Terms of Use for Designers on Braaands™
(Effective: October 2025)
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.
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.
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.
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.
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.
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 three (3) 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.
- The Buyer does not acquire ownership or authorship rights to the design. The Buyer is granted the right to use and adapt the Brand Kit for their own business purposes only. Resale, redistribution, or sublicensing of the Brand Kit is not permitted.
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.
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.
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.
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.
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.
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.
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.
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.