Terms of service

These terms are between ELVRA AI Solutions Ltd, company number 17390942, registered office 26 Field Farm Close, Bristol BS34 8XX (ELVRA, we, us) and the business that creates a Brand OS account (you). Contact: info@elvraaisolutions.com.

1. Accepting these terms

1.1 You accept these terms when you tick the acceptance box at sign-up, or when you order or pay for any Brand OS service, whichever is first. We record the date, time, account and version of the terms you accepted.

1.2 Brand OS is for business use only. By accepting, you confirm that you are acting for a business or in the course of your trade or profession, and that you have authority to bind that business.

1.3 If we change these terms we will tell you by email and in the app at least 30 days before the change takes effect for existing customers. If you do not agree, you may cancel under clause 7.

2. The service

2.1 Brand OS is a software platform that helps you build a brand (the build) and then plan, create and publish marketing content (the subscription), using artificial intelligence. What is included depends on the plan you choose and is described on our pricing page at the time you order (the Plan).

2.2 Plans: Foundation, Growth and Scale are available under these terms. Each has a one-off build fee of £499 (plus VAT if we are VAT-registered when you order; see clause 4.1), followed by a monthly subscription fee at the price shown at the time you order.

2.3 Growth Partner and any bespoke arrangement is provided under a separate signed agreement with us. If there is a conflict, the signed agreement prevails.

2.4 A monthly subscription cannot be taken without the build, and the build must be completed and paid for first.

3. Build-only purchases

3.1 You may buy the build on its own without a subscription. A build-only purchase gives you access to the platform for 7 days from the date you pay for the build. During that time you can view and download the items created in your build. It does not include any credits, regeneration of items, creating new content, scheduled publishing, channel connections or any other feature.

3.2 When the 7 days end, your access stops and you cannot sign back in unless you take a subscription. Anything you have not downloaded by then will only be available again if you subscribe. We will make this clear before you buy the build-only option, in the app during the 7 days, and by email 2 days before access ends. You can take a subscription at any time, and your build carries over.

4. Fees and payment

4.1 Fees are shown in pounds sterling. We are not currently registered for VAT, so we do not charge VAT at present. If we become VAT-registered, we will add VAT at the applicable rate to fees from the date of registration and tell you in advance.

4.2 You pay by card through our payment provider, Stripe. The build fee is charged when you order. Subscription fees are charged monthly in advance on the same date each month until you cancel.

4.3 Subscriptions renew automatically each month. By ordering you authorise us and Stripe to charge your card for the build fee, each renewal, and any credit top-ups you buy.

4.4 If a payment fails we may retry it and, if it remains unpaid, suspend your account (clause 15). You must pay any amount that is overdue.

4.5 We may change subscription prices by giving you at least 30 days' notice. The new price applies from your next billing date after that notice period.

5. Credits

5.1 Some actions in Brand OS use credits. Your Plan states the credits included each billing cycle.

5.2 Unused monthly credits roll over to the next month, up to a maximum of three months' allowance. Anything above that is lost.

5.3 You can buy extra credits at the rates shown in the app. Credits you buy as a top-up do not expire. Credits are not refundable.

6. Team logins

6.1 Each account has one owner with full editing rights. The owner can add other people from their business who may view and download content.

6.2 You are responsible for everyone you add, for keeping login details secure, and for anything done through your account.

7. Cancelling

7.1 You can cancel your subscription at any time from your account settings or by emailing us. Cancellation takes effect at the end of the billing period you have already paid for. You keep access until then and we do not charge you again.

7.2 We do not refund part-periods or unused credits. The build fee is non-refundable once the build has started, except where the law requires otherwise.

7.3 When the billing period you have paid for ends, your account moves to download-only access. You then have 30 days to download and export your content. The same applies if we end your account under clause 15.2. After the 30 days we delete or anonymise your data unless the law requires us to keep it.

7.4 Cancelling does not affect your ownership of anything you have already been given (clause 9).

8. Your content

8.1 You keep ownership of everything you give us, such as business details, logos, text and images (Your Content).

8.2 You give us a non-exclusive, worldwide, royalty-free licence to use Your Content only to provide Brand OS to you, including sending it to the AI and other service providers we use for that purpose.

8.3 You confirm that Your Content, and our use of it as set out here, does not infringe anyone's rights or break the law, and you will cover us for claims arising from a breach of this promise.

8.4 You must give us accurate and up-to-date information. We are not responsible for loss that results from information you give us being wrong, incomplete or out of date.

8.5 We will not use Your Content or your personal data to train or improve any AI model belonging to us or anyone else.

9. What you own: brand assets and output

9.1 Once you have paid for the build, you own the finished brand assets and documents created for you through Brand OS, for example your logo files, brand guidelines, templates and documents (Your Output). You can use Your Output during and after your subscription. Cancelling does not end your right to use it.

9.2 We keep all rights in the Brand OS platform, including its software, AI prompts, templates, brief structures, workflows and know-how (the Platform). We give you a non-exclusive, non-transferable right to use the Platform while your account is active.

