1.5 Account OwnershipThe person or entity whose email address is listed in Brandset’s records as the owner of a User Account will be considered the legal owner of that User Account and all associated User Platforms.In case of any ownership dispute, Brandset reserves the right to determine the rightful owner at its sole discretion, regardless of whether an independent investigation is conducted.2. User Obligations2.1 User Representations and WarrantiesBy using the Services, you represent and warrant that:Age & Authority

You are at least eighteen (18) years old, or the age of majority in your jurisdiction.You have the full legal right, authority, and capacity to enter into these Terms, either for yourself or on behalf of the person or entity you represent.

Sanctions & Compliance

You are not a resident of, and will not use or distribute the Services in, any country or region subject to U.S. embargoes or trade restrictions.You are not listed on any restricted parties list, including the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List (SDN List), or equivalent sanctions lists maintained by the U.S., U.K., or any other jurisdiction.No sanctioned party owns or controls 50% or more of your entity.You agree not to use the Services for or on behalf of any sanctioned party.

You agree to indemnify Brandset for any losses, penalties, or legal costs arising from false representations regarding your compliance with sanctions laws.

Accuracy of Information

Your country of residence (or incorporation, if applicable) is the same as stated in your contact and billing information provided to Brandset.You will provide accurate, current, and complete information when creating your User Account and during your use of the Services.

No Legal Advice

You understand that Brandset does not provide legal advice regarding your use of the Services, including your compliance with applicable laws. You are solely responsible for ensuring your use of the Services complies with all applicable laws and regulations.

User Content

You own all rights in any content uploaded, published, or otherwise made available by you through the Services, including but not limited to: designs, images, animations, videos, audio files, fonts, logos, code, algorithms, APIs, databases, illustrations, compositions, works of art, interfaces, usernames, text, and other materials (“User Content”).You have all necessary rights, licenses, and permissions to use, import, copy, publish, display, distribute, or license such User Content, and to grant Brandset the license set forth in these Terms.Your User Content is accurate, not misleading, and does not violate any rights of third parties, including intellectual property, privacy, or publicity rights.You have obtained all consents and authorizations required by applicable laws for publishing or transmitting any personal information or likenesses contained in your User Content.

Contributor Accounts

If you act as a Contributor to another User Account, you must also create your own User Account and are bound by these Terms.

2.2 User CommitmentsYou agree to:Compliance: Fully comply with all applicable laws and regulations in your jurisdiction and those of your end users.Responsibility: Be solely responsible for any activity on your User Account and User Platforms, and for all User Content uploaded, transmitted, or published.Backups: Regularly back up all User Content and related data independently.Communications: Receive communications and marketing messages from Brandset or its partners, unless you opt out.Promotional Use: Grant Brandset a perpetual, worldwide, royalty-free license to use screenshots or versions of your User Platform for marketing, portfolio, and promotional purposes.Service Delivery: Accept that Brandset determines, in its sole discretion, the means, formats, and methods of providing the Services (including hosting, publishing, and displaying User Content).Plan Restrictions: Accept that Brandset may offer Services under different pricing plans and may impose different limitations (e.g., storage, bandwidth, traffic, content size, subscriber limits).

2.3 Prohibited ActivitiesYou agree not to:Copy, modify, reverse engineer, translate, decompile, disassemble, or create derivative works of the Services or any licensed content, without Brandset’s prior written consent.Use illegal means (e.g., phishing, malware) to collect login details, payment data, or other sensitive information.Publish or use the Services or Licensed Content in any way that harms Brandset’s reputation.Register or purchase domains, keywords, or pay-per-click ads using Brandset’s name, trademarks, or variations thereof.Interfere with or violate the rights of other Users, including privacy rights, or collect personal data without explicit consent.Circumvent or bypass security measures, probe or test system vulnerabilities, or overload Brandset’s infrastructure.Use the Services to provide continuous video streaming or act primarily as a file storage solution.Scrape or crawl the Services beyond permitted public interfaces.Sell, license, or commercially exploit the Services or Licensed Content without express permission.Remove or alter any copyright, trademark, or proprietary rights notices from the Services.Use the Services for competitive analysis or to build competing products.

3. Intellectual Property3.1 User Intellectual PropertyAs between you and Brandset, you retain full ownership of all intellectual property rights in your User Content and any other material you create, upload, connect, or otherwise make available through the Services. Brandset does not claim ownership over your User Content.By using the Services, you grant Brandset and its affiliates a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to:Host, store, copy, distribute, transmit, publicly display, and publicly perform your User Content;Modify, reformat, or otherwise adapt your User Content for technical purposes (such as ensuring display across devices, training machine learning models, backups, or performance optimization);Use your User Content as necessary to operate, improve, and promote the Services.

This license is strictly limited to the purposes of operating, providing, and improving the Services (the “Purpose”).You acknowledge and agree that Brandset may use cloud infrastructure, content delivery networks (CDNs), and third-party processors to carry out the above activities.3.2 Brandset Intellectual PropertyAll rights, title, and interest in and to the Services (including all related intellectual property) remain the exclusive property of Brandset and its licensors.This includes, without limitation:Designs, artwork, graphics, images, templates, widgets, interfaces, and user experience elements;Source code, object code, HTML, software, algorithms, APIs, and databases;Audio, music, video, animations, and other media assets;Trademarks, service marks, trade names, logos, domain names, and other brand identifiers;Methods, business logic, tools, data models, advertising technologies, and proprietary know-how.

All such intellectual property (collectively, “Brandset IP”) is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.Except as expressly permitted under these Terms, you are granted only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services and Licensed Content solely to build, display, and operate your User Platform.These Terms do not grant you:Any ownership interest in Brandset IP,Any right to sublicense, resell, or exploit the Services commercially beyond what is explicitly authorized,Or any right to reverse engineer or copy Brandset’s platform.

4. PrivacyCertain aspects of the Services (including third-party integrations available through the Services) require the collection, use, and/or processing of personal information.By using the Services, you acknowledge and agree that:Brandset may collect, access, store, and use personal information relating to you and your end users, as described in our [Privacy Policy];Brandset and third-party providers may collect browsing activity, usage data, and other interactions with the Services and User Platforms;You are responsible for informing and obtaining all legally required consents from your end users regarding data collection and processing through your User Platform.

We encourage you to review our Privacy Policy regularly, as well as the privacy policies of any third-party services you use through Brandset.5. AI ServicesAs part of the Services, Brandset may provide access to artificial intelligence and machine learning tools (“AI Tools”) that help generate or manage content for your User Platform, as well as AI-powered features you can enable for your own end users (“AI Products”). Collectively, these are referred to as “AI Services.”5.1 Input and OutputYou and your end users may provide prompts, data, or other input (“Input”) into the AI Services.Based on that Input, the AI Services may generate text, images, or other content (“Output”).

5.2 Nature of Outputs and AccuracyYou acknowledge that AI technology is probabilistic and may generate unpredictable results. Accordingly:Outputs may not meet your needs, expectations, or intended use.Outputs may be inaccurate, incomplete, offensive, biased, unlawful, or infringe third-party rights (including intellectual property or privacy).Outputs may not be unique; other users may generate identical or similar Outputs.

Brandset does not guarantee, endorse, or assume liability for the accuracy, legality, or quality of any Output.5.3 Your ResponsibilityYou are solely responsible for reviewing Outputs before publishing, transmitting, or displaying them.You decide, at your own discretion, whether an Output is suitable for your purposes.You must inform your end users, if required by applicable law, about the nature and limitations of AI-generated Outputs.You remain responsible for ensuring all use of AI Outputs complies with applicable law.

5.4 Ownership of Input and OutputInputs you provide are considered User Content under these Terms.Outputs you use, publish, or display are also treated as User Content.Between you and Brandset, Brandset does not claim ownership of AI Outputs, except for any pre-existing Brandset IP incorporated into them.

5.5 License to BrandsetTo the extent required by law, you grant Brandset a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to:Access, process, and use your Inputs and Outputs (and those of your end users) to operate, maintain, and improve the Services;Review Inputs and Outputs for compliance with applicable law and these Terms;Provide such Inputs and Outputs to trusted third-party service providers or subcontractors as necessary to deliver the AI Services.

5.6 Third-Party AI ServicesBrandset may integrate with or rely on third-party providers to deliver AI functionality. Your use of such services may also be subject to those providers’ terms.6. Fees and Payments6.1 Paid ServicesSome Services require payment of fees (“Paid Services” and “Fees”). By subscribing to or purchasing Paid Services, you agree to:Billing

Brandset will notify you of the applicable Fees at the time of purchase.All Fees must be paid in advance and are billed in U.S. Dollars unless otherwise specified in writing by Brandset.

Pricing Changes

Brandset reserves the right to change its Fees at any time, in its sole discretion.If pricing changes affect your existing subscription, Brandset (or your reseller, if applicable) will notify you in advance.

Promotions & Discounts

Any promotional or discounted Fees apply only for the period explicitly stated.Once that period ends, your subscription will automatically renew at the standard rate unless canceled.

Taxes & Additional Charges

All Fees are exclusive of applicable taxes (e.g., VAT, sales tax, GST, or other duties).You are responsible for all applicable taxes and for verifying any additional charges from third parties (e.g., international transaction fees, currency exchange rates, bank fees, or credit card fees).If Brandset is required to collect or pay taxes on your behalf, such amounts will be added to your invoice.

Payment Authorization

By providing payment information, you authorize Brandset (directly or through affiliates, subsidiaries, or authorized third parties) to charge your designated payment method.You authorize Brandset to obtain updated payment details from your provider (e.g., new expiration dates or replacement cards).

