01The agreement
These terms are a contract between you and Hoffer Studios Inc., a Canadian federal corporation headquartered in Quebec, which operates BrandBake at brandbake.app and the BrandBake Shopify app (“the service”). You accept them by creating an account, installing the app, or using the service.BrandBake is a business tool: you must be at least 18 and using it for a business you own or are authorised to act for. If you accept on behalf of a company, you confirm you can bind it.
02Accounts and workspaces
- Keep your sign-in details to yourself and tell us at support@brandbake.app if you think your account has been used without you.
- A workspace belongs to the organisation that created it. Owners and admins decide who joins it and what each role can do; you are responsible for what the people you invite do inside it.
- Give us accurate details and keep them current.
03What the service does
BrandBake reads the data you connect (your Shopify store, your email platform, your social accounts, public pages about your brand), builds a brand profile, recommends campaigns with the evidence behind them, and drafts emails, social posts and images you can edit.
Nothing goes out without your approval. Emails are exported to your email platform as drafts; social posts are scheduled only after you approve them. Every connected platform is acted on solely at your instruction, and you can disconnect any of them at any time.
04Your content and data
- You own what you bring and what you make. Your brand assets, product data, campaign plans and the content the service produces for you are yours. We claim no rights in generated output.
- You give us the licence we need to operate the service: to store, process, render and transmit your content to the platforms and providers you connect, for the purposes described in our Privacy policy.
- You confirm you have the rights to the logos, photographs, copy and product information you upload or connect, and that using them in your marketing does not infringe anyone else’s rights.
- You must own, or be authorised to act for, every store, list and account you connect.
05AI-generated content
Recommendations, copy, images and research are produced with AI models from Anthropic and OpenAI. They are drafts built from your data and public information. They can be wrong, incomplete or unsuitable, and BrandBake shows its reasoning so you can judge. You are responsible for reviewing everything before it is sent or published, including any claim about a product, price, offer or result, and for complying with advertising and consumer law where you sell.
We do not promise any particular commercial outcome from a campaign.
06Acceptable use
- Send only to people you are entitled to contact, and comply with the laws that govern your sends (for example CAN-SPAM, CASL and the GDPR) and with the rules of each platform you connect.
- No unlawful, deceptive, infringing, hateful or harmful content; no impersonating other brands.
- The free brand kit reads the public pages of the store address you enter. Use it for stores you own or represent, not to scrape or mimic other people’s brands.
- No attempts to break, overload, reverse-engineer or gain unauthorised access to the service or anyone else’s workspace.
07Plans and fees
- Paid plans are billed monthly in advance at the price shown on the pricing page when you subscribe. Promotional prices stay in place for as long as the subscription they were offered with stays active.
- Each plan includes the AI work described on the pricing page. Image credits and additional campaigns beyond a plan’s allowance are metered as shown there. We may change prices or allowances with 30 days’ notice, taking effect at your next renewal.
- Fees exclude taxes, which are added where they apply. Partial periods are not refunded unless the law where you are requires it.
- The free brand kit and analysis, and any trial we offer, create no obligation.
08Third-party platforms
Shopify, Klaviyo, Omnisend and the social networks are separate services with their own terms, which continue to apply to your use of them. We are not responsible for their availability, changes to their APIs, or how they handle your data once it reaches them. Where a platform limits what its API may be used for, those limits bind our use of it too.
09Data protection terms
These terms apply to any personal data of your customers that passes through the service, and form our data-processing agreement with you.
- Roles. You are the controller of your customers’ data; we are your processor and act only on your documented instructions, which are the settings and actions you take in the service.
- Scope. We process only what the Privacy policy describes. From your store we keep an opaque customer identifier with order counts, spend, country, tags and marketing-consent status, never names, email addresses, phone numbers or addresses.
- Sub-processors. Vercel (hosting), Supabase (database, authentication, file storage), Anthropic and OpenAI (content generation and research), and SocialKit (social publishing). We tell you before adding one; you may object and terminate if you cannot accept it.
- Security. The measures in the Privacy policy: TLS in transit, encryption at rest, encrypted credentials, workspace isolation, role-based access, audit logging and signed webhooks.
- Assistance. We answer Shopify’s customer data-request and redaction webhooks automatically and help with any other data-subject request you receive within 30 days.
- Breaches. We notify you without undue delay, and within 72 hours of confirming, of any breach affecting your data.
- Deletion. On uninstall, disconnection or termination we delete the data sourced from the platform or workspace as set out in the Privacy policy.
- Transfers. Data is processed in the United States. Where the law where you are requires safeguards for that, the sub-processors above operate under their standard contractual terms for international transfers.
10Confidentiality
Your business data, sales figures, campaign results and plans are confidential. We use them only to provide the service to you, never to benchmark you against other customers in a way that identifies you, and never to train AI models.
11Our intellectual property
The service, its software, design and documentation belong to Hoffer Studios Inc.. You get a non-exclusive, non-transferable right to use it while these terms are in force. Feedback you give us may be used to improve the service without obligation to you.
12Availability and support
We aim to keep the service available at all times but do not guarantee it; we may take it down for maintenance, and connected platforms and AI providers have their own outages. Support is by email at support@brandbake.app.
13Ending the agreement
- You can stop at any time by disconnecting your platforms, uninstalling the app, and emailing support@brandbake.app to delete your workspace.
- We can suspend or end your access if you break these terms, if your use puts the service or other customers at risk, or if a platform withdraws access we need. Where we can, we warn you first.
- On termination your right to use the service ends and we delete your data as the Privacy policy describes. Fees already paid are not refunded unless we end the agreement without cause.
14Disclaimers and liability
The service is provided as is. To the extent the law allows, we make no warranties about it, including that generated content will be accurate, that recommendations will perform, or that the service will be uninterrupted.
To the extent the law allows, neither party is liable to the other for indirect or consequential loss, and our total liability under these terms is limited to the fees you paid us in the twelve months before the claim. Nothing limits liability for fraud, wilful misconduct, or anything that cannot be limited by law.
You will cover us against claims arising from content you supply, the sends and posts you approve, and your breach of these terms or of the law that applies to your marketing.
15Governing law
These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, and disputes go to the courts of the Province of Quebec, unless mandatory consumer law where you live gives you other rights.
16Changes and contact
If we change these terms in a way that matters, we say so on this page and update the effective date, and for material changes we email account owners at least 30 days ahead. Questions: support@brandbake.app.