BrandKit Customer Terms of Service

1. About BrandKit

BrandKit is operated by Snowball Effect Ventures Limited, a New Zealand registered company (company number 6415354, NZBN 9429046333681).

Throughout these Terms:

• BrandKit, we, us and our mean Snowball Effect Ventures Limited.
• Customer, you and your mean the person or organisation that accepts these Terms.
• If you accept these Terms for an organisation, that organisation is the Customer.

2. The agreement between us

Your agreement with BrandKit may include more than one document. Together, these documents form the Agreement.

Where they apply, the Agreement includes:

• an Order Form, accepted proposal, checkout confirmation, invoice or other written commercial confirmation;
• any applicable Special Offer Terms;
• any product-specific terms or addendum that we expressly incorporate;
• these Customer Terms of Service;
• our Privacy & Data Policy;
• our Acceptable Use Policy;
• our Referral Program Terms, if you participate in that program;
• any Data Processing Addendum agreed between us; and
• any other document expressly incorporated by reference.

If there is a conflict, the documents apply in the order listed above, but only to the extent needed to resolve that conflict.

A sales conversation, demonstration, roadmap, support discussion, marketing statement or other informal communication does not change the Agreement unless BrandKit confirms the relevant commitment in writing.

3. Who may use BrandKit

BrandKit is designed primarily for organisations and business users.

If you use BrandKit for a company, partnership, trust, government agency or other organisation, you confirm that:

• you have authority to bind that organisation;
• the organisation accepts the Agreement;
• the organisation is responsible for its Authorised Users; and
• the Services are being acquired in trade, unless we expressly agree otherwise.

You must be legally capable of entering into a binding agreement and must not use the Services where doing so would be unlawful.

4. Useful definitions

• Account: the account through which you and your Authorised Users access the Services.
• Authorised User: a person you permit to access your Workspace.
• BrandKit Technology: the Services and all software, APIs, interfaces, workflows, designs, templates, databases, documentation, source code, object code, algorithms, models, systems, know-how and intellectual property owned or licensed by BrandKit.
• Customer Data: information, files, communications, records, artwork, branding assets, product data, pricing, customer information, emails, images and other content submitted to, stored in or generated within your Workspace, excluding BrandKit Technology.
• Consumption-Based Services: optional or usage-sensitive services that may be subject to additional fees, metered billing, separate credit balances or fair-use caps, including artificial intelligence (AI) features, automated image generation, optical character recognition (OCR), SMS messaging, email sends beyond included allowances, document conversions, and third-party API usage.
• Core Subscription Functionality: the core capabilities included within your standard recurring Subscription plan fee, namely customer relationship management (CRM), interactive quotes, client portals, production workflows, inventory management, and reporting tools.
• Documentation: BrandKit's published help articles, implementation materials and technical guidance.
• Order Form: a quotation, proposal, invoice, online checkout, subscription confirmation, signed document or other written record describing your commercial arrangement with BrandKit.
• Services: BrandKit's hosted software platform, websites, APIs, portals, integrations, AI functionality, Documentation and related services.
• Special Offer: a commercial arrangement that differs from BrandKit's standard publicly available pricing or packaging, including founder, early adopter, pilot, launch, partner, promotional, custom, grandfathered or lifetime offers.
• Subscription: your right to access the Services under an applicable plan, Order Form or Special Offer.
• Subscription Term: the period during which you are entitled to access a paid Subscription.
• Workspace: your organisation-specific BrandKit environment and associated records.

5. Your Account and users

Creating an Account

You must provide accurate, current and complete registration and billing information and keep it up to date.

You must not create an Account using false or misleading information, impersonate another person, or sell or transfer an Account without our written approval.

Managing access

You control who may access your Workspace. You are responsible for assigning appropriate permissions, reviewing access and removing users when access is no longer required.

Keeping your Account secure

You must take reasonable steps to protect your Account credentials, connected email accounts, devices and authentication methods.

Tell us promptly at support@brandkitcrm.com if you become aware of unauthorised access, compromised credentials or another security incident affecting your Account.

We may temporarily restrict access where we reasonably believe this is needed to protect you, BrandKit, another customer, a third party or the Services.

6. Using BrandKit

Your right to use the Services

As long as you comply with the Agreement and pay the applicable fees, BrandKit gives you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services during the Subscription Term for your internal business purposes.

You receive a right to use the Services. You do not receive ownership of BrandKit Technology.

