On-Brand AI
Effective Date: 05.01.2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and MADEFUL GmbH, a company organized under the laws of the Federal Republic of Germany, with its registered office in Berlin ("MADEFUL", "we", "us", or "our"), governing your access to and use of On-Brand AI (the "Service").
The Service is designed exclusively for business customers (B2B). By accessing or using the Service, you represent and warrant that you are acting in a commercial or professional capacity and not as a consumer within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
"Account" means the Customer's account for accessing and using the Service, created and provisioned by MADEFUL.
"AI Providers" means third-party artificial intelligence service providers whose models and APIs are utilized by the Service to generate Outputs, including but not limited to providers of large language models, image generation models, video generation models, audio generation models, and 3D generation models.
"Generation Credits" means the usage allowance allocated to Customer under their Subscription Plan, which is consumed when generating Outputs through the Service.
"Input" means any data, content, materials, prompts, instructions, files, or other information that Customer uploads, submits, or provides to the Service.
"Output" means any content generated by the Service in response to Customer's Input, including but not limited to text, images, graphics, documents, audio files, video files, and 3D files.
"Subscription Plan" means the specific service tier assigned to Customer, which determines the scope of access, Generation Credits, download limits, and applicable fees.
"Workflow" means the pre-configured or customized AI-powered processes within the Service that Customer can utilize to generate Outputs.
"User" means any individual authorized by Customer to access and use the Service through Customer's Account.
On-Brand AI is a workflow-based platform that enables Customers to create AI-generated content, including but not limited to visual assets (images, graphics), textual content, documents, 3D files, audio files, and video files. The Service integrates various AI Providers to deliver these capabilities through curated Workflows.
MADEFUL provides use case identification services and maintains expert oversight (AI Expert / Creative Director) in the design and curation of Workflows. However, Customer remains solely responsible for determining whether any particular Output is suitable for their intended purpose.
MADEFUL reserves the right to modify, update, or discontinue any aspect of the Service, including available Workflows, AI Providers, features, or functionalities, at any time. MADEFUL will use commercially reasonable efforts to provide advance notice of material changes that may adversely affect Customer's use of the Service.
Access to the Service is by invitation only. MADEFUL creates and provisions Accounts for Customers. Customer does not have the ability to self-register for the Service. Upon account creation, Customer will receive access credentials via email to the address provided to MADEFUL.
Customer represents and warrants that: (a) all information provided to MADEFUL for account creation is truthful and accurate; (b) Customer has the legal authority to enter into these Terms; and (c) Customer will promptly notify MADEFUL of any changes to their contact information.
The Service uses passwordless authentication via magic link sent to Customer's registered email address. Customer is responsible for maintaining the security and confidentiality of their email account and for all activities that occur under their Account. Customer must immediately notify MADEFUL of any unauthorized use of their Account.
By using the Service, Customer confirms that they are acting exclusively in a commercial or professional capacity. The Service is not intended for consumers, and consumer protection laws do not apply to these Terms.
Each Customer is assigned a Subscription Plan that specifies: (a) the monthly or annual subscription fee; (b) the number of Generation Credits included; (c) download limits; and (d) any additional features or limitations. The applicable Subscription Plan and pricing will be communicated to Customer upon account provisioning.
All fees are due in advance and are non-refundable except as expressly provided in these Terms or required by applicable law. Customer agrees to pay all applicable fees in accordance with the payment terms specified at the time of account provisioning. MADEFUL reserves the right to modify pricing upon reasonable notice; any price changes will take effect at the beginning of the next Subscription period.
Subscriptions automatically renew for successive periods of the same duration unless Customer cancels before the end of the current Subscription period. Customer may cancel their Subscription by providing written notice to MADEFUL; cancellation will be effective at the end of the current billing period.
Generation Credits and download limits do not roll over to subsequent Subscription periods unless otherwise specified in the applicable Subscription Plan. Exceeding usage limits may result in temporary suspension of access until the next billing period or require purchase of additional credits.
Subject to Customer's compliance with these Terms and payment of all applicable fees, MADEFUL grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Subscription period solely for Customer's internal business purposes.
Customer grants MADEFUL a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Input solely for the purpose of providing the Service to Customer. This license terminates upon termination of Customer's Account, subject to any retention required by applicable law or these Terms.
