Terms and Conditions

1. Definitions

In these Terms and Conditions:

• "Platform" refers to the Brenia website and all related services.
• "User", "you" or "your" refers to any individual or entity using the Platform.
• "We", "us" or "our" refers to Brenia and its operators.
• "Content" refers to any data, text, images, videos, or other materials uploaded, AI-generated, or stored within the Platform, including but not limited to promotional images, AI-generated copy, and visual assets.
• "Service" refers to all features and functionalities offered by the Platform.

2. Acceptance of Terms

By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any of these terms, you must not use the Platform.

3. User Account

To access certain features of the Platform, you must create an account. You are responsible for:

• Providing accurate and complete registration information.
• Maintaining the security of your login credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account.

4. Use of Data and Content

This is an important section. Please read carefully.

4.1 License Grant

This section applies exclusively to users on the Free plan and the Monthly subscription plan. By using the Platform and entering or generating Content within it, you grant Brenia a worldwide, non-exclusive, royalty-free, transferable license to use, process, store, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit such Content for the purpose of operating, developing, and improving the Platform and our services.

4.2 Scope of Data Usage

We may use all data entered into or generated within the Platform, including but not limited to:

• Profile information and user preferences.
• Brand configurations, including audience settings, brand personality, visual style, and content goals.
• AI-generated content, including promotional images, copy, and videos produced through the Platform.
• Social media connection data obtained through platform integrations (such as Instagram and LinkedIn), which is encrypted at rest and processed only for content publishing purposes.
• Campaign and theme configurations.
• Content scheduling data and publishing history.
• Analytics and derived metrics.
• Communications and interactions within the Platform.

4.3 Purposes of Data Usage

Your data may be used for:

• Providing and maintaining the Service.
• Generating AI-powered content (images, copy, and videos) based on your brand profile.
• Improving and developing new features.
• Personalizing your experience.
• Conducting analytics and research.
• Training machine learning and artificial intelligence models (using AI-generated content only; raw brand data and visual assets are excluded from training data).
• Creating aggregate and anonymized statistics.
• Marketing purposes (with anonymized or aggregated data).

4.4 Data Retention

Your data will be retained for as long as your account remains active. We may also retain certain data after account deletion for legal compliance purposes or to protect our legitimate interests, in accordance with applicable laws.

4.5 Data Security

We implement technical and organizational measures to protect your data:

• Social media connection tokens (including Instagram and LinkedIn authentication tokens) are encrypted at rest using industry-standard encryption algorithms. Your credentials are never stored in plain text.
• All AI-generated content undergoes automated quality checks before publication. These checks scan for personally identifiable information (PII), NDA-protected content, and other sensitive data patterns.
• Your brand data and visual assets are used solely for content generation purposes and are not used to train AI models. Only AI-generated content may be used as described in Section 4.1.
• Paid plan users can define custom content rules to prevent specific patterns, brand details, or other information from appearing in published content.

5. Account Deletion and Data Removal

You have the right to delete your account at any time. Upon account deletion:

• Your personal data will be deleted in accordance with our Privacy Policy and applicable data protection regulations.
• Content you have created may be deleted or anonymized.
• Anonymized or aggregated data derived from your usage may be retained.
• Certain data may be retained where required by law or for legitimate business purposes.

To delete your account, access your profile settings or contact us at the email address provided below. Deletion will be processed within a reasonable timeframe in accordance with applicable regulations.

6. Intellectual Property

6.1 Our Rights

The Platform, including its design, code, trademarks, and all underlying technology, is owned by Brenia and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Platform.

6.2 Your Rights

You retain ownership of the original content you create. However, by using the Platform, you grant us the license described in Section 4.

7. Prohibited Uses

You agree not to:

• Use the Platform for any illegal purpose.
• Upload content that infringes third-party rights.
• Interfere with the operation of the Platform.
• Attempt to access other users' accounts.
• Transmit malicious code or viruses.
• Scrape or extract data from the Platform without authorization.
• Abuse, harass, or harm other users.
• Upload or use trademarked content, logos, or brand assets belonging to third parties without holding the necessary rights or authorizations.
• Use the Platform's AI generation capabilities to create misleading, deceptive, or fraudulent promotional content.
• Attempt to reverse-engineer, decompile, or extract the underlying AI models or algorithms used by the Platform.
• Produce, upload, distribute, or share pornographic, sexually explicit, or obscene content through the Platform.
• Use the Platform for the production, distribution, or promotion of any content that is illegal under applicable law, including but not limited to content related to child exploitation, terrorism, hate speech, or incitement to violence.

8. User Responsibility for Content

This is an important section about your responsibility.

You acknowledge and agree that you are solely responsible for all AI-generated content that you publish, distribute, or make public through the Platform. Brenia facilitates AI content generation and social media publishing but assumes no responsibility for the content you publish.

• You are solely responsible for all content you publish through the Platform, including but not limited to AI-generated promotional images, copy, videos, and any other materials.
• Brenia facilitates AI content generation and social media publishing. The Platform does not independently create, edit, modify, or approve the final content you choose to publish.
• You are responsible for ensuring that all content you publish complies with all applicable laws, regulations, and terms of service of connected social media platforms, including but not limited to copyright, trademark, privacy, and defamation laws.
• You agree to assume all legal, financial, and other consequences that may arise from the content you publish through the Platform.

9. Limitation of Liability

To the maximum extent permitted by law:

○ The Platform is provided "as is" without warranties of any kind.
○ We are not liable for any indirect, incidental, consequential, or punitive damages.
○ We are not responsible for loss of data, profits, or business opportunities.
○ Our total liability shall not exceed the amount you have paid us in the last 12 months.

10. AI Services and Token Limits

All plans include access to AI content generation features with certain limitations.

10.1 Token Limits

All plans, including paid plans, are subject to a monthly token usage limit. Both input tokens (brand data and prompts sent to the AI model) and output tokens (content generated by the AI model, including images and copy) are counted toward this limit. Token limits reset at the beginning of each calendar month. The specific limits vary by plan: Free plans have a lower limit, Pro plans (Monthly and Annual) have a standard limit, and Lifetime plans have the highest limit. The tenant administrator may be granted a custom token limit override by Brenia at its discretion.

10.2 Usage Notifications

When your token usage reaches 80% of your monthly limit, you will receive a warning notification. Once your monthly limit is fully reached (100%), further AI content generation will be blocked until the next calendar month begins.

10.3 Service Availability

The availability of AI content generation features depends on the continued operation of AI models from third-party providers. We do not guarantee uninterrupted availability of AI services, as they are subject to changes in third-party provider policies and availability.

10.4 Our Commitment

Our mission is to always provide AI-powered content generation to our users. We are committed to seeking and integrating alternatives if current AI models become unavailable, ensuring you can continue to benefit from AI-powered image and copy generation features.

11. Content Disclaimer

Important notice regarding AI-generated and user-uploaded content.

Brenia does not guarantee that content created, AI-generated, or uploaded by users is legitimate, legal, or does not infringe third-party rights. You acknowledge and agree that:

• We do not review, verify, or validate the legality or legitimacy of AI-generated or user-uploaded content before or after publication.
• Brenia is not responsible for any damages, claims, or legal actions arising from content generated, uploaded, or published by users.
• Any use or reliance on content found on the Platform is at your own risk.
• If you believe content infringes your rights, please contact us at the email provided below.

12. Indemnification

This is a critical section about your obligations to protect Brenia.

12.1 Your Representations and Warranties

By using the Platform, you represent and warrant that:

• You have all necessary rights, licenses, and permissions to upload, publish, and share any content you submit to or generate through the Platform.
• Your content does not violate any applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or contractual obligations.
• If you use brand assets, trademarks, or materials related to third parties, you have obtained all necessary rights and authorizations to do so.
• All information you provide is accurate and not misleading.

12.2 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Brenia, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Any AI-generated content or other materials you publish or distribute through the Platform.
• Your violation of these Terms and Conditions or any applicable law or regulation.
• Any third-party claims alleging that your content infringes intellectual property rights, violates privacy or publicity rights, or constitutes misleading or deceptive advertising.
• Your use or misuse of the Platform.
• Any disputes between you and third parties related to content you have published.

12.3 Exoneration of Brenia

You expressly acknowledge and agree that Brenia shall bear no responsibility whatsoever for any claims, damages, or legal actions initiated by third parties (including but not limited to rights holders, regulatory authorities, social media platforms, or any other entities) arising from AI-generated content or other materials you have published or shared through the Platform. You assume full and exclusive responsibility for any consequences resulting from your use of the Platform and the content you generate or publish.

13. Referral Program

The Platform offers a referral program that allows eligible users to earn commissions.

13.1 Commission Structure

Participants in the referral program may earn commissions on qualifying purchases made by referred users. The current commission rates are 40% on the first qualifying purchase and 30% on subsequent renewal purchases. These rates are subject to change at our discretion with prior notice.

13.2 Referral Tracking

Referrals are tracked using a 60-day cookie window. A referred user must complete a qualifying purchase within 60 days of clicking your referral link for the commission to be attributed to you.

13.3 Eligibility and Compliance

By participating in the referral program, you agree to:

• Comply with all applicable advertising, marketing, and disclosure laws and regulations.
• Promote the Platform honestly and not make misleading claims about its features or benefits.
• Not use spam, unsolicited communications, or deceptive practices to generate referrals.
• Not engage in self-referrals, fraudulent referrals, or any form of referral manipulation.

13.4 Program Changes and Termination

We reserve the right to modify, suspend, or terminate the referral program at any time, including changing commission rates, cookie duration, or eligibility requirements. Fraudulent or abusive activity will result in forfeiture of pending commissions and may lead to account termination.

14. Third-Party Integrations and Automated Publishing

The Platform provides integrations with third-party social media platforms to enable automated AI-generated content publishing.

14.1 Available Integrations

The Platform offers integrations with social media platforms, primarily Instagram and LinkedIn. These integrations allow you to publish and schedule AI-generated promotional content directly from the Platform to your connected social media accounts.

14.2 API Keys and Credentials

Some integrations require you to provide API keys or other credentials from third-party services. These credentials are stored in encrypted form. You are solely responsible for the security and proper use of your API keys, and for ensuring they are obtained in compliance with the third-party service's terms.

14.3 User Responsibility

When using automated publishing features, you acknowledge and agree that:

• You are responsible for complying with the terms of service of each social media platform to which you publish content, including Instagram and LinkedIn.
• You are solely responsible for all AI-generated content published through automated integrations, including its accuracy, legality, and compliance with applicable laws and platform policies.
• You are responsible for ensuring your brand configuration (audience, personality, visual style, and goals) accurately reflects your brand and does not contain misleading information.
• We do not guarantee the availability or continued operation of any third-party integration, as they depend on external service providers.

14.4 Limitation of Liability for Integrations

The Platform acts solely as an intermediary that facilitates AI content generation and publishing to third-party social media services. We are not responsible for any actions taken by third-party platforms regarding your content, including removal, modification, or restrictions imposed on your account by those services.

14.5 Default Automatic Operation

By using the Platform, you acknowledge, understand, and accept that the Platform is designed to operate automatically by default. This means that:

• Automated AI content generation and social media publishing features are enabled by default upon account creation, with a default frequency of one (1) post per day.
• If you connect your Instagram account, the Platform may automatically generate AI promotional content and publish it to Instagram on your behalf.
• If you connect your LinkedIn account, the Platform may automatically generate AI promotional content and publish it to LinkedIn on your behalf.
• You may disable or adjust these automatic features at any time through the Automation Settings page within the Platform.
• You are solely responsible for reviewing and managing your automation settings. Continued use of the Platform with automated features enabled constitutes your consent to automatic AI content generation and publication on all connected social media platforms.

15. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting on the Platform. Continued use of the Service after changes constitutes acceptance of the modified Terms. We will notify you of significant changes via email or through the Platform.

16. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination, provisions that by their nature should survive will remain in effect, including data usage rights, liability limitations, and indemnification.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the French Republic, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Paris, France.

18. Dispute Resolution

Before initiating any legal proceedings, you agree to follow the dispute resolution process outlined below.

18.1 Informal Negotiation

For any dispute arising from these Terms or your use of the Platform, you agree to first attempt to resolve the dispute informally by contacting us at the email address provided below. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

18.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation, you agree that the dispute shall be finally resolved by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its arbitration rules. The arbitration shall be conducted in English and shall take place in Paris, France. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in class action lawsuits or class-wide arbitration against Brenia.

18.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other proprietary rights.

19. International Users

The Platform is operated internationally. If you access the Platform from outside our primary jurisdiction, you are responsible for compliance with local laws. We comply with applicable international data protection regulations, including GDPR for users in the European Union and similar laws in other jurisdictions.

20. Contact Information

For questions about these Terms and Conditions, please contact us at:

Email: [email protected]