Terms of Service

By accessing and using the BrandPilot website ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service apply to all visitors, users, and others who access or use the Service, including but not limited to individuals, organizations, and entities accessing the Service through any means.

We reserve the right to update these terms at any time without prior notice. Your continued use of the Service following any changes constitutes your acceptance of such changes. It is your responsibility to review these terms periodically for updates.

BrandPilot is a comprehensive branding and design agency based in London, providing professional services including:

• Brand strategy development and consulting
• Logo design and visual identity creation
• Marketing materials and campaign design
• Web design and digital branding solutions
• Corporate identity and brand guidelines
• Packaging design and product branding

Our Service includes our website, client portal, design tools, consultation services, and any related materials or communications. The specific scope of services will be outlined in individual client agreements.

As a user of our Service, you agree to:

• Provide accurate, current, and complete information during registration and throughout your use of the Service
• Maintain and promptly update your account information
• Maintain the security of your account and password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account
• Use the Service only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of BrandPilot and third parties
• Refrain from interfering with or disrupting the Service or servers

The Service and its original content, features, and functionality are owned by BrandPilot and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

All design materials, templates, methodologies, and creative assets developed by BrandPilot remain our exclusive property. Clients are granted a limited license to use deliverables specifically created for their projects as outlined in individual service agreements.

Users may not:

• Copy, modify, or create derivative works based on our Service or content
• Distribute, sell, or transfer any part of the Service to third parties
• Remove or alter any copyright, trademark, or other proprietary notices
• Use our name, logo, or trademarks without written permission

All fees for services are due according to the payment schedule outlined in your service agreement or project proposal. Accepted payment methods include bank transfer, credit cards, and other methods specified in your agreement.

Payment Terms:

• Projects typically require a 50% deposit to commence work
• Final payment is due upon project completion and before delivery of final files
• Invoices are due within 30 days of the invoice date unless otherwise specified
• Late payments may incur interest charges of 1.5% per month

Refund Policy:

• Deposits are non-refundable once work has commenced
• If you cancel a project before completion, you are responsible for payment for work completed to that point
• Minor revisions are included in our standard service packages
• Major scope changes may require additional fees

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet is 100% secure.

We will not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as described in our Privacy Policy or as required by law.

We understand the sensitive nature of business information and creative concepts. Both parties agree to maintain strict confidentiality regarding all non-public information shared during the course of our business relationship.

Confidential information includes but is not limited to:

• Business strategies and plans
• Financial information and data
• Creative concepts and designs not yet public
• Client lists and contact information
• Technical specifications and methodologies

This confidentiality obligation survives termination of our business relationship and continues for a period of five (5) years thereafter.

BrandPilot warrants that we will perform services in a professional manner consistent with industry standards. However, we do not guarantee specific business outcomes from the use of our branding services.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, BRANDPILOT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRANDPILOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO BRANDPILOT FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to defend, indemnify, and hold harmless BrandPilot, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms of Service
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of the Service caused damage to a third party

Either party may terminate the business relationship at any time with written notice. Upon termination:

• All ongoing projects will be completed according to the original agreement or terminated with payment for work completed
• Client access to project files and deliverables will be provided as specified in the service agreement
• Outstanding invoices become immediately due
• Confidentiality obligations survive termination

We may also terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

These Terms shall be interpreted and governed by the laws of England and Wales, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in London, England.

You and BrandPilot agree that any dispute resolution proceedings will be conducted on an individual basis only. Class actions, class arbitrations, and representative actions are prohibited.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

If you have any questions about these Terms of Service, please contact us:

Severability: If any provision of these Terms is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Force Majeure: We shall not be liable for any failure to perform due to unforeseen circumstances beyond our reasonable control.