Customer shall not, and shall not permit any third party to:
(a) sublicense, sell, resell, transfer, assign, or distribute the Service or access thereto;
(b) modify, adapt, or create derivative works based on the Service (excluding Outputs);
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service;
(d) circumvent, disable, or interfere with any security, authentication, or rate-limiting features of the Service;
(e) use the Service to develop a competing product or service;
(f) use the Service in any manner that violates applicable laws or regulations;
(g) use the Service to generate content that infringes third-party intellectual property rights, is defamatory, obscene, illegal, or otherwise objectionable;
(h) use automated scripts, bots, or other means to access the Service in a manner that exceeds reasonable use or circumvents usage limits.
The Service, including all software, technology, algorithms, Workflows, user interfaces, documentation, and all related intellectual property rights, is and shall remain the exclusive property of MADEFUL and its licensors. Nothing in these Terms transfers any ownership rights to Customer.
As between Customer and MADEFUL, Customer retains all rights, title, and interest in and to the Input. Customer represents and warrants that it has all necessary rights, licenses, and permissions to provide the Input to the Service and to grant the license set forth in Section 5.2.
(a) Grant of Rights. Subject to Customer's compliance with these Terms and to the extent permitted by the applicable AI Providers' terms and conditions, MADEFUL hereby assigns and transfers to Customer all rights, title, and interest that MADEFUL may have in and to the Outputs generated by Customer through the Service. Customer may use such Outputs for any lawful commercial or non-commercial purpose.
(b) Third-Party AI Provider Terms. Customer acknowledges that the Service utilizes AI Providers whose terms and conditions govern certain aspects of Output usage. The rights granted to Customer in the Outputs are subject to and limited by the terms of such AI Providers. MADEFUL makes commercially reasonable efforts to ensure that the AI Providers used grant rights to Outputs that permit commercial use, but Customer is responsible for verifying compliance with any applicable AI Provider terms for their specific use case.
(c) No Exclusivity. Customer acknowledges and agrees that: (i) AI-generated content is probabilistic in nature; (ii) other users of the Service or the AI Providers may generate identical or substantially similar Outputs; (iii) MADEFUL does not guarantee that any Output will be unique; and (iv) MADEFUL cannot and does not represent that Outputs will not infringe the intellectual property rights of third parties.
(d) Copyright Disclaimer. Customer acknowledges that the copyright status of AI-generated content is subject to ongoing legal developments and may vary by jurisdiction. MADEFUL makes no representation or warranty regarding the copyrightability or intellectual property protection of Outputs. Customer assumes all risk associated with the copyright status of Outputs and their ability to protect or enforce any intellectual property rights therein.
If Customer provides any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), Customer hereby grants MADEFUL a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate such Feedback into the Service without any obligation to Customer.
Customer is solely responsible for all Input provided to the Service, including ensuring that such Input: (a) does not violate any applicable laws or regulations; (b) does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (c) is not defamatory, obscene, illegal, or otherwise objectionable; and (d) does not contain any malware, viruses, or harmful code.
Customer shall not upload, submit, or otherwise provide to the Service any:
(a) personal data within the meaning of Article 4(1) of the General Data Protection Regulation (GDPR), unless Customer has obtained all necessary consents and has a lawful basis for such processing;
(b) special categories of personal data as defined in Article 9 GDPR (e.g., health data, biometric data, data revealing racial or ethnic origin);
(c) financial account information, payment card data, or other sensitive financial information;
(d) trade secrets or highly confidential business information that Customer is not authorized to share;
(e) any other information whose disclosure could result in harm to Customer or third parties.
MADEFUL assumes no liability for any sensitive data uploaded by Customer in violation of this Section 7.2. Customer shall indemnify and hold harmless MADEFUL from any claims arising from Customer's unauthorized submission of sensitive data.
Customer is solely responsible for reviewing, verifying, and validating all Outputs before use. Customer assumes full responsibility for: (a) determining whether any Output is suitable for Customer's intended purpose; (b) ensuring that the use of any Output complies with applicable laws and does not infringe third-party rights; and (c) any consequences arising from Customer's use, publication, or distribution of Outputs.
Customer shall comply with all applicable laws, regulations, and industry standards in connection with their use of the Service, including but not limited to intellectual property laws, data protection laws, export control laws, and advertising regulations.
