Terms of Service

1. Service Description

BrandSwitch is a document rebranding platform that transforms documents from one brand identity to another. It is designed to assist with document migration and brand consistency, but:

• ❌ NOT a design agency or creative services provider
• ❌ NOT a substitute for professional graphic design review
• ❌ NOT a guarantee that output documents will meet your exact specifications
• ❌ NOT responsible for accuracy of brand assets you provide
• ❌ NOT responsible for the content within your documents

What it IS: A tool that applies brand transformations to documents YOU upload, using brand specifications YOU provide.

2. Company Information

Legal Entity: PM Project Change Pty Ltd

ABN: 83 692 182 479

Product: BrandSwitch

Website: brandswitch.io

Location: Sydney, NSW, Australia

Contact: info@brandswitch.io

3. Eligibility

You must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Provide accurate information during registration
• Be responsible for maintaining account security
• Not use the service for illegal purposes
• Not be barred from using the service under Australian law

4. Account Responsibilities

You are responsible for:

• Password security: Keep your password confidential and secure
• Account activity: All actions taken under your account
• Document accuracy: The accuracy and appropriateness of all documents and brand assets you upload
• Downloading outputs: Downloading your transformed documents promptly after processing
• Compliance: Ensuring your use complies with all applicable laws and regulations
• Unauthorised access: Notifying us immediately if you suspect unauthorised access

We are NOT responsible for:

• Lost documents due to your failure to download outputs
• Unauthorised access due to password sharing or weak passwords
• Decisions you make based on output from the platform
• Brand compliance failures due to inaccurate brand assets you provided
• Content within documents you upload

5. Subscription and Payment

Current Offering

BrandSwitch is currently available as a free demo. Paid subscription tiers will be introduced in the future.

Future Pricing

• We will provide at least 30 days notice of pricing changes
• Existing users will be given the opportunity to review pricing before being charged
• Payment will be processed via a secure, PCI-compliant payment processor

Cancellation

• You may stop using the free demo at any time
• When paid subscriptions are introduced, you may cancel at any time

6. Data Ownership and Control

You Own Your Data

Critical Principle: You retain complete ownership of all documents, brand assets, and content you upload to BrandSwitch.

Our Role

We are a processing and transformation service only. We do NOT:

• Claim ownership of your documents or content
• Sell your data to third parties
• Share your documents with anyone
• Use your documents for any purpose beyond providing this service
• Train AI models on your uploaded documents

License You Grant Us

By using the service, you grant us a limited license to:

• Process your documents on our servers for the purpose of brand transformation
• Temporarily store your documents during processing
• Generate and deliver transformed output documents to you

This license ends when your documents are deleted from our system.

7. Acceptable Use

You agree NOT to:

• Use the service for illegal activities or to violate any laws
• Attempt to hack, reverse engineer, or breach security measures
• Upload malicious code, viruses, or harmful software
• Violate intellectual property rights of third parties
• Upload documents you do not have the right to modify or rebrand
• Impersonate others or create fake accounts
• Share your account credentials with others
• Scrape or data mine the service
• Overload or interfere with service operations
• Use the service to produce fraudulent or misleading documents

Violation may result in immediate account termination.

8. Intellectual Property

Your Content

• You own: All documents, brand assets, and content you upload
• You control: Download, delete, or modify your documents at any time
• You are responsible for: Ensuring you have the right to upload and rebrand all content

Our Content

• We own: BrandSwitch application code, design, branding, and features
• License to you: Non-exclusive, non-transferable right to use the service while your account is active
• Restrictions: You may not copy, modify, distribute, or create derivative works of our platform

Trademarks

"BrandSwitch" and associated logos are trademarks of PM Project Change Pty Ltd. You may not use our trademarks without written permission.

9. Disclaimer of Warranties

Service Availability

• We do NOT warrant the service will be uninterrupted or error-free
• We do NOT guarantee zero downtime
• We do NOT guarantee compatibility with all devices, browsers, or document formats

Output Quality

• We do NOT guarantee that transformed documents will be pixel-perfect
• We do NOT warrant that all formatting will be preserved during transformation
• We do NOT guarantee that output will match your exact brand specifications in all cases

Security

• While we implement strong security measures, we do NOT guarantee absolute security
• No system is 100% secure from hacking, data breaches, or system failures

Australian Consumer Law: This disclaimer does not exclude any guarantees under the Australian Consumer Law that cannot be excluded by law.

10. Limitation of Liability

We are NOT liable for:

• Data loss: Lost documents, corrupted files, or deleted data
• Financial loss: Lost profits, business opportunities, or income
• Brand damage: Any harm arising from incorrectly transformed documents
• Service interruptions: Downtime, outages, or unavailability
• Third-party failures: Railway, Supabase, or Cloudflare outages
• Data breaches: Unauthorised access despite reasonable security measures
• Indirect damages: Consequential, incidental, punitive, or special damages
• User error: Incorrect brand assets provided, wrong documents uploaded

Maximum Liability Cap

In any event, our total liability to you is limited to the amount you paid us in the 12 months prior to the claim (or $50 AUD, whichever is greater).

Australian Consumer Law

This limitation does not exclude guarantees under the Australian Consumer Law that cannot be excluded. Where we breach a consumer guarantee, our liability is limited to re-supplying the service or paying the cost of re-supplying the service.

11. Data Security

1. Data Isolation

• Documents are processed in isolated sessions
• User data is separated at the database level
• Other users cannot access your documents

2. Encryption

• TLS/SSL encryption (HTTPS) for all data transmission
• Database encrypted at rest
• Passwords hashed using bcrypt

3. Infrastructure

• Hosted on secure cloud infrastructure (Railway)
• DDoS protection via Cloudflare
• Bot protection via Cloudflare Turnstile

Incident Response

If we experience a data breach, we will notify affected users within 72 hours (as required by Australian law), notify the OAIC if required, and take immediate steps to contain and remediate the breach.

12. Termination

We may suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent activity
• Required by law or court order
• We discontinue the service (with 30 days notice)
• You use the service for illegal purposes

You may terminate by:

• Stopping use of the service
• Emailing info@brandswitch.io

Upon termination:

• Any documents still stored will be permanently deleted
• Your account information will be deleted within 30 days
• Ensure you have downloaded all transformed documents before terminating

Survival

The following sections survive termination: Data Ownership, Intellectual Property, Disclaimers, Limitation of Liability, Governing Law, Dispute Resolution.

13. Changes to Terms

We may modify these Terms of Service from time to time.

How We Notify You

• Email notification to your registered email address
• In-app notification banner
• 30 days notice before significant changes
• Updated "Last Updated" date at top of this document

Continued use after changes take effect = acceptance of new terms.

Pricing Changes

• Existing users: 30 days notice
• New users: New prices apply immediately
• You may cancel if you disagree with new pricing

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

Jurisdiction

• You agree that any disputes will be resolved in the courts of New South Wales, Australia
• You submit to the non-exclusive jurisdiction of those courts
• This does not affect your rights under the Australian Consumer Law

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

15. Dispute Resolution

Before taking legal action, you agree to attempt to resolve disputes informally:

Contact Us

• Email: info@brandswitch.io
• Describe the issue in detail
• We will respond within 7 business days

Good Faith Negotiations

• Both parties will attempt to resolve the dispute in good faith
• Negotiation period: 30 days from initial contact
• All communications remain confidential

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court:

• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect
• The invalid provision will be replaced with a valid provision that most closely matches the intent

17. Contact Information