Improving BrandKit

BrandKit is constantly evolving. We may add new features, improve existing ones, change how parts of the Services work, or retire functionality that no longer makes sense.

We may make changes to improve the Services, meet legal or security requirements, respond to third-party changes, prevent misuse or maintain the commercial viability of the Services.

We will not materially reduce the Core Subscription Functionality of a paid Subscription during its current prepaid term without reasonable notice, unless we need to act urgently for legal, security or third-party dependency reasons.

If a change materially and adversely reduces the Core Subscription Functionality of your paid Subscription, contact us within 30 days. We will work with you in good faith to provide a reasonable remedy, alternative functionality or, where appropriate, a pro-rata refund for the affected unused prepaid period.

Availability

We aim to keep BrandKit reliable and available, but no online service is available without interruption. Unless an Order Form includes a separate service-level commitment, we do not guarantee uninterrupted or error-free operation.

The Services may occasionally be unavailable because of maintenance, security events, internet or hosting failures, third-party outages, events outside our reasonable control or other technical or operational causes.

Support

Support is provided according to the support level included in your Subscription or Special Offer. Unless we expressly say otherwise, response times are targets rather than guaranteed service levels.

7. Trials, free plans and early-access features

Trials

We may offer free or discounted trials. We will show or communicate the trial duration, included functionality, conversion arrangements and any payment requirements when the trial begins.

Trial functionality may be limited, may change during the trial and may be withdrawn. Trial data may be deleted after the trial or following a reasonable retention period.

Free plans

Free plans may have limits on users, portals, storage, records, integrations, AI usage or other functionality. We may change or discontinue a free plan by giving reasonable notice.

Beta and early access

Alpha, beta, preview, experimental and early-access functionality may be incomplete, contain errors, change substantially, be withdrawn or never become generally available.

You are responsible for deciding whether beta functionality is suitable for your use. Please do not rely on it for production-critical processes unless we expressly agree otherwise.

8. Plans and Special Offers

Standard plans

BrandKit may offer different plans, packages, add-ons and usage allowances. The features and limits that apply to you are those shown on the applicable pricing page, Order Form or Special Offer when you subscribe, subject to the Agreement.

Flexible commercial arrangements

We may offer different prices, discounts, benefits or commercial terms to different customers or customer groups. Receiving or learning about one Special Offer does not entitle another customer to the same offer.

Special Offers are subject to our Special Offer Terms, which explain the rules for discounts, price locks, lifetime access, and renewal conditions.

A Special Offer may include:

• founder, launch or early-adopter pricing;
• pilot or partner arrangements;
• discounted or custom recurring fees;
• free periods or credits;
• grandfathered pricing or price locks;
• custom user or usage allowances;
• priority support or roadmap input;
• lifetime access; or
• other non-standard commercial terms.

How Special Offers are recorded

The details of a Special Offer may be recorded in an Order Form, proposal, checkout page, invoice, email or other written communication issued or confirmed by BrandKit. Those details are the Offer Terms and form part of the Agreement.

Offer Terms may identify the applicable plan, price, billing frequency, included users, usage, discount duration, renewal conditions, price-lock status, eligibility requirements and customer-specific benefits.

Price locks

A price is locked only where the Offer Terms expressly describe it as locked, fixed, grandfathered or equivalent.

Unless the Offer Terms say otherwise, a price lock:

• applies only to the recurring base Subscription fee identified in the offer;
• continues while that Subscription remains continuously active and paid;
• does not apply to taxes, add-ons, additional users, increased usage, usage-based charges, third-party costs, professional services or separately priced products;
• does not prevent charges resulting from an upgrade or change requested by you;
• ends if the Subscription is cancelled, expires or is terminated for cause; and
• is non-transferable and cannot be reinstated without our written agreement.

A failed payment will not automatically remove a price lock if you remedy the payment within the applicable payment recovery period.

Future features

Where a Special Offer is tied to a named plan, you will generally receive features later released as part of that same plan, subject to the plan's limits.

Unless expressly included, this does not include:

• separately sold products, modules or premium add-ons;
• new subscription tiers or product categories;
• third-party services or integrations that create additional cost;
• usage-based functionality, AI credits, telecommunications or messaging fees;
• professional services, implementation or bespoke development; or
• functionality acquired from or supplied by another provider.

We may restructure or rename plans. If that happens, we will determine the closest reasonably equivalent plan for an existing Special Offer, taking account of the original functionality and commercial intent.

Lifetime offers

A Subscription is a lifetime offer only where the Offer Terms expressly use that description.

Unless expressly stated otherwise, lifetime means the commercial lifetime of the applicable BrandKit product or service, not the lifetime of the Customer or any individual.

A lifetime offer:

• does not guarantee that BrandKit or a particular product will operate indefinitely;
• does not include separately priced products, add-ons or third-party charges unless stated;
• may remain subject to fair-use, storage, user and usage limits;
• is non-transferable unless expressly permitted; and
• may be terminated for fraud, abuse or material breach.

Early-adopter participation and feedback

An early-adopter or founder offer does not require you to provide feedback unless the Offer Terms say otherwise.

Roadmap input does not guarantee that we will build a requested feature, build it in a particular way or make it exclusive to you.

Custom development

Unless a separate written development agreement says otherwise, Subscription fees do not include bespoke development. Product improvements, features and development work remain owned by BrandKit and may be made available to other customers.

9. Subscriptions and payments

Subscription term and renewal

Your Subscription begins on the date shown in the applicable Order Form or checkout.

Unless stated otherwise, paid Subscriptions renew automatically for successive periods equal to the existing billing cycle until cancelled.

Fees

You must pay the fees and charges described in your Order Form.

Unless stated otherwise:

• Subscription fees are billed in advance;
• usage-based and variable fees may be billed in arrears;
• fees are stated exclusive of GST and other applicable taxes;
• fees are non-refundable except where the Agreement or law expressly provides otherwise; and
• payment obligations are not cancelled merely because the Services were not used.

Payment processing

Payments may be processed by Stripe or another provider. By supplying a payment method, you authorise BrandKit and its payment provider to charge recurring fees, applicable taxes, usage charges, authorised add-ons and other amounts properly due.

Taxes

You are responsible for taxes, duties and government charges arising from your purchase, excluding taxes based on BrandKit's net income. We may collect GST, VAT or similar taxes where required.

Failed or overdue payments

If payment is overdue, we may notify you, retry payment, restrict paid functionality, suspend the Account, recover reasonable collection costs where permitted, or terminate the affected Subscription.

We will not suspend access for a genuinely disputed amount while we are working in good faith to resolve it, provided all undisputed amounts are paid.

Upgrades and increased usage

Upgrades may take effect immediately and may be charged on a prorated basis.

If your usage exceeds an included allowance, we may ask you to reduce usage, purchase additional capacity, move to another plan or pay disclosed overage charges.

Downgrades

A downgrade normally takes effect at the end of the current billing period unless stated otherwise.

Downgrading may reduce access to users, features, records, portals, storage, integrations or data. You are responsible for exporting information you need before the downgrade takes effect.

Refunds and credits

Except where required by law or expressly stated in an Order Form, Subscription fees are non-refundable, unused time is not converted to cash and credits have no cash value.

We may grant a refund or credit at our discretion. Doing so in one case does not require us to do so in another.

10. Cancelling or ending a Subscription

Cancelling

You may cancel a recurring Subscription through your Account settings where available or by contacting support.

Unless the Offer Terms say otherwise:

• cancellation takes effect at the end of the current paid billing period;
• paid access continues until that date;
• no further renewal fee is charged; and
• fees already paid are not refunded.

Deleting an Account, removing a payment method or simply stopping use does not necessarily cancel a Subscription.

Ending the Agreement for breach

Either party may terminate an affected Subscription if the other materially breaches the Agreement and does not fix that breach within 14 days after written notice.

We may suspend or terminate access immediately where reasonably necessary because of fraud, unlawful use, a serious security threat, deliberate interference, repeated spam or abuse, non-payment following notice, or conduct likely to cause material harm.

Insolvency

Either party may terminate if the other becomes insolvent, enters liquidation or stops carrying on business, subject to applicable insolvency law.

What happens when a Subscription ends

When a Subscription ends:

• your right to use paid functionality ends;
• outstanding fees become payable;
• connected integrations may stop;
• Special Offer benefits and price locks may be lost; and
• Customer Data is handled under section 14.

Sections that are intended to survive termination continue, including payment, confidentiality, intellectual property, indemnity, liability and dispute provisions.

11. Your responsibilities

BrandKit provides software. You remain responsible for operating your business.

You are responsible for:

• your use of the Services and the conduct of Authorised Users;
• the accuracy, quality and legality of Customer Data;
• obtaining all required rights, permissions and consents;
• configuring roles, approvals, workflows and integrations appropriately;
• reviewing quotes, pricing, calculations, artwork, outputs and communications before relying on or distributing them;
• maintaining independent records and backups where appropriate;
• complying with laws that apply to your business, products, communications and customers;
• protecting credentials and connected systems; and
• ensuring Authorised Users comply with the Agreement.

Unless we expressly agree otherwise, BrandKit does not act as your accountant, lawyer, tax adviser, employment adviser, procurement adviser, health and safety adviser, compliance officer, records manager, marketing adviser or managed IT provider.

12. Acceptable use

You and your Authorised Users must comply with the Acceptable Use Policy.

Without limiting that policy, you must not use the Services to:

• break the law or violate another person's rights;
• send spam or unlawful unsolicited communications;
• upload malware or harmful code;
• attempt unauthorised access to systems, accounts or data;
• circumvent security, access controls, plan limits or tenant boundaries;
• conduct vulnerability testing without written permission;
• scrape or extract data through unauthorised automated methods;
• reverse engineer or attempt to derive source code except where law expressly permits;
• interfere with the availability, integrity or performance of the Services;
• store or distribute unlawful, defamatory, infringing or deceptive content;
• use non-public aspects of the Services to develop or train a directly competing product;
• resell access unless expressly authorised; or
• create unreasonable technical load or material harm.

We may investigate suspected misuse and take proportionate action, including restricting the relevant activity or suspending access.

13. Artificial intelligence and automated features

How AI features work

BrandKit may include artificial intelligence, machine learning and other automated features that assist with drafting, recommendations, classification, artwork analysis, pricing support, workflow suggestions and data extraction.

You must review outputs

You are responsible for information submitted to AI features and for reviewing resulting outputs.

AI-generated outputs may be incomplete, inaccurate, unsuitable, non-unique or affected by limitations in underlying models and data.

Please apply reasonable human review before relying on an output, especially for pricing, legal, financial, compliance, safety or customer-facing decisions.

No professional advice

AI-generated content is not legal, financial, accounting, tax, employment or other professional advice.

Third-party models

Some AI features may rely on third-party model providers. Their availability and technical limitations may affect the Services.

We will handle Customer Data supplied to AI providers in accordance with our Privacy & Data Policy, applicable product settings and contractual commitments.

Using AI responsibly

You must not intentionally submit unlawful content, personal information you have no right to process, highly sensitive information not reasonably required for the feature, or content intended to compromise, evade or misuse AI safeguards.

14. Your data

You own your data

As between BrandKit and you, you retain ownership of Customer Data.

Permission to process it

You give BrandKit and its subprocessors a non-exclusive right to host, copy, transmit, display, modify and otherwise process Customer Data only as reasonably necessary to provide, secure, support and improve the Services, comply with law, prevent fraud and follow your instructions.

Your rights and permissions

You confirm that you have all rights, permissions and lawful grounds required for BrandKit to process Customer Data as contemplated by the Agreement.

Security

We use administrative, technical and organisational safeguards designed to protect Customer Data and separate customer workspaces.

No internet-based service can guarantee absolute security. We do not promise that unauthorised access, loss or security incidents will never occur.

Exports

You may export supported Customer Data using available functionality. We do not guarantee that every configuration, audit record, generated artefact or system field can be exported in its original format.

What happens to data after termination

After termination or expiry, we may disable access to the Workspace.

Unless law, an Order Form or a separate retention commitment requires otherwise, we may delete Customer Data after a reasonable retrieval period. Our current intended retrieval period is 30 days, but this is not a guaranteed backup period.

Please export any data you need before the Subscription ends.

We may retain information required for legal, tax, security or fraud-prevention purposes, backup copies until overwritten in ordinary cycles, and aggregated or de-identified data that does not identify you or an individual.

15. Privacy

We process personal information in accordance with our Privacy & Data Policy and applicable privacy law.

Where BrandKit processes personal information on your behalf, we may enter into a Data Processing Addendum where reasonably required.

You are responsible for:

• providing required privacy notices;
• identifying an appropriate lawful basis for processing;
• obtaining marketing, mailbox and communications consents;
• responding to individual requests where you are responsible for doing so;
• configuring retention and access appropriately; and
• telling us if personal information was supplied unlawfully or without required authority.

16. Integrations and third-party services

Connected services

BrandKit may connect with Google, Microsoft, Stripe, ecommerce platforms, supplier systems, storage providers and other third-party services.

You confirm that you have authority to connect each account and permit BrandKit to access and process information through that connection.