Customer acknowledges and agrees that the Service integrates and relies upon various third-party AI Providers to generate Outputs. MADEFUL does not own, operate, or control the underlying AI models and systems provided by these AI Providers.
When Customer uses the Service, Input may be transmitted to AI Providers for processing. Such AI Providers may process, store, and use Input and Output in accordance with their own terms of service and privacy policies. MADEFUL uses commercially reasonable efforts to select AI Providers with appropriate data handling practices, but Customer acknowledges that MADEFUL does not control such AI Providers' data practices.
MADEFUL may add, remove, or replace AI Providers at any time without prior notice. Such changes may affect the availability, quality, or characteristics of certain Workflows or Outputs. MADEFUL shall not be liable for any changes made by AI Providers to their services, terms, or pricing.
MADEFUL does not warrant or guarantee the continued availability, accuracy, reliability, or performance of any AI Provider. Customer's use of the Service is subject to the terms, limitations, and restrictions imposed by the applicable AI Providers.
MADEFUL's collection, use, and processing of personal data in connection with the Service is governed by the MADEFUL Privacy Policy, which is incorporated into these Terms by reference. Customer agrees to review and comply with the Privacy Policy.
The Service is hosted on infrastructure provided by Vercel Inc., which is certified under the EU-US Data Privacy Framework (DPF). Customer acknowledges that data may be processed and stored in the United States and other jurisdictions where MADEFUL, its hosting providers, and AI Providers maintain facilities. MADEFUL takes appropriate measures to ensure that any international data transfers comply with applicable data protection laws.
If Customer processes personal data through the Service and MADEFUL acts as a processor on Customer's behalf within the meaning of Article 28 GDPR, the parties shall enter into a Data Processing Agreement (Auftragsverarbeitungsvertrag – AVV) upon Customer's request. Customer may request a Data Processing Agreement by contacting MADEFUL at the address provided in Section 17.
MADEFUL retains Input and Output for the duration of the Subscription period plus a reasonable period thereafter to enable Customer to access and download their data. Following termination, MADEFUL will delete Customer's Input and Output within thirty (30) days, unless retention is required by applicable law or Customer requests deletion sooner.
MADEFUL will use commercially reasonable efforts to make the Service available, but does not guarantee any specific level of uptime or availability. The Service is provided "as is" and "as available." Customer acknowledges that the Service may be subject to interruptions, including for maintenance, updates, or due to factors beyond MADEFUL's control (including outages of AI Providers or hosting infrastructure).
MADEFUL may perform scheduled or emergency maintenance that temporarily affects Service availability. MADEFUL will use reasonable efforts to provide advance notice of scheduled maintenance where practicable.
MADEFUL provides support through the channels communicated to Customer upon account provisioning. Support availability and response times may vary based on the Customer's Subscription Plan.
MADEFUL warrants that: (a) it has the right to grant the licenses and rights granted herein; and (b) the Service will perform substantially in accordance with any documentation provided by MADEFUL.
CUSTOMER ACKNOWLEDGES AND AGREES THAT:
(a) AI-generated Outputs are probabilistic in nature and may contain errors, inaccuracies, inconsistencies, or inappropriate content;
(b) MADEFUL does not warrant that any Output will be accurate, complete, fit for a particular purpose, or free from defects;
(c) MADEFUL does not warrant that any Output will be unique or will not infringe third-party rights;
(d) MADEFUL makes no representation regarding the copyrightability or intellectual property protection of Outputs;
(e) the availability, quality, and characteristics of Outputs may vary and are dependent on AI Providers over which MADEFUL has no control;
(f) Customer is solely responsible for reviewing and validating all Outputs before use.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADEFUL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
Nothing in these Terms shall limit or exclude MADEFUL's liability for: (a) death or personal injury caused by negligence; (b) intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (c) fraudulent misrepresentation; (d) any liability that cannot be limited or excluded under applicable law, including under the German Product Liability Act (Produkthaftungsgesetz); or (e) breach of any express guarantee (Garantie) given by MADEFUL.
In cases of slight negligence (leichte Fahrlässigkeit) in breach of essential contractual obligations (Kardinalpflichten), MADEFUL's liability shall be limited to the foreseeable, typically occurring damages. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose fulfillment Customer may regularly rely.
Subject to Section 12.1, MADEFUL shall not be liable for: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, business, or anticipated savings; (c) loss of data; or (d) any damages arising from reliance on Outputs or their use.
Subject to Sections 12.1 and 12.2, MADEFUL's total aggregate liability under or in connection with these Terms shall not exceed the total fees paid by Customer to MADEFUL during the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations and exclusions in this Section 12 reflect the allocation of risk between the parties and form an essential basis of the bargain between them. The fees charged by MADEFUL reflect this allocation of risk.
Customer shall indemnify, defend, and hold harmless MADEFUL and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's breach of these Terms; (b) Customer's Input, including any claim that such Input infringes or violates the rights of any third party; (c) Customer's use, publication, or distribution of Outputs, including any claim that such use infringes or violates the rights of any third party; (d) Customer's violation of applicable laws or regulations; and (e) Customer's submission of sensitive data in violation of Section 7.2.
MADEFUL shall promptly notify Customer in writing of any claim for which indemnification is sought, provided that failure to provide such notice shall not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by such failure. Customer shall have sole control of the defense and settlement of any such claim, provided that Customer shall not settle any claim in a manner that adversely affects MADEFUL without MADEFUL's prior written consent.
"Confidential Information" means any non-public information disclosed by one party ("Discloser") to the other party ("Recipient") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, pricing, technical data, and customer information.
Recipient shall: (a) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information only for purposes of exercising its rights or performing its obligations under these Terms; and (c) not disclose Confidential Information to any third party except as permitted herein.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of Recipient; (b) was rightfully in Recipient's possession prior to disclosure; (c) is rightfully obtained by Recipient from a third party without restriction; or (d) is independently developed by Recipient without use of or reference to Discloser's Confidential Information. Recipient may disclose Confidential Information if required by law, provided that Recipient gives Discloser reasonable prior notice and cooperates in seeking protective treatment.
These Terms commence upon MADEFUL's provisioning of Customer's Account and continue until terminated in accordance with this Section 15.
Customer may terminate these Terms at any time by providing written notice to MADEFUL. Termination will be effective at the end of the current billing period. No refunds will be provided for any unused portion of the Subscription period.
MADEFUL may terminate these Terms or suspend Customer's access to the Service: (a) immediately upon written notice if Customer breaches any material provision of these Terms; (b) immediately if Customer fails to pay any fees when due; (c) upon thirty (30) days' written notice for any reason or no reason; or (d) immediately if required by law or if MADEFUL ceases to offer the Service.
Upon termination: (a) all licenses granted to Customer hereunder shall immediately terminate; (b) Customer shall cease all use of the Service; (c) MADEFUL shall have no obligation to maintain or provide any Customer data, and may delete all Input and Output within thirty (30) days; and (d) any outstanding fees shall become immediately due and payable.
The following Sections shall survive termination or expiration of these Terms: Section 1 (Definitions), Section 6 (Intellectual Property), Section 7 (Customer Responsibilities), Section 11 (Warranties and Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Confidentiality), Section 15.4 (Effect of Termination), Section 15.5 (Survival), and Section 16 (General Provisions).
MADEFUL reserves the right to modify these Terms at any time. MADEFUL will provide Customer with at least thirty (30) days' prior notice of any material changes by email to the address associated with Customer's Account. If Customer does not agree to the modified Terms, Customer may terminate these Terms by providing notice to MADEFUL within thirty (30) days of receiving notice of the changes. Customer's continued use of the Service after the effective date of the modified Terms constitutes acceptance of such changes.
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany, to the extent permitted by applicable law.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid provision that most closely reflects the parties' original intent.
These Terms, together with the Privacy Policy and any Data Processing Agreement entered into between the parties, constitute the entire agreement between Customer and MADEFUL with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
Customer may not assign or transfer these Terms or any rights hereunder without MADEFUL's prior written consent. MADEFUL may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, or materials, or failures of AI Providers.
The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
All notices under these Terms shall be in writing and shall be sent: (a) to Customer at the email address associated with Customer's Account; and (b) to MADEFUL at:
MADEFUL GmbH
Lychener Str. 11, 10437 Berlin
Email: hello[at]madeful.com
These Terms are executed in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.
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By using the Service, Customer acknowledges that they have read, understood, and agree to be bound by these Terms of Service.
Last updated: 05.01.2026