1. Acceptance of Terms

By accessing and using Instant Brand Generator (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Instant Brand Generator is an AI-powered platform that generates brand identity materials including logos, color palettes, typography recommendations, brand guidelines, and other marketing assets. Our Service uses artificial intelligence to create customized brand kits based on your input.

3. User Accounts

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old to create an account
• One person or entity may not maintain more than one account

3.2 Account Responsibilities

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Use of Service

4.1 Permitted Use

• Use the Service for lawful business and personal purposes
• Generate brand materials for your own business or clients
• Download and use generated assets according to your plan's license terms

4.2 Prohibited Use

You may not:

• Use the Service for illegal, harmful, or fraudulent purposes
• Generate content that infringes on third-party intellectual property rights
• Create offensive, discriminatory, or harmful content
• Attempt to reverse engineer, hack, or compromise our Service
• Resell or redistribute our Service without authorization
• Use automated tools to access the Service beyond normal usage
• Generate content that violates any applicable laws or regulations

5. AI-Generated Content

5.1 Nature of AI Generation

• Content is generated using artificial intelligence and may not be completely unique
• Similar prompts may produce similar results for different users
• Generated content should be reviewed for accuracy and appropriateness
• We do not guarantee that generated content will meet your specific needs or expectations

5.2 Content Originality

• While we strive to generate original content, we cannot guarantee complete uniqueness
• You are responsible for ensuring your use of generated content does not infringe on existing trademarks or copyrights
• We recommend conducting trademark searches before using generated names or logos commercially

6. Intellectual Property Rights

6.1 Generated Content Ownership

• Free Tier: Limited license for personal use only
• Basic Tier ($29): Commercial license for generated content
• Pro Tier ($49): Full commercial license with extended rights

6.2 Service Ownership

• Instant Brand Generator retains all rights to our platform, technology, and algorithms
• You may not copy, modify, or create derivative works of our Service
• All trademarks, logos, and service marks displayed on our Service are our property or our licensors'

6.3 User Input

• You retain ownership of the information you provide to generate your brand kit
• You grant us a license to use your input solely for providing the Service
• You represent that you have the right to provide all input information

7. Payment Terms

7.1 Pricing

• Current pricing is displayed on our website and may change with notice
• All prices are in USD unless otherwise stated
• Payment is required before accessing paid features

7.2 Billing

• Payments are processed securely through Stripe
• We do not store your complete payment information
• You authorize us to charge your payment method for applicable fees

7.3 Refunds

See our Refund Policy for detailed refund terms.

8. Service Availability

8.1 Uptime

• We strive to maintain high service availability but do not guarantee 100% uptime
• Scheduled maintenance will be communicated in advance when possible
• We are not liable for service interruptions beyond our reasonable control

8.2 Service Changes

• We may modify, update, or discontinue features with reasonable notice
• Major changes affecting paid features will be communicated to users in advance

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy and AI Usage Policy to understand how we collect, use, and protect your information.

10. Disclaimers

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 AI Limitations

• AI-generated content may contain errors, inaccuracies, or biases
• Generated content should be reviewed and validated before use
• We do not warrant that AI outputs will be free from copyright or trademark issues

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTANT BRAND GENERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Instant Brand Generator and its affiliates from any claims, damages, or expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of any third-party rights
• Your use of generated content in violation of applicable laws

13. Termination

13.1 Termination by You

• You may terminate your account at any time
• Termination does not entitle you to a refund unless specified in our Refund Policy

13.2 Termination by Us

• We may terminate or suspend your account for violation of these Terms
• We may terminate the Service with reasonable notice
• Upon termination, your right to use the Service ceases immediately

14. Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles. Any disputes shall be resolved in the courts of [Your Jurisdiction].

15. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via:

• Email notification to registered users
• Prominent notice on our website
• Updated "Last updated" date on this page

Continued use of the Service after changes constitutes acceptance of the new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information

For questions about these Terms, please contact us:

• Email: legal@instantbrandgenerator.com
• Support: support@instantbrandgenerator.com
• Address: TBD