Terms of Service

Welcome to BrandForge ("Service"), operated by Champlin Enterprises ("we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our AI image studio platform at https://brandforge.champlinenterprises.com, including all related services, features, and content. Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Service.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

2. Account Registration & Responsibilities

3. Subscription Plans & Billing

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Generate content that depicts minors in sexual, violent, or otherwise inappropriate contexts (zero tolerance — accounts will be terminated and reported).
• Generate non-consensual sexual imagery of real or imagined persons, including deepfakes.
• Generate content intended to defame, harass, or impersonate a real person or organization.
• Generate hate speech, incitement to violence, or content promoting discrimination.
• Violate the acceptable-use policies of our integrated AI providers (Google Gemini and any successor services).
• Upload or distribute malware, viruses, or any harmful code as reference imagery or otherwise.
• Attempt to gain unauthorized access to the Service, other accounts, or connected systems.
• Use the Service to infringe on the intellectual property rights of others (including using copyrighted images as references without rights).
• Engage in any activity that could damage, disable, overburden, or impair the Service or its AI providers.
• Use automated tools (bots, scrapers, etc.) to access the Service or burn through credits without our prior written consent.
• Misrepresent your identity or impersonate any person or entity
• Publish illegal content, including but not limited to content that violates privacy, defamation, or obscenity laws

We reserve the right to investigate and take appropriate action against anyone who violates these restrictions, including suspending or terminating accounts and reporting violations to law enforcement.

5. Content Ownership & License

6. Service Availability

We strive to keep the Service available and operational at all times. However, we do not guarantee uninterrupted, error-free, or continuous access. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Unplanned outages or technical issues
• Third-party service disruptions (including AI-provider outages or rate limits)
• Events beyond our reasonable control (force majeure)

We will make reasonable efforts to notify you of planned maintenance in advance. We are not liable for any loss or damage resulting from Service downtime or unavailability.

7. API Usage

8. Third-Party Integrations

The Service relies on third-party AI providers (primarily Google Gemini) to perform image generation. By using the Service:

• You authorize us to transmit your prompts, reference images, and brand context to those AI providers in order to generate the imagery you request.
• You agree to comply with the acceptable-use policies of those AI providers (e.g., Google Generative AI Prohibited Use Policy).
• You acknowledge that AI-provider APIs, pricing, and availability may change without notice. If an AI provider deprecates a model or changes pricing, the Service may need to adapt — including substituting providers or adjusting credit costs.
• You understand that AI output is generated probabilistically and may contain artifacts, errors, or content that doesn't match your prompt. We don't warrant the suitability or fitness of any generated image for any particular purpose.
• You are solely responsible for reviewing generated content before using it commercially — including verifying that no copyrighted, trademarked, or otherwise protected material has been inadvertently reproduced.

We make no warranties regarding the availability, accuracy, or output quality of any AI provider. If a provider changes their API or policies, certain features of the Service may be affected and we will make reasonable efforts to substitute equivalent providers.

9. Data Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Service, you consent to the data practices described in our Privacy Policy.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Champlin Enterprises and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you create, upload, or publish through the Service.

12. Termination

13. Governing Law & Dispute Resolution

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

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Champlin Enterprises regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet disruptions.