9.3 You must not copy, reverse engineer or extract the Platform's templates, structures or prompts, create anything derived from them, or use the Platform to build or benchmark a competing product.

10. AI-generated content

10.1 Brand OS uses artificial intelligence to create text, images, logos, designs and documents. AI output can contain mistakes, may not be unique, and may resemble existing material.

10.2 You must review everything before you use or publish it. You are responsible for checking that it is accurate, suitable and lawful for your business.

10.3 We do not carry out trade mark, copyright or design searches. Before you rely on a name, logo or slogan, particularly for registration, you should get your own checks.

10.4 We do not give legal, financial, compliance or regulatory advice. All information we provide is general and based on best practice. We do not guarantee any particular result from your marketing.

11. Connected channels and publishing

11.1 If you connect a social media, advertising, email or website account, you authorise us to access it and to post or send content on your behalf, only as set by your approvals and settings in Brand OS.

11.2 You confirm you have the right to connect the account and that connecting it does not breach that platform's terms.

11.3 You are responsible for the content published from your account once you approve it or set it to publish automatically. Our approval settings are there to help you check it first.

11.4 Those platforms have their own terms and can change, restrict or suspend accounts or connections without notice. We are not responsible for that or for any loss that results.

11.5 You can disconnect a channel at any time. Disconnecting stops us publishing to it.

12. Acceptable use

12.1 You must not use Brand OS to break the law or anyone's rights, to send spam, to produce misleading, defamatory, hateful or unlawful content, or to interfere with or attack the service or other customers.

12.2 We may remove content or suspend access if you break this clause.

13. Your data and privacy

13.1 Our Privacy Policy explains how we handle personal data about you and your team. It is at app.elvrabrandos.com/legal/privacy.

13.2 Where you put personal data about your own customers, contacts or leads into Brand OS, we process it for you as your processor, only on your instructions and as described in our Privacy Policy.

13.3 Your data is hosted on cloud servers located in Ireland (EU). Some service providers, such as AI providers, may process data outside the UK and EU under approved safeguards, as listed on our suppliers page.

13.4 You must make sure you have the right to give us the data you upload, and that you have given any notices and have any consents you need.

14. Availability and changes

14.1 We work to keep Brand OS available but do not promise it will never be interrupted or error free.

14.2 We improve Brand OS regularly. We may change, add or remove features, run automatic updates and security patches, and will aim to make sure changes do not significantly reduce what your Plan includes. If a change does significantly reduce what your Plan includes, we will give you notice under clause 1.3 and you may cancel under clause 7.

15. Suspension and termination by us

15.1 We may suspend your account if you do not pay, break these terms, or if we reasonably think your use is harming the service or others. Where we can, we will tell you first.

15.2 We may end your account on 30 days' notice for any reason. If we do so, we will refund the part of any prepaid subscription fee that covers the period after the account ends.

15.3 We may end your account immediately if you seriously break these terms and do not fix the problem within 14 days after we tell you, or if the breach cannot be fixed, or if you become insolvent.

16. Liability

16.1 Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be limited.

16.2 Subject to that, and to the extent the law allows, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, customers, business, goodwill, reputation or data, even if we were told it might happen.

16.3 Subject to clause 16.1, our total liability to you arising from or in connection with these terms and the services, whether in contract, negligence or otherwise, is limited to the subscription fees you actually paid us in the 12 months before the event giving rise to the claim or the build fee you paid, whichever is higher.

16.4 That cap does not apply to wilful misconduct, breach of confidentiality or infringement of intellectual property rights. Nothing in this clause limits your obligation to pay the fees due to us.

16.5 We exclude all promises and warranties not set out in these terms, as far as the law allows.

16.6 You are responsible for having insurance suitable for your business and its marketing activities.

17. Confidentiality

17.1 Each of us must keep confidential any non-public information the other tells us in confidence, and use it only for these terms, except where the law requires disclosure or where it is shared with advisers or service providers who must keep it confidential.

18. General

18.1 Third-party services: we use other providers to run Brand OS. Their terms may apply to parts of the service, and we are not liable for their failures beyond our own obligations under these terms.

18.2 Force majeure: neither of us is liable for delay or failure caused by events beyond our reasonable control, other than an obligation to pay money.

18.3 Notices: we will contact you at the email address on your account. You can contact us at info@elvraaisolutions.com.

18.4 Assignment: you may not transfer your rights under these terms without our consent. We may transfer ours to a successor to our business.

18.5 Third party rights: nobody other than you and us has rights to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

18.6 Severance: if part of these terms is found unenforceable, the rest continues.

18.7 Entire agreement: these terms, with the Privacy Policy, are the whole agreement and replace anything said or written before.

18.8 Disputes: we will try to settle any dispute in good faith first, and then by mediation, before going to court. This does not stop either of us seeking an urgent injunction.

18.9 Governing law: these terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.