Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SERVICE, CUSTOMER AGREES TO THESE TERMS OF SERVICE.

These Terms of Service constitute an agreement (this "Agreement") by and between BrandGap.AI Limited, a company registered in England and Wales with company number 17245150 and a registered address at 124 City Road, London EC1V 2NX ("BrandGap.AI"), and the individual, corporation, LLC, partnership, sole proprietorship, or other business entity entering into this Agreement ("Customer").

This Agreement is effective as of the date the Customer first completes a purchase with BrandGap.AI (via an Order or otherwise) or logs into the Service (the "Effective Date"). Customer's use of and BrandGap.AI's provision of the Service (as defined below) are governed by this Agreement.

EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON ENTERING INTO THE AGREEMENT ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON ENTERING INTO THIS AGREEMENT ON CUSTOMER'S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THE

TERMS OF THIS AGREEMENT.

1. Definitions

The following capitalized terms will have the following meanings whenever used in this Agreement:

1.1. "Customer Data"

Information, data, and other content in electronic form that is input, collected, or otherwise received, directly or indirectly, from Customer, or a User by or through the Service. For avoidance of doubt, Customer Data does not include Service Usage Data.

1.2. "Documentation"

BrandGap.AI's standard documentation related to use of the Service.

1.3. "Order"

An online checkout, billing portal action, or written order for access to the Service specifying the plan, currency, billing type, subscription term where applicable, and other checkout or order details. Online purchases are processed through Stripe Checkout or Stripe Billing Portal.

1.4. "Privacy Notice"

BrandGap.AI's Privacy Policy, available at https://brandgap.ai/privacy

1.5. "Service"

BrandGap.AI's competitive brand-intelligence services, including the current public Starter, Project, Studio, and Agency plans, plus any internal Admin Access plan that BrandGap.AI may enable directly.

1.6. "Service Usage Data"

Statistical data and information derived from BrandGap.AI's operation of the Service and use of the Service by BrandGap.AI's customers, including performance results.

1.7. "Term"

As defined in Section 11.1 below.

1.8. "Customer" or "User"

Any individual who uses the Service through an account.

2. The Service

2.1. Use of the Service

During the Term, Customer may access and use the Service pursuant to the terms of any outstanding Order, including such features and functions as the Order requires.

2.2. Service Level Commitments

BrandGap.AI shall use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for:

Planned downtime; Unavailability caused by circumstances beyond BrandGap.AI's reasonable control, including but not limited to force majeure events, internet service provide failures or delays, and denial of service attacks.

2.3. Documentation

Customer may reproduce and use the Documentation solely as necessary to support Users' use of the Service.

2.4. Service Revisions

BrandGap.AI may revise Service features or functions at any time, including without limitation by removing such features or functions. If any such revision to the Service materially reduces features or functionality provided pursuant to an Order, Customer may, upon 30 days' written notice, terminate such Order.

3. Billing and Payment

3.1. Subscription Fee

Customer shall pay the fees shown at checkout, in the billing portal, or in the applicable Order. Eligible refunds are governed by the cancellation and refund terms below. If an analysis reaches terminal failure, BrandGap.AI is designed to refund the consumed analysis quota. Identical completed submissions may be returned from cache without consuming a new analysis.

3.2.

Fees, currencies, taxes, discounts, coupons, renewal terms, and subscription details are shown at checkout or in the billing portal. Unless expressly stated otherwise, published fees are exclusive of applicable taxes and duties. Your bank, card issuer, or payment method provider may charge separate fees that BrandGap.AI does not control.

3.3. Taxes

Customer agrees to be responsible for the payment of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity (collectively, "Taxes"), on any amounts payable by Customer under this Agreement. Unless expressly agreed otherwise, the Subscription Fee is exclusive of any Taxes.

4. Customer Data and Privacy

4.1. Customer Data

Customer grants to BrandGap.AI a non-exclusive, non-transferable, worldwide license to use Customer Data for the purpose of providing the Service, including the right to store, process, display, and generally make Customer Data available through the Service.

4.2. Anonymized and aggregated data

BrandGap.AI, fine-tunes pre-trained models, improves platform intelligence, generates category-level insights and further enhances model version, on aggregated User Input. Only necessary data will be collected, and it is anonymized and/or aggregated to prevent the identification of individuals. No personally identifiable data is collected. In subscribing to BrandGap.AI services you are giving your express consent for User Input to be used in this way.

4.3. Privacy Notice

The Privacy Notice applies only to the Service and does not apply to any third-party websites or services linked to the Service.

4.3. Security Measures

BrandGap.AI has implemented and will maintain commercially reasonable security measures to protect Customer Data.

4.4. Data Accuracy

BrandGap.AI will have no responsibility or liability for the accuracy of data uploaded to the Service by Customer.

5. Customer Responsibilities

5.1. Acceptable Use

Customer shall not use the Service for any illegal, fraudulent, deceptive, or harmful purposes. Customer agrees not to share non-public Service features with third parties, and not to reverse engineer or copy Service features.

