Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and No Half Cakes ("Company," "we," "us," or "our") concerning your access to and use of the BrandKit service and website (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to change or modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. You may cancel your account at any time through your account settings.

4. Subscription and Billing

4.1 Subscription Plans

BrandKit offers subscription-based access to the Service. Subscription details, including pricing and features, are available on our pricing page. We reserve the right to modify our subscription plans and pricing at any time with reasonable notice.

4.2 Payment Terms

By subscribing to BrandKit, you agree to pay all applicable fees for your chosen subscription plan. Payments are processed through Stripe, our third-party payment processor. You authorize us to charge your payment method on a recurring basis according to your subscription plan.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee for your plan.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by law.

4.5 Failed Payments

If a payment fails, we may suspend your access to the Service until payment is successfully processed. We reserve the right to terminate your account if payment issues are not resolved within a reasonable time.

5. Intellectual Property Rights

5.1 Service Content

The Service, including its software, design, text, graphics, logos, and other content (excluding your User Content), is owned by No Half Cakes and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

5.2 Your Content

You retain all ownership rights to the brand content, logos, designs, and other materials you upload or create using the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, display, and process your User Content solely to provide and improve the Service.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that your User Content does not infringe on the intellectual property rights of any third party.

5.3 AI-Generated Content

Content generated by our AI features based on your inputs is considered part of your User Content, and you retain ownership rights to it. However, you acknowledge that AI-generated content may not be unique and similar content may be generated for other users.

5.4 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use such feedback for any purpose without compensation to you.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity or falsely represent your affiliation
• Collect or harvest personal information from other users
• Use the Service for any illegal, harmful, or fraudulent purpose
• Reproduce, distribute, or create derivative works from the Service
• Use automated means to access the Service without our permission
• Remove or alter any copyright, trademark, or other proprietary notices

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including terminating accounts and reporting to law enforcement.

7. Third-Party Services

The Service may integrate with or contain links to third-party services, including:

• Stripe for payment processing
• Supabase for data storage and authentication
• OpenAI for AI content generation
• Unsplash for stock photography

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, policies, or practices of third-party services and do not endorse or assume any responsibility for them.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

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, secure, or free from viruses or other harmful components. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

8.2 AI-Generated Content

AI-generated content, including recommendations from AI Advisors, is provided for informational and creative purposes only. We do not warrant the accuracy, completeness, or suitability of AI-generated content for any particular purpose. You are solely responsible for reviewing and determining the appropriateness of any AI-generated content before using it.

AI-generated business strategies, recommendations, and advice do not guarantee any particular business results. Implementation of any AI-generated suggestions is at your sole risk and discretion.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO HALF CAKES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

8.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless No Half Cakes, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content

10. Dispute Resolution

10.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at success@nohalfcakes.com and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

10.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

10.3 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Nassau County, New York, and you consent to the personal jurisdiction of such courts.

10.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

14. Export Controls

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations and will not export, re-export, or transfer the Service to prohibited countries or individuals.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and No Half Cakes regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time without notice to you.

18. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: