Terms of Service

Please read these terms carefully before using our AI-powered marketing research and insights platform. These terms govern your use of BrandSpeak.ai services.

Effective Date

These Terms of Service are effective as of December 23, 2025. We may update these Terms at any time; continued use after changes constitutes acceptance. Material changes will be notified via email or in-app notice.

These Terms of Service ("Terms") govern your access to and use of BrandSpeak.ai (the "Service"), an AI-powered marketing research and insights SaaS platform provided by BrandSpeak ("we," "us," or "BrandSpeak"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing the Service, or clicking "I Agree" (or similar), you accept these Terms. We may update these Terms at any time; continued use after changes constitutes acceptance. Material changes will be notified via email or in-app notice.

2. Description of Service

BrandSpeak.ai is a software-as-a-service (SaaS) platform that uses artificial intelligence to assist with market research, brand analysis, consumer insights, and related marketing tools. The Service provides AI-assisted outputs based on user inputs to support your marketing decisions.

3. Account Registration

You must register an account with accurate information. You are responsible for maintaining confidentiality of your credentials and all activities under your account. Notify us immediately of unauthorized use.

4. Subscription and Payment

  • Access is provided on a subscription basis (free trial, paid plans).
  • Fees are as stated on our pricing page and billed in advance.
  • Subscriptions auto-renew unless canceled.
  • No refunds except as required by law.
  • We may change pricing with notice.

5. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

6. User Restrictions

You agree not to:

  • Use the Service for unlawful purposes or to generate harmful, infringing, misleading, or deceptive content.
  • Reverse engineer, decompile, or attempt to extract source code.
  • Overload or interfere with the Service.
  • Use for competitive analysis or to build a similar product.
  • Share account access beyond authorized users.
  • Input personal data without consent or in violation of privacy laws.

7. AI-Specific Terms

Inputs and Outputs

You retain ownership of your inputs and AI-assisted outputs ("Outputs"), subject to your compliance with these Terms. You grant us a license to use inputs/outputs to provide and improve the Service.

Nature of Outputs

Outputs are AI-assisted suggestions based on patterns in data and may be inaccurate, incomplete, or biased. They are not guaranteed to be correct, reliable, or suitable for any purpose. You are solely responsible for reviewing, editing, verifying, and approving all Outputs before any use, including in marketing materials or business decisions.

Your Responsibility

You bear full responsibility and risk for any use of Outputs. We make no representations or warranties regarding Outputs, and we disclaim all liability arising from them. Do not rely on Outputs as professional advice or factual guarantees.

Training Data

We may use anonymized inputs/outputs to train and improve our AI models, unless you opt out via settings or by contacting support.

8. Intellectual Property

  • The Service, including all software, AI models, and content (excluding your data/Outputs), is owned by us or our licensors.
  • You grant us a perpetual, royalty-free license to use feedback for improvements.
  • Outputs are generated based on your inputs and may incorporate patterns from training data; we make no representations regarding exclusivity or third-party rights in Outputs.

9. User Content and Data

You are responsible for data you input ("Customer Data"). You represent that you have all necessary rights to it. You grant us a license to process it as needed to provide the Service. We will handle Customer Data per our Privacy Policy.

10. Confidentiality and Data Privacy

We treat Customer Data as confidential. See our Privacy Policy for details on data collection and use.

11. Termination

  • You may terminate by canceling your subscription.
  • We may suspend or terminate for breach, non-payment, or if required by law.
  • Upon termination, access ceases; retain data as per plan.

12. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY. AI-ASSISTED OUTPUTS ARE PROVIDED WITHOUT ANY GUARANTEE OF ACCURACY OR RESULTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY YOU IN THE 12 MONTHS PRIOR.

14. Indemnification

You agree to indemnify us against claims arising from your use of the Service, violation of Terms, or issues related to your inputs/Outputs.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA. Disputes shall be resolved through binding arbitration, except for injunctive relief.

16. Miscellaneous

  • Entire agreement with our Privacy Policy.
  • No waiver unless in writing.
  • Severability.
  • Contact: support@brandspeak.ai

Important Note

This adjusted template tones down claims about AI capabilities to reduce risks of ad rejections on platforms like TikTok, Facebook, and Instagram, which scrutinize misleading or exaggerated statements in ads (especially for AI/SaaS products). It emphasizes user responsibility and disclaimers to promote transparency.

This is still a sample—not legal advice. Customize further and have it reviewed by a qualified attorney to ensure compliance with laws and platform policies in your jurisdiction. Platforms may still review your actual ads, landing pages, and creatives separately.