Terms of Service | Brand Context

1. Acceptance of Terms

By accessing or using Brand Context (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

2. Eligibility

You must be at least 16 years of age to use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Description of Service

Brand Context is a SaaS platform that utilizes Generative AI (currently powered by the Google Gemini API) to create marketing materials grounded in user-provided brand guidelines (tone, colors, audience, regulatory constraints). We reserve the right to change or update the underlying AI providers at any time without prior notice.

Brand Context Grounding: All AI-generated outputs are grounded in your specific Brand profile stored in our system to ensure identity consistency.
Credit System: Service usage is metered via credits purchased or provided through subscriptions. Each generation task consumes a specific amount of credits.

4. User Accounts

To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

5. Subscriptions, Payments, and Credits

Subscription fees and credit costs are detailed on our Pricing page. All payments are processed by our Merchant of Record, Creem, who acts as the seller for all transactions. By purchasing a subscription or credits, you also agree to Creem's terms of service. Brand Context reserves the right to update pricing and credit policies at any time with reasonable notice. Credits are non-refundable and non-transferable unless required by law.

6. Refund Policy

Brand Context provides a SaaS platform with immediate access to digital credits and AI generation capabilities. Due to the nature of digital goods and the immediate costs incurred by our AI processing partners, we operate under the following refund policy:

No Refunds for Used Credits: Once credits are consumed for AI generations, they are non-refundable.
Subscription Cancellations: You can cancel your subscription at any time. Your access will remain active until the end of the current billing period, but no partial refunds will be issued for the remaining time.
EU/UK Consumer Rights: If you are a consumer in the EU or UK, you have a 14-day right to cancel your subscription under the Consumer Contracts Regulations. However, by using the service (e.g., performing your first AI generation), you explicitly request immediate performance and acknowledge that you lose your right of withdrawal once the digital content is provided or used.
Technical Failures: If a generation fails due to a verified technical error on our platform and credits were deducted, please contact support at [email protected] for a credit restoration.

7. Intellectual Property

User Content: You retain ownership of any brand logos, texts, and website URLs you upload to the Service. By using the Service, you grant us a limited, non-exclusive license to use these materials solely for the purpose of generating content for you.

Generated Content: You own the commercial rights to the outputs generated by Brand Context. However, you acknowledge that AI-generated content may not be unique and that similar outputs may be generated for other users with similar inputs.

Platform: All rights, title, and interest in the Service itself (including its design, code, and branding) remain the exclusive property of Brand Context.

8. AI Use and Content Disclaimer

All content provided by the Service is generated using third-party Generative AI technology (currently Google Gemini API). Brand Context does not guarantee the accuracy, completeness, or suitability of any AI-generated output.

Accuracy: AI may generate inaccurate, misleading, or incorrect information. You are solely responsible for reviewing and verifying all outputs before use.
Regulatory Compliance: It is your responsibility to ensure that generated content complies with your specific industry regulations, advertising standards, and local laws.
No Professional Advice: AI-generated content does not constitute legal, financial, medical, or any other form of professional advice.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Service, you consent to the practices described in our Privacy Policy.

10. Prohibited Conduct

You may not use the Service to generate illegal, harmful, threatening, abusive, defamatory, or copyright-infringing content. Any attempt to disrupt the technical integrity of the platform (including scraping, reverse engineering, exploiting vulnerabilities, or circumventing usage limits) is strictly prohibited. Violation of this section may result in immediate account termination without refund.

11. Content Safety and NSFW Prohibition

Brand Context strictly prohibits the generation of sexually explicit, pornographic, nude, or otherwise NSFW (Not Safe For Work) content through any of its AI-powered tools, including but not limited to image generators, video generators, and text generators.

Explicit Content: You may not use the Service to create, distribute, or promote sexually explicit, pornographic, or nude material of any kind.
Content Filters: Our platform employs content safety filters and moderation systems on all AI generation tools. Any attempt to bypass, circumvent, or disable these filters is a serious violation of these Terms.
Prohibited Prompts: Submitting prompts designed to produce NSFW outputs — including through indirect phrasing, encoded language, or adversarial techniques — is strictly prohibited.
Enforcement: Violation of this section will result in immediate account termination without refund and may be reported to relevant authorities where applicable.

12. Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in conduct that we reasonably believe is harmful to the Service, other users, or third parties. Upon termination, your right to use the Service ceases immediately. Any unused credits at the time of termination for cause are forfeited.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Brand Context shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or business opportunities) arising out of your use of the Service. Our total aggregate liability shall not exceed the amount paid by you to Brand Context in the 12 months preceding the claim. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

14. Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes taking effect. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the revised Terms.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey. Any disputes arising from or relating to these Terms or your use of the Service shall be submitted to the exclusive jurisdiction of the courts of Turkey. If you are a consumer in the EU, you may also be entitled to use the European Online Dispute Resolution platform.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

17. Contact Information

If you have any questions regarding these Terms, please contact us at: [email protected]