Terms of service

1. The agreement

These terms are an agreement between Brandrail (“Brandrail”, “we”) and the organisation that signs up for the service (“you”). The person who accepts them confirms they can bind that organisation. If you have a signed order form or enterprise agreement with us, it takes priority over these terms where they differ.

“Service” means the Brandrail website and dashboard, API, MCP server, CLI, GitHub App, GitHub Action and component kit. Our privacy policy and data processing agreement form part of these terms.

2. Accounts

• You must give accurate details and keep them up to date.
• You are responsible for what happens under your organisation, including what members and API keys do. Keep passwords and keys secret and revoke any you think are exposed.
• Organisation owners control membership, roles and billing.
• You must be at least 18, or the age of majority where you live.

3. Plans, trials and payment

• The Free plan has the limits shown on the pricing page. We may change Free limits with 30 days' notice.
• Team is billed monthly or yearly in advance, in Australian dollars, for the number of seats you choose. A 14-day trial is available once per organisation.
• Payments are processed by Stripe. Adding seats part-way through a period adds a prorated amount to the next invoice.
• Enterprise plans are invoiced under the terms of the order form.
• If a payment fails we'll retry and let you know. If it stays unpaid, the organisation moves to the Free plan; we don't delete your data because of a missed payment.
• We'll give at least 30 days' notice of a price change, which applies from your next billing period.

Fees are non-refundable except where the law requires otherwise, including the Australian Consumer Law, or where we end the service without cause (see section 10).

4. Your data

You own your content: Brand Kits, component definitions, check results and anything else you put into the service (“Customer Data”). You give us permission to host, copy and process Customer Data only to provide, secure and support the service for you.

We don't sell Customer Data and don't use it to train AI models. Source code checked by the CLI, MCP server or GitHub App is not stored.

You are responsible for having the right to use the content you put into the service, such as brand assets and fonts.

5. Acceptable use

You must not:

• use the URL scanner on sites you don't own or have permission to test, or to reach private networks;
• try to access another organisation's data, or get around limits, rate limits or security controls;
• overload, disrupt or reverse engineer the hosted service (the open-source parts are covered by their own licences);
• use the service to break the law or anyone's rights, or resell it without our written agreement.

We may suspend access that puts the service or other customers at risk, and will tell you why unless the law prevents it.

6. Third-party services

The service connects to tools you choose, such as GitHub, Figma and AI coding tools. Your use of those is governed by their own terms. AI tools generate code on their own and we don't guarantee what they produce: Brandrail guides and checks that code but you remain responsible for reviewing it before it ships.

7. Our intellectual property

We own the service and everything we provide as part of it, apart from Customer Data and open-source components. Files the CLI writes into your repositories (configuration, rule files, tokens CSS) are yours to use and change. Feedback you give us can be used without obligation.

8. Availability and support

We work to keep the service available and to fix problems quickly, and announce planned maintenance in advance where we can. Support is by email at hello@brandrail.com.au. Service levels for Enterprise are set out in the order form.

9. Warranties and liability

Nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded. Where our liability for a failure to meet a consumer guarantee can be limited, it is limited to supplying the service again or paying for it to be supplied again.

Otherwise, the service is provided “as is”. To the extent the law allows, neither party is liable for indirect or consequential loss, or loss of profit, revenue or data, and each party's total liability under these terms is limited to the fees you paid in the 12 months before the claim (or A$100 on the Free plan). These limits don't apply to a party's fraud, wilful misconduct, or breach of confidentiality, or to your payment obligations.

10. Ending the agreement

• You can cancel a paid plan any time in Settings → Billing; it ends at the end of the period paid for. You can delete your organisation any time in Settings.
• Either party can end the agreement if the other materially breaches it and doesn't fix the breach within 30 days of notice.
• We can end the service for everyone with 90 days' notice and a pro-rata refund of prepaid fees.
• After the agreement ends you have 30 days to export your Brand Kit (as JSON or CSS) before we delete Customer Data, then it is removed from backups within a further 30 days.

11. Changes to these terms

We'll email organisation owners at least 30 days before a material change. If you don't agree, you can cancel before it takes effect and we'll refund prepaid fees for the remaining period.

12. General

• These terms are governed by the laws of Western Australia, Australia, and the courts there have jurisdiction.
• Neither party is responsible for delays caused by events outside its reasonable control.
• You may not transfer this agreement without our consent; we may transfer it to a successor to our business, and will tell you.
• Notices to us go to hello@brandrail.com.au; notices to you go to your organisation owners' email addresses.