These Terms of Service (the "Terms") form a legally binding agreement between you and BrandsAI ("BrandsAI", "we", "us", "our"). The contracting entity is PulsarOS Intelligence Inc. (Corp #17777191, BN 730610631RC0001), a federal Canadian corporation under the Canada Business Corporations Act with offices at 638 Center Street, Suite 408, Ottawa, Ontario, which operates the Service under the BrandsAI name. They govern your use of the BrandsAI iOS application (bundle identifier com.brandsai.app), the BrandsAI website, and any related service we operate (together, the "Service"). By creating an account, signing in, downloading, installing, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
We mean what these Terms say.
1, Acceptance, eligibility, and the Apple EULA
You may use the Service only if all of the following are true.
- You are at least 13 years old, and at least the age of majority in the jurisdiction where you live, or you use the Service under the supervision of a parent or legal guardian who has accepted these Terms on your behalf and who agrees to be bound by them.
- You are not barred from using the Service under the laws of Canada, your country of residence, or any country where the Service is offered.
- You are not on any sanctions list maintained by Canada, the United States, the European Union, the United Kingdom, or the United Nations Security Council.
If you got the iOS application from the App Store, your use is also governed by Apple's Licensed Application End User License Agreement (the "Apple EULA"), which is incorporated by reference. Where it conflicts with these Terms on a topic it covers, the Apple EULA controls. Apple Inc. is a third-party beneficiary of these Terms and may enforce them. You acknowledge that:
- Apple has no obligation to provide maintenance or support for the application.
- BrandsAI, not Apple, is responsible for any warranty (to the extent not disclaimed below), for any claim relating to the application (product liability, regulatory non-conformance, consumer protection), and for the investigation, defence, settlement, and discharge of any third-party intellectual property claim, all to the extent required by these Terms.
- You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
- The licensed application is licensed, not sold, on the terms in section 3.
2, Accounts and sign-in
Most features require an account. You create one with your email address and a password. Authentication is built and operated in-house on our sovereign Canadian backend, with passwords hardened using scrypt key derivation, so your credentials never leave our trust boundary.
You agree to provide accurate information (name and email), to keep it current, and to keep your password confidential. You are responsible for activity under your account, except where it results from our breach of these Terms or a security failure on our side.
You may have only one personal account unless we have authorized otherwise in writing. You may not share credentials or access another user's account without their permission.
If we suspect a security incident, we may require re-authentication, force a session reset, or temporarily suspend the account while we investigate. We will tell you as soon as we can.
You can delete your account at any time in the application. When you confirm, we remove your name and email address, erase or anonymize your personal information and remove the photographs and documents you uploaded, as described in section 7 of the Privacy Policy. We keep, with your identifying details removed, the records the law requires, and the credential the account was created with (the identifier from Sign in with Apple, or the protected form of the password). If the account used Sign in with Apple, signing in with it again reopens the account without your previous content; an account that used a password cannot be reopened. Encrypted backups age out on the schedule described in the Privacy Policy.
Access opens in waves. A member may receive a limited number of invites, each carried by a code on the member's access pass. An invite is personal, may be shared only with someone you know, and grants the recipient access when redeemed; it carries no monetary value and cannot be sold. In-app credits earned from a redeemed invite are a spend-only balance inside the Service, are not cash, cannot be withdrawn or transferred, and may be adjusted or withdrawn if an invite is obtained or redeemed abusively.
3, License to use the application
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the application on Apple-branded devices that you own or control for personal, non-commercial use, and to access the website and other Service components we make available. Where you got the application from the App Store, this license is the Licensed Application End User License under the Apple EULA, limited to use on devices that comply with Apple's usage rules.
We and our licensors keep every right not expressly granted. Except to the extent the law forbids us from restricting you, you may not: copy, modify, translate, or create derivative works of the Service; reverse engineer, decompile, or disassemble the application or derive its source code; remove proprietary notices; rent, lease, sell, sublicense, distribute, or commercially exploit the Service; use the Service to build a competing product; or circumvent any security feature.
The license ends when these Terms end, when you stop using the Service, or when Apple withdraws your right to use the application.
4, Your content and the license you grant us
The application lets you upload photographs, notes, garment labels, outfits, and other content ("User Content"). You keep every right you already had. We do not claim ownership.
To run the Service, you grant BrandsAI a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (only for technical purposes such as resizing), display, and process your User Content solely to provide the Service to you, including running AI features as you request, syncing across your devices, and producing the personalized outputs you ask for. The license lasts only as long as we hold your User Content under our retention rules and ends on deletion, subject to backups that age out per the Privacy Policy.
We do not use your User Content to train, fine-tune, or evaluate any third-party AI model. We do not use it to train our own foundation models without your explicit, opt-in consent, which you can withdraw at any time. Aggregate, anonymized signals that no longer identify you are excluded from this restriction.
You represent that you own or have the necessary rights to your User Content, that it does not infringe any third-party right, and that our processing under this license does not breach any law that applies to you.
5, Acceptable use
You agree not to use the Service to do, or to facilitate someone else doing, any of the following.
- Break any criminal, civil, or regulatory law that applies to you.
- Infringe a third party's intellectual property, privacy, publicity, or contract rights.
- Upload content that is defamatory, harassing, threatening, hateful, sexually exploitative of minors, or that promotes violence or self-harm.
- Generate AI outputs that misrepresent a real person without consent, including non-consensual intimate imagery, fake endorsements, or deceptive deepfakes.
- Distribute malware, ransomware, spyware, or any code designed to damage, disable, or covertly access systems or data.
- Interfere with the Service (denial of service, spam, mass automation, infrastructure-loading scraping, bypassing rate limits, authentication, or platform integrity checks).
- Probe, scan, or test the vulnerability of any system or network without our prior written consent through coordinated disclosure.
- Use the Service to build training datasets, datasets for sale, or competing AI products.
- Use the Service in connection with weapons of mass destruction, gross human-rights violations, or activities prohibited by Canadian sanctions law.
- Violate the Apple App Store Review Guidelines or the Apple EULA.
We can suspend or terminate your access if you breach this section, in line with section 9.
6, AI feature disclaimers
The Service uses artificial intelligence to analyze photographs, suggest outfits, summarize brand intelligence signals, and personalize recommendations.
- AI outputs are statistical predictions, not facts. They can be wrong, biased, incomplete, or outdated.
- AI outputs are not professional fashion, financial, medical, legal, or psychological advice and are not a substitute for any qualified professional.
- You are responsible for evaluating AI outputs before acting on them, especially where money, safety, reputation, health, or legal position is at stake.
- AI outputs may resemble or unintentionally reproduce existing styles, brands, or works. You are responsible for ensuring that any output you publish, share, or use commercially does not infringe a third party's rights.
- AI features are processed on sovereign Canadian infrastructure operated by BrandsAI under PulsarOS Intelligence Inc. governance. When a feature requires it, the specific content needed for that request is processed by vetted third-party AI providers through their business APIs, under contracts that prohibit the use of your content to train their models. We do not share your prompts or photographs with any AI vendor for training purposes.
- Some features render photographs of you: a face scan and, when you approve it, a digital clone sheet are used to place your own likeness in generated outfit and studio images. You consent to that processing when you complete the scan and approve the clone, you can retake or remove both in Settings, and removing them stops every later render from using your likeness. Generated images of you are for your personal use inside the Service and for sharing you choose to do; you must not present a generated image as a real photograph where that would mislead anyone, and you must not use the feature to render another person without their consent.
- We may change, throttle, or remove AI features as the model stack evolves. Where this affects a paid feature, your remedy is in section 7.
You keep ownership of your prompts and User Content. To the extent any output is generated by the model on your prompt, you may use it inside the Service for personal, non-commercial purposes, and we make no ownership claim against you over your AI outputs.
7, Subscriptions, in-app purchases, and refunds
Some features require a paid subscription or, in releases that offer it, a one-time in-app purchase ("IAP"). Subscriptions are billed through Stripe hosted checkout. Where a release offers Apple IAP, those purchases are processed by Apple under your Apple ID and governed by Apple's terms.
- Price, currency, billing cycle, free trial (if any), and renewal terms are shown before you confirm. By confirming, you authorize the applicable payment processor (Stripe, or Apple for App Store purchases) to charge your payment method and us to provision the feature.
- Paid plans begin with a seven (7) day free trial when offered at checkout. If you do not cancel before the trial ends, the subscription begins and the plan price is charged.
