Terms and Conditions

1. Scope and Subject Matter

These Terms and Conditions ("T&Cs") govern all agreements between ybrand.io ("Provider") and its customers ("User") regarding the use of the SaaS platform for creating and managing Brand Guides. The T&Cs are subject to the laws of the Federal Republic of Germany.
The Provider offers a web-based service for the creation, management, and publication of Brand Guides. The User can upload, manage, and share brand-related data, such as fonts, images, and logos. The service is intended exclusively for business customers (B2B).

2. Registration, User Account, and Access

  • Registration is required to use the service. Authentication is managed via the third-party provider Auth0.
  • The User must provide accurate and complete information during registration and update it as necessary.
  • The User is responsible for maintaining the confidentiality of their login credentials and all activities under their account.
  • Accounts are non-transferable. The Provider reserves the right to block or delete accounts in case of misuse or violation of these T&Cs.

3. Conclusion of Contract and Payment

  • The contract is concluded upon successful registration and payment via Stripe for an annual subscription.
  • Access to the service is granted only after receipt of payment.
  • The User may withdraw from the contract within 30 days of purchase by sending an email to [email protected]. In this case, the payment will be refunded.
  • All prices are net prices plus applicable VAT.

4. Term, Termination, and Data Deletion

  • The contract is valid for one year and does not renew automatically unless otherwise agreed.
  • If payment for renewal is not received, access will be blocked. All data (Brand Guides, uploaded files) will be deleted 30 days after the end of the paid period.
  • The User is responsible for backing up their data before deletion.
  • The Provider may terminate the contract for good cause, especially in case of violations of these T&Cs or applicable law.

5. User Obligations and Content

  • The User is solely responsible for all content uploaded to the platform, including fonts, images, logos, and other files.
  • The User must ensure that they possess all necessary rights and licenses for the uploaded content and that no third-party rights (e.g., copyrights, trademark rights) are infringed.
  • ybrand.io accepts no liability for copyright or intellectual property infringements; the User indemnifies the Provider against all claims by third parties arising from unlawful use.
  • The User must not upload content that is illegal, offensive, or violates the rights of others.

6. Public Accessibility and Non-Confidential Data

The User acknowledges and agrees that all Brand Guides and related content uploaded to the platform are publicly accessible and can be viewed by any other user or third party. The Service is not intended for the storage or processing of confidential or sensitive information. The User is solely responsible for ensuring that no confidential, sensitive, or personal data is uploaded or included in any Brand Guide or other content on the platform.

7. Storage, Fair Use, and Technical Requirements

  • Storage is managed according to the "Fair Use" principle. Excessive or abusive use of storage capacity may result in a warning and, if not remedied, termination of the contract.
  • Uploaded files (including images and other assets) are stored on Google Cloud servers.
  • The User is responsible for ensuring that their technical environment is compatible with the service requirements.
  • The User is responsible for making regular backups of their data.

8. Beta Status and Service Availability

  • The service is in beta and may contain errors. The Provider does not guarantee uninterrupted availability or freedom from defects.
  • ybrand.io accepts no liability for data loss resulting from improper use or technical errors, except in cases of intent or gross negligence as required by law.
  • The Provider reserves the right to modify, suspend, or discontinue the service at any time, with reasonable notice to Users.

9. Analytics and Third-Party Providers

  • User data is processed and stored using third-party providers: Auth0 (authentication), Digital Ocean (server hosting), MongoDB (database), Google Cloud (file storage), Hotjar (analytics), and Google Tag Manager (tag management).
  • The Provider ensures that contractual agreements with these providers comply with GDPR requirements.

10. Termination for Misuse or Improper Use

The Provider reserves the right to terminate the contract and block or delete the User's account without notice in the event of misuse, abuse, or use of the service for purposes other than those intended (including but not limited to uploading prohibited content, excessive use of resources, or violation of these Terms and Conditions). In such cases, the Provider may delete all data associated with the User's account. The User will be informed about the termination and the reasons for it, unless legal obligations or urgent security reasons require immediate action without prior notice.

11. Intellectual Property

  • All rights to the software, platform, and content provided by the Provider remain with the Provider or its licensors.
  • The User is granted a non-exclusive, non-transferable right to use the platform for the duration of the contract.

12. Limitation of Liability

  • ybrand.io is liable for damages only in cases of intent or gross negligence. Liability for injury to life, body, or health remains unaffected.
  • Liability for slight negligence is excluded, except for breaches of essential contractual obligations (cardinal duties). In such cases, liability is limited to foreseeable damages typical for the contract.
  • The Provider is not liable for indirect damages, consequential damages, or loss of profit.
  • The Provider is not liable for content or links to external websites provided by third parties.
  • The Provider does not warrant any specific result or functionality of the service.

13. Indemnification

The User agrees to indemnify and hold harmless the Provider from any claims, damages, or expenses (including reasonable legal fees) arising from any violation of these Terms and Conditions or infringement of third-party rights by the User or by content uploaded by the User.

14. Force Majeure

The Provider is not liable for any failure or delay in performance due to circumstances beyond its reasonable control (force majeure), including but not limited to natural disasters, war, terrorism, labor disputes, power failures, or disruptions of internet or telecommunications services.

15. Changes to the Service

The Provider reserves the right to modify, enhance, or discontinue parts or all of the Service at any time, provided that such changes do not unreasonably disadvantage the User. The User will be notified in advance of any significant changes.

16. Subcontractors

The Provider may use subcontractors and third-party service providers for the performance of its contractual obligations. The Provider remains responsible for compliance with contractual and legal requirements.

17. Export Control and Sanctions

The User agrees to comply with all applicable export control and sanctions laws and regulations. The Service may not be used in or for countries or persons subject to relevant trade restrictions.

18. Discontinuation of Service and Termination of Contracts

The Provider reserves the right to discontinue the further development and operation of the Service at any time, including the right to terminate all ongoing contracts with effect from a specified date. In the event of such discontinuation, the Provider will inform the User with reasonable notice. There shall be no entitlement to a refund of any fees already paid for the remaining contract period, unless otherwise required by mandatory statutory law.

19. Severability Clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic intent of the invalid provision.

20. Written Form Requirement

Any amendments or supplements to these Terms and Conditions must be made in writing. This also applies to any waiver of this written form requirement.

21. Final Provisions

  • German law applies. The place of jurisdiction is the registered office of the Provider.