This End User Licence Agreement (EULA) is effective from 1 December 2017.
Who we are and what this agreement does
BrandStencil Ltd of 45 Church Road, Hove, East Sussex, United Kingdom BN3 2BE license you to use:
- BrandStencil online marketing and brand management service and any updates, supplements or content we provide to you through it (Service),
- Or, Buzz Social Posters, make and share branded posters on social media and
- The related online documentation (Documentation) only as permitted in these terms and for as long as you remain an authorised user (Authorised User) of the entity (Service Subscriber) permitting you to access the Services.
Your privacy
We only use any personal data we collect through your use of the Service in the ways set out in our Privacy Policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Service subscriber’s terms also apply
The ways in which you may use the Service and Documentation, and how any personal data is collected and used, may in addition be governed by the Service Subscriber’s rules and policies, which you should ensure you are familiar with and consent to. We take no responsibility or liability for your use or inability to use the Service under these additional rules and policies.
Support and how to tell us about problems
Support service
If you want to learn more about the Service or have any problems using them please take a look at our support resources in the Help and Support section in your BrandStencil account. Any Service support queries must be addressed via your Service Subscriber.
Contacting us (including with complaints).
If you think the Service is faulty or wish to contact us for any other reason please email our customer service team at help@brandstencil.com.
How you may use BrandStencil and Buzz Social Posters
In return for your agreeing to comply with these terms you may:
- access and use the Service solely as an Authorised User of the Service Subscriber for your personal purposes only, and
- use any Documentation to support your permitted use of the Service.
You must be 18 to accept these terms
You must be 18 or over to accept these terms.
You may not transfer your BrandStencil access to someone else
We are giving you personally the right to use the BrandStencil Service as set out above. Whilst you may have sharing rights as an Authorised User of the Service Subscriber you may not otherwise transfer your permission to access the Service to anyone else, whether for money, for anything else or for free.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give at least 30 days’ notice of any change to the Service Subscriber and inform you of the implementation of these changes when you next use the Service.
If you do not accept the notified changes you will not be permitted to continue to use the Service.
Updates and changes to BrandStencil or Buzz Social Posters
From time to time we may automatically update and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
We may collect technical data about your device
By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to improve our products and to provide the Service to you.
You also consent to the Service Subscriber having access to your user log of Service activities, uploads and outputs.
We are not responsible for other websites you link to
The Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy or use any products or services offered by them.
Licence restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the Documentation or Service, except as part of the normal use of the Service;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Documentation or Service nor permit the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited, and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
Acceptable use restrictions
Your use of the Service must comply with our Acceptable Use Policy which among other things states that you must:
- not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Acceptable Use Policy, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Service, including by the submission of any material by you for use with, sharing or storage by the Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
- not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service
Intellectual property rights
All intellectual property rights in the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Documentation or the Services other than the right to use them in accordance with these terms.
The Service Subscriber may permit you to use, under licence, intellectual property it owns or licenses (such as images, text or fonts) from a third party (including from us) as an Authorised User of the Services and in any materials (Output Material) produced using the Services.
You agree not infringe our intellectual property, the intellectual property of the Service Subscriber or any other third party, and by using the Services or creating any Output Material and you agree to indemnify us fully against any third party intellectual property claims arising as a result of your use of the Service, uploading or production of any materials as a result of your use.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses.
You may use the Service solely for personal and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. A Service Subscriber with a current valid Subscription Plan may have additional rights.
Limitations to the Services.
The Service is provided to you for use solely as an Authorised User of the Services Subscriber. Although we make reasonable efforts to update the information provided by the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Service.
We recommend that you separately back up any content and data (Client Content) uploaded to or used in connection with the Service, to protect yourself in case of problems with the Service.
While we follow a standard back up procedure for the Service we are not obliged to back-up any Client Content.
We shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party, including the Service Subscriber.
Check that the Services are suitable for you.
BrandStencil has not been developed to meet your individual requirements and is to be used by you on an as is basis.
We are not responsible for events outside our control.
If our provision of the Service or support for the Service is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the service if you break these terms
We may end your rights to use the Service at any time by contacting you or the Service Subscriber if, in our opinion, you have broken these terms in a serious way.
If we end your rights to use the Service:
- You must stop all activities authorised by these terms, including your use of the Service.
- You must delete or remove any log-in or access information or passwords that enable you to access the Service.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Laws which apply to this contract and where you may bring legal proceedings
These terms are exclusively governed by English law and the jurisdiction of the Courts of England and Wales.
This Security Policy describes the BrandStencil security procedures and processes. If you have any questions please contact us.