Special Offer Terms

1. How these terms work

These Special Offer Terms form part of the agreement between you and BrandKit whenever you accept a Special Offer.

Your agreement may include:

• your Offer Summary, Order Form, proposal, checkout confirmation, invoice or other written offer confirmation;
• these Special Offer Terms;
• the BrandKit Customer Terms of Service;
• the Privacy & Data Policy;
• the Acceptable Use Policy; and
• any other document expressly incorporated into your offer.

If these documents conflict, your specific Offer Summary takes priority for the commercial details of your Special Offer, followed by these Special Offer Terms and then the Customer Terms of Service, but only to the extent needed to resolve the conflict.

A sales conversation, demonstration or informal message does not change a Special Offer unless BrandKit confirms the change in writing.

2. What counts as a Special Offer

A Special Offer is a commercial arrangement that differs from BrandKit's standard publicly available pricing or packaging. It may include:

• founder, early-adopter or launch pricing;
• pilot or beta customer arrangements;
• partner, investor or strategic customer pricing;
• a custom monthly or annual rate;
• a percentage or fixed-value discount;
• free or reduced-price periods;
• grandfathered or price-locked pricing;
• custom user, portal, storage or usage allowances;
• priority support, early access or roadmap participation;
• a lifetime offer; or
• another written commercial arrangement approved by BrandKit.

BrandKit may offer different terms to different customers or customer groups. A Special Offer made to one customer does not create an entitlement for another customer to receive the same pricing or benefits.

3. Your Offer Summary

Every Special Offer should be accompanied by a short written Offer Summary. This may appear in a proposal, Order Form, invoice, checkout page, email or subscription confirmation.

The Offer Summary should identify the material details that apply, which may include:

• the applicable BrandKit plan or package;
• the recurring or one-time price and currency;
• whether billing is monthly, annual or otherwise;
• the date the offer starts and, where relevant, ends;
• the number of included users, Workspaces, portals or other allowances;
• whether a discount is temporary or ongoing;
• whether the recurring price is locked;
• whether the offer includes future features from a named plan;
• any priority support, early-access or participation benefits;
• any eligibility conditions or customer commitments; and
• any special cancellation, renewal or transfer rules.

If an item is not stated in the Offer Summary, the standard position in these Special Offer Terms and the Customer Terms of Service applies.

4. Eligibility and acceptance

Offer eligibility

Special Offers may be limited by customer type, location, industry, launch period, referral source, participation requirements, number of available places or other criteria stated in the Offer Summary.

BrandKit may verify eligibility before or after activation. You must provide accurate information and must not obtain an offer through misrepresentation, duplicate Accounts, unauthorised transfer or manipulation of an offer process.

Accepting an offer

You accept a Special Offer when you do any of the following after receiving the Offer Summary:

• sign or accept an Order Form or proposal;
• complete the relevant checkout;
• confirm acceptance in writing;
• pay the first applicable invoice; or
• begin using the Services where the offer states that use constitutes acceptance.

Offer expiry

BrandKit may set an acceptance deadline or limit the number of available places. An unaccepted offer may be changed or withdrawn at any time.

Once properly accepted, BrandKit will honour the Special Offer according to the agreement.

5. Discounts and custom recurring prices

Temporary discounts

If the Offer Summary gives a discount for a stated period, the Subscription will move to the price identified for the period after the discount ends. If no later price is stated, it will move to the then-current standard price for the applicable plan.

Ongoing discounted prices

An offer described as ongoing, continuing or discounted for as long as the Subscription remains active will continue subject to the conditions in the Offer Summary and these Terms.

An ongoing discount is not necessarily a price lock. Unless the offer expressly fixes the underlying amount, a percentage discount may continue to apply to the then-current standard price.

Fixed custom rates

A fixed custom rate remains the stated amount only for the period expressly identified in the Offer Summary. After that period, BrandKit may renew the arrangement, offer new terms or move the Subscription to applicable standard pricing.

6. Price locks and grandfathered pricing

A price is locked only where the Offer Summary expressly describes it as price locked, fixed permanently, grandfathered or equivalent.

Unless the Offer Summary states otherwise, a price lock:

• applies only to the recurring base Subscription fee identified in the Offer Summary;
• continues only while the applicable Subscription remains continuously active and paid;
• does not apply to GST, taxes, additional users, extra Workspaces, storage, usage, AI credits, messaging, third-party charges, professional services or separately priced products;
• does not prevent charges caused by a customer-requested upgrade, added capacity or change of billing scope;
• does not guarantee that a particular plan name, interface or individual feature will remain unchanged;
• ends if the Subscription is cancelled, expires or is terminated for cause; and
• is non-transferable and cannot be reinstated unless BrandKit agrees in writing.

A failed payment will not automatically remove a price lock if the amount is paid within the payment recovery period provided by BrandKit.

If BrandKit restructures or renames its plans, we will map a price-locked Subscription to the closest reasonably equivalent plan, taking account of the original commercial intent and included functionality.

7. Future features and plan evolution

Features included with a named plan

If the Offer Summary states that the Special Offer includes a particular plan, you will generally receive features later released as part of that same plan, subject to its applicable limits.

What is not automatically included

Unless the Offer Summary expressly says otherwise, a Special Offer does not automatically include:

• new products or product families;
• new plan tiers or editions;
• separately sold modules or premium add-ons;
• usage-based features or consumption credits;
• AI, messaging, storage, payment or telecommunications charges that create additional cost;
• third-party services, licences or integrations with additional fees;
• professional services, migration, implementation or training;
• bespoke or private development; or
• functionality acquired from or supplied by another provider.

Changing the product

BrandKit will continue to improve and evolve the Services. Features may be added, updated, replaced or retired in accordance with the Customer Terms of Service.

A promise to include future features from a named plan does not mean every feature BrandKit ever creates will be included in that plan.

8. Lifetime offers

A Special Offer is a lifetime offer only where the Offer Summary expressly uses the word lifetime.

Unless the Offer Summary states otherwise, lifetime means the commercial lifetime of the applicable BrandKit product or service, not the lifetime of the customer, founder, business owner or any individual.

A lifetime offer:

• does not guarantee that BrandKit or the applicable product will operate indefinitely;
• provides access only to the product, plan, limits and benefits identified in the Offer Summary;
• does not include separately priced products, add-ons, usage costs or third-party charges unless expressly stated;
• may remain subject to fair-use, technical, storage, user and usage limits;
• is non-transferable unless the Offer Summary expressly allows transfer;
• may require the customer to keep its Account active and contact information current; and
• may be suspended or terminated for fraud, abuse, unlawful use or material breach.

If BrandKit permanently discontinues the applicable product or service, lifetime access ends when that product or service is discontinued.

Where reasonably practical, BrandKit may offer an alternative, migration path or transition period, but is not required to operate a discontinued product indefinitely.

9. Included users, usage and fair use

Your included users, portals, Workspaces, storage, AI usage and other allowances are those stated in the Offer Summary or applicable plan.

Unless the Offer Summary says otherwise, additional users, capacity, usage and add-ons are charged at the rates applying when they are added.

Where an offer uses the word unlimited, use remains subject to the Acceptable Use Policy and reasonable operational limits. Unlimited does not permit resale, account sharing, abnormal automation or use that creates disproportionate cost or service disruption.

If legitimate usage materially exceeds the scope contemplated by the offer, BrandKit may discuss an appropriate add-on, plan or custom arrangement with you.

10. Upgrades, downgrades and plan changes

Upgrades

You may request an upgrade at any time. Unless BrandKit confirms otherwise, the upgrade will be priced using the rates and discounts available when the upgrade is accepted.

A price lock on one plan does not automatically lock the price of a higher plan.

Downgrades

A downgrade may reduce features, allowances and access. Unless BrandKit confirms otherwise, downgrading ends any price lock or Special Offer benefit tied to the previous plan.

Returning after a change

If you later return to a previous plan, the old Special Offer does not automatically return. The then-current standard pricing or a newly agreed offer will apply.

11. Billing, taxes and payment

The billing cycle, price and currency are stated in your Offer Summary. Unless stated otherwise, recurring fees are billed in advance and renew automatically until cancelled.

Prices are exclusive of GST and other applicable taxes unless expressly stated otherwise.

You authorise BrandKit and its payment provider to charge the payment method on file for recurring fees, applicable taxes, authorised add-ons, usage charges and other properly due amounts.

Late or failed payment is handled under the Customer Terms of Service. Repeated or unresolved non-payment may result in suspension, termination and loss of Special Offer benefits.

12. Cancellation and reactivation

Unless the Offer Summary says otherwise, you may cancel at any time and cancellation takes effect at the end of the current paid billing period.

Fees already paid are not refunded except where the agreement or law expressly provides otherwise.

When a Special Offer Subscription is cancelled, expires or is terminated, its pricing and benefits end.

Reactivating later creates a new Subscription at the then-current standard pricing or under a new offer approved by BrandKit. The previous price lock, discount, founder status or lifetime benefit does not automatically return.

13. Trials, credits and refunds

Trials

A trial attached to a Special Offer is governed by the duration and conversion details in the Offer Summary. If payment details are collected and automatic conversion is intended, this must be stated when the trial starts.

Credits and free periods

Credits and free periods have no cash value, are non-transferable and may expire as stated in the Offer Summary.

Refunds

Special Offer fees are non-refundable unless the Offer Summary, Customer Terms of Service or applicable law says otherwise.

If a lifetime or one-time offer includes a specific refund period, the Offer Summary must state that period and any conditions.

