Terms of Use for Designers on Braaands™

(Effective: October 2025)

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1. Preamble

These Terms of Use govern the rights and obligations of designers (“Sellers”) who submit and sell their brandings through the Braaands™ platform.
By registering and uploading designs, the Designer agrees to these Terms.

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2. Definitions

Designer / Seller: Any natural or legal person who offers designs through Braaands™.

Buyer: Any individual or organization that purchases a branding 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 Sale: The sale of a perpetual, worldwide usage license to the Buyer.

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3. Registration and Designer Account

  • Participation as a Seller requires registration on Braaands™.
  • All information provided must be complete and accurate.
  • The Designer is responsible for keeping login credentials confidential.
  • Braaands™ reserves the right to suspend or delete accounts in cases of violations or false information.

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4. Requirements for Submitted Designs

  • The Designer guarantees to be the sole author of all submitted designs and to possess all necessary rights.
  • The submitted designs must not infringe upon any copyrights, trademarks, or other third-party rights.
  • Designs must meet the creative and quality standards of Braaands™.
  • Designs containing discriminatory, offensive, or unlawful content are prohibited.

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5. Submission and Sales Process

  • Each submitted design will be reviewed by Braaands™ and may be approved for publication.
  • Braaands™ decides on acceptance, categorization, and publication.
  • Sales are conducted exclusively through the platform www.braaands.co.
  • Off-platform sales based on submissions made through Braaands™ are not permitted.

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6. Transfer of Rights and Licensing Model

  • Upon the sale of a branding, the Designer grants the Buyer a non-exclusive, worldwide, perpetual usage license.
  • Each branding may be sold through Braaands™ up to four (4) times worldwide.
  • Once the maximum number of sales has been reached, the branding will automatically be removed from the marketplace.
  • The Designer remains the copyright holder but grants Braaands™ the exclusive right to distribute the design through the platform.

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7. Naming Rights and Multiple Use

  • The name included in a branding (e.g., “Yolk”) is a fictional and illustrative example.
  • No trademark or naming rights are transferred to the Buyer.
  • The Designer acknowledges that the same name may be used by other Designers participating in the same briefing.
  • Braaands™ may publish and sell brandings with identical or similar names, provided they represent independent creative works.
  • Buyers use the included name at their own risk. Braaands™ and the Designers assume no liability for any trademark or naming conflicts.

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8. Compensation, Invoicing, and Payouts

  • The Designer receives an agreed share of the sales price for each successful sale (minus platform and transaction fees).
  • Payouts are made periodically to the bank account provided by the Designer.
  • The Designer expressly agrees that Braaands™ is authorized to issue invoices on behalf of the Designer (“Self-Billing”) in order to process payouts of earned commissions.
  • Braaands™ will generate the relevant accounting documents and make them available to the Designer electronically.
  • The Designer agrees not to issue separate invoices to Braaands™ for these sales. All billing is handled via the self-billing system.
  • The Designer is solely responsible for correctly reporting and paying any applicable taxes on income received.

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9. Usage Rights Granted to Braaands™

  • The Designer grants Braaands™ the right to use submitted designs for marketing and promotional purposes in order to support sales.
  • This includes, in particular, publication on the website, social media platforms, newsletters, advertisements, and other marketing channels.
  • Braaands™ may, if necessary, enhance designs using artificial intelligence (AI) to ensure professional presentation.
  • Braaands™ reserves the right to adjust, improve, or replace product photos, mockups, or presentation visuals if deemed beneficial for marketing or sales purposes.

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10. Liability and Indemnification

  • The Designer is fully liable for the legality of the submitted works.
  • In the event of violations of copyright, trademark, or other rights, the Designer agrees to indemnify and hold Braaands™ harmless from all third-party claims.
  • Braaands™ is not liable for damages resulting from false information or legal infringements caused by the Designer.

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11. Term and Termination

  • The agreement between the Designer and Braaands™ is concluded for an indefinite period.
  • The Designer may terminate participation at any time in writing.
  • Braaands™ reserves the right to suspend or delete a Designer’s account at any time in case of violation of these Terms.
  • Sales already completed prior to termination remain unaffected.

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12. Data Protection and Confidentiality

  • Braaands™ processes personal data exclusively in accordance with applicable data protection laws.
  • Further details are provided in the platform’s Privacy Policy.

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13. Amendments to These Terms

  • Braaands™ reserves the right to amend these Terms of Use at any time.
  • Designers will be notified of any changes in advance.
  • Continued use of the platform after the effective date of such amendments constitutes acceptance of the updated Terms.

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14. Final Provisions

  • These Terms are governed by the laws of the Republic of Austria.
  • The 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.

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