Terms of service

This agreement

These terms are between you and Spotstillery LLC, trading as Brandstillery, 240 Harriman Road, Irvington, NY 10533, USA (“we”, “us”). By creating an account, buying something or using Brandstillery, you accept them. If you accept for a company, you confirm you’re allowed to bind it, and “you” means the company.

Our privacy policy explains how we handle personal data and how to have it erased.

Brandstillery runs on Iridiom, a software platform Probalia Ventures LLC operates for us, so some screens and emails at app.brandstillery.co may carry the Iridiom name. Your agreement is with us, and for Brandstillery, these terms apply.

What Brandstillery does

• Asks. A questionnaire of about 38 questions about a business, its customers and its market, with an optional writing helper on each question.
• Writes a strategy. From your answers, it writes a brand strategy and lays it out as a deck you can download as a PDF or a PowerPoint file. It’s written on our servers, so you can close the page while it’s made; we email you when your deck is ready.
• Writes post ideas. In sessions of five post ideas each, in the brand’s voice, which you can regenerate or refine one at a time.

Brandstillery doesn’t look anything up. Everything it writes comes from your answers. It doesn’t post anything anywhere: you copy or download what you want to use.

Your account

• You must be 18 or over. Brandstillery is for business and professional use.
• Give accurate details and keep your sign-in safe. You’re responsible for what happens under your account and in your workspace, including what other people you invite to it do there.
• Tell us straight away at webmaster@brandstillery.co if you think someone else has got into your account.
• Your sign-in. Your email address and password are kept on Iridiom, the platform Brandstillery runs on, and work on the other products that run on it too. You’re only set up in another product when you sign in there, and that product’s own terms apply to what you do in it. Changing your password changes it for all of them.

What you put in

• Your answers. You’re responsible for what you write, and for having the right to share it with us for this purpose. Answers can include figures a business keeps private, such as prices or revenue goals; share only what you’re comfortable giving us and our AI provider.
• Answering for a client. If you fill in a brand for a client, you confirm the client has agreed to you sharing their information with us.
• Other people. The questions ask about competitors, partners, past clients and customer stories. If your answers name or describe people, you’re responsible for having the right to share that with us. Leave out anything sensitive about anyone, such as their health, and anything Brandstillery doesn’t need.

What the AI makes

• Brandstillery uses AI to write what it makes for you. AI can be wrong: it can misread what you gave it, state things that aren’t true, or produce something that doesn’t fit. Read everything before you rely on it or pass it on.
• What it makes is a starting point for your own judgment, not professional advice, and we don’t promise any result from using it.
• You decide what you publish or send, and you’re responsible for it, including checking that it doesn’t infringe anyone else’s rights.
• Other customers who give similar answers can get similar results.
• Some lines are written in your customer’s voice, such as the insight at the center of the deck. They’re composites the AI writes from your answers, not quotes from real people. A line shown as a customer’s own words is taken from your answers.
• What the deck says about competitors and the market reflects what you told it, not research.

Acceptable use

You must not:

• put in anything you don’t have the right to share, including a client’s confidential information without their permission;
• try to make the AI produce something unlawful, deceptive or harmful, or get around its safeguards;
• try to reach another customer’s data, or get around a limit, allowance or access control;
• scrape or automate Brandstillery other than through features we provide, or put unreasonable load on it;
• resell access to Brandstillery itself, or use it to build a competing product; or
• use it for anything unlawful.

Writing strategies for your own clients, and charging them for that work, is what Brandstillery is for.

Payment

Everything Brandstillery sells is a one-time payment. There’s no subscription, nothing renews, and you’re never charged again unless you buy again.

What you can buy, and its current price, is on the pricing page and at checkout:

• Brands. One brand, or a pack of several. Each makes one brand, with one deck and 35 idea sessions.
• A deck re-run. One new deck for a brand you already have, from updated answers.
• Idea sessions. A top-up of 25 sessions for a brand.

• The price you pay is the one shown at checkout. Prices are in US dollars and don’t include sales tax, VAT or similar taxes. Where those apply, you pay them, either to us if the law requires us to collect them, or directly to the tax authority.
• Payments are processed by Stripe. Your card details go to Stripe and never reach us.

Brands, and when one is used

• Brand credits don’t expire. A credit you haven’t used stays available.
• Starting a brand uses one credit. The brand’s deck never expires. Its 35 idea sessions last a year from the day you create the brand; a top-up’s sessions last a year from the day you buy them.
• When it’s used. A brand counts as used once its first deck has been generated. Until then, if you delete the brand, you get the credit back. If a generation fails, nothing is used.
• What’s included at no extra cost. The writing helper (up to 150 uses a day per brand), and regenerating or refining a single post idea.
• Deleting a brand removes it from your list. It doesn’t erase its data from our systems; see deleting your data.

Refunds

You can ask for a full refund within 14 days of a purchase if you haven’t generated a deck or used an idea session from it. If a deck comes back wrong, we re-run it free, as many times as it takes, and if that still doesn’t give you something you can use, we refund the purchase. We don’t refund a deck that works as described.

• To ask, email webmaster@brandstillery.co from the address on your account within 14 days of the purchase.
• If a deck comes back wrong. Email us. Every deck is saved, so we see exactly what you received. If it misreads your answers, or something in it is missing or broken, we re-run it at no cost.
• What a refund does. It cancels what the purchase paid for, and it doesn’t delete anything already made. Anything from that purchase you haven’t used yet can no longer be used.
• If you’re a consumer. Brandstillery is sold for business and professional use. If you buy as a consumer and your local law gives you a right to cancel (in the EU and UK, 14 days), these terms don’t take that right away. To cancel under it, email webmaster@brandstillery.co within 14 days of your purchase saying you want to cancel. You don’t need to give a reason or use a form. We’ll refund you within 14 days of your message, the way you paid.
• Disputed payments. If you dispute a payment with your bank or card issuer, what that purchase paid for is suspended straight away, as with a refund. If the dispute is settled in our favor, email us and we’ll restore it.

Who owns what

• You own what you put in. As between you and us, you also own the strategies, decks and post ideas Brandstillery makes for your brands. You can use them, change them and give them to your clients, for any purpose, without crediting us.
• You let us store and process what you put in, and send it to the providers who receive data, only to run Brandstillery for you.
• Whether AI-written material can be protected by copyright depends on the law where you are and on how much of your own work goes into it. We don’t promise that it can, or that similar material won’t be made for someone else.
• We own Brandstillery: the software, its design, the name and the logo. If you send us feedback, we may use it without owing you anything.

Availability and changes

• We work to keep Brandstillery running, but we don’t promise it will always be available or free of errors.
• We may change, add or remove features, and how what it makes looks.
• Every deck you generate is saved in your account. Download a PDF or PowerPoint file if you need a copy that doesn’t depend on us.

Suspension and ending

• You can stop using Brandstillery at any time. To have your data erased, see deleting your data.
• We may suspend or close your account if you break these terms, if a payment is reversed or disputed, or if the law requires it. We’ll tell you why, unless the law prevents us. If we close an account for breaking these terms, there’s no refund.
• If we ever stop offering Brandstillery, we’ll email account holders first and give you time to download your decks.
• The sections on payment, refunds, who owns what, warranties and liability, your responsibility for claims, governing law and general terms still apply after this agreement ends.

Warranties and liability

• Brandstillery is provided “as is” and “as available”. To the extent the law allows, we make no promises beyond those in these terms, including about the accuracy of anything the AI writes, or about whether anything made with Brandstillery is fit for a particular purpose.
• We’re not liable for lost profits, revenue, business, data or goodwill, or for any indirect or consequential loss.
• Our total liability for all claims is limited to what you paid us in the 12 months before the claim, or $100 if you paid nothing.
• Nothing in these terms limits liability that the law doesn’t allow to be limited, such as for fraud, gross negligence or willful misconduct, or your rights as a consumer under mandatory law.

Your responsibility for claims

If someone makes a claim against us because of what you put in or published, such as information about a client or a competitor you didn’t have the right to share, or something you published, or because you broke these terms or the law, you’ll cover our reasonable costs and losses from it.

Governing law

These terms are governed by the law of the State of New York, USA. Disputes go to the state or federal courts in Westchester County, New York. If you’re a consumer, you keep the protection of the mandatory laws where you live and can bring a claim in your local courts.

Changes to these terms

We may update these terms. When we do, we’ll post the new version here with a new date, and the next time you use Brandstillerywe’ll ask you to accept it before you carry on. A change doesn’t take away what you’ve already paid for.

General

• These terms are the whole agreement between us about Brandstillery.
• If a court finds part of them unenforceable, the rest still applies.
• If we don’t enforce a term straight away, we can still enforce it later.
• You can’t transfer this agreement without our consent. We may transfer it to whoever takes over the business.
• We’ll send notices to the email address on your account. Send yours to webmaster@brandstillery.co.

Contact

Spotstillery LLC, trading as Brandstillery
240 Harriman Road, Irvington, NY 10533, USA
webmaster@brandstillery.co