Terms of Service

1. Scope and contracting party

These Terms of Service ("Terms") apply to all contracts for the use of the software-as-a-service platform "Brand Dad". The provider and your contracting party is SVIX Media, owner Konstantin Botschmanowski, Schulstraße 72, 41372 Niederkrüchten, Germany ("Brand Dad", "we"). The customer is the person or company that registers or books a plan ("customer", "you").

Brand Dad is offered exclusively to businesses (entrepreneurs within the meaning of Section 14 of the German Civil Code), i.e. companies, self-employed professionals, freelancers, associations and agencies that use the platform for their commercial or independent professional activity. We do not conclude contracts with consumers (Section 13 of the German Civil Code). By registering, you confirm that you act as a business. Consumer protection rules, in particular a right of withdrawal, therefore do not apply.

Deviating or supplementary terms of the customer only apply if we expressly agree to them in text form.

2. Brand Dad services

Brand Dad is a web-based all-in-one marketing platform for local businesses. Depending on the plan booked, it includes in particular:

• AI website builder: creating and hosting a website, connecting your own domain and email inboxes.
• Google Maps and local SEO: geo-grid ranking scans, Google Business Profile management, review management with AI reply drafts.
• Social media planner: planning, drafting and publishing posts for Instagram, Facebook, TikTok, Google Business Profile and other connected networks.
• SEO: rank tracker, keyword research, backlink checks and AI-assisted articles.
• Bookings, orders and online payments on the customer website, an inbox for inquiries (leads) and white-label features for agencies.

The specific scope, quotas and prices are defined by the plan description on the pricing page or in the account at the time of booking. We continuously develop Brand Dad and may change, replace or discontinue features as long as the agreed core of the service is preserved and the change is reasonable for you.

Brand Dad is a tool. We do not owe specific results such as Google rankings, reach, reviews, inquiries or revenue, as these depend on search engines, platforms and other factors outside our control.

3. Registration and free trial

You need an account to use Brand Dad. Your details must be true and complete; keep your login credentials secret. An account may only be used by the customer and its authorized staff.

New customers can try Brand Dad free of charge for 14 days. No credit card or payment details are required for the trial. The trial ends automatically and does not turn into a paid subscription by itself. Some features may be limited during the trial (e.g. a free subdomain instead of your own domain). We may limit the trial to once per customer.

4. Conclusion of contract, term and cancellation

By registering and accepting these Terms, a contract for the use of Brand Dad is concluded between you and SVIX Media, initially for the free trial. The data processing agreement (section 14) forms part of this contract.

Payment is not enabled yet: you can choose a plan and your choice is saved, but nothing is charged. Once payment is enabled, a paid subscription is only concluded when you expressly book a paid plan in your account and complete the order process. You choose monthly or yearly billing.

A paid subscription runs for the selected billing period (one month or one year) and renews for the same period unless cancelled before it ends. You can cancel at any time effective at the end of the current billing period, in your account or in text form (e.g. by email). The right to terminate for good cause remains unaffected.

When the contract ends, access to the paid features ends. You can export or request your data for up to 30 days after the end of the contract; after that we delete it unless statutory retention obligations apply. You can delete your account yourself at any time in the settings.

5. Prices and payment

No fees are currently charged; use is limited to the free trial. The following provisions apply once payment is enabled.

All prices are intended exclusively for businesses and are subject to statutory VAT. The prices on the pricing page at the time of booking apply. Fees are payable in advance for each billing period.

The purchase of the subscription is handled by Paddle.com Market Ltd (London, United Kingdom) as reseller and merchant of record: Paddle sells you the subscription, collects the payment and issues the invoice. Paddle's buyer terms (Paddle Buyer Terms) additionally apply to the payment transaction. SVIX Media remains the provider of the service and your contracting party for the use of Brand Dad under these Terms; we provide the services and remain your point of contact for all questions about them.

We announce price changes for existing contracts in text form at least six weeks before they take effect. They apply from the next billing period. If you do not agree, you can cancel effective on the date the change takes effect; we will point this out in the announcement.

6. Domains and email inboxes

Domains and email inboxes are not included in the plan price. They are billed separately, yearly in advance (plus statutory VAT); the price is shown before ordering. A domain renews for one year at a time unless cancelled before it expires.

We register domains through an accredited registrar. The policies of the respective registry (e.g. DENIC for .de) additionally apply. On request we support transferring a domain to another provider once the related fees have been paid.

7. Quotas, AI credits and fair use

Many features are limited per plan, such as AI credits, ranking scans (grid points), keywords, pages or locations. Quotas apply per billing month; unused quotas expire at the end of the month unless the plan description states otherwise.

Research features (e.g. keyword data, ranking and backlink queries) rely on paid data sources. They are available within fair, customary use. In case of automated or clearly excessive use that affects operations or other customers, we may throttle usage or offer additional quotas after informing you.

8. AI-generated content, approval and responsibility

Brand Dad uses artificial intelligence to create drafts, for example website copy, social media posts, images, articles and replies to reviews. AI can produce incorrect, incomplete or misleading content. Please check every draft before it is published.

As a rule, drafts are only published after you approve them. If you switch on an autopilot for certain areas, Brand Dad publishes content automatically within your settings; you can switch the autopilot off at any time.

You are responsible for all content published via your account, including approved AI content and content published by the autopilot. This applies in particular to copyright, trademark and competition law, professional and industry-specific advertising rules, mandatory information on your website (e.g. legal notice and privacy policy) and any labeling obligations for AI content.

9. Your content and no AI training

Content you upload or enter and the results created for you remain your content. You grant us only the rights we need to operate the platform for you (e.g. storing, processing, publishing it on your website or channels). To the extent rights arise in content generated for you, you receive a right of use unlimited in time and territory. We cannot guarantee that AI output is protected by copyright or free of third-party rights.

Your content is not used to train AI models, neither by us nor for our benefit. This applies to inputs, uploaded files, generated content and data from connected accounts. AI providers only receive the content required for the respective task. We use anonymized, aggregated usage statistics (e.g. how often a feature is used) to operate and improve Brand Dad.

All rights in the software, design and the Brand Dad brand remain with us.

10. Customer obligations

You use Brand Dad only in accordance with the law. In particular, you may not

• publish unlawful or misleading content or content that infringes third-party rights,
• fake or buy reviews or offer customers improper incentives for reviews,
• send advertising without the required consent (spam),
• connect accounts, profiles or domains you are not authorized to use,
• attack or overload the platform or query it automatically beyond its intended use.

If you collect data of your own customers via Brand Dad (e.g. through booking or contact forms), you are responsible for processing it lawfully, including the information on your website. Forms must not be used for health data or other special categories of personal data (Art. 9 GDPR) unless you have checked and established the legal requirements yourself.

In case of serious violations, we may block content or temporarily restrict access; we will inform you and take your legitimate interests into account.

11. Third-party platforms and interfaces

Brand Dad uses interfaces from Google (including Business Profile, Search Console, YouTube), Meta (Facebook, Instagram), TikTok and other providers. When you connect an account, their terms of use additionally apply. If these providers change or block their interfaces, functionality may be limited; we are not responsible for this.

Brand Dad's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We store access tokens encrypted; you can disconnect at any time.

12. White label and reselling by agencies

Agency plans allow you to manage several brands or client accounts, offer Brand Dad under your own name and logo (white label) and resell the services to your own clients. The agency sets its prices towards its clients itself.

The agency alone is the contracting party of its end clients. No contract is formed between Brand Dad and the agency's end clients. The agency ensures that its end clients comply with these Terms, obtains the required consents and authorizations and, where required, concludes its own data processing agreements with its end clients. The agency is liable to us for violations by its end clients as for its own conduct.

13. Availability and maintenance

We aim for operation that is as uninterrupted as possible and commit to an availability of 98% on an annual average. Excluded are announced maintenance windows and disruptions outside our control, such as outages of third-party interfaces and AI providers or general network disruptions.

14. Data protection and data processing

How we process personal data is described in our Privacy Policy. Where you process personal data of third parties via Brand Dad (e.g. inquiries, bookings, orders or reviews of your customers), we act as a processor under Art. 28 GDPR. Our data processing agreement (DPA) applies to this. It becomes part of the contract when you accept these Terms; you can open, print or save it as a PDF at any time. Questions: support@branddad.io.

15. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under a guarantee given and under the German Product Liability Act.

In case of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely), liability is limited to the typical, foreseeable damage, and per contract year to no more than the total fees you paid in that contract year. Otherwise, liability for slight negligence is excluded.

We are liable for loss of data only to the extent that it would also have occurred if you had backed up your data regularly.

16. Indemnification

You indemnify us against third-party claims based on your unlawful use of Brand Dad or on content published by you, including reasonable legal defense costs. This does not apply if you are not responsible for the infringement.

17. Changes to these Terms

We may amend these Terms with effect for the future if there is a valid reason (e.g. new features, changes in the law). We notify you of changes in text form at least six weeks before they take effect. If you do not object within this period, the changes are deemed accepted; we will point out this consequence and your right to cancel in the notice. Changes to the main services and prices are governed by section 5.

18. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Mönchengladbach, Germany.

These Terms are available in German and English. In case of discrepancies, the German version prevails. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.