Terms of Service

1. Service Description

BrandSwitch is a document rebranding platform that transforms documents from one brand identity to another. It is designed to assist with document migration and brand consistency, but:

• ❌ NOT a design agency or creative services provider
• ❌ NOT a substitute for professional graphic design review
• ❌ NOT a guarantee that output documents will meet your exact specifications
• ❌ NOT responsible for accuracy of brand assets you provide
• ❌ NOT responsible for the content within your documents

What it IS: a tool that applies brand transformations to documents YOU upload, using brand specifications YOU provide.

2. Company Information

Legal Entity: PM Project Change Pty Ltd

ABN: 83 692 182 479

Product: BrandSwitch

Website: brandswitch.app

Application: app.brandswitch.app

Location: Sydney, NSW, Australia

Contact: info@brandswitch.app

3. Eligibility

You must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Provide accurate information during registration
• Be responsible for maintaining account security
• Not use the service for illegal purposes
• Not be barred from using the service under applicable law

4. Account Responsibilities

You are responsible for:

• Password security: keep your password confidential and secure
• Account activity: all actions taken under your account
• Document accuracy: the accuracy and appropriateness of all documents and brand assets you upload
• Downloading outputs: downloading your transformed documents promptly after processing
• Compliance: ensuring your use complies with all applicable laws and regulations
• Unauthorized access: notifying us immediately if you suspect unauthorized access

We are NOT responsible for:

• Lost documents due to your failure to download outputs
• Unauthorized access due to password sharing or weak passwords
• Decisions you make based on output from the platform
• Brand compliance failures due to inaccurate brand assets you provided
• Content within documents you upload

5. Purchase and Payment

Current Offering

BrandSwitch's regular price is a one-time payment of $97 USD for Founders' Lifetime access, granting lifetime access to the service under fair use. During this Founders' launch period, Founders' Lifetime is available directly from us at the Founders' launch price of $47 USD. There is no subscription and no recurring charge for Founders' Lifetime purchasers. The Founders' launch price rises as BrandSwitch grows, so the price you see at checkout is the lowest it will be at that time.

Direct Purchases

• Purchases are processed securely by Stripe, a PCI-compliant payment processor - we never see or store your card details
• Access is linked to the email address you use at checkout
• Log in at app.brandswitch.app/login with your checkout email to get started
• Prices are in US dollars

If You Purchased via AppSumo

BrandSwitch previously ran a launch through AppSumo and may do so again in future. If you purchased via AppSumo:

• Your purchase was processed by AppSumo, not by us directly - AppSumo handled your payment and we never saw or stored your card details
• Your license and redemption code were issued by AppSumo at the time of purchase
• Redemption codes are one-time use. Each code activates one BrandSwitch license and cannot be reused or transferred once redeemed
• Access is linked to the email address you used to redeem your code and log in
• Refunds for AppSumo purchases are handled by AppSumo under AppSumo's standard 60-day no-questions refund policy - request a refund through your AppSumo account within 60 days of purchase; AppSumo processes the refund and revokes the associated license

Fair Use

Founders' Lifetime is an individual license under fair use, equivalent to at least Tier 1 of our future subscription plans. Every Lifetime Deal is grandfathered - if new pricing tiers are introduced, your Founders' access continues unchanged. Reselling access, sharing logins at scale, or automated bulk abuse is not covered and may result in access being revoked.

Refunds

• Direct purchases: a 60-day no-questions refund - email info@brandswitch.app within 60 days of purchase for a full refund
• If you purchased via AppSumo: refunds are handled through your AppSumo account, not directly by us - see "If You Purchased via AppSumo" above
• Nothing in these terms limits your rights under the Australian Consumer Law or equivalent consumer protection law in your jurisdiction

Future Pricing

• The Founders' launch price rises in steps as BrandSwitch grows, up to the regular price; Founders' Lifetime purchasers retain their access regardless of later price changes
• If subscription tiers are introduced, they will not affect existing lifetime purchases

6. Data Ownership and Control

You Own Your Data

Critical Principle: you retain complete ownership of all documents, brand assets, and content you upload to BrandSwitch.

Our Role

We are a processing and transformation service only. We do NOT:

• Claim ownership of your documents or content
• Sell your data to third parties
• Share your documents with anyone
• Use your documents for any purpose beyond providing this service
• Train AI models on your uploaded documents

License You Grant Us

By using the service, you grant us a limited license to:

• Process your documents on our servers for the purpose of brand transformation
• Temporarily store your documents during processing
• Generate and deliver transformed output documents to you

This license ends when your documents are deleted from our system.

7. Acceptable Use

You agree NOT to:

• Use the service for illegal activities or to violate any laws
• Attempt to hack, reverse engineer, or breach security measures
• Upload malicious code, viruses, or harmful software
• Violate intellectual property rights of third parties
• Upload documents you do not have the right to modify or rebrand
• Impersonate others or create fake accounts
• Share your account credentials with others
• Scrape or data mine the service
• Overload or interfere with service operations
• Use the service to produce fraudulent or misleading documents

Violation may result in immediate account termination.

8. Intellectual Property

Your Content

• You own: all documents, brand assets, and content you upload
• You control: download, delete, or modify your documents at any time
• You are responsible for: ensuring you have the right to upload and rebrand all content

Our Content

• We own: BrandSwitch application code, design, branding, and features
• License to you: a non-exclusive, non-transferable right to use the service while your account is active
• Restrictions: you may not copy, modify, distribute, or create derivative works of our platform

Trademarks

"BrandSwitch" and associated logos are trademarks of PM Project Change Pty Ltd. You may not use our trademarks without written permission.

9. Disclaimer of Warranties

Service Availability

• We do NOT warrant the service will be uninterrupted or error-free
• We do NOT guarantee zero downtime
• We do NOT guarantee compatibility with all devices, browsers, or document formats

Output Quality

• We do NOT guarantee that transformed documents will be pixel-perfect
• We do NOT warrant that all formatting will be preserved during transformation
• We do NOT guarantee that output will match your exact brand specifications in all cases

Security

• While we implement strong security measures, we do NOT guarantee absolute security
• No system is 100% secure from hacking, data breaches, or system failures

Consumer law: this disclaimer does not exclude any guarantees under the Australian Consumer Law, or equivalent consumer protection law in your jurisdiction, that cannot be excluded by law.

10. Limitation of Liability

We are NOT liable for:

• Data loss: lost documents, corrupted files, or deleted data
• Financial loss: lost profits, business opportunities, or income
• Brand damage: any harm arising from incorrectly transformed documents
• Service interruptions: downtime, outages, or unavailability
• Third-party failures: hosting, database, or CDN provider outages
• Data breaches: unauthorized access despite reasonable security measures
• Indirect damages: consequential, incidental, punitive, or special damages
• User error: incorrect brand assets provided, wrong documents uploaded

Maximum Liability Cap

In any event, our total liability to you is limited to the amount you paid for BrandSwitch in the 12 months prior to the claim (or $50 USD, whichever is greater).

Consumer Law

This limitation does not exclude guarantees under the Australian Consumer Law, or equivalent consumer protection law in your jurisdiction, that cannot be excluded. Where we breach a consumer guarantee, our liability is limited to re-supplying the service or paying the cost of re-supplying the service.

11. Data Security

1. Data Isolation

• Documents are processed in isolated sessions
• User data is separated at the database level
• Other users cannot access your documents

2. Encryption

• TLS/SSL encryption (HTTPS) for all data transmission
• Database encrypted at rest
• Passwords hashed using bcrypt

3. Infrastructure

• Hosted on secure cloud infrastructure
• DDoS protection via Cloudflare
• Bot protection via Cloudflare Turnstile

Incident Response

If we experience a data breach, we will notify affected users within 72 hours (as required by Australian law), notify the OAIC if required, and take immediate steps to contain and remediate the breach.

12. Termination

We may suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent activity
• Required by law or court order
• We discontinue the service (with 30 days notice)
• You use the service for illegal purposes

You may terminate by:

• Stopping use of the service
• Emailing info@brandswitch.app

Upon termination:

• Any documents still stored will be permanently deleted
• Your account information will be deleted within 30 days
• Ensure you have downloaded all transformed documents before terminating

Survival

The following sections survive termination: Data Ownership, Intellectual Property, Disclaimers, Limitation of Liability, Governing Law, Dispute Resolution.

13. Changes to Terms

We may modify these Terms of Service from time to time.

How We Notify You

• Email notification to your registered email address
• In-app notification banner
• 30 days notice before significant changes
• Updated "Last Updated" date at top of this document

Continued use after changes take effect = acceptance of new terms.

Pricing Changes

• Existing users: 30 days notice
• New users: new prices apply immediately
• You may cancel if you disagree with new pricing

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

Jurisdiction

• You agree that any disputes will be resolved in the courts of New South Wales, Australia
• You submit to the non-exclusive jurisdiction of those courts
• This does not affect your rights under the Australian Consumer Law or equivalent consumer protection law in your jurisdiction

Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

15. Dispute Resolution

Before taking legal action, you agree to attempt to resolve disputes informally:

Contact Us

• Email: info@brandswitch.app
• Describe the issue in detail
• We will respond within 7 business days

Good Faith Negotiations

• Both parties will attempt to resolve the dispute in good faith
• Negotiation period: 30 days from initial contact
• All communications remain confidential

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court:

• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect
• The invalid provision will be replaced with a valid provision that most closely matches the intent

17. Contact Information