Terms & Conditions

1. Definitions

Throughout these terms, the following words have specific meanings:

2. Acceptance of terms

By creating an account, accessing the Platform, or using any part of BrandForge, you agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms referenced herein.

If you are using BrandForge on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms. If you do not agree to these terms, do not use the Platform.

If you access the Platform through a Partner's white-label deployment, you are also subject to the Partner's own terms of service. In case of conflict between these terms and a Partner's terms, these terms govern the relationship between you and BrandForge, while the Partner's terms govern the relationship between you and the Partner.

3. Your account

To use BrandForge, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Keep your login credentials confidential and not share them with others.
• Notify us immediately at support@brandforge.com if you suspect unauthorised access to your account.
• Accept responsibility for all activity that occurs under your account.

You must be at least 16 years of age to create an account. If you are between 16 and 18, you represent that your parent or legal guardian has consented to your use of the Platform.

We reserve the right to suspend or terminate accounts that violate these terms, contain false information, or remain inactive for more than 12 consecutive months on a free plan.

4. The BrandForge service

BrandForge is an AI-powered brand creation platform that enables customers to generate brand identities, logos, websites, social media content, ecommerce stores, print materials, and other brand assets from text prompts and user inputs.

The Platform includes the following modules (availability depends on your Subscription):

• AI Brand Identity — brand naming, logo generation, colour palettes, typography, and brand guidelines.
• AI Website Builder — multi-page website generation with drag-and-drop editing, SEO, and custom domain support.
• AI eCommerce — online store builder with product management, payments, and order tracking.
• Social Media Suite — content generation, templates, scheduling, and multi-platform publishing.
• Web2Print — business cards, stationery, flyers, and branded merchandise generation with print-ready export.
• AI Copilot — natural language interface for refining, editing, and extending all brand assets.
• Domain Services — domain name availability checking and registration through integrated registrar partners.

We continuously improve the Platform and may add, modify, or remove features at our discretion. We will give reasonable notice before removing features that materially affect your use of the service.

5. AI-generated content & ownership

This is an important section. Please read it carefully.

Your inputs

You retain full ownership of all content you provide to the Platform, including text prompts, business descriptions, uploaded images, and configuration choices ("Your Inputs"). By using the Platform, you grant BrandForge a limited, non-exclusive licence to process Your Inputs solely for the purpose of providing the service.

AI-generated outputs

Brand Assets generated by the Platform's AI ("Generated Outputs") are assigned to you upon creation, subject to the following conditions:

• You receive a perpetual, worldwide, royalty-free licence to use, modify, reproduce, and distribute Generated Outputs for any lawful commercial or personal purpose.
• Generated Outputs are created by AI and may not be eligible for copyright protection in all jurisdictions. We make no representation regarding the copyright status of AI-generated content under any specific country's laws.
• We do not guarantee that Generated Outputs are unique. Similar prompts by different users may produce similar results. We do not monitor or prevent this.
• You are responsible for ensuring that your use of Generated Outputs does not infringe on the rights of third parties, including trademarks.

Trademark responsibility

BrandForge does not conduct trademark searches or clearance. If the Platform generates a brand name, logo, or other identifier for your use, it is your responsibility to conduct appropriate trademark searches and ensure your use does not infringe on existing trademarks before commercial use.

Our use of data

We may use aggregated, anonymised data derived from platform usage to improve the service, train our internal systems, and generate benchmarks. We do not use your individual Brand Assets, logos, or business information to train third-party AI models. See our Privacy Policy for full details.

6. White-label & partner terms

For Partners

If you are a Partner (hosting provider, registrar, agency, telco, or other reseller), your use of the Platform is governed by these Terms and your separate Partner Agreement. In case of conflict, the Partner Agreement prevails for matters related to commercial terms, revenue share, and SLAs.

• Partners may rebrand the Platform under their own identity (white-label) as specified in their Partner Agreement.
• Partners are responsible for their own terms of service with End Users.
• Partners act as the data controller for End User personal data. BrandForge acts as a data processor under the Data Processing Agreement (DPA) included in the Partner Agreement.
• Partners may not sublicense, resell, or transfer their white-label access to third parties without written consent from BrandForge.