Third-party dependencies

Third-party services are controlled by their providers and may be subject to separate terms, fees, limits and privacy practices.

We are not responsible for third-party outages, provider changes, data accuracy, security incidents outside our control, or your relationship with the provider.

We may modify or discontinue an integration if the provider changes its service or continued operation becomes legally, technically or commercially impracticable.

Electronic communications

You are responsible for ensuring communications sent through the Services comply with applicable anti-spam, privacy, marketing and consumer laws.

We may apply sending limits or suspend communications functionality where we reasonably believe activity may violate law, constitute spam, harm sending reputation, breach provider policies or impair the Services.

17. Intellectual property

BrandKit Technology

BrandKit and its licensors retain all rights in BrandKit Technology. Except for your limited right to use the Services, no rights are transferred to you.

Your materials

You retain ownership of logos, artwork, documents, product information and other materials you supply.

You give us the limited rights needed to operate the Services and provide requested support.

Feedback

We welcome suggestions, ideas and feedback.

You give BrandKit a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation.

This does not give us ownership of your Confidential Information, Customer Data, trademarks or existing intellectual property.

Generated outputs

Subject to third-party rights and applicable law, you may use outputs generated for you through the Services.

We do not promise that generated outputs are unique, non-infringing or eligible for intellectual property protection.

Customer references

We will not use your name, logo or trademarks publicly as a customer reference without permission, unless an Order Form or separate written agreement allows it.

Open-source and third-party software

The Services may include open-source or third-party components governed by their own licence terms. Those terms apply to the relevant components and do not expand your rights in BrandKit Technology.

18. Confidentiality

What is Confidential Information?

Confidential Information means non-public information disclosed by one party to the other that is identified as confidential or should reasonably be understood to be confidential.

It includes non-public business information, pricing, product plans, security information, Customer Data and technical information.

How we each protect it

Each party must:

• use the other party's Confidential Information only to perform or receive the Services;
• protect it using reasonable care;
• disclose it only to personnel, advisers and service providers who need it and are bound by confidentiality obligations; and
• not disclose it to others without permission.

What is not confidential

Confidential Information does not include information that is public without breach, was lawfully known without restriction, is lawfully received from another source, is independently developed, or is approved for release.

A party may disclose information where required by law, provided it gives notice where legally permitted.

Customer Confidentiality

BrandKit recognises that many customers operate in industries where commercially sensitive information is stored within the Services.

BrandKit will not access, use or disclose Customer Data except:

• to provide the Services;
• at the Customer’s request;
• to comply with legal obligations;
• to investigate security or abuse; or
• as otherwise permitted under this Agreement.

BrandKit personnel access Customer Data only where reasonably necessary to perform those functions and are subject to confidentiality obligations.

19. Our service commitments and disclaimers

Authority

Each party confirms that it has authority to enter into the Agreement.

Our service commitment

We will provide paid Services with reasonable care and skill and substantially in accordance with applicable published Documentation.

If we breach this commitment, your primary remedy is for us to use reasonable efforts to correct the affected Services.

If correction is not reasonably possible, either party may terminate the affected Subscription and we will refund prepaid fees attributable to the unused affected period.

Important disclaimers

Except as expressly stated and to the maximum extent permitted by law:

• the Services are provided on an as-available basis;
• we do not guarantee uninterrupted or error-free operation;
• we do not promise that the Services will be suitable for every purpose;
• we do not warrant the accuracy of third-party data or AI-generated outputs;
• we are not responsible for decisions made using the Services; and
• implied warranties, representations and conditions are excluded.

Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.

20. Indemnity

You will indemnify BrandKit and its officers, employees and contractors against third-party claims, losses, liabilities and reasonable costs arising from:

• Customer Data or Customer materials that infringe another person's rights;
• your unlawful use of the Services;
• communications sent by you in breach of law;
• your material breach of sections 11 or 12; or
• products, services, statements or commitments offered by you through the Services.

This indemnity does not apply to the extent a claim was caused by BrandKit's breach, negligence or wilful misconduct.

We must notify you promptly, provide reasonable cooperation at your cost and allow you to control the defence and settlement, provided no settlement admits fault or imposes a non-monetary obligation on BrandKit without our approval.

21. Liability

Types of loss neither party covers

To the maximum extent permitted by law, neither party is liable for:

• indirect or consequential loss;
• loss of profit, revenue, savings, opportunity or goodwill;
• loss or corruption of data that could reasonably have been avoided through suitable backup or export practices; or
• loss resulting from third-party services outside that party's reasonable control.

This applies whether a claim arises in contract, tort, negligence, equity, statute or otherwise.

Liability cap

To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to the Agreement during any 12-month period will not exceed the fees paid or payable by you to BrandKit for the affected Services during the 12 months immediately before the event giving rise to liability.

For free Services, BrandKit's aggregate liability will not exceed NZ$100.

Exceptions

The exclusions and caps in this section do not apply to:

• your payment obligations;
• fraud or wilful misconduct;
• breach of confidentiality;
• infringement or misappropriation of the other party's intellectual property;
• indemnity obligations under section 20;
• death or personal injury caused by negligence where liability cannot be limited; or
• liability that cannot lawfully be excluded or limited.

The parties agree that these limits reflect a reasonable allocation of risk and form part of the basis on which BrandKit sets its fees.

22. New Zealand consumer and trading laws

Nothing in these Terms limits rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other law where those rights cannot lawfully be excluded.

Where you acquire the Services in trade, the parties agree, to the maximum extent permitted by law, that:

• the Consumer Guarantees Act 1993 does not apply; and
• sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to dealings under the Agreement,

provided it is fair and reasonable for the parties to be bound by this provision.

This section does not permit misleading or deceptive conduct and does not exclude obligations that cannot legally be contracted out of.

23. Changes to these Terms

We may update these Terms to reflect changes to the Services, legal or regulatory requirements, security or technical developments, changes to our business model, or improvements in clarity.

If a change materially affects existing paid customers, we will provide reasonable advance notice by email, through the Services or by another reasonable method.

Material changes will generally take effect at the beginning of your next renewal period unless you agree earlier, the change benefits you, or the change is required urgently by law or for security reasons.

If a notified material change substantially disadvantages you, you may cancel the affected Subscription before the change takes effect. Where appropriate, we will refund prepaid fees attributable to the unused period.

Continued use after an applicable change takes effect constitutes acceptance of the revised Terms.

24. Notices

We may send operational and legal notices to the email address associated with your Account, through the Services, through an Order Form, or by posting an update on the relevant legal page.

Please keep your contact details current.

Legal notices to BrandKit must be sent to support@brandkitcrm.com.

A notice is treated as received when delivered, or on the next New Zealand business day if sent outside normal business hours.

25. Disputes and governing law

Resolving issues in good faith

Before starting formal proceedings, each party will try in good faith to resolve the dispute through discussions between representatives authorised to settle it.

This does not prevent either party from seeking urgent interim or injunctive relief.

New Zealand law

The Agreement is governed by New Zealand law.

Courts

The courts of New Zealand have non-exclusive jurisdiction over disputes arising from or relating to the Agreement.

26. General legal terms

Entire agreement

The Agreement is the entire agreement between the parties concerning the Services and replaces prior discussions, proposals and representations concerning the same subject matter.

Assignment

You may not assign or transfer the Agreement without our prior written consent, which will not be unreasonably withheld.

We may assign the Agreement to an affiliate or as part of a merger, reorganisation, financing or sale of all or substantially all of the relevant business or assets.

Any assignment by BrandKit must not materially reduce your rights under an active prepaid Subscription.

Subcontractors

We may use affiliates, hosting providers, payment processors, AI providers and other subcontractors to provide the Services. BrandKit remains responsible for its obligations under the Agreement.

Events outside our control

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil unrest, industrial action, government action, widespread internet failure or major third-party infrastructure outages.

This does not excuse payment obligations for Services already provided.

Export controls and sanctions

You must not use, export or provide access to the Services in violation of applicable export control or sanctions laws.

No partnership

The Agreement does not create a partnership, joint venture, employment, fiduciary or agency relationship.

No waiver

Failure to enforce a provision is not a waiver of that provision or any other right.

Severability

If part of the Agreement is unenforceable, it will be modified to the minimum extent necessary or removed, and the remainder will continue in effect.

Electronic agreement

The Agreement may be accepted electronically. Electronic acceptance, records and signatures have the same effect as physical versions to the extent permitted by law.

Interpretation

Headings are for convenience only. Words such as including mean including without limitation. A reference to writing includes email and other electronic communications capable of being retained.

27. Contact us

Have questions about our Terms of Service? Contact us at support@brandkitcrm.com.

BrandKit is operated by Snowball Effect Ventures Limited, New Zealand company number 6415354, NZBN 9429046333681.