Saved Card Requirement

You must maintain at least one valid credit card on file (“Saved Card”) to pay for recurring subscriptions purchased directly from Brandset.The Saved Card will be automatically charged for each billing cycle unless you cancel before renewal.

License to Use

Payment grants you a non-transferable, limited license to access the Services in SaaS format.Access is maintained only while your account remains in good standing.If payment is overdue, Brandset may suspend or terminate your access.

Custom Website Development Exception

If you purchase a custom website package valued at $1,000 USD or more, you may continue using the site without an active Brandset subscription, provided you pay a monthly hosting fee of $29 USD (adjusted annually based on IGP-M or equivalent index).Payment must be made exclusively by credit card.The source code remains the sole property of Brandset and cannot be downloaded or hosted externally under any circumstances.Failure to pay the hosting fee will be deemed default, and services may be interrupted within seven (7) days.

6.2 InvoicesBrandset (or its affiliates) will issue electronic invoices for all payments or refunds.Invoices will reflect the country listed in your billing address and will be available through your User Account and/or email.To issue invoices compliant with local law, you may be required to provide additional personal or business information.

6.3 Automatic Renewal of SubscriptionsTo avoid service interruptions, Paid Services renew automatically by default:Subscriptions renew for the same term as the initial subscription (monthly, annual, etc.), unless canceled in advance.Brandset will attempt to charge your Saved Card one (1) to two (2) weeks before the renewal date.If payment fails, Brandset may retry, suspend, or terminate your account.For annual or multi-year subscriptions, Brandset will notify you at least 30 days before renewal.You may disable auto-renewal at any time in your User Account settings.

You remain solely responsible for ensuring timely renewal. Brandset is not liable for any loss of access, data, or functionality due to cancellation or failed renewal.6.4 Money-Back GuaranteeIf you are not satisfied with your first purchase of a Premium Plan, you may cancel within seven (7) days of the order date for a full refund.Refunds are not available for subsequent purchases, upgrades, renewals, add-ons, or third-party services (e.g., domains, apps).Refunds will be issued in the same currency used for the original payment, but Brandset is not responsible for differences caused by currency fluctuations or third-party fees.If Brandset determines that a refund request is made in bad faith or to avoid legitimate charges, Brandset reserves the right to deny the refund.6.5 ChargebacksAny chargeback or reversal of payment is considered a breach of your payment obligations.In such cases, Brandset may immediately suspend or terminate your account and all associated User Platforms, without the option to repurchase or reuse them.All data, domains, applications, or third-party services associated with the account may be canceled and lost permanently.To restore access, you must repay all outstanding Fees, plus any costs incurred by Brandset or third parties due to the chargeback (including processing and legal fees).Brandset reserves the right to dispute and reverse any chargebacks, providing evidence to financial institutions that the transaction was authorized and services were delivered.7. Cancellation7.1 Cancellation by UserYou may cancel your User Account or any Paid Services at any time through the cancellation process available in your User Account.Cancellation of a Paid Service becomes effective at the end of the current subscription period.To avoid renewal and billing for the next term, cancellations must be submitted at least 14 days before the renewal date.If you purchased Services through a reseller, cancellation must be handled directly with that reseller, under the terms of your agreement with them.

7.2 Cancellation by BrandsetIf you fail to comply with these Terms (including payment obligations), Brandset may suspend or terminate your User Account and User Platforms, as well as any related Paid Services or third-party services.

If you purchased through a reseller, Brandset may suspend or terminate your account if: (a) the reseller requests it, or (b) the reseller fails to pay Brandset amounts due under their agreement.

7.3 Loss of Data and CapacityCancellation of your account may result in the permanent deletion of your User Content, User Platform, data of end users, domains, and any other capacity associated with your account (“Loss of Capacity”).Brandset has no obligation to maintain backups or restore any lost data after cancellation.Reactivation of an account may require payment of additional Fees.7.4 Copyright ComplaintsBrandset complies with the Digital Millennium Copyright Act (DMCA).If you believe your copyrighted work has been used without authorization, you may submit a DMCA notice through our contact forms, including:

Contact details of the authorized copyright representative.Description of the copyrighted work allegedly infringed.Description and URL of the infringing material.A good-faith statement that the use is not authorized by the copyright owner, agent, or law.A statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

8. Warranty DisclaimerThe Services are provided “as is,” “with all faults,” and “as available.”Brandset makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, or compliance with laws.Brandset does not guarantee that the Services will be uninterrupted, error-free, secure, or compatible with your devices, systems, browsers, or software.Brandset does not endorse or guarantee any third-party services made available through the platform.Certain Services may be offered in BETA form. By using Beta Services, you acknowledge they may contain bugs, interruptions, or unexpected behavior, and you accept all risks.

