Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Brandless, operated by Nevin Solutions ("Brandless," "we," "us," or "our"), and govern your access to and use of the Brandless platform, website, and any related services (collectively, the "Services"). By creating an account or using the Services you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

1. The Services

Brandless is a white-label software-as-a-service platform that allows agencies and entrepreneurs ("Customers") to deliver software to their own end users ("End Users") under their own brand. The Services include white-label functionality, AI voice and chat agents, billing infrastructure, and related features. We may add, modify, or remove features over time.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Services. The Services are intended for business use only. By using the Services you represent that you meet these requirements and that you will use the Services in compliance with all applicable laws.

3. Accounts

To use most features of the Services you must create an account and provide accurate and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account or any other suspected security incident.

4. Subscriptions, Billing, and Free Trial

Plans. The Services are offered on a subscription basis under monthly or annual plans described on our pricing page. Plan prices, features, and limits may change with reasonable notice.

Free trial. New accounts may include a 14-day free trial. A valid payment method is required to start a trial. You will not be charged until the trial period ends, at which point your subscription will automatically begin under the plan you selected. You may cancel at any time before the trial ends to avoid being charged.

Automatic renewal. Subscriptions automatically renew at the end of each billing period at the then-current rates unless you cancel before the renewal date. You can cancel from your account settings.

Credits and overage. Each plan includes a credit allowance covering a set amount of voice and chat usage. Once your included credits are consumed, additional usage is billed at the metered rates set out on the pricing page and charged to your payment method on file.

Refunds. Subscription fees are non-refundable except where required by law. If you believe you have been charged in error, contact us within 30 days of the charge and we will investigate in good faith.

Taxes. Fees do not include taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes applicable to your use of the Services, other than taxes based on our net income.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right
• Build, configure, or operate voice or chat agents that impersonate real people without authorization, commit fraud, harass any person, engage in spam or unsolicited mass outreach, or place calls to jurisdictions where automated calling is prohibited
• Send messages that contain harassing, defamatory, obscene, or unlawful content
• Attempt to gain unauthorized access to the Services, other accounts, or the underlying infrastructure
• Probe, scan, or test the vulnerability of any system without our prior written consent
• Interfere with or disrupt the Services, including by sending malicious code or overloading systems
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Resell or sublicense the Services in a manner not expressly permitted by these Terms

We may suspend or terminate your account for violations of this acceptable use policy. You are responsible for ensuring that your End Users comply with use restrictions equivalent to those in this section.

6. Customer Workspaces and End Users

As a Customer of Brandless, you may create workspaces and grant access to your own End Users. You are responsible for:

• Maintaining your own terms of service, privacy policy, and other legal disclosures with your End Users
• Obtaining all necessary consents from your End Users for the collection and processing of their data
• Acting as the controller of your End User data; Brandless processes End User data on your behalf as described in our Privacy Policy
• Complying with all applicable laws in the jurisdictions where your End Users are located
• Ensuring that any AI agents deployed to your End Users disclose, where required by law, that the End User is interacting with an automated system

7. Intellectual Property

Our IP. The Services, including all software, designs, text, graphics, and other content provided by us, are owned by Brandless or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription term.

Your content.You retain all rights to the content, prompts, configurations, and other materials you submit to the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display Your Content solely to provide the Services to you.

Feedback. If you provide feedback or suggestions about the Services, you grant us an unlimited, irrevocable, royalty-free license to use that feedback without obligation to you.

8. Confidentiality

Each party will protect the other's confidential information using reasonable care and will use it only as needed to perform under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.

9. Termination

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, failed to pay fees, or pose a security risk. On termination, your right to use the Services ends and we may delete your account data after a reasonable retention period.

10. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected. AI-generated output may be inaccurate, biased, or otherwise unsuitable for any particular purpose, and you are responsible for reviewing it before relying on it.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts paid by you to us in the 12 months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Brandless and Nevin Solutions and our officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, Your Content, your interactions with End Users, or your violation of these Terms or applicable law.

13. Governing Law and Disputes

These Terms are governed by the laws of Norway, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the courts of Norway, and you consent to the exclusive jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. We will indicate changes by updating the "Last updated" date above and, where the changes are material, will notify you through the Services or by email. Continued use of the Services after the changes take effect means you accept the updated Terms.

15. Miscellaneous

These Terms, together with our Privacy Policy and any order forms or written agreements between us, constitute the entire agreement between you and Brandless regarding the Services. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely. Any notices we are required to send may be sent by email to the address on file with your account.

16. Contact

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

Brandless, by Nevin Solutions
Email: hello@brandless.io