- Subscriptions auto-renew at the then-current price unless you cancel before the end of the current cycle. You manage and cancel your subscription inside the application (Profile, Settings, Subscription). If you purchased through the Apple App Store in a release that offers it, you manage that subscription in your App Store account settings instead. Cancelling stops the next renewal; it does not refund the current cycle, except where the law or the processor's policy requires it.
- For purchases billed through Stripe, we honour every refund right granted to you by your local consumer protection law, including the right of withdrawal under the Quebec Consumer Protection Act and EU and UK distance-selling rules; write to billing@brandsai.ca. Refunds for Apple-processed purchases, where offered, are handled by Apple under its policy and we cannot directly refund those transactions.
- We may change prices, but a change takes effect for an existing subscriber only at the next renewal, with advance notice and a chance to cancel.
8, Intellectual property and DMCA
The Service, including the application, the website, the visual design, the BrandsAI marks and logos, the recognition models, the wardrobe graph software, the brand intelligence pipelines, the documentation, and every other component we created, is owned by PulsarOS Intelligence Inc. or its licensors. These Terms do not transfer any of those rights.
If you believe Service material infringes your copyright, send a notice to copyright@brandsai.ca with the information required by section 512(c)(3) of the U.S. DMCA and the Canadian Copyright Act notice-and-notice regime: identify yourself; identify the work and the allegedly infringing material; state in good faith that the use is unauthorized; state under penalty of perjury that the information is accurate and that you are authorized to act; and sign (electronic signature is fine). We will respond within the legal timelines, may remove the material, and may terminate repeat infringers. Counter-notices go to the same address.
9, Term and termination
These Terms remain in effect for as long as you use the Service. You can terminate at any time by deleting your account in the application or writing to legal@brandsai.ca; termination by you ends the license in section 3 and triggers the data lifecycle in the Privacy Policy.
We can suspend or terminate your access: with immediate effect, for a breach that creates legal, security, or platform-integrity risk, or where a regulator, court, or platform partner requires us to; with at least seven (7) days' notice for an uncured material breach; or with at least thirty (30) days' notice for any other reason, including discontinuing the Service in your jurisdiction. Where you have a paid subscription, we refund the unused prepaid portion.
Termination does not relieve either party of obligations incurred beforehand, including payment obligations and indemnities. Sections that by their nature should survive (4 last sentence, 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17) survive termination.
10, Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranty of any kind, express, implied, or statutory. We disclaim all warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, and freedom from error or virus. We do not warrant that the Service will be uninterrupted, that defects will be corrected, that any AI output will be accurate, or that the Service will meet your specific requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights. Nothing in these Terms is intended to override the following:
- The Quebec Consumer Protection Act, including the legal warranty that goods and services be fit for the purpose for which they are ordinarily used and the right not to waive that warranty.
- Sections 8, 9, and 10 of the Canadian Consumer Protection Acts that govern implied conditions and warranties for consumers.
- The non-excludable rights under the EU Consumer Sales Directive, the UK Consumer Rights Act 2015, and the Australian Consumer Law where any of those apply to you.
For users in the European Economic Area and the United Kingdom: this section does not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
11, Limitation of liability
To the maximum extent permitted by law, BrandsAI, its officers, directors, employees, agents, contractors and licensors are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service, even if we have been advised of the possibility of those damages.
Our aggregate liability for any claim arising out of or in connection with the Service is limited to the greater of (a) the total amount you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD 100).
The limitations above do not apply to:
- liability for death or personal injury caused by negligence,
- liability for fraud or fraudulent misrepresentation,
- liability that cannot be limited under the Quebec Consumer Protection Act, the Quebec Civil Code articles on liability for one's own fault, or any other applicable consumer protection law,
- liability under any non-excludable consumer guarantee under EU, UK, or Australian law, and
- liability for our intentional or grossly negligent breach.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. To the extent the law in your jurisdiction restricts such limitations, this section applies to the maximum extent permitted there.
12, Indemnification
You agree to indemnify and hold harmless BrandsAI, its officers, directors, employees, agents, contractors and licensors from any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising from your User Content, your use of the Service in breach of these Terms, your violation of any law, or your violation of any third-party right (intellectual property, privacy, publicity, contract).