For End Users of Partners

If you access BrandForge through a Partner's branded platform, your relationship with BrandForge is indirect. Your primary agreement is with the Partner. However, these Terms still apply to your use of the underlying technology. The Partner is responsible for billing, first-line support, and their own privacy practices.

7. Pricing, billing & payments

Subscription plans

BrandForge offers various subscription plans with different features, modules, and usage limits. Current pricing is available at brandforge.com/pricing. All prices are displayed in euros (€) and are exclusive of VAT unless stated otherwise.

Billing cycle

Subscriptions are billed monthly or annually, depending on the plan you choose. Your subscription automatically renews at the end of each billing cycle unless you cancel before the renewal date.

Payment methods

Payments are processed by our third-party payment providers (Stripe and/or Mollie). By providing payment information, you authorise us to charge the applicable fees to your payment method. You are responsible for keeping your payment information up to date.

Price changes

We may change our prices from time to time. If we increase prices for your current plan, we will give you at least 30 days' notice before the new price takes effect. If you do not agree with a price increase, you may cancel your subscription before the new price applies.

Refunds

We offer a 14-day cooling-off period for new subscriptions in accordance with EU consumer protection law. If you are a consumer within the EEA and wish to cancel within 14 days of your first subscription payment, contact us for a full refund. This right does not apply if you have actively used the Platform to generate Brand Assets during the cooling-off period, in which case a partial refund may be offered at our discretion.

Outside the cooling-off period, subscription fees are non-refundable. You may cancel at any time, and your access will continue until the end of your current billing period.

VAT

Dutch VAT (BTW) at the applicable rate is charged to customers within the Netherlands. EU business customers with a valid VAT ID may be eligible for the reverse-charge mechanism. Non-EU customers are not charged VAT.

8. Free tier & trials

BrandForge may offer a free tier or trial period with limited features and usage. Free accounts are subject to these terms and the following additional conditions:

• Free tier features and limits may change at any time without notice.
• We may limit, suspend, or terminate free accounts at our discretion.
• Free accounts that remain inactive for more than 12 months may be deleted, along with associated Brand Assets, after a 30-day notice email.
• Brand Assets created on a free plan are subject to the same ownership terms as paid plans.
• The free tier may include BrandForge branding (e.g. "Powered by BrandForge") on generated outputs. Paid plans remove this branding.

9. Acceptable use

You agree not to use the Platform to:

• Generate content that is illegal, fraudulent, defamatory, obscene, or that promotes violence or discrimination.
• Impersonate another person or entity, or misrepresent your affiliation with any person or entity.
• Create brands, logos, or content that intentionally infringe on the trademarks, copyrights, or other intellectual property rights of third parties.
• Attempt to reverse-engineer, decompile, or extract the source code of the Platform or its AI models.
• Use automated scripts, bots, or scrapers to access the Platform in a manner that exceeds normal usage patterns or circumvents rate limits.
• Interfere with or disrupt the Platform's infrastructure, security, or other users' access.
• Resell access to the Platform without a valid Partner Agreement.
• Use the Platform to generate content for the purpose of training competing AI models.

We reserve the right to suspend or terminate accounts that violate this acceptable use policy, with or without notice depending on the severity of the violation.

10. Intellectual property

BrandForge IP

The Platform — including its design, code, AI models, algorithms, documentation, trademarks, and all associated intellectual property — is and remains the property of CMY.NL B.V. These terms do not grant you any rights to our intellectual property beyond what is necessary to use the service.

Your content

As described in Section 5, you retain ownership of Your Inputs and receive a licence to Generated Outputs. Nothing in these terms transfers ownership of your existing intellectual property to BrandForge.

Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use, modify, and incorporate that feedback into the Platform without any obligation to compensate you.

11. Data protection & privacy

We take data protection seriously. Our processing of personal data is governed by our Privacy Policy, which forms part of these terms.

Key points:

• We comply with the General Data Protection Regulation (GDPR) and applicable Dutch data protection law.
• Our primary hosting infrastructure is in the EU (AWS eu-central-1, Frankfurt).
• Where data is processed outside the EEA, appropriate safeguards (Standard Contractual Clauses) are in place.
• For Partners, we offer a Data Processing Agreement (DPA) as part of the Partner Agreement.
• We do not sell personal data to third parties.

12. Service availability & SLA

We strive to keep the Platform available 24/7, but we do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to:

• Planned maintenance (we will provide reasonable advance notice where possible).
• Unplanned outages, infrastructure failures, or force majeure events.
• Actions by third-party service providers beyond our control.

For Partners on enterprise plans, specific uptime commitments and service level agreements (SLAs) are defined in the Partner Agreement. Standard SLA target is 99.9% monthly uptime, excluding planned maintenance windows.

We are not liable for any losses resulting from service downtime, except as explicitly stated in an applicable SLA.

13. Third-party services

The Platform integrates with and relies on third-party services, including but not limited to AI model providers, payment processors, domain registrars, and cloud infrastructure providers. We are not responsible for the availability, accuracy, or performance of third-party services.

When you use features that connect to third-party services (e.g. domain registration, payment processing, social media publishing), you may also be subject to the terms and privacy policies of those third parties. We encourage you to review them.

Domain registrations facilitated through BrandForge are subject to the terms of the underlying registrar. BrandForge acts as a reseller and is not the registrar of record.

14. Limitation of liability

To the maximum extent permitted by applicable law:

• The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that AI-generated content will be error-free, unique, or suitable for any particular purpose. You use Generated Outputs at your own risk and discretion.
• We do not warrant that the Platform will be uninterrupted, secure, or free of bugs, viruses, or other harmful components.
• Our total aggregate liability to you for any claims arising from or related to these terms or your use of the Platform shall not exceed the total fees paid by you to BrandForge in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, even if we have been advised of the possibility of such damages.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, death, or personal injury caused by negligence, or any mandatory consumer protection rights under EU law.

15. Indemnification

You agree to indemnify, defend, and hold harmless CMY.NL B.V. and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these terms.
• Your use of Generated Outputs in a manner that infringes on the rights of third parties, including trademark infringement.
• Content you provide to the Platform (Your Inputs) that is illegal, defamatory, or otherwise objectionable.
• Your violation of any applicable law or regulation.

This indemnification obligation does not apply to the extent that the claim results directly from BrandForge's breach of these terms or our negligence.

16. Termination & suspension

By you

You may cancel your subscription and close your account at any time from your account settings or by emailing support@brandforge.com. Upon cancellation:

• Your access continues until the end of your current billing period.
• You may export your Brand Assets before the account is closed.
• After account closure, your data is retained for 30 days in case you change your mind, then permanently deleted (except data we are legally required to retain — see Privacy Policy).

By us

We may suspend or terminate your account if:

• You breach these terms, including the acceptable use policy.
• Your payment fails repeatedly and is not resolved within 14 days of notification.
• We are required to do so by law.
• We reasonably believe your account is being used for fraud or other illegal activity.

Where possible, we will give you at least 7 days' written notice before suspension or termination, unless immediate action is necessary to protect the Platform, other users, or comply with law.

Effect of termination

Upon termination, your right to use the Platform ceases. Sections that by their nature should survive termination will survive, including: ownership rights (Section 5), limitation of liability (Section 14), indemnification (Section 15), and governing law (Section 17).

17. Dispute resolution & governing law

These terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising from these terms or your use of the Platform shall be submitted to the exclusive jurisdiction of the competent courts in Rotterdam, the Netherlands.

If you are a consumer in the EU, you may also be entitled to use the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days.

18. Changes to these terms

We may update these terms from time to time. When we make changes, we will:

• Update the "Last updated" date at the top of this page.
• For material changes (e.g. pricing, liability, data handling), we will notify you via email at least 30 days before the changes take effect.
• For minor changes (e.g. clarifications, formatting), we will post the updated terms on this page.

Continued use of the Platform after changes take effect constitutes your acceptance of the updated terms. If you do not agree with a material change, you may cancel your subscription before the change takes effect.

19. Severability & waiver

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. A waiver of any provision shall only be effective if made in writing and signed by an authorised representative of CMY.NL B.V.

20. Contact information

If you have questions about these terms, you can reach us at: