BrandCast Studio AI

1. Introduction & Acceptance

1.1 Agreement to Terms

By accessing or using BrandCast Studio AI ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

1.2 Eligibility

• You must be at least 18 years of age to use this Service
• You must have the legal authority to enter into these Terms
• You must comply with all applicable local, state, national, and international laws
• You must not be prohibited from using the Service under any applicable laws

1.3 Business Entity Representation

If you are accessing the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall refer to that entity.

2. Service Description

2.1 Platform Overview

BrandCast Studio AI is a comprehensive content marketing platform that enables users to:

• Create, design, and generate marketing content using AI-powered tools
• Schedule and publish content across multiple social media platforms
• Manage campaigns and track performance analytics
• Collaborate with team members and clients
• Access content templates and creative resources

2.2 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be modified, suspended, or discontinued at any time with reasonable notice to users.

2.3 Platform Integration

BrandCast Studio AI integrates with third-party social media platforms including, but not limited to:

• Facebook / Instagram (Meta Platforms)
• YouTube (Google/Alphabet)
• Twitter / X
• LinkedIn
• TikTok
• Pinterest

Your use of these integrations is subject to the respective platform's terms of service and API policies.

3. User Responsibilities

3.1 Account Security

• Use strong, unique passwords
• Enable two-factor authentication when available
• Never share your login credentials with others
• Notify us immediately of any unauthorized access
• Update your contact information to ensure you receive important notices

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Compliance with Platform Policies

You agree to comply with all applicable policies of the social media platforms you connect to through our Service, including but not limited to:

• Meta Platform Terms and Developer Policies
• YouTube API Services Terms of Service and Developer Policies
• Twitter Developer Agreement and Policy
• LinkedIn API Terms of Use
• TikTok Developer Terms of Service

4. Content Policies

4.1 User-Generated Content

You retain ownership of all content you create, upload, or publish through the Service ("User Content"). However, by using the Service, you grant us certain rights as described below.

4.2 License Grant to Us

You grant BrandCast Studio AI a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service, including for:

• Operating and improving the Service
• Providing technical support
• Backing up and securing your content
• Complying with legal obligations

4.3 Content Standards

Prohibited Content

You may not create, upload, or distribute content that:

• Infringes Rights: Violates intellectual property, privacy, publicity, or other rights of any person or entity
• Harmful Content: Contains hate speech, harassment, bullying, threats, or violence
• Adult Content: Contains pornography, sexually explicit material, or sexual solicitation
• Illegal Activities: Promotes illegal drugs, weapons, terrorism, or criminal activities
• Deceptive Practices: Contains spam, misleading information, or fraudulent schemes
• Dangerous Content: Promotes self-harm, eating disorders, or dangerous challenges
• Discrimination: Discriminates based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics

Content Authenticity

• You must have all necessary rights to the content you publish
• AI-generated content must comply with platform disclosure requirements
• You must clearly disclose sponsored content and paid partnerships
• You must not impersonate others or misrepresent your identity

4.4 Content Monitoring

We reserve the right, but have no obligation, to monitor, review, and remove content that violates these Terms or applicable platform policies. We may use automated tools and human review for content moderation.

5. Data Privacy & Security

5.1 Our Privacy Commitment

5.2 Data Collection

We collect the following types of data:

• Account Information: Name, email, phone number, organization details
• Profile Data: Avatar, preferences, settings
• Content Data: Content you create, upload, and publish
• Usage Data: How you interact with the Service, analytics, performance metrics
• Platform Data: Data retrieved from connected social media accounts (with your authorization)
• Payment Information: Processed securely through third-party payment processors

5.3 Data Usage

We use your data to:

• Provide and improve the Service
• Personalize your experience
• Communicate with you about the Service
• Ensure security and prevent fraud
• Comply with legal obligations
• Train and improve AI models (with anonymization)

5.4 Data Sharing

We do not sell your personal data. We may share data with:

• Social Platforms: When you authorize posting to your connected accounts
• Service Providers: Third parties who help us operate the Service (cloud hosting, email, analytics)
• Legal Requirements: When required by law or to protect rights and safety
• Business Transfers: In connection with mergers, acquisitions, or asset sales

5.5 Data Security

We implement industry-standard security measures:

• Encryption in transit (TLS/SSL) and at rest
• Regular security audits and penetration testing
• Access controls and authentication mechanisms
• Incident response and breach notification procedures
• Employee training on data protection

5.6 Data Retention

We retain your data for as long as your account is active or as needed to provide services. You may request deletion of your data at any time, subject to legal retention requirements.