14. Stacking, combining and replacing offers

A Special Offer cannot be combined with another discount, credit, referral incentive or promotional arrangement unless BrandKit expressly agrees in writing.

If BrandKit allows an offer to replace an existing offer, the new Offer Summary will state which pricing and benefits continue and which end.

Referral rewards and commissions are governed separately by the Referral Program Terms and may be calculated after discounts and credits.

15. Transfer, resale and changes of control

Special Offers are issued to the customer identified in the Offer Summary and may not be sold, assigned, sublicensed or transferred without BrandKit's written approval.

A change in the customer's legal name or internal ownership does not automatically end an offer, provided the same legal customer continues to hold the Subscription and the change is not used to resell or transfer the offer.

A sale of the customer's business, merger, restructuring or transfer to another legal entity may require BrandKit's approval and updated commercial terms.

16. Early-adopter, founder and pilot participation

An early-adopter, founder or pilot customer is not required to provide feedback, testing or publicity unless the Offer Summary expressly says so.

Where participation commitments are included, they may involve:

• reasonable product feedback;
• testing selected pre-release features;
• participating in implementation discussions;
• providing a testimonial or case study with prior approval;
• allowing BrandKit to use the customer's name or logo as agreed; or
• meeting agreed pilot milestones.

Roadmap input is advisory. It does not guarantee that BrandKit will build a request, build it by a particular date, make it exclusive or maintain it indefinitely.

If participation is a material condition of a discount and the customer does not meet the agreed commitment after reasonable notice, BrandKit may end the participation benefit or propose revised terms, but will not retroactively charge past discounts unless the Offer Summary expressly allows it.

17. Beta and early-access features

Special Offers may include alpha, beta, preview or early-access functionality.

These features may be incomplete, change substantially, contain errors, be withdrawn or never become generally available.

Unless the Offer Summary expressly promises otherwise, beta access is not a service-level commitment and does not form part of the core functionality guaranteed for the Subscription.

Confidential beta information must not be publicly disclosed without BrandKit's permission.

18. Feature requests and custom development

Customers may submit feature requests, ideas and feedback. BrandKit decides whether, when and how to use them.

Unless a separate written development agreement states otherwise:

• BrandKit is not required to implement a request;
• a requested feature is not exclusive to the requesting customer;
• BrandKit owns the resulting product development and may offer it to others;
• Subscription fees do not include bespoke development; and
• delivery estimates and roadmap statements are not binding commitments.

Private or proprietary development requires a separate written agreement that clearly addresses scope, fees, ownership, confidentiality, maintenance and access.

19. Confidentiality of bespoke commercial terms

The existence of a generally available promotion is not confidential.

Customer-specific pricing, negotiated allowances and unpublished commercial terms should be treated as confidential where the Offer Summary marks them confidential or the circumstances reasonably indicate that they are confidential.

This does not prevent either party from sharing information with professional advisers, auditors, investors, insurers or authorities where reasonably necessary and subject to suitable obligations.

20. Fair and accurate offer communication

BrandKit aims to describe Special Offers accurately and clearly, including the price, discount period, renewal position and any important conditions.

If an Offer Summary contains an obvious administrative or pricing error, BrandKit may correct it before acceptance.

If an obvious error is discovered after acceptance, BrandKit will contact the customer promptly and work in good faith to agree a fair correction. BrandKit will not knowingly use artificial reference prices or misleading discount claims.

21. Fraud, abuse and circumvention

BrandKit may cancel or withhold a Special Offer where it was obtained or used through:

• false information or misrepresentation;
• duplicate or sham Accounts;
• unauthorised transfer or resale;
• payment fraud, chargeback abuse or referral manipulation;
• circumvention of eligibility, usage or account limits;
• material breach of the Customer Terms of Service or Acceptable Use Policy; or
• other conduct designed to obtain benefits contrary to the purpose of the offer.

Where reasonable, BrandKit will provide notice and an opportunity to respond. Immediate action may be taken for fraud, security risk or serious abuse.

22. Changes to these Special Offer Terms

BrandKit may update these Special Offer Terms as our products, commercial models or legal obligations change.

A change will not retrospectively remove a specific price lock, paid entitlement or other material benefit already confirmed in an accepted Offer Summary.

For changes that materially affect an active Special Offer, BrandKit will provide reasonable notice. Material changes will generally apply from the next renewal period unless required earlier by law, security or to prevent abuse.

The version in effect when you accept a Special Offer applies together with any later changes made in accordance with this section.

23. Ending or pausing future offers

BrandKit may change, pause or stop offering new Special Offers at any time.

Ending an offer for new customers does not by itself cancel an offer already accepted by an existing customer.

Accepted offers continue according to their Offer Summary and the agreement unless they expire, are cancelled, are replaced by agreement or are terminated under the agreement.