Terms of Service

1. Definitions

In these Terms:

• "Company", "we", "us", or "our" means Mad Production, the operator of Brand Wizard.
• "Service" means the Brand Wizard platform accessible at brandbook.madproduction.ai, including all features, AI generation, brand book creation, PDF export, and any related tools or APIs.
• "User", "you", or "your" means any individual or legal entity accessing or using the Service.
• "Content" means any text, images, data, brand information, or other material submitted to, generated through, or exported from the Service.
• "AI Output" means any text, image, design, copy, or other material generated by artificial intelligence models in connection with your use of the Service.
• "Deliverable" means the final PDF brand book file generated and made available for download after purchase.
• "Order" means a confirmed one-time purchase transaction for a Deliverable.

2. Eligibility and Account Requirements

2.1 You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use this Service. By using the Service you represent and warrant that you meet this requirement.

2.2 If you are using the Service on behalf of a company, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" refers to both you and that entity, and you accept these Terms on behalf of both.

2.3 We reserve the right to refuse service to anyone at any time, at our sole and absolute discretion, without notice or liability.

2.4 You are responsible for maintaining the confidentiality of any session, access token, or download link issued to you. You are fully liable for all activity that occurs under your session or through your download link.

3. Description of Service

3.1 Brand Wizard is an AI-powered brand book generation platform. The Service allows users to input brand information, receive AI-generated brand copy and imagery, preview and edit a brand book, and purchase a one-time PDF export.

3.2 Certain features — including the wizard, AI generation preview, and brand book editing — are available without payment. Access to the final PDF export requires a completed purchase.

3.3 The Service is provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted availability. Scheduled or emergency maintenance may result in temporary unavailability without notice or compensation.

3.4 We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice, and without liability to you or any third party.

3.5 The Service uses third-party AI providers (currently Google Gemini) to generate text and imagery. We do not guarantee the quality, accuracy, originality, suitability, or fitness for purpose of any AI Output. AI Output may contain errors, inaccuracies, or unintended content. You use AI Output entirely at your own risk.

4. Payments, Pricing and Billing

4.1 All payments are processed exclusively by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for all transactions. Paddle is responsible for collecting payment, remitting taxes, and complying with applicable payment regulations. By purchasing, you agree to Paddle's terms of service and privacy policy in addition to these Terms.

4.2 All prices are displayed in US dollars (USD) unless otherwise indicated. Prices are subject to change at any time without notice. The price at the time of your Order is the price you pay for that Order.

4.3 Purchases are one-time transactions. There are no subscriptions and no recurring charges unless explicitly stated at the time of purchase.

4.4 Add-on charges for AI logo generation and image regeneration beyond any free allocation are billed per-use and are non-refundable once the generation has been performed, regardless of the output quality.

4.5 You are responsible for all applicable taxes, levies, or duties imposed by the tax authorities of your jurisdiction, beyond what Paddle already remits as Merchant of Record.

4.6 We reserve the right to cancel or void any Order that we believe was made fraudulently or in violation of these Terms, and to seek recovery of any losses resulting from such fraud.

5. Refunds and Cancellations

5.1 The refund policy applicable to your purchase is set out in our separate Refund Policy, which is incorporated into these Terms by reference.

5.2 Because the Service involves the real-time consumption of AI compute resources, generation credits consumed prior to cancellation or refund request are non-refundable.

5.3 Chargebacks initiated outside of our refund process will be disputed. We maintain detailed server-side records of all generation events, payment verifications, and download access timestamps. You consent to our use of such records in any chargeback or payment dispute proceedings.

6. Intellectual Property

6.1 Your Content

You retain ownership of all original brand information, text, and assets you submit to the Service (your "Input Content"). By submitting Input Content you grant Mad Production a worldwide, royalty-free, non-exclusive licence to process, store, and use your Input Content solely to provide the Service to you.

6.2 AI Output

AI Outputs are generated by third-party AI models. We make no representations or warranties regarding the originality, uniqueness, or intellectual property status of any AI Output. It is your sole responsibility to verify that any AI Output does not infringe the intellectual property rights of any third party before using it commercially. We disclaim all liability arising from any IP claims related to AI Output.

6.3 Platform and Templates

All platform code, design templates, page layouts, user interface elements, trade marks, logos, and branding of Brand Wizard and Mad Production are and remain the exclusive intellectual property of Mad Production. You are granted a limited, non-exclusive, non-transferable licence to use the platform solely for the purpose of creating your own brand book. No other use is permitted.

6.4 Restrictions

You may not, directly or indirectly: (a) copy, reproduce, distribute, or publicly display any part of the platform or templates; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service; (c) use the Service to build a competing product; (d) sell, sublicense, or otherwise transfer access to the Service to any third party; (e) use automated tools to scrape or extract data from the Service.

6.5 Feedback

Any suggestions, feedback, or ideas you provide regarding the Service may be used by Mad Production without any obligation of compensation, attribution, or confidentiality.

7. User Obligations and Acceptable Use

7.1 You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.

7.2 You expressly agree NOT to:

• Use the Service to generate content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or illegal under the laws of any applicable jurisdiction.
• Submit any content that infringes the intellectual property, privacy, or other rights of any third party.
• Attempt to circumvent any payment, access control, rate limit, or security measure.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Use the Service in any manner that could impose an unreasonable or disproportionately large load on our infrastructure.
• Introduce malicious code, viruses, or harmful components of any kind.
• Use the Service for any deceptive, fraudulent, or misleading commercial purpose.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Collect or harvest any data from the Service beyond what is necessary for your own personal use.
• Use the Service to generate content for a brand that competes directly with Brand Wizard.

7.3 We reserve the right to investigate any suspected violation of this section and to take any action we deem appropriate, including immediate termination of access, reporting to law enforcement, and pursuing civil remedies. You agree to cooperate with any such investigation.

8. Privacy and Data

8.1 Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 You acknowledge that the Service transmits your brand inputs to third-party AI providers for the purpose of generating AI Output. You consent to this transmission and warrant that such transmission does not violate any confidentiality obligation, third-party rights, or applicable law.

8.3 You are solely responsible for ensuring that any personal data relating to third parties that you submit to the Service is submitted lawfully and with all necessary consents.

9. Third-Party Services and Links

9.1 The Service integrates with and depends on third-party services including but not limited to: Paddle (payments), Google Gemini API (AI generation), Vercel (hosting), and Unsplash (imagery). We are not responsible for the availability, accuracy, content, policies, or practices of any third-party service.

9.2 Any links to third-party websites are provided for convenience only. We do not endorse and are not responsible for the content or practices of those websites. Accessing them is entirely at your own risk.

9.3 The Service may be affected by the availability and performance of third-party AI models. We are not liable for any degradation in AI Output quality, any changes to AI model behaviour, or any interruption of service caused by third-party AI providers.

10. Disclaimers of Warranties

You acknowledge that AI-generated brand content — including names, slogans, colour suggestions, and imagery — may require independent professional review before commercial use. Mad Production is not a branding agency, legal adviser, or trade mark attorney. Nothing in the Service constitutes professional advice of any kind.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, the total aggregate liability of Mad Production to you for all claims arising from or related to the Service, regardless of the form of action, shall not exceed the greater of: (a) the total amount you paid to Mad Production in the twelve (12) months preceding the event giving rise to the claim; or (b) USD $10 (ten US dollars).

11.2 Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the minimum extent permitted by applicable law. Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded by law.

11.3 You acknowledge that the limitations of liability in this section are a fundamental element of the basis of the bargain between you and Mad Production, and that Mad Production would not provide the Service without such limitations.

12. Indemnification

12.1 You agree to defend, indemnify, and hold harmless Mad Production and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your use or misuse of the Service.
• Your Input Content, including any claim that your Input Content infringes the rights of any third party.
• Your commercial use of AI Output, including any IP infringement claims.
• Your violation of any applicable law or regulation.
• Any dispute between you and any third party.

12.2 Mad Production reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim and not settle any claim without our prior written consent.

13. Termination and Suspension

13.1 We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if we reasonably believe you have violated any provision of these Terms.

13.2 Upon termination, all licences granted to you cease immediately. You must stop using the Service. Any provision of these Terms that by its nature should survive termination shall survive, including Sections 6, 7, 10, 11, 12, 14, 15, and 16.

13.3 Termination does not entitle you to any refund, compensation, or access to previously generated content.

14. Dispute Resolution

14.1 Before initiating any formal dispute, you agree to contact us at info@madproduction.ai and attempt to resolve the dispute informally for a period of not less than thirty (30) days.

14.2 Any dispute that cannot be resolved informally shall be referred to and finally resolved by arbitration administered in Hong Kong in accordance with the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules then in force. The arbitration shall be conducted by a sole arbitrator. The language of arbitration shall be English. The seat of arbitration shall be Hong Kong.

14.3 WAIVER OF CLASS ACTIONS: TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Nothing in this section prevents either party from seeking urgent or interim injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

15. Governing Law and Jurisdiction

15.1 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles.

15.2 Subject to the arbitration clause in Section 14, you irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region for the resolution of any disputes not subject to arbitration.

15.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Mad Production with respect to the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

Waiver. Failure by Mad Production to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time without restriction.

Force Majeure. Mad Production shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, power failures, internet disruptions, or third-party service outages.

No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Mad Production.

Notices. All notices to Mad Production must be sent in writing to info@madproduction.ai. Notices to you may be delivered to the email address associated with your Order or by posting to brandbook.madproduction.ai.

Language. These Terms are written in English. Any translated version is provided for convenience only. In the event of any inconsistency between the English version and a translation, the English version prevails.

Updates. We reserve the right to update these Terms at any time by posting the revised version at this URL. Changes become effective immediately upon posting. Your continued use of the Service after any update constitutes acceptance of the revised Terms. It is your responsibility to check this page regularly.

17. Contact

For legal notices and questions about these Terms, contact Mad Production at: info@madproduction.ai

We will endeavour to respond within 10 business days. Response time does not constitute acceptance of any claim or waiver of any right.