Terms of Service

1. Acceptance of Terms

By accessing or using BrandFoundry ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

BrandFoundry is an AI-powered platform that helps fashion and DTC (direct-to-consumer) founders validate product ideas by providing market research, generating ad creatives, and managing Meta advertising campaigns. The Service includes:

• AI-generated market viability analysis and positioning recommendations
• AI-generated ad images, headlines, and copy variants
• Automated campaign structure and A/B testing strategy
• Meta Ads campaign creation, management, and optimization
• Performance tracking and reporting dashboards

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You must be at least 18 years old to create an account and use the Service.

4. User Responsibilities

When using the Service, you agree to:

• Provide accurate product information and descriptions
• Only upload images that you own or have the right to use commercially
• Comply with Meta's advertising policies when launching ad campaigns
• Not use the Service to promote illegal, harmful, or deceptive products
• Not attempt to reverse-engineer, decompile, or disassemble any part of the Service
• Not use the Service in any way that could damage, disable, or impair its functionality
• Maintain valid Meta Ads credentials when using campaign management features

5. AI-Generated Content

6. Ad Campaign Management

7. Meta Platform Integration

The Service integrates with Meta's advertising platform through official APIs. By connecting your Meta Ads account, you authorize BrandFoundry to create, manage, and optimize advertising campaigns on your behalf. You must maintain a valid Meta Ads account and comply with Meta's terms of service and advertising policies. We are not responsible for any actions taken by Meta, including ad account restrictions or policy enforcement.

8. Payment & Fees

BrandFoundry currently offers free access to its core features. Ad spend is billed directly by Meta through your connected ad account — BrandFoundry does not process or charge you for ad spend. We reserve the right to introduce paid plans or features in the future, with reasonable advance notice.

9. Intellectual Property

The Service, including its design, code, features, and branding, is owned by BrandFoundry and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, BrandFoundry and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service. This includes, but is not limited to:

• Losses resulting from AI-generated market research or business recommendations
• Advertising costs incurred through Meta campaigns managed by the Service
• Loss of revenue due to ad campaign performance or optimization decisions
• Service interruptions, downtime, or data loss
• Actions taken by Meta including ad account restrictions or policy enforcement

Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

12. Indemnification

You agree to indemnify and hold harmless BrandFoundry and its operators from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, your violation of any third-party rights, or the content of your advertising campaigns.

13. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately. Any active ad campaigns will be paused. You may request deletion of your data in accordance with our Privacy Policy.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BrandFoundry operates, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.

15. Contact Us

If you have questions about these Terms of Service, please contact us at legal@brandfoundry.app.