Terms of Service

Brandmojo · Version 2.0 · Effective 9 August 2026

These Terms of Service ("Terms") govern your access to and use of the Brandmojo website, platform and services. By creating an Account, using the Service, or paying any Fees, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. About us

1.1 The Service is operated by Ramp Up App Pty Ltd (ABN 31 686 434 891), a company incorporated in Australia with its principal place of business in Victoria ("we", "us", "our").

1.2 You may contact us at contact@brandmojo.io.

2. Definitions

2.1 In these Terms:

• Account means the account you create to access the Service.
• Content means any information, text, documents, images or audio you submit to the Service.
• Fees means the amounts payable for the Service as displayed at the time of purchase.
• Output means the brand identity assets generated by the Service from your Content.
• Service means the Brandmojo website, platform, applications and related services, as made available by us from time to time.

3. Eligibility

3.1 You must be at least 16 years of age to use the Service.

3.2 If you are aged 16 or 17, a parent or legal guardian must agree to these Terms on your behalf before you pay any Fees.

3.3 You warrant that you have the legal capacity to enter into these Terms and, where you use the Service on behalf of an entity, that you are authorised to bind that entity.

4. Accounts

4.1 Access to certain features requires an Account. We authenticate Accounts by sending a sign-in link to your nominated email address.

4.2 You are responsible for maintaining control of that email address and for all activity conducted through your Account. You must notify us promptly at contact@brandmojo.io if you become aware of any unauthorised access.

4.3 Accounts are personal to you and may not be transferred, sold or shared.

4.4 You must not create multiple Accounts to circumvent usage limits, free allowances or payment obligations.

5. The Service

5.1 The Service generates Output from Content you submit. The features, tiers and inclusions available at any time are as described on our website.

5.2 We may make the Service, or parts of it, available free of charge, subject to usage limits determined by us. Output produced before payment may be watermarked or otherwise restricted.

5.3 We may modify, suspend, add to or discontinue any part of the Service at any time. We will use reasonable efforts to give notice of changes that materially affect features you have paid for.

5.4 We do not warrant that the Service will be available on an uninterrupted or error-free basis.

6. Fees and payment

6.1 Fees are payable in advance of download and are displayed before you complete a purchase.

6.2 Payments are processed by our third-party payment provider. We do not store your full payment card details.

6.3 Fees are charged on a one-time basis per project. The Service is not offered on a subscription or recurring-billing basis.

6.4 As at the Effective Date of these Terms, Ramp Up App Pty Ltd is not registered for GST, and no GST is charged on any Fees. Receipts issued do not constitute tax invoices. You remain responsible for any taxes, duties or levies imposed in your own jurisdiction.

7. Refunds

7.1 You may review Output before paying any Fees. Except as set out in clause 7.2 or as required by law, all Fees are non-refundable and we do not offer refunds for change of mind.

7.2 We will refund the Fees paid for a project where all of the following apply:

(a) you apply to register a trade mark that consists of or incorporates Output generated for you;

(b) the application is refused by a trade marks office, or opposed by a third party, on the basis of conflict with an earlier mark;

(c) you provide us with the official refusal, adverse examination report or notice of opposition identifying the conflicting mark; and

(d) you submit your claim within 12 months of the date of payment.

7.3 Claims under clause 7.2 must be sent to contact@brandmojo.io. We will use reasonable efforts to respond within 10 business days.

7.4 Nothing in this clause 7 limits or excludes your rights under clause 13.

8. AI-generated output

8.1 Output is generated by artificial intelligence systems, including systems operated by third parties.

8.2 We do not screen Output against any trade mark register, business names register or other database of third-party rights. We do not warrant that Output is original, unique, available for use, or free from conflict with the rights of any third party.

8.3 You are solely responsible for conducting appropriate clearance searches and obtaining independent legal advice before using, registering or commercialising any Output.

8.4 Output may contain errors or inaccuracies. You should review all Output before use.

8.5 Content you submit is transmitted to third-party artificial intelligence providers for the purpose of generating Output. Content submitted to the Service is not used to train artificial intelligence models. Our Privacy Policy describes how Content is handled and retained.

8.6 You are responsible for ensuring you are entitled to submit your Content. You should not submit Content that is subject to an obligation of confidence owed to a third party, or that is subject to legal professional privilege, as disclosure to a third-party provider may waive that privilege.

9. Intellectual property

9.1 Your Content. You retain all rights in Content you submit. You grant us a non-exclusive, royalty-free licence to use, reproduce and process that Content to the extent necessary to provide the Service.

9.2 Output. Upon payment of the applicable Fees in full, we assign to you, to the extent we hold them, all right, title and interest in the Output generated for that project. You may use that Output for any lawful purpose, including commercial use, without attribution or royalty.

9.3 You acknowledge that intellectual property laws in Australia and other jurisdictions may not recognise rights in works generated without human authorship, and that clause 9.2 operates only to the extent such rights subsist and are capable of assignment.

9.4 Output generated before payment is provided for evaluation only and is not licensed for commercial use.

9.5 Our property. All rights in the Service, including its software, systems, models, processes, documentation, trade marks and branding, remain our property or that of our licensors. Nothing in these Terms grants you any right in them.

9.6 Showcase. Where you elect to include your Output in any public showcase or gallery operated by us, you grant us a non-exclusive, royalty-free licence to display and reproduce that Output in connection with the Service and our marketing, for so long as your election remains in effect. You may withdraw that election through your Account, and we will remove the Output from public display within 30 days.

9.7 Feedback. We may use any feedback, suggestions or ideas you provide without restriction, compensation or attribution.

10. Acceptable use

10.1 You must not use the Service to:

(a) infringe the intellectual property rights of any person, or impersonate any person or entity;

(b) create or distribute material that is unlawful, defamatory, harassing, obscene or fraudulent;

(c) submit Content you do not have the right to submit;

(d) remove, obscure or alter any watermark or proprietary notice;

(e) circumvent usage limits, access controls or payment obligations, including by use of automated means;

(f) probe, scan or test the vulnerability of the Service, or interfere with its operation;

(g) reverse engineer, decompile or attempt to extract the software, models or processes underlying the Service; or

(h) resell, sublicense or otherwise make the Service available to third parties as a competing service.

10.2 We may investigate suspected breaches of this clause 10 and may suspend or terminate your Account without refund.

11. Privacy

11.1 Our Privacy Policy forms part of these Terms and describes how we collect, use, disclose and store personal information.

11.2 We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where the General Data Protection Regulation applies to you, our Privacy Policy describes how we comply with it.

11.3 We retain financial records for a minimum of 7 years as required by Australian law, including following deletion of your Account.

12. Third-party services

12.1 The Service relies on third-party providers, including hosting, database, authentication, payment processing, font licensing and artificial intelligence services. Details of the categories of provider are set out in our Privacy Policy.

12.2 Your use of the Service may be subject to the terms of those providers. We are not responsible for the availability, performance or practices of any third party.

13. Australian Consumer Law

13.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

13.2 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

14. Disclaimers

14.1 Subject to clause 13, and to the maximum extent permitted by law, the Service and all Output are provided on an "as is" and "as available" basis, and we exclude all warranties, conditions and representations, whether express, implied or statutory.

14.2 Without limiting clause 14.1, we do not warrant that the Service will be uninterrupted, secure or error-free, that Output will be registrable as a trade mark, or that Output will not resemble existing marks or works.

15. Limitation of liability

15.1 This clause 15 operates subject to clause 13.

15.2 Where permitted by section 64A of the Australian Consumer Law, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

15.3 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or business opportunity, however arising.

15.4 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms is limited to the greater of the Fees paid by you for the project to which the claim relates and AUD $100.

15.5 Nothing in these Terms limits liability for fraud, or for death or personal injury caused by our negligence.

16. Indemnity

16.1 You indemnify us against all liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your Content, your use of Output, or your breach of any law or the rights of any third party.

16.2 This indemnity does not apply to the extent the relevant liability was caused by us.

17. Term and termination

17.1 These Terms apply from the date you first use the Service until terminated in accordance with this clause 17.

17.2 You may terminate at any time by deleting your Account. Deletion is permanent and will end your ability to access or re-download Output.

17.3 We may suspend or terminate your access immediately where you breach these Terms, where we reasonably suspect fraudulent or unlawful conduct, or where required by law.

17.4 Clauses 9, 13, 14, 15, 16, 19 and 20 survive termination. Your rights in Output for which Fees have been paid in full survive termination.

18. Changes to these Terms

18.1 We may amend these Terms from time to time. The Effective Date at the top of this page will be updated when we do.

18.2 Where an amendment materially affects your rights, we will give registered users at least 14 days' notice by email before it takes effect.

18.3 Your continued use of the Service after the date an amendment takes effect constitutes acceptance of the amended Terms.

19. Governing law and disputes

19.1 These Terms are governed by the laws of the State of Victoria, Australia.

19.2 You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

19.3 Nothing in this clause 19 limits any right you may have to bring proceedings in the courts of the country in which you are resident, where that right cannot be excluded.

19.4 Before commencing proceedings, each party will use reasonable efforts to resolve any dispute by negotiation. Notice of a dispute may be given to contact@brandmojo.io.

20. General

20.1 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between the parties in relation to the Service and supersede all prior agreements and representations.

20.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force.

20.3 Waiver. No failure or delay in exercising a right under these Terms operates as a waiver of that right.

20.4 Assignment. You may not assign or novate your rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations in connection with a merger, acquisition or sale of assets.

20.5 Notices. Notices to us must be sent to contact@brandmojo.io. Notices to you may be sent to the email address associated with your Account.

20.6 Language. These Terms are prepared in English. Any translation is provided for convenience only, and the English version prevails.

Contact

Ramp Up App Pty Ltd, trading as Brandmojo. ABN 31 686 434 891.

8/126 Albert Street, East Melbourne VIC 3002, Australia.

contact@brandmojo.io · brandmojo.io