(Effective: October 2025)
1. Preamble
These Terms of Use govern the rights and obligations of buyers (“Users”) who purchase brandings via the Braaands™ platform.
By purchasing a branding through www.braaands.co, the Buyer agrees to these Terms.
2. Definitions
- Buyer: Any natural or legal person who purchases a branding through Braaands™.
- Designer / Seller: Any natural or legal person who offers designs through Braaands™.
- Brand / Branding / Design: A visual identity created by the Designer, consisting of elements such as logos, colors, typography, layouts, mockups, and supporting visual materials.
- License: The usage right to a branding obtained through purchase in accordance with these Terms.
3. Purchase Process
- Purchases are made exclusively through www.braaands.co and processed via the third-party payment provider Lemonsqueezy (powered by Stripe).
- After successful payment, the Buyer gains access to the digital files of the purchased branding.
- The purchase price includes the license to use the branding but does not grant exclusive rights to the name or design.
- All sales are final. Cancellations or refunds after download are excluded (see Section 8).
4. License Rights and Usage
- Upon purchase, the Buyer receives a non-exclusive, worldwide, and perpetual license to use the design.
- The same branding may be sold through Braaands™ up to four (4) times worldwide.
- The license permits the Buyer to use, modify, or adapt the design for personal or commercial purposes.
- Use for a single client project is explicitly permitted. The Buyer may utilize the purchased branding within a design project for a client and invoice that project accordingly.
- The Buyer may not resell or relicense the original branding or its components.
- Use of the design in unlawful, discriminatory, or misleading contexts is strictly prohibited.
5. Naming Rights and Legal Responsibility
- The names included in brandings (e.g., “Yolk”) are fictional, illustrative placeholders.
- These names are not trademark-protected and are not transferred exclusively.
- The Buyer is solely responsible for verifying trademark availability prior to any commercial use or registration.
- Braaands™ and the Designers assume no liability for naming conflicts, trademark disputes, or any legal consequences arising from the use of such names.
- If any individual later attempts to register a name that has previously appeared or been sold on Braaands™ in order to pursue legal action against Braaands™ or participating Designers, all liability of Braaands™ is expressly excluded.
- The Buyer acknowledges that any similarity between a branding’s name and existing or later registered trademarks is coincidental and does not constitute grounds for legal claims against Braaands™ or its partners.
6. Pricing, Taxes, and Payment Processing
- All prices are listed in euros (€) and include applicable VAT, where required by law.
- Payments are securely processed via Lemonsqueezy (Stripe).
- By completing a purchase, the Buyer agrees to the applicable payment and license terms.
7. Delivery and Access
- Access to digital files is granted immediately after successful payment.
- Delivery is carried out digitally via a download link provided by Lemonsqueezy.
- No physical shipment takes place.
8. Returns and Refunds
- As digital products are delivered instantly, no withdrawal or return rights apply once the download or file access has occurred.
- Refunds are only possible if the product is inaccessible or technically defective.
- In such cases, the Buyer must notify Braaands™ within 7 days of purchase.
9. Liability
- Braaands™ shall only be liable for damages caused by intentional or grossly negligent conduct.
- Responsibility for the legality, originality, and uniqueness of the designs lies solely with the respective Designer.
- Braaands™ accepts no liability for copyright or trademark infringements arising from the Buyer’s use of a design.
- The Buyer uses each branding at their own risk.
10. Prohibited Actions by Buyers
- The Buyer may not resell, redistribute, or offer the branding or any of its components as their own template or product.
- Use of any branding in fraudulent, immoral, or unlawful projects is strictly prohibited.
- In the event of violations, Braaands™ reserves the right to take legal action and deny future purchases.
11. Data Protection
- Braaands™ processes personal data exclusively in compliance with applicable data protection laws.
- Further information can be found in the platform’s Privacy Policy.
12. Amendments to These Terms
- Braaands™ reserves the right to amend these Terms at any time.
- Buyers will be informed of any significant changes.
- Continued use of the platform following such changes constitutes acceptance of the updated Terms.
13. Final Provisions
- These Terms are governed by the laws of the Republic of Austria.
- The exclusive place of jurisdiction is Vienna, the registered office of Braaands™.
- Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected.