Terms of Use

Interpretation

Words with capitalized initial letters have meanings defined under the conditions below. These definitions apply whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Acknowledgment

These Terms govern your relationship with the Company. By accessing or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

You must be at least 18 years old to use the Service.

Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review it before using Brandly.

Subscriptions and Payments

Our Service offers subscription plans that provide access to premium features. Subscription fees are charged on a recurring basis (monthly or annually) depending on your selected plan.

Automatic Renewal: Subscriptions automatically renew unless cancelled before the next billing cycle. You can cancel your subscription at any time through your account settings or the respective app store.

Payment Processing: Payments are processed through Apple App Store, Google Play Store, or our payment processor RevenueCat. Your payment information is handled according to their respective privacy policies and terms.

Apple Subscription Management: If you purchased via Apple, you can view, manage, or cancel your subscription in your iPhone settings: Settings → [your name] → Subscriptions. For more information, see Apple Support.

Right of Withdrawal for EU/Austrian Consumers

If you are a consumer residing in the European Union or Austria, you have the right to withdraw from subscription purchases within 14 days without giving any reason.

How to withdraw: To exercise your right of withdrawal, you must inform us at hello@getbrandly.app of your decision by email or any other unambiguous statement.

Refunds: If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we receive your withdrawal notice.

Loss of withdrawal right: If you begin using our digital services (AI content generation, premium features) before the 14-day period expires, you lose your right to withdraw, provided that you have given your express consent during the subscription purchase process.

Links to Other Websites

Our Service may contain links to third-party websites or services. We have no control over and assume no responsibility for their content, privacy policies, or practices. You use them at your own risk.

Termination

We reserve the right to suspend or terminate your access immediately and without notice, if you breach these Terms. Upon termination, your right to use the Service will end.

Limitation of Liability

To the maximum extent permitted by law, the Company's total liability will not exceed the amount you paid for the Service, or $100 if you have made no purchases.

We are not liable for indirect or consequential damages, including data loss, lost profits, or service interruptions.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind. We disclaim all express, implied, and statutory warranties, including those of merchantability and fitness for a particular purpose.

We do not guarantee that:

• the Service will function uninterrupted or error-free,
• any content is accurate or reliable,
• the Service or our servers are free of harmful components.

Some jurisdictions do not allow limitations on warranties or liabilities, so parts of this disclaimer may not apply to you.

Governing Law

These Terms are governed by the laws of Austria, excluding conflict of laws rules. You may also be subject to other local, state, or international laws depending on your location.

Dispute Resolution

If you have a dispute with the Service, you agree to first contact us informally at hello@getbrandly.app to attempt resolution before initiating legal action.

EU consumers: EU consumers can also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr/

Austrian consumers: Austrian consumers may contact the Austrian Internet Ombudsman at ombudsmann.at for online disputes.

For European Union Users

If you are a consumer in the EU, you are entitled to any mandatory rights provided by the law of your country of residence, including but not limited to:

• Right of withdrawal (as detailed above)
• Legal warranty rights
• Data protection rights under GDPR
• Consumer protection laws of your country

Nothing in these Terms limits your statutory consumer rights.

United States Legal Compliance

You represent and warrant that:

• You are not located in a country under U.S. embargo or listed as a "terrorist supporting" country.
• You are not on any U.S. government list of prohibited or restricted parties.

Severability

If any provision of these Terms is found to be unenforceable, it will be interpreted to best accomplish its original purpose. The remaining provisions will remain in effect.

Waiver

Our failure to enforce any right or provision shall not be considered a waiver of that right.

Changes to These Terms

We may update these Terms at any time. If changes are material, we will attempt to notify you 30 days before they take effect. Your continued use of the Service after changes take effect constitutes your agreement to the new terms.

Contact Us

If you have any questions about these Terms, you can contact us at: