Terms of Service

1. Agreement

By accessing BranderUX ("the Service"), operated by Lev Kaplun, an individual, you agree to these Terms of Service ("Terms"). If you don't agree with these Terms, please don't use the Service.

"You" means the business or person with a BranderUX account. "Your visitors" means the people who talk to an assistant you build: on your own site through our embed, on a site we host for you, or through that site's MCP endpoint.

2. An early-stage service - please read

BranderUX is a young service that changes often. Before you rely on it, know that:

• • We ship changes often and the Service may contain bugs.
• • We add and change features often. If we remove or materially reduce something included in a paid plan, we give at least 30 days' notice by email; if you cancel because of it, before the change takes effect or within 30 days after it, we refund the unused part of your term.
• • We do not promise uninterrupted availability. We keep backups and work to prevent loss, but we do not guarantee against it: keep your own copies of anything you cannot afford to lose.
• • We may suspend or limit the Service for security, abuse, legal or technical reasons. We may discontinue it on at least 30 days' notice, refunding any prepaid unused term and the unused part of any pack.
• • Paid plans are optional; the Free plan stays free, with the allowances shown on the pricing page.

The Service is not designed for uses where a failure could cause injury, loss of life or serious loss you cannot reverse (safety-critical, medical or emergency uses), or for uses where the assistant itself gives advice that only a licensed professional may give. You remain responsible for checking what your assistant tells your visitors and for keeping your own records.

Beta features

We sometimes release features marked 'beta', 'preview', 'early access' or 'experimental'. They are offered for evaluation, may change or be withdrawn at any time, are excluded from any support or availability commitment, and are provided as they are, with no warranty beyond what the law requires. Nothing here lowers the floor in section 13.

3. Permitted Use

You may use the Service for:

• ✅ Evaluating the platform, on the Free plan or a paid one
• ✅ Creating branded screens, elements, and agentic apps
• ✅ Embedding the SDK and connecting AI agents to your own projects
• ✅ Publishing a site and its MCP endpoint for a business you are entitled to represent
• ✅ Personal or internal business projects

4. Prohibited Use

You must NOT:

• ❌ Use the Service for any illegal purpose
• ❌ Attempt to breach security or access others' data
• ❌ Overload the Service with automated requests
• ❌ Resell the Service itself as your own offering
• ❌ Create multiple accounts to evade plan allowances, access rules or a suspension
• ❌ Reverse engineer or copy the Service
• ❌ Load personal data into the Service that you have no lawful basis to process, or that you obtained in breach of a duty to someone else
• ❌ Configure an assistant to collect health, financial, biometric or other sensitive personal data from your visitors without your own lawful basis and your own notice to them
• ❌ Publish a site or an MCP endpoint for a business you do not represent, or present an assistant as a person rather than as an AI

5. Your Account

When you sign in with Google:

• • You're responsible for your account security
• • You must be at least 18 years old
• • You agree to Google's terms and privacy policy
• • One account per person; add managers instead of sharing a sign-in.
• • People you add to a project as managers act for you: they see its visitor data, build on your allowance and can publish, and can hand the project over to a new owner; you are responsible for what they do and can remove them at any time.

6. Intellectual Property

Our Property:

The Service, including its code, design, and content, is owned by Lev Kaplun and protected by intellectual property laws.

Your Content:

You retain ownership of the projects, brands, screens, and elements you create. You grant us the license needed to store, process, and display that content in order to provide the Service, nothing more.

7. The Service Is AI, and AI Gets Things Wrong

Screens, elements and the answers your visitors receive are generated by AI models from your queries, your settings and the business data you give the Service. Generated output can be inaccurate, incomplete, out of date or unsuitable for its purpose: an assistant can state a price, an availability or a policy that is not the one you intended. Review what you publish before you rely on it.

You are responsible for what your assistant tells your visitors. That includes anything that turns into an offer, a quote, a booking or advice. Where an assistant can write records or trigger actions, it is on you to decide which of those need a human confirmation, and to check them.

Do not present an assistant as a human being. The Service tells visitors that they are talking to an AI (the line beside the message box, on every surface), which is how it meets Article 50 of the EU AI Act; you must not remove, hide or contradict that line, and where the law that applies to you asks for more, that part is yours to add.

8. Data Protection Roles

For your own account (you as an account holder, your projects, and your conversation with the Builder), we are the controller (the database owner under Israeli law), and our Privacy Policy describes what we do.

For the personal data of your visitors (the people who talk to an assistant you built), you are the controller and we are a holder (מחזיק) processing on your instructions. You decide what your assistant collects, why, and how long we keep it; we process it to provide the Service to you, and we carry security duties of our own directly under Israeli law. That relationship is governed by our data processing engagement, the written engagement regulation 15 of the Privacy Protection Regulations (Data Security) 5777-2017 requires between the owner of a database and whoever holds it.

The engagement is at /legal/dpa (Hebrew: /legal/dpa/he); it forms part of these Terms for every account that accepts it.

9. Your Responsibilities Toward Your Own Visitors

Because you are the controller of your visitors' data, some duties are yours and cannot be ours:

• • Your own privacy notice. Tell your visitors what your assistant collects, why, who receives it and how long you keep it. The recipients we use are published, and machine-readable, at /api/legal/recipients so you can name them in your own notice. Name the managers you add to the project as well: they see your visitors' data on your behalf.
• • Lawful basis and consent. Collect only what you have a basis to collect, and obtain any consent your visitors' law requires.
• • Marketing. Contacts your assistant collects are not a marketing list by default. Sending them marketing is your decision and your legal risk, including consent, unsubscribe and sender-identification rules such as Israel's Communications Law (Amendment 40) and comparable rules elsewhere. Do not treat a booking or an enquiry as permission to market.
• • Answering your visitors' requests. Access, correction and deletion requests from your visitors are yours to answer. We give you the tools and will help; we will not answer for you.
• • Retention. You choose how long conversations on your site are kept, within the range the Service allows. Choosing a longer window is a decision about your visitors' data, not just a setting.
• • Orders and payment. Until the distance-selling pack exists in the product, the assistant may take requests that you confirm outside the chat; it may not conclude a sale or take payment.
• • Your allowance and your visitors. When your plan's conversations and their grace are used up, your live assistant pauses until the period renews or you add a pack: your home screen and fixed screens keep answering, and each message to the live assistant is answered with your offline line and your handoff contacts. Keeping that line and those contacts current is yours.

10. Plans, allowances and price-list versions

Paid plans are optional and the Free plan stays free. The current price list is published on our pricing page; these are the rules every plan follows.

• • Allowances. Each plan includes a monthly number of conversations, a grant of build credits and a number of published projects, pooled across the projects on your account; the Free plan also grants a one-time starting allowance of conversations when the account is created, used after the month's included ones and never renewed (the pricing page carries the numbers). A conversation is one visitor's session with your live assistant, counted when the first message of the session reaches the live assistant; your designed home screen, fixed screens and site MCP reads never count. A session ends after 30 minutes without a message, and after 25 live answers in one session the next message starts a new conversation. A higher answer-quality stop uses the conversation allowance faster, at the whole-number rate shown on the slider when the conversation starts. When your own agent answers through our widget or SDK, each session counts as a quarter of a conversation. Conversations answered on your own model API key do not draw the allowance, up to five times your plan's included conversations in a month; beyond that each counts as one conversation.
• • Grace, then pause. When a period's conversations are used up, a grace of 10 percent is included. After it the live assistant pauses until the period renews, you add a pack or you move to a larger plan. Your published site stays up during a pause: the home screen and fixed screens keep answering, the site's MCP endpoint keeps answering reads, and each message to the live assistant is answered with your offline line (or ours, when you have not set one) and your handoff contacts. We never charge for usage you did not switch on: automatic top-ups run only if you enabled them, and only within the ceiling you set.
• • Build credits. Build credits pay for building: the Builder, Vibe Studio, the insights analyst and your own playground. A monthly grant renews with the period and unused monthly credits expire when it ends; the Free plan's one-time credits, and any credit pack, never expire. Serving your visitors never draws credits.
• • Packs. Conversation packs and credit packs are bought once, added on top of your plan, used after the plan's own allowance, and never expire.
• • Price-list versions. Every subscription carries the version of the price list it was bought under, and your allowances and price are read from that version, never from the current pricing page. A new version applies to new subscriptions at once; to a monthly subscription at its first renewal after we have given 30 days' notice by email; and to an annual subscription at the end of its term. Accounts created before the day paid plans opened (our beta period) keep version 1 for twelve months from that day. Your price and allowances never change under a subscription mid-cycle except to improve; removing or reducing a feature follows the notice and refund in section 2. We keep improving the models behind each answer-quality stop; your plan and your price stay the same for the term you bought.
• • Annual plans. An annual plan is paid up front for twelve months and renews at the end of its term unless cancelled before it.
• • Payment through Paddle. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. You buy every plan and pack from Paddle, which takes the payment, issues the invoice and shows the total, with any tax your billing address requires, before you pay. Questions about a payment, an invoice or a refund go to Paddle through the link in your receipt, or to us and we pass them on; questions about the service itself come to us. Paddle's buyer terms govern the purchase; these terms govern the service.
• • Changing or cancelling. You can move to a larger plan, or from monthly to annual billing, at any time from the pricing page. The change is billed at once for the rest of the period, less the unused part of your current plan; if that comes out below zero, the difference stays as credit for your next payment. A smaller plan, or monthly billing after annual, starts when your current period ends: choose it on the pricing page and it is scheduled for that day, nothing is charged for it, your current plan runs on until then, and you can keep your current plan instead by choosing it again before the period ends. You cancel from the billing portal; a cancelled plan runs to the end of the period you paid for, then your account moves to the Free plan, and the plan can be changed again once it has ended.
• • Refunds. When a payment is refunded, and how to ask, is set out in our Refund Policy.

11. Agent Connections & API Keys

• • Connecting an AI agent (for example via our MCP server) authorizes it to act on your account within the scopes you approve; you are responsible for what your connected agents do, and you can revoke access at any time
• • API keys identify your project, keep them confidential and restrict them to the domains you configure; rotate a key immediately if it may be exposed
• • Where you connect a third-party app or your own system, you authorize us to act against it with the credentials you provide, and you remain bound by that provider's own terms

12. Disclaimers - Please Read Carefully

We make no guarantees about:

• • Service availability or uptime
• • Data preservation or backup
• • Feature completeness or accuracy of generated output
• • Fitness for your particular purpose
• • Security or bug-free operation

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• • Excluded losses. Neither we nor our officers, employees or suppliers are liable to you for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or content, lost opportunities, service interruptions, inaccurate AI output or the cost of substitute services, arising from or connected with the Service or these Terms, however caused and on any theory of liability, even if we were told of the possibility.
• • Cap. Our total liability to you for all claims arising from or connected with the Service or these Terms, taken together, is limited to the greater of 100 US dollars and the fees you paid for the Service, to us or to Paddle, our reseller, in the twelve months before the event giving rise to the claim.
• • What is never excluded. Nothing in these Terms excludes or limits a liability that the law does not allow to be excluded or limited: for death or bodily injury, whatever its cause; for fraud or fraudulent misrepresentation; for a deliberate or malicious act; or a right or remedy the law gives you that a contract cannot take away, including a consumer's remedies for a service that does not match what was promised. Where the law lets us limit our liability only down to a floor, the floor applies instead of the cap above.
• • Your visitors' personal data. Claims by your visitors about their personal data are allocated between us as the Data Processing Engagement sets out: you decide what your assistant collects and why, we process it for you, and each of us is liable for its own breach of that engagement and of the law that applies to it.

You accept the risks that come with using a service in active development.

14. Indemnification

You will defend, indemnify and hold harmless Lev Kaplun and its officers, employees and suppliers from any third-party claim, and the damages, costs and reasonable legal fees that come with it, arising from: your content and data and the sites and assistants you publish with the Service; your breach of these Terms or of a law that applies to you, including the privacy, consumer and marketing laws that govern how you treat your visitors; or a visitor's claim about personal data you chose to collect or how you used it, except to the extent the claim results from our breach of the Data Processing Engagement.

We will tell you about such a claim promptly, let you control its defence and give you reasonable help at your cost. We may take part with our own counsel at our own cost, and no settlement may impose an obligation on us or admit fault for us without our written consent.

15. Privacy

Your privacy is important to us. Please review our Privacy Policy, it describes what we collect (your account and the things you build, and the visitor data we hold for you), how we use and share it, how long we keep it, and your rights under the Israeli Protection of Privacy Law.

16. Changes to Terms

We may update these Terms as we develop the Service. Continued use after changes means you accept the new Terms. If a change materially reduces what a paid plan includes, we tell you by email at least 30 days before it takes effect.

17. Termination

Either party may end these Terms:

• • You: Stop using the Service and email us to have the account and its projects deleted (there is no self-service delete button today)
• • Us: Restrict or suspend your access for the reasons in section 2; close your account when you breach these Terms, or for any other reason on at least 30 days' notice by email, refunding the unused part of a paid term and of any pack; or discontinue the Service on the notice section 2 gives

Deleting a project deletes the data under it, including the visitor conversations and records held for that project.

18. Governing Law

These Terms are governed by the laws of Israel, without regard to conflict of law principles, and the competent courts in Israel have exclusive jurisdiction.

19. Contact

For questions about these Terms:

Email: contact@branderux.com
Phone: +972 54-221-5848

Or use our contact form