TERMS OF SERVICES

Last updated on July, 28, 2023

Welcome to myBrandgen.com . These Terms of Service ("Terms") govern your use of the services, features, content, and applications offered by myBrandgen ("we", "us", or "our") on our website located at myBrandgen.com ("Website"). By accessing, browsing, or purchasing products from our Website, you ("Customer", "you", or "your") are entering into a binding agreement with us and signify that you have read, understood, and agree to be bound by these Terms, along with any other applicable laws and regulations. Our commitment to you is to continuously strive to provide innovative solutions, but it is equally essential for our users to understand the boundaries and constraints of our service. The following sections will elucidate the terms of our engagement, the responsibilities we owe to you, and what we expect in return. Please take a moment to thoroughly read through these Terms before using our Website. If you disagree with any part of these Terms, you should discontinue your use of the myBrandgen service.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or customers’ Personal Information has been disclosed to unrelated third-parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the customer as a result of the breach or if notice is otherwise required by law. When we do we will send you an email.

Content

You submit information to our Services ("Input") and will receive data generated by our Services based on this Input ("Output"). Both Input and Output are termed "Content." Given that laws permit, you retain ownership of all Input. As long as you adhere to these Terms, myBrandgen transfers to you all rights and claims in and to the Output. This permits you to utilize Content for any objective, encompassing commercial activities like selling or publishing, as long as you abide by these Terms. myBrandgen reserves the right to utilize the Content to sustain the Services, adhere to relevant laws, and impose our guidelines. It's your responsibility to manage the Content, ensuring it neither breaches any laws nor these Terms.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your customer account and personal data will likely be among the assets transferred.

Restrictions

(i) Use our Services in any manner that infringes or jeopardizes any individual's or company's rights;
(ii) Attempt to uncover the source code or foundational elements of the Service's models, algorithms, or systems by any means such as decompiling or reverse engineering (unless prohibited by law);
(iii) Utilize outputs from the Services to create models in competition with us;
(iv) Extract data or outputs from the Services through automated methods like scraping, except as allowed via our API;
(v) Trade, purchase, or sell API keys without our prior approval;
(vi) Forward to us personal details of minors below the age of 13 or the relevant digital consent age. Furthermore, users must adhere to any rate limits and abide by our set guidelines and documentation.

Limitation of Liability

While we strive to provide a high-quality service and maintain the integrity of our platform, it's important to understand and acknowledge that our website, including any tools, features, or content provided, is offered "as is" and "as available". Under no circumstances shall our website, its affiliates, employees, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or the inability to use, our platform. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Use of generated content

While our website provides a generative tool designed to assist users in various capacities, it's important to note that we cannot be held responsible for the specific uses or applications of the generated content by our users. The generator is a tool, and like any tool, its use is subject to the discretion, judgment, and responsibility of the individual user. As such, any consequences, outcomes, or ramifications resulting from the use of the generated content lie solely with the user, and not with our website or its developers.

Affiliation Disclosure

myBrandgen delegates the purchase and registration of web domains to various third-party companies. As an affiliate, we may receive commissions on certain purchases made through the links on our Site. As such, any interactions and/or engagements with that redirected website or service are solely between the user and that third-party entity. myBrandgen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that myBrandgen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such redirected websites or services. By using our Site, you acknowledge and accept this practice.

Refund Policy

Given the inherently creative nature of our AI-driven generation process, we cannot guarantee that every output will align perfectly with your vision. However, if you find that the output is clearly not matching with the input parameters you provided, we are committed to making it right. We offer a review process in which our team will assess your claim. If we determine that the output did not meet reasonable expectations based on your input and that the prompt guidelines were followed, we will provide a full refund in the form of credits to your account.

Changes and amendments

We reserve the right to modify this terms of services policy relating to the Website at any time, effective upon posting of an updated version of our Terms of Services on the Website. When we do we will revise the updated date at the top of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of our Terms of Servicesy

You acknowledge that you have read our Terms of Services and agree to all its terms and conditions. By using the Website you agree to be bound by our Terms of Services. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website.

Contacting us

If you have any questions about this Policy, please contact us by email in the contact section.