Terms of Service

1. Agreement to Terms

By accessing or using Campagne ("Service"), including our website, web application, and mobile applications (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and BDCOM LLC ("Company," "we," "us," or "our"). By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. User Content and Ownership

2.1 Your Content Rights

You retain all ownership rights to any content you upload, submit, or provide to the Service ("User Content"), including photographs, images, product descriptions, and other materials. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of providing and improving the Service.

2.2 Your Representations and Warranties

YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT. By uploading or providing User Content to the Service, you represent and warrant that:

• You own all rights to the User Content or have obtained all necessary permissions, licenses, consents, and releases from any persons appearing in or associated with the User Content;
• Your User Content does not violate any third-party intellectual property rights, including copyrights, trademarks, patents, trade secrets, or other proprietary rights;
• Your User Content does not violate any person's rights of privacy or publicity;
• Your User Content does not contain any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material;
• You have obtained all necessary model releases, location releases, and other permissions for any recognizable persons, locations, or branded products in your User Content;
• Your User Content complies with all applicable laws, regulations, and these Terms.

2.3 Generated Content

Content generated by the Service using your User Content as input ("Generated Content") is a derivative work based on your User Content. Subject to your compliance with these Terms and payment of applicable fees, we grant you a license to use, reproduce, and commercially exploit the Generated Content. However, you acknowledge that:

• AI-generated content may be similar to content generated for other users;
• We make no guarantees about the quality, accuracy, or uniqueness of Generated Content;
• You remain responsible for ensuring Generated Content complies with all applicable laws and third-party rights before commercial use;
• We reserve the right to use anonymized, aggregated data about service usage to improve our algorithms and services.

3. Acceptable Use Policy

You agree NOT to use the Service to create, upload, transmit, distribute, or store any content that:

• Violates any applicable law, regulation, or third-party right;
• Infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
• Violates any person's rights of privacy or publicity;
• Contains sexually explicit, violent, graphic, or otherwise inappropriate material;
• Contains child sexual abuse material or content exploiting minors;
• Promotes hate speech, discrimination, or violence against individuals or groups;
• Contains malware, viruses, or other harmful code;
• Impersonates any person or entity or misrepresents your affiliation with any person or entity;
• Interferes with or disrupts the Service or servers or networks connected to the Service;
• Attempts to gain unauthorized access to the Service or related systems;
• Uses automated systems (bots, scrapers) to access the Service without our written permission;
• Generates deepfakes or manipulated media of real persons without their consent;
• Creates misleading or deceptive content for fraudulent purposes.

We reserve the right to remove any User Content and suspend or terminate accounts that violate this Acceptable Use Policy.

4. Subscription and Payment Terms

4.1 Subscription Plans

The Service is offered on a subscription basis with various tiers. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law or as expressly stated in these Terms.

4.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.

4.3 Price Changes

We reserve the right to modify subscription pricing with at least 30 days' notice. Price changes will take effect at the start of your next billing period after the notice period.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial months or years, except as required by applicable law.

4.5 Free Tier Limitations

Free tier accounts include watermarked exports and limited features as specified in our pricing page. We reserve the right to modify or discontinue the free tier at any time with reasonable notice.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its software, algorithms, design, trademarks, logos, and documentation, is owned by the Company and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

5.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such feedback without attribution or compensation.

6. AI-Generated Content Disclaimer

IMPORTANT: The Service uses artificial intelligence and machine learning to generate images. AI-generated content may contain errors, artifacts, or unexpected results. You acknowledge and agree that:

• AI generation is probabilistic and results may vary;
• We do not guarantee the accuracy, quality, or fitness for any particular purpose of Generated Content;
• You are solely responsible for reviewing and verifying Generated Content before use;
• AI models may reflect biases present in training data;
• Generated Content should be reviewed for compliance with applicable laws, industry standards, and brand guidelines before commercial use;
• We are not liable for any losses resulting from your use of Generated Content.

7. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information and User Content. By using the Service, you consent to our data practices as described in the Privacy Policy.

Important: Your images and content are transmitted to our servers and third-party AI service providers for processing. While we implement security measures, no transmission over the internet is completely secure. You acknowledge the inherent security risks of internet transmission.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE QUALITY, ACCURACY, OR RESULTS OF GENERATED CONTENT;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities;
• Cost of substitute goods or services;
• Business interruption;
• Reputational harm;
• Any other intangible losses;

ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms;
• Your User Content, including any infringement of third-party intellectual property rights or violation of privacy rights;
• Your use or misuse of the Service or Generated Content;
• Your breach of any representations or warranties contained in these Terms;
• Your violation of any applicable laws or regulations.

11. Account Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, your access to the Service will cease at the end of your current billing period.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy;
• Fraudulent, abusive, or illegal activity;
• Non-payment of fees;
• Extended periods of inactivity;
• Requests by law enforcement or regulatory agencies.

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your User Content and account data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Export Compliance

The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent that you are not (a) located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, or (b) on any U.S. government list of prohibited or restricted parties.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@campagne.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 60 days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English in New York, New York.

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York County, New York, and you consent to personal jurisdiction and venue therein.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

We encourage you to review these Terms periodically. If you do not agree to modified Terms, you must stop using the Service and terminate your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have questions about these Terms of Service, please contact us: