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Terms of Use

Last Updated: 11.03.2025

Brandspace OÜ (“Brandspace OÜ,” “we,” “us,” or “our”) provides www.brandspace.solutions, as well as other websites that we operate and that link to these Terms of Use (collectively, the “Websites”), subject to these Terms of Use (“Terms”). By accessing and using the Websites and Services, you accept and agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you may not access or use the Websites.

Should there be any conflict between these Terms and any Service Agreement, Master Service Agreement, or any Statement of Work you have with Brandspace OÜ, the terms of the respective Service Agreement shall prevail.

1. Modification of Terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time. Such modifications will be effective immediately upon posting on the Websites. Your continued use of the Websites following such modifications constitutes your acceptance of the changes.

2. Changes to Websites and Services

We reserve the right to modify or discontinue any aspect, feature, or service of the Websites at any time, including but not limited to:

  • Website content and layout
  • Features and services offered
  • Subscription plans and pricing
  • Equipment and software requirements for access

We are not liable for any consequences arising from such modifications, and it is your responsibility to stay informed about any changes.

3. Registration and Account Security

You may be required to register an account (“Your Account”) to access certain services on the Websites. You agree to:

  • Provide accurate and complete information upon registration.
  • Update your information as necessary to keep it accurate and current.
  • Maintain the security of your login credentials.Accept full responsibility for all activity occurring under your account.

 

If we suspect fraudulent, abusive, or unauthorized activity, we reserve the right to suspend or terminate your account and report any unlawful actions to relevant authorities.

4. User Content and Conduct

You may be able to post or submit content, comments, and feedback on the Websites (collectively, “User Content”). By submitting User Content, you agree that you will not:

  • Post anything that is unlawful, abusive, defamatory, harassing, discriminatory, obscene, or otherwise offensive.
  • Upload or transmit harmful code, viruses, or malware.
  • Violate the intellectual property rights of any third party.
  • Engage in spam, pyramid schemes, or unauthorized promotions.
  • Impersonate any individual or falsely represent your affiliation.

Brandspace OÜ reserves the right to remove any User Content that violates these Terms or is deemed inappropriate at our sole discretion.

By submitting content, you grant Brandspace OÜ a royalty-free, perpetual, non-exclusive, worldwide right and license to use, publish, reproduce, modify, distribute, and create derivative works from your User Content.

5. Subscription Services and Payments

Brandspace OÜ operates on a Creative as a Service (CaaS) subscription model, offering different tiers of creative and development services.

  • Subscription Plans: Your selected plan determines the number of creative service credits you receive per billing cycle.
  • Billing & Payments: Payments are processed via secure third-party payment providers. You must ensure that your billing information is current and accurate.
  • Subscription Cancellation: Users may cancel their subscription at any time, but the service will remain active until the end of the month in which the cancellation is made.
  • No Prorated Refunds: If you choose to cancel, you will retain access to your subscription benefits until the last day of that month, but no partial refunds or prorated reimbursements will be issued.
  • ⁠Unused credits can be rolled over to the next month within an active subscription.
  • Credits must be used within 6 months from their issuance date. Any credits older than 6 months will automatically expire and cannot be reinstated.

6. Intellectual Property Rights

All text, graphics, trademarks, logos, software, and creative content on the Websites (“Brandspace OÜ Content”) belong to Brandspace OÜ or our licensors. You may not:

  • Copy, reproduce, or republish Brandspace OÜ Content without explicit written consent.
  • Use our trademarks or branding in a way that could mislead others.
  • Create derivative works based on our copyrighted materials.

Clients retain ownership of any final creative assets delivered to them under their paid subscription unless otherwise agreed in writing.

7. Copyright and DMCA Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Websites infringes your copyright, you may submit a DMCA takedown request with the following details:

  1. Identification of the copyrighted work allegedly infringed.
  2. Identification of the infringing material and its location (URL).
  3. Your contact details (full name, address, phone, email).
  4. A statement that you have a good faith belief that the use is unauthorized.
  5. A statement confirming the accuracy of the complaint under penalty of perjury.
  6. Your electronic or physical signature.

Misrepresenting copyright infringement may expose you to legal liability.

8. Confidentiality

Brandspace OÜ and its users may exchange confidential business information during service delivery. Both parties agree to keep such information confidential and not disclose it to third parties without prior consent.

Exceptions apply if disclosure is required by law or authorized in writing by the disclosing party.

9. Limitation of Liability & Disclaimer

  • Brandspace OÜ provides its services “as is” and “as available” without any warranties, express or implied.
  • We do not guarantee uninterrupted service, error-free operation, or specific results from using our platform.
  • To the maximum extent permitted by law, Brandspace OÜ is not liable for indirect, incidental, consequential, or punitive damages arising from service use, website errors, or unauthorized access to your data.

If applicable law does not allow the limitation of liability, Brandspace OÜ’s liability will be limited to the amount paid by you in the 12 months prior to the claim.

10. Termination of Services

Brandspace OÜ reserves the right to suspend or terminate your access to our services if:

  • You violate these Terms.
  • Your subscription payment fails.
  • We suspect fraudulent or harmful activity.
  • We discontinue or modify our services.

Users may cancel their subscriptions at any time through their account settings, with service remaining active until the end of the current billing cycle.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Estonia, without regard to conflicts of law principles.

Any disputes will be resolved through binding arbitration in Estonia, unless legally prohibited. You waive your right to participate in class-action lawsuits against Brandspace OÜ.

European Union Consumer Protection Laws

If you are a consumer residing in the European Union, you may be entitled to certain consumer protections under EU law. These Terms shall not limit your statutory consumer rights under EU directives on consumer protection and e-commerce.

Compliance with Estonian Digital Business Regulations

As an entity operating under Estonian jurisdiction, Brandspace OÜ complies with Estonia’s digital services regulations, ensuring transparency in data protection, contractual obligations, and consumer rights.

12. Privacy Policy and Cookies

By using our Websites and services, you consent to our Privacy Policy and Cookie Policy, which outline how we collect, process, and protect your personal data.

We may use cookies and tracking technologies to improve website functionality and provide tailored experiences. You can adjust cookie settings in your browser if you do not wish to accept certain cookies.

13. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Brandspace OÜ regarding service use.
  • Waiver: Failure to enforce any provision of these Terms does not waive our right to do so in the future.
  • Severability: If any provision is deemed invalid, the rest of the Terms remain enforceable.
  • Assignment: Brandspace OÜ may assign its rights and obligations without user consent.

14. Contact Us

For questions about these Terms, please contact us at:

Email: info@brandspace.solutions