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Terms and Conditions

Last updated: May 27, 2026

1. Agreement to these terms

These Terms and Conditions ("Terms") govern your access to and use of the website, software, and related services at usebrandmagic.com (collectively, the "Service") operated by Arkalys, a French micro-entreprise (auto-entrepreneur) ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

2. The Service

BrandMagic provides tools to create, edit, and export on-brand graphics for social media, launches, and marketing use. We may add, change, or discontinue features with reasonable notice where practicable. We do not guarantee any specific business outcome, engagement metric, or design result.

3. Accounts and security

You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity under your account. Notify us promptly at hello@usebrandmagic.com if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms or pose a security or legal risk.

4. Graphics packs, fees, and taxes

Certain features require purchasing graphics packs or other paid offerings. Fees, pack sizes, and limits are described at checkout and on our website. Graphics packs are generally one-time purchases unless we state otherwise; purchased graphics are credited to your account after successful payment.

Payments are processed by third-party payment providers. You agree to their terms when you pay. Fees are stated exclusive of applicable taxes unless we indicate otherwise; you are responsible for any taxes we are required to collect.

Price changes, if any, will be communicated in advance as required by law and your payment provider's policies.

5. Acceptable use

You agree not to:

6. Content and intellectual property

As between you and us, we retain all rights in the Service, including software, branding, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your access period.

You retain rights in content you submit. You grant us a license to host, process, and display information you submit to operate and improve the Service, consistent with our Privacy Policy. You are responsible for ensuring you have rights to any brand assets, reference images, or materials you upload.

7. Feedback

If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without obligation to you.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT GENERATED GRAPHICS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR EVERY USE CASE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARKALYS OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100), EXCEPT WHERE PROHIBITED BY LAW.

10. Indemnity

You will defend, indemnify, and hold harmless Arkalys and our officers, contractors, and representatives, from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, or your violation of these Terms or applicable law.

11. Term and termination

These Terms apply from the date you first use the Service until terminated. You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms or if we are required to do so by law.

Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.

12. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. If changes are material, we will provide additional notice as appropriate (for example, by email or in-product notice). Your continued use after the effective date constitutes acceptance of the revised Terms.

13. Governing law and disputes

These Terms are governed by the laws of France, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your country of residence apply.

Subject to mandatory rules in your jurisdiction, you agree that the courts of France have jurisdiction over disputes relating to these Terms or the Service, without prejudice to any venue rules that cannot be waived by agreement.

14. General

These Terms constitute the entire agreement between you and Arkalys regarding the Service and supersede prior agreements on this subject. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

15. Contact

Questions about these Terms: hello@usebrandmagic.com