5.7 Your Rights

You have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data
• Export your data (data portability)
• Withdraw consent for data processing
• Object to certain processing activities
• Lodge a complaint with supervisory authorities

6. Platform API Compliance

6.1 Meta Platforms (Facebook / Instagram)

6.2 YouTube (Google)

6.3 Twitter / X

6.4 LinkedIn

6.5 TikTok

6.6 General API Compliance

Across All Platforms:

• Rate Limiting: We respect all API rate limits and quotas
• Authentication: OAuth-based authentication; never request or store user credentials
• Data Minimization: We only request permissions and data necessary for functionality
• Transparency: Clear communication about what data we access and why
• User Control: Users can disconnect platforms and delete data at any time
• Monitoring: Regular compliance reviews and updates
• Incident Response: Immediate action on policy violations or security incidents

7. Intellectual Property

7.1 Service Ownership

The Service, including its software, design, text, graphics, logos, and other content (excluding User Content), is owned by BrandCast Studio and protected by intellectual property laws.

7.2 User Content Ownership

You retain all ownership rights to your User Content. You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not infringe any intellectual property rights
• You have obtained all necessary releases and permissions for any identifiable persons in your content

7.3 Trademark Usage

BrandCast Studio AI trademarks, service marks, and logos may not be used without our prior written consent. Third-party trademarks displayed through the Service are the property of their respective owners.

7.4 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. We respond to valid copyright infringement notices under the DMCA.

To file a DMCA notice, provide:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Physical or electronic signature

Send DMCA notices to: legal@brandcaststudio-ai.com

8. Prohibited Activities

8.1 You May Not:

• Violate Laws: Use the Service for any illegal purpose or in violation of any laws
• Circumvent Security: Attempt to gain unauthorized access, bypass security measures, or interfere with the Service
• Automated Abuse: Use bots, scrapers, or automated tools to access the Service (except our official API)
• Spam: Send unsolicited messages, engage in mass posting, or other spamming activities
• Impersonation: Impersonate any person or entity, or falsely represent your affiliation
• Malware: Transmit viruses, malware, or any harmful code
• Reverse Engineer: Reverse engineer, decompile, or disassemble any part of the Service
• Resell: Resell or redistribute the Service without authorization
• Data Mining: Mine, scrape, or harvest user data
• Interference: Interfere with other users' use of the Service
• Platform Violations: Violate any connected platform's terms of service or policies

9. Account Management

9.1 Account Suspension

We may suspend or terminate your account if:

• You violate these Terms
• You violate platform policies
• Your account is used for fraudulent or illegal activities
• We receive valid legal requests or court orders
• Your account poses security risks

9.2 Account Termination

You may terminate your account at any time through your account settings. Upon termination:

• Your access to the Service will cease
• We will delete your data within 30 days (subject to legal retention requirements)
• Published content on third-party platforms remains subject to those platforms' policies
• Certain provisions of these Terms survive termination

9.3 Data Export

Before terminating your account, you may export your data using our data export tool.

10. Limitation of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantees

WE DO NOT GUARANTEE:

• Uninterrupted or error-free service
• Accuracy or reliability of content
• That defects will be corrected
• Specific results from using the Service
• Third-party platform availability or functionality

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDCAST STUDIO AI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

10.4 Third-Party Platforms

We are not responsible for the actions, policies, or failures of third-party platforms. Your use of third-party platforms is subject to their terms and policies.

11. Modification & Termination

11.1 Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending an email to your registered email address
• Displaying a prominent notice in the Service

Changes become effective 30 days after notice. Continued use of the Service after changes constitutes acceptance.

11.2 Service Modifications

We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any such modifications.

11.3 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, internet failures, or government actions.

12. Contact Information

12.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any disputes shall be resolved in the courts of [Your Jurisdiction].

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

12.3 Entire Agreement

These Terms constitute the entire agreement between you and BrandCast Studio AI regarding the Service and supersede all prior agreements.

12.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.