Brandset may (but is not obligated to) monitor, edit, or remove any User Content or User Platform at its discretion.Under no circumstances shall Brandset be deemed the “publisher” of User Content, nor shall it endorse or be liable for content uploaded or distributed by Users or third parties.You acknowledge that use of the Services carries inherent risks, including but not limited to:Exposure to inaccurate, offensive, or unlawful content;Misrepresentations by third-party services;Violations of rights, warranties, or contracts by Users or third parties.

You assume all risks related to interactions, transactions, or reliance on content generated or published through the Services.9. Limitation of LiabilityTo the maximum extent permitted by law:Brandset, its directors, officers, employees, affiliates, agents, and licensors shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to:

Errors, inaccuracies, bugs, or defects in any content.Personal injury or property damage related to your use of the Services.Unauthorized access to or use of Brandset’s servers, personal information, or other stored data.Interruptions, delays, or failures in transmission.Use, publication, or display of User Content or any third-party content.Loss of profits, revenue, goodwill, data, or other intangible losses.Events outside Brandset’s reasonable control, including internet failures, power outages, strikes, labor disputes, riots, civil unrest, shortages of labor or materials, natural disasters, acts of terrorism, governmental actions, or force majeure events.

Brandset’s total liability for any claim arising out of or relating to these Terms or the Services shall be limited to the greater of (a) the amount you paid to Brandset in the 12 months preceding the event giving rise to the claim, or (b) USD $100.

These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, etc.), even if Brandset was advised of the possibility of such damages.You agree that these limitations are a fundamental allocation of risk and are a material basis of the bargain between you and Brandset.10. IndemnificationYou agree to defend, indemnify, and hold harmless Brandset, its directors, officers, shareholders, employees, affiliates, and agents from and against any and all claims, damages, liabilities, losses, costs, debts, or expenses (including reasonable attorneys’ fees) arising from:Your Breach – Any violation of these Terms or other applicable Brandset policies.Your Content – Any claim that your User Content infringes or misappropriates third-party rights, including intellectual property, privacy, or publicity rights.Your Use – Any misuse of the Services by you or your end users, including violations of law.Third-Party Claims – Any claim brought by your end users or third parties in connection with your User Platform, products, or services.

11. General Provisions11.1 Changes and UpdatesBrandset reserves the right to modify, suspend, or discontinue any of the Services (or any part thereof, including pricing) at any time, with or without notice.If changes require additional Fees, you will be notified in advance. If you do not agree to the new Fees, Brandset may:Cancel your User Account, orAllow you to continue with existing Services without the changes, at its sole discretion.

11.2 Governing Law and JurisdictionThese Terms, and any disputes or claims arising from them or from the Services, shall be governed exclusively by the laws of Brazil, without regard to conflict of law principles.You agree that any dispute shall be resolved exclusively by the courts located in Bento Gonçalves, Brazil. The United Nations Convention on Contracts for the International Sale of Goods does not apply.Subject to applicable law, all disputes must be brought individually and not as a plaintiff or class member in any class, consolidated, or representative action.11.3 NoticesBrandset may deliver notices by:Displaying them within the Services (via banners, pop-ups, or dashboards).Emailing the address provided in your User Account.Communicating through your reseller (if applicable).Phone, SMS, or physical address provided by you.

Notices are deemed received within 24 hours of posting or sending.11.4 Relationship of the PartiesThese Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Brandset.11.5 Entire AgreementThese Terms, together with the Privacy Policy and any additional legal notices, constitute the entire agreement between you and Brandset, superseding all prior agreements, whether written or oral.11.6 AssignmentBrandset may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your rights without Brandset’s prior written consent. Any unauthorized assignment will be null and void.If your reseller agreement is transferred to Brandset, your continued use of the Services will be subject to these Terms, and you agree to provide any necessary billing information.11.7 SeverabilityIf any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.11.8 Portfolio UseBy using Brandset’s website, landing page, and bio link creation services, you grant Brandset an irrevocable, worldwide, non-exclusive license to display, reproduce, and showcase your User Platform for portfolio and promotional purposes, even after termination of your account.
12. Force MajeureBrandset shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to:Natural disasters, floods, fires, or earthquakes;Strikes, labor disputes, or shortages of labor/materials;Power outages or internet failures;Government actions or regulations;Acts of war, terrorism, or cyberattacks;Pandemics or public health emergencies.

During such events, obligations may be suspended for the duration of the disruption.13. AI Monthly CreditsSome subscription plans include monthly credits for use of AI-based features (“AI Credits”).AI Credits renew monthly and do not roll over unless explicitly stated in a promotional offer.Once credits are exhausted, certain AI functionalities may be limited until the next renewal cycle or until you purchase additional credits.Brandset reserves the right to adjust AI Credit allocations at any time, with notice.