Terms of Service

Who can use the Services

You must be at least 13 years old to use the Services, or older if the law where you live requires it.

If you are under the age of majority where you live (18 in most places), you may use the Services only with the permission of a parent or guardian, who agrees to these Terms on your behalf and is responsible for your use.

If you use the Services on behalf of a company or other organization, you agree to these Terms for that organization and confirm that you have the authority to do so. In that case, "you" includes the organization.

You may not use the Services if the law, including trade sanctions, prohibits you from doing so.

Purchases and payment

Prices are shown at checkout in the currency displayed. Where we have to collect sales tax, VAT or similar taxes, we add them at checkout or include them in the price shown.

When you place an order, you authorize us and our payment processors to charge your payment method for the total shown. You confirm that you are allowed to use that payment method. Payments are handled by our payment processors under their own terms; we do not store full card numbers.

An order is an offer to buy. We may decline or cancel an order, for example if we suspect fraud, the item is no longer available, or the price was obviously wrong. If we cancel an order you have paid for, we refund what you paid.

See Refunds for when you can get your money back.

Digital content

The Services let you buy or access digital content, such as audio, video, books or software. Unless we clearly say otherwise, you get a license to the content, not ownership of it.

When you buy or access a title, we give you a personal, non-exclusive, non-transferable license to stream, download (where offered) and use it for your own non-commercial use through the Services and the apps and devices we support. The license lasts as long as you keep your account, subject to these Terms.

You may not:

• copy, sell, rent, lend, share, broadcast, publicly perform, or redistribute the content;
• upload it to other services or make it available to people outside your account;
• remove copyright notices, watermarks or other markings; or
• get around, disable or interfere with digital rights management or any other technical protection on the content.

Content in the Services is licensed from its creators and rights holders, who own it. Their views are their own, not ours. Rights holders can restrict where a title is available or withdraw it. If a title you have bought is withdrawn, we will try to keep it in your library. If we cannot, we will let you know and, where the law requires it or it is otherwise fair, offer a replacement, credit or refund.

Refunds

Each paid call is a one-time charge for a single generation. Once a generation has been delivered to you, the payment is non-refundable, except where the law requires otherwise. If a paid generation fails or returns an error and nothing is delivered, you are entitled to a refund. For card and Link payments made through Stripe, we usually refund a failed run automatically to your original payment method. If you were charged and did not receive a result, email kevin@brandnamemaker.com with the time of the call and your payment reference (for example the Stripe receipt, the job ID or the blockchain transaction hash) and we will refund you. Refunds go back through the original payment method where possible. Stablecoin payments (for example USDC) cannot be reversed on the blockchain, so we refund them by sending the same amount of the same token to the wallet that paid, or to another address you confirm with us.

To ask for a refund, email kevin@brandnamemaker.com. Nothing in this section limits refund rights you have under consumer protection laws.

EU and UK consumers

If you are a consumer in the European Union or the United Kingdom, you have rights under the mandatory consumer protection laws of the country where you live. Nothing in these Terms takes those rights away, and if anything in these Terms conflicts with them, those laws win.

Right of withdrawal for digital content. You normally have 14 days after buying digital content to cancel without giving a reason. Because digital content is delivered right away, at checkout we ask you to agree that delivery starts immediately and to confirm that you understand you lose this right once you start downloading or streaming. If you have not started downloading or streaming a title, you can cancel within 14 days of buying it by emailing kevin@brandnamemaker.com, and we will refund you.

You can bring a claim in the courts of the country where you live, even if Governing law and venue says otherwise.

Acceptable use

When you use the Services, you agree not to:

• break the law, help anyone else break it, or infringe anyone's intellectual property, privacy or other rights;
• access, collect or extract information or data from accounts that are not yours;
• use bots, scrapers, crawlers or other automated means to access the Services or collect data from them, including to train artificial intelligence or machine learning models, without our written permission;
• get around, disable or otherwise interfere with security features, or probe or test the Services for vulnerabilities without our permission;
• trick, defraud or mislead us or other users, including by making false reports or impersonating someone else;
• upload or send viruses, malware, or tracking technology such as pixels, web bugs or cookies;
• interfere with, disrupt or put an unreasonable load on the Services or the networks connected to them;
• send spam or unsolicited messages through the Services;
• harass, threaten, intimidate or abuse other people, including our staff;
• copy, sell, resell, rent or otherwise exploit any part of the Services without our written permission; or
• reverse engineer or decompile the Services, except where the law allows it despite this restriction.

If you break these rules, we may remove content and suspend or close your account. To report abuse, email kevin@brandnamemaker.com with details of the account, content or behavior and how you found it (links or screenshots help). We will not tell the reported account who reported it.

Our intellectual property

The Services, including the software, design, text, graphics, logos and trademarks, belong to Brandname Maker LLC or our licensors and are protected by intellectual property laws. Content licensed from rights holders belongs to them. Apart from that, you get no ownership rights in the Services by using them.

