Draft for legal review. Written to match how the platform actually works so counsel edits facts rather than inventing them. Not yet reviewed by a qualified lawyer, and not legal advice. Placeholders in [brackets] need a decision.
1. Which terms apply to you
This website. Sections 2–5 govern browsing brandfora.com, submitting an enquiry, subscribing, or booking a meeting.
The platform. If you run stores on Brandfora, your relationship is governed by a signed platform agreement and an order form, not by this page. Sections 6–14 describe the shape of that agreement so you know what to expect before you see it. Where the two conflict, the signed agreement wins.
Buying from a store. If you bought merchandise from a branded store running on Brandfora, your contract is with the operator of that store, not with us. We provide the infrastructure. Refunds, delivery and product complaints go to them.
2. Using this site
Use it lawfully. Do not attempt to breach it, scrape it at a volume that degrades it for others, or misrepresent your identity in a form. We may withdraw access for any of those.
3. Our content
The site, its copy, its design system and its logos belong to Brandfora. You may quote us with attribution and link to us freely. You may not use the Brandfora name or marks in a way that implies partnership, endorsement or certification that does not exist.
4. Forms and enquiries
Submitting a form starts a conversation; it does not create a contract, reserve capacity, or bind us to a price. The response times we publish are targets we hold ourselves to, not contractual commitments.
5. What this site is not
Descriptions of the platform on this site are provided in good faith and labelled by how far each capability has shipped — running, rolling out, or bringing on. We work hard to keep those labels accurate. They are a description, not a warranty, and a capability marked rolling out or bringing on must not be relied on in your planning until it is confirmed in writing for your account.
6. The platform agreement — what to expect
6.1 What you get
A right to access and use the platform during the subscription term, for your own business and your buyers’. Software is licensed, not sold.
6.2 Who owns what
- You own your data: your catalog, your pricing, your customers, your stores, your artwork, your brand.
- We own the platform: the software, the infrastructure, and improvements to it.
- You keep your brand. Brandfora is white-label by architecture. We will not put our name on your stores, and we will not name you publicly as a customer without your written consent.
- Feedback you give us we may use freely, without obligation.
6.3 Your responsibilities
You are responsible for the content of your stores, the rights to artwork uploaded to them, the accuracy of your pricing, your compliance with consumer and tax law in the markets you sell into, and your own users’ conduct. You are the data controller for your buyers; we are your processor.
6.4 Suppliers and fulfillment
Where you use PO and self-fulfillment, you buy blanks on your own supplier account, on your supplier’s terms. Brandfora does not sit between you and that relationship, does not guarantee supplier stock, pricing or lead times, and is not a party to your purchase orders. Freight into your facility is your cost.
Where you use network fulfillment, the fulfilling partner’s terms govern production and delivery of those items.
6.5 Payments
Each partner is its own merchant of record — payment credentials resolve per tenant, and buyer funds flow to you, not through us. Brandfora is not a payment institution and does not hold client money. Payment processing is governed by your agreement with your payment provider.
Commission and settlement ledgers are built into the platform. Automated payouts to sellers activate per-seller once their Stripe Connect account is enabled; until then settlement is recorded in the ledger and handled offline.
6.6 Fees
Fees, currency and billing frequency are set in your order form. Fees are [exclusive] of VAT and other taxes. Invoices are payable within [30 days]. We may charge interest on late payment at [the statutory rate]. We will give at least [60 days’] notice before a price change takes effect at renewal.
6.7 Service levels and support
Target availability, support hours and response times are set in your order form or a service-level appendix. [Decision needed: publish a standard SLA, or keep it per-contract? A published uptime figure becomes a claim we must be able to evidence — see the do-not-claim discipline.]
6.8 Acceptable use
You may not use the platform to sell unlawful goods, infringe intellectual property, produce content that is hateful or promotes violence, breach a supplier’s restricted-brand rules, or circumvent tenant isolation. We may suspend a store or an account for a material breach, with notice where it is safe to give it and immediately where it is not.
6.9 Security and personal data
Processing of personal data is governed by the Data Processing Addendum, which forms part of the agreement. Sub-processors are listed there and we notify you before that list changes.
6.10 Confidentiality
Each side protects the other’s confidential information with at least reasonable care, uses it only for the agreement, and returns or destroys it on termination.
6.11 Warranties
We warrant that the platform will perform materially as described in the documentation for your account, and that we will provide it with reasonable skill and care. Otherwise the platform is provided as is, and we do not warrant uninterrupted or error-free operation. [Jurisdiction check: some consumer and local-law warranties cannot be excluded.]
6.12 Liability
Neither side excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. Subject to that, neither side is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings; and each side’s total liability is capped at [the fees paid or payable in the 12 months before the claim].
6.13 Term, termination and what happens to your data
Either side may terminate for material breach not cured within [30 days], or on insolvency. On termination you may export your data for [60 days], after which it is deleted on a documented schedule — suspend, archive, then purge.
6.14 General
[Governing law and jurisdiction — decision needed.] Neither side may assign without consent, except to a successor of its business. Neither side is liable for delay caused by events outside its reasonable control. If a clause is unenforceable the rest survives. The agreement, its order form and its addenda are the entire agreement between us.