We will indemnify you against any third-party claim that the Service, used as permitted, infringes that third party's Canadian intellectual property right, provided you give us prompt notice, sole control of the defence and settlement, and reasonable cooperation. We are not obligated to indemnify you to the extent the claim is caused by your User Content, your modification of the Service, your combination of the Service with anything we did not provide, or your continued use of an allegedly infringing version after we have made a non-infringing version available.
If you are a consumer in a jurisdiction that restricts indemnities by consumers, the first paragraph applies only to the extent permitted there.
13, Governing law and venue
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict-of-law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.
Subject to section 14, the courts of the Province of Ontario, sitting in Ottawa, have exclusive jurisdiction over any dispute relating to these Terms or the Service.
If you are a consumer in the EEA, the UK, or any other jurisdiction whose mandatory consumer-protection law lets you sue in your local courts and benefit from your local law, nothing in this section deprives you of that right. Quebec consumers retain every protection of the Quebec Consumer Protection Act and Article 3149 of the Civil Code of Quebec.
14, Dispute resolution
Before formal proceedings, both parties will try to resolve any dispute informally. Send a written notice to legal@brandsai.ca. We will acknowledge within ten (10) business days and work in good faith for at least thirty (30) days to resolve it.
If informal resolution fails, disputes go to the courts in section 13, except that where you are not a consumer either party may elect binding arbitration before a single arbitrator administered by the Canadian Arbitration Association under its Commercial Arbitration Rules, seated in Ottawa, Ontario, in English. The award is final and enforceable in any competent court.
Consumers may accept arbitration but cannot be required to arbitrate, and pre-dispute waivers of court access are unenforceable to the extent prohibited by your local law, including section 11.1 of the Quebec Consumer Protection Act.
15, Class action waiver
To the maximum extent permitted by law, disputes will be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, consolidated, or representative action, and the arbitrator under section 14 has no authority to preside over a class proceeding.
This waiver is unenforceable where pre-dispute class action waivers are prohibited, including for Quebec consumers under Article 11.1 of the Consumer Protection Act and the Code of Civil Procedure, for consumers in the EEA, UK, and Australia where collective redress is mandatory, and for claims that cannot be waived as a matter of public policy.
16, Changes to these Terms
We may update these Terms as the product changes and as the law evolves. When we make a material change we will:
- update the effective date and the version number at the top,
- post the new version inside the application and on our website,
- notify you in-app and, where the change is material, by email,
- give you a reasonable period (at least fourteen (14) days for non-urgent changes, longer where mandatory law requires it) to review before it takes effect.
If you do not accept the change, you must stop using the Service and you may delete your account. Continuing to use the Service after the effective date means you accept the updated Terms. Changes do not apply retroactively to disputes that arose before they took effect.
17, General
- Entire agreement. These Terms, the Privacy Policy, the Apple EULA where applicable, and any feature-specific terms we publish form the entire agreement on this subject and supersede prior agreements.
- Severability. If a provision is unenforceable, the rest stays in effect and the provision is reformed to the minimum extent necessary while preserving the parties' intent.
- No waiver. Failure to enforce a right is not a waiver of that right.
- Assignment. You may not assign these Terms without our prior written consent. We may assign in a restructuring, merger, acquisition, or sale of substantially all of our assets, if the successor honours them.
- Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, civil unrest, sanctions, infrastructure outages outside our control, and government action.
- Language. These Terms are drafted in English. A French version may be made available; on conflict, the version you accepted at sign up controls. Quebec residents may receive these Terms in French on request under the Charter of the French Language and the Consumer Protection Act.
- Notices. Send legal notices to BrandsAI, c/o PulsarOS Intelligence Inc., 638 Center Street, Suite 408, Ottawa, Ontario, K1K 5A6, Canada, copy legal@brandsai.ca. We send notices to you by account email, in-app message, or other reasonable means.
- Third-party beneficiaries. Apple Inc. is a third-party beneficiary of section 1. No other third party has rights under these Terms.
- Headings. For convenience only.
18, Contact
BrandsAI, c/o PulsarOS Intelligence Inc., 638 Center Street, Suite 408, Ottawa, Ontario, K1K 5A6, Canada.
legal@brandsai.ca, copyright@brandsai.ca, privacy@brandsai.ca