Braaands™ — Seller Terms

(Effective: Januar 2025 – Updated Version)

1. Scope

These Seller Terms apply to all designers (“Sellers”) offering pre-made Brand Kits via Braaands™, including participation in the request, review, customization, and sales process.

By activating the selling option during the upload process, the Seller agrees to these Terms in a binding manner.

2. Seller Status

2.1 Selling on Braaands™ is available to approved Sellers only.
2.2 Braaands™ reserves the right to approve or reject Sellers at its sole discretion.
2.3 Seller status may be revoked in case of violations of these Terms.

3. Offered Brands & Exclusivity

3.1 The Seller confirms that they are the original creator and sole copyright holder of the submitted Brand.
3.2 Each Brand is offered as a one-time, exclusive sale.
3.3 After a successful sale, the Seller may not reuse, resell, license, publish, or otherwise commercially exploit the Brand.
3.4 This does not affect the Seller’s right to display the Brand and related adaptations for portfolio and self-promotional purposes, unless otherwise agreed with the Buyer (e.g. NDA).

3A. Request & Approval Process
3A.1 Brands offered on Braaands™ are not purchased instantly. Each sale begins with a non-binding request submitted by a potential Buyer.

3A.2 Braaands™ will review each request together with the Seller to confirm:
– suitability of the Brand for the Buyer’s business
– feasibility of the requested adaptations
– current availability of the Seller

3A.3 A purchase may only be finalized after the Seller has explicitly confirmed availability and feasibility.

3A.4 The Seller is not obligated to accept every request.

4. Rights Granted to the Buyer

4.1 Upon successful sale, the Seller grants the Buyer an exclusive, perpetual, worldwide right to use the Brand for one (1) business or brand.
4.2 Copyright remains with the Seller.
4.3 The Buyer may modify and commercially use the Brand, including trademark registration, at their own responsibility.
4.4 No guarantee regarding trademark availability or legal clearance is provided.

5. Packages & File Delivery

5.1 Each sale is based on standardized packages defined by Braaands™.
5.2 Only the files explicitly included in the selected package are part of the delivery.
5.3 This typically includes open logo files (e.g. EPS or AI).
5.4 Additional working or source files are excluded unless explicitly stated.

6. Third-Party Assets & Licenses

6.1 Fonts, images, or other third-party assets are only included if explicitly stated as part of the Brand.
6.2 Non-transferable licenses are not part of the sale.
6.3 Required licenses for fonts, images, or other third-party assets must be purchased by the Buyer independently and at their own expense.
6.4 The Seller is neither obligated nor entitled to transfer license purchases unless legally permitted.

7. Communication & Availability

7.1 Sellers must maintain a valid and actively monitored work email address.
7.2 The Seller must contact the Buyer within 48 hours after purchase.
7.3 Contact means a meaningful first response initiating the adaptation process.

8. Delivery & Execution

The Seller agrees to deliver all agreed adaptations professionally, reliably, and within a reasonable timeframe.

8A. Payments & Platform Role
8A.1 Braaands™ acts as the contractual seller towards the Buyer and handles invoicing and payment processing.

8A.2 The Seller acts as an independent creative partner responsible for the execution of the Brand customization.

8A.3 The Buyer has no direct payment obligation towards the Seller.

8B. Payouts & Commission
8B.1 Sellers receive a revenue share as defined by Braaands™ at the time of sale.

8B.2 Payouts are issued after successful completion and delivery of the agreed Brand customization.

8B.3 In case of refunds due to Seller non-responsiveness or non-performance, no payout shall be made.

8B.4 Braaands™ reserves the right to withhold payouts until all contractual obligations have been fulfilled.

9. Non-Responsiveness & Escalation

If the Seller fails to respond or deliver, Braaands™ may pause sales, cancel the transaction, and issue a full refund.
In such cases, the Seller forfeits any claim to compensation.

10. Extreme Cases

If the Seller becomes unavailable, Braaands™ may issue a refund or offer an alternative branding solution.
No reproduction or imitation of the original Brand shall take place.

11. Marketing Rights

The Seller grants Braaands™ the right to display sold Brands for marketing, portfolio, and editorial purposes.

12. Liability

The Seller is solely responsible for the legality of the submitted Brand.
Braaands™ acts as the platform operator and seller of record, while the Seller remains solely responsible for the creative execution and legality of the submitted Brand.

13. Termination

Seller participation may be terminated at any time.
Previously granted Buyer rights remain unaffected.

14. Final Provisions

Austrian law applies.
Jurisdiction: Vienna, Austria (exclusive).