Terms & Conditions

1) Eligibility

You must be able to form a legally binding contract to use the Service. If you use the Service on behalf of a business, you represent you have authority to bind that business to these Terms.

2) Accounts and security

You're responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.

3) The Service

BrandStarter provides tools that generate logo concepts and related design outputs using automated systems ("AI"). We may modify, add, or remove features at any time, and we don't guarantee any specific feature, output format, or workflow will remain available.

4) Your content (inputs)

You may submit text, images, prompts, brand names, and other materials ("User Content"). You represent you have all necessary rights to submit User Content and that it does not violate any law or third-party rights.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and use User Content to provide, maintain, secure, and operate the Service.

5) Outputs and ownership

The Service produces generated results ("Outputs"). You own the Outputs you generate, subject to these Terms.

Not unique / not exclusive: Outputs may be similar or identical to outputs generated for other users. We do not guarantee originality or exclusivity.

6) Using inputs and outputs to improve BrandStarter

You agree we may use User Content and Outputs to develop, improve, and maintain the Service (including quality, reliability, and safety improvements).

Please do not submit highly sensitive personal information you wouldn't want processed by automated systems.

7) IP clearance and trademarks (your responsibility)

We do not provide legal advice and do not guarantee Outputs:

• do not infringe third-party rights (copyright, trademark, trade dress, etc.)
• are eligible for trademark registration
• are safe to use commercially in every jurisdiction

You are responsible for reviewing and clearing any Output before commercial use (including trademark searches and/or consulting legal counsel).

8) Acceptable use

You agree not to:

• use the Service for unlawful activity
• submit content that infringes third-party rights
• attempt to reverse engineer, scrape, overload, disrupt, or bypass protections
• use automated methods to extract content at scale without permission
• impersonate others or misrepresent affiliation with any person/brand

We may suspend or terminate access if we believe you violated these Terms or created legal/security/operational risk.

9) Third-party services

The Service may rely on third-party providers (e.g., hosting, analytics, AI infrastructure). We are not responsible for third-party services, and their terms may apply to parts of your experience.

10) Refunds

All sales are final and refunds are not guaranteed.

If you believe there was an issue, you may request a review by messaging @madhawkcristian on X. Any refund, credit, or adjustment is at our sole discretion.

11) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that Outputs will meet your needs.

12) Limitation of liability (3-month cap)

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICE IN THE LAST THREE (3) MONTHS, OR $100, WHICHEVER IS GREATER.

Some jurisdictions don't allow certain limitations, so some of the above may not apply to you.

13) Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

• your use of the Service
• your User Content
• your use of Outputs
• your violation of these Terms or third-party rights

14) Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if continued access poses risk to the Service or others. Provisions that should survive termination will survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute terms).

15) Changes to these Terms

We may update these Terms from time to time. The updated version is effective when posted with a new "Effective date." Continued use after changes means you accept the updated Terms.

16) Governing law and dispute resolution (Utah / SLC)

These Terms are governed by the laws of the State of Utah, USA, without regard to conflict of law rules.

Binding arbitration; class action waiver. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, and not in a class, consolidated, or representative action. You and we waive any right to a jury trial and any right to participate in a class action.

Court fallback for class waiver issues. If a court determines the class action waiver is unenforceable for a particular claim, then that claim must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties consent to personal jurisdiction and venue there.

17) Contact

Questions about these Terms: message @madhawkcristian on X.