5.2. Unauthorized Access

Customer shall take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting its passwords and other log-in information.

5.3. Compliance with Laws

Customer shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data.

6. Intellectual Property Rights and Feedback

6.1. Intellectual Property Rights to the Service

BrandGap.AI retains all right, title, ownership and interest in and to the Service, including without limitation all software and documentation used to provide the Service.

6.2. Feedback

BrandGap.AI has the right to use, disclose, publish, and otherwise exploit any Feedback provided by Customer. Customer grants BrandGap.AI the right to use feedback to improve its services without compensation.

7. Confidential Information

Customer shall not disclose any Confidential Information provided by BrandGap.AI to any third party without BrandGap.AI's prior written consent. Customer agrees to protect Confidential Information and use it solely for purposes related to the Service.

8. AI-Powered Features

AI-powered features are governed by the AI Functionality Terms at https://brandgap.ai/ai-functionality-terms. AI outputs may be inaccurate, incomplete, biased, outdated, non-unique, or unsuitable for a specific decision. You are responsible for human review and independent verification.

8.1. AI Limitations and Disclaimer

While BrandGap.AI's tools aim to enhance your brand intelligence experience, you acknowledge and agree that:

AI-generated recommendations, responses, or feedback may be inaccurate, incomplete, or unsuitable for your specific needs.

You are solely responsible for reviewing and verifying any AI-generated recommendations, content or strategy before using it (e.g., rebranding or raising investment).

BrandGap.AI does not guarantee commercial gains based on AI recommendations.

BrandGap.AI disclaims all liability for decisions made by you based on AI generated recommendations, content or strategy.

9. Representations and Warranties

9.1. From BrandGap.AI

BrandGap.AI represents and warrants that it has the authority to provide the Service under this Agreement.

9.2. From Customer

Customer represents and warrants that it has the full right and authority to enter into this Agreement, and to provide data necessary for the Service.

9.3. Warranty Disclaimer

The Service is provided "as is," with no warranties regarding uninterrupted or error-free performance.

10. Indemnification

Customer shall defend, indemnify, and hold harmless BrandGap.AI and its associates against any claims, suits, or proceedings arising from Customer's use of the Service, including unauthorized disclosures of Customer Data.

11. Limitation of Liability

11.1. Cap on Liability

BrandGap.AI's liability arising out of or related to this Agreement will not exceed the total amounts paid under this Agreement in the twelve (12) months prior to any claim.

11.2. Exclusion of Consequential

BrandGap.AI will not be liable for indirect or consequential damages.

12. Term and Termination

12.1. Term

This Agreement begins on the Effective Date and continues for the subscription period or access period shown at checkout, in the billing portal, or in the applicable Order. Studio and Agency subscriptions renew annually unless cancelled or otherwise changed in accordance with the available billing or team settings. BrandGap.AI's billing lifecycle is designed to send renewal reminders approximately 30 days and 7 days before renewal where email is configured.

12.2. Termination

You may cancel your subscription at any time. Cancellation will take effect at the end of your committed subscription term, provided that the request was made in accordance with the cancellation requirements (see Section 12.4). We will confirm the cancellation of your subscription within 3 business days after receipt of your properly submitted cancellation request. Cancellations will not release you from binding payment obligations unless permitted by the BrandGap.AI Terms of Service.

12.3. Cooling Off Period/s

IFor eligible consumer cooling-off rights, BrandGap.AI provides a 14-day self-serve refund path for purchases or current subscription periods that have not been used. A service is treated as used once an analysis or Distinctiveness Check token has been consumed against the relevant entitlement. Used purchases are not automatically refundable and should be raised through https://brandgap.ai/contact for review.

Auto-renewal: You have the right to cancel an auto-renewed subscription contract within 14 days of the renewal subscription commencement date, without giving any reason. The cancellation period will expire after 14 days from the renewal subscription commencement date. Provided the Customer has not used BrandGap.AI services, and provided the request was made in accordance with the cancellation requirements, a full refund will be processed within 14 days of receipt of cancellation request. If BrandGap.AI have been received, then a pro-rata refund will be processed

12.4. Termination/Cancellation Process

You may request cancellation through the relevant billing/team workflow or by contacting us at https://brandgap.ai/contact and selecting the 'Request to Cancel option. All fields in the 'Contact' form must be completed to enable the review of the termination/cancellation request, and to facilitate the processing of any refund due, if valid.

12.5. Pro-Rata refund relative to the above cancellation process in the case of BrandGap.AI services having been received

Where a refund is processed, BrandGap.AI may reclaim the related entitlement, revoke access funded by that payment, cancel a refunded subscription, and update team/workspace access accordingly. Admin or goodwill refunds may be handled separately by support.

13. Miscellaneous

13.1. Governing Law

This Agreement will be governed by the laws of England and Wales.

13.2. Assignment

Customer may not assign this Agreement without BrandGap.AI's prior written consent.

13.3. Entire Agreement

This Agreement constitutes the entire agreement between the parties.