We give you a limited, personal, non-exclusive, non-transferable and revocable permission to use the Services as these Terms allow. You may not copy or reuse any part of the Services' code, HTML, CSS, JavaScript or visual design, or use our name, logos or trademarks, without our written permission.

Feedback

We love hearing ideas for improving the Services. If you send us feedback or suggestions, we may use them freely, without any obligation or payment to you.

Copyright complaints

If you believe content in the Services infringes your copyright, email kevin@brandnamemaker.com with: the work you believe is infringed; where the content is (a link helps); your name and contact details; and a statement that you are the copyright owner or authorized to act for them and that the information you give us is accurate. We review every complaint and remove infringing content where appropriate.

Third-party services and links

The Services may link to, or let you use, websites and services run by other companies, such as payment processors, embedded videos or booking tools. We do not control them and are not responsible for their content, policies or practices. Their own terms and privacy policies apply when you use them.

Privacy

Our Privacy Policy explains how we collect, use and share personal information when you use the Services. Our Cookie Policy explains how we use cookies and similar technologies, and how to change your choices.

Changes to the Services

We are always improving the Services. We may add, change, suspend or stop any part of them at any time, for example because a feature becomes technically impossible to support, or because we redesign something to make it better.

If we stop offering a paid Service you have paid for in advance, we will give you reasonable notice and refund the unused part of what you paid.

We work hard to keep the Services available, but we do not promise they will always be available or free of interruptions. We may need to take them offline for maintenance, and outages can happen.

Disclaimers

The Services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We build the Services with care, but we cannot promise they will meet your specific needs, or be uninterrupted, secure or free of errors. Like all software, they have bugs. We fix the important ones, especially anything affecting security or privacy, but we do not promise to fix every bug.

Some places do not allow certain warranties to be disclaimed, so some of these disclaimers may not apply to you.

Limitation of liability

To the fullest extent the law allows, Brandname Maker LLC and our affiliates, officers, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or relating to the Services or these Terms. This applies whether the claim is based on contract, tort (including negligence), or any other legal theory, and even if we were told such damages were possible.

Our total liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event giving rise to the claim, or (b) US$100.

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence.

If you are a consumer in the EU or UK, these limits apply only as far as your local law allows. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses.

Indemnity

You agree to defend, indemnify and hold harmless Brandname Maker LLC and our affiliates, officers, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from: your misuse of the Services; your breach of these Terms; or your violation of any law or the rights of others. This does not apply to the extent a claim is caused by our own breach, negligence or misconduct. We will tell you about any such claim promptly.

If you are a consumer in the EU or UK, this section applies only as far as your local law allows.

Governing law and venue

These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Services will be resolved only in the state courts located in Greene County, Missouri, or the United States District Court for the Western District of Missouri, and you and we agree to the personal jurisdiction of those courts.

Most concerns can be sorted out quickly, so please contact us first at kevin@brandnamemaker.com.

If you are a consumer in the EU or UK, you also keep the protection of the mandatory laws of the country where you live and can bring claims in its courts (see EU and UK consumers).

Suspension and termination

You can stop using the Services at any time.

We may suspend or end your access to the Services if you break these Terms, if the law requires it, or if we reasonably need to in order to protect the Services, our users or others. Where it is reasonable, we will tell you first and give you a chance to fix the problem. Verbal, written or other abuse of our staff, including threats, may lead to immediate termination. We may also stop providing the Services to you for any other reason by giving you reasonable notice, and if you have paid in advance, we will refund the unused part.

When your access ends, your right to use the Services ends too. If we close your account for a reason other than your breach of these Terms, we will give you a reasonable chance to download content you bought, where the Services support downloads.

Sections that by their nature should survive termination will survive, including those on intellectual property, disclaimers, limitation of liability, indemnity, governing law and disputes.

Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Services or to the law. The "Last updated" date at the top shows when they last changed.

If a change is material, we will tell you before it takes effect, for example by email or with a notice on our website. If you keep using the Services after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Services.

Changes do not apply retroactively. A dispute that arose before a change is governed by the Terms in effect when it arose.

General terms

• Entire agreement. These Terms, our Privacy Policy, and any terms shown to you when you buy something are the whole agreement between you and us about the Services.
• Severability. If any part of these Terms cannot be enforced, the rest stays in effect.
• No waiver. If we do not enforce a right or provision of these Terms, that does not mean we are giving it up.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours, for example as part of a merger, acquisition or sale of assets.
• Events outside our control. We are not responsible for delays or failures caused by events we cannot reasonably control, such as natural disasters, outages of third-party services, or government action.
• Electronic notices. You agree that we can send you notices electronically, by email or through the Services, and that they meet any legal requirement for notices to be in writing.
• No third-party beneficiaries. These Terms do not give rights to anyone other than you and us.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation."

California users. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

Contact us

If you have questions about these Terms, contact us: