Draft pending counsel review.
1. Customer Content
“Customer Content” means any material a customer uploads to or creates in the Service: brand assets, text, structured data, configuration, files, comments, Update Requests, and the brand record itself.
You retain ownership of all Customer Content. Subscribing to Brand Atlas does not transfer any ownership of your brand material to us.
2. The licence you grant us
To operate the Service, we need a limited licence to your Customer Content. You grant us a:
- Non-exclusive licence — you keep all your rights.
- Royalty-free licence — we pay nothing for it.
- Worldwide licence — necessary because cloud infrastructure is global.
- Time-bounded licence — the licence applies while your subscription is active, plus the grace and backup periods described in Data Retention & Deletion.
- Scope-bounded licence — only what is necessary to:
- Host, store, process, back up, and deliver your Customer Content.
- Make your Customer Content available to the team members and guests you authorise.
- Process Customer Content through the AI features you have enabled, in the manner described in the AI Usage and Disclosure Policy.
- Comply with legal obligations.
3. What the licence does not include
The licence we take does not include:
- A right to use your Customer Content for our own marketing without your explicit permission.
- A right to sell or sublicence your Customer Content to third parties.
- A right to use your Customer Content to train AI models of any kind.
- A right to retain your Customer Content beyond the periods described in Data Retention & Deletion.
4. AI providers and training — the explicit carve-out
When you use Oswald or Henry, Customer Content (the relevant brand-record context) is sent to the underlying AI provider to process the request. The AI providers we use do not have a training licence on your Customer Content.
Specifically:
- Anthropic (Oswald). Anthropic’s enterprise API does not use API content for training. We rely on this commitment in our integration.
- OpenAI (Henry). OpenAI’s API content is not used for training on the API tiers we recommend. Customer-supplied keys are used with these tiers; we recommend customers verify their account settings.
- Gemini (Henry). Google’s enterprise API tier does not use API content for training. Customer Google Cloud project settings govern this.
Brand Atlas itself never uses Customer Content to train any model.
5. Our intellectual property
Brand Atlas, the Service, the names Oswald, Henry, Brand Atlas AI, and MadeBy_, the design and code of the Service, the underlying methodologies, and our marketing material are our intellectual property.
Your subscription grants you the right to use the Service per the Terms of Service; it does not transfer any rights in our intellectual property to you.
6. Trademark usage
We grant customers a limited right to use the Brand Atlas wordmark to identify Brand Atlas as a tool they use, for example on a “Built with Brand Atlas” badge, on a vendor list, or in operational documentation. This use must:
- Identify Brand Atlas accurately.
- Not imply endorsement of the customer’s products by Brand Atlas.
- Not modify the wordmark.
We do not grant a right to use the Brand Atlas wordmark in customer marketing or branding without our written permission.
The names Oswald and Henry are product names we may use in marketing; customers using these names in their own writing about Brand Atlas should use the names exactly (no modification, no association with competing AI features outside Brand Atlas’s product).
7. Third-party material in your Customer Content
You are responsible for ensuring you have the right to use any third-party material you upload to your atlas:
- Typefaces. Brand Atlas can hold the licence details; you remain the licence holder.
- Photography. Brand Atlas can hold the gallery with metadata; you remain responsible for the rights.
- Logos and marks of partner brands. Brand Atlas can hold partner lock-up rules; you and the partner are responsible for the rights to combine.
- Stock material. Brand Atlas can hold stock-image assets; your stock licence governs use.
If you upload third-party material without the right to use it, your account is in breach of the Acceptable Use Policy.
8. DMCA and counterclaims
If a third party claims Customer Content in your atlas infringes their rights, the Copyright and DMCA / Takedown Policy governs how we respond. You retain the right to counter-notify.
9. Customer Content on termination
When your subscription ends:
We do not retain your Customer Content beyond these periods for our own use. The retention is purely for your benefit (recovery, exports) and for legal compliance.
10. Feedback
Feedback you provide about the Service is treated under the feedback licence in the Beta / Pilot Terms during the pilot, and under standard Terms of Service feedback provisions at general availability.
11. Aggregated and anonymised data
We may produce aggregated, non-identifiable data about how the Service is used (e.g., “the median atlas has 4.2 Horizons active”). This aggregated data is not Customer Content and we may use it freely. The aggregation is irreversible; no aggregated dataset can be tied back to a specific customer.
12. Customer indemnity
You agree to indemnify Brand Atlas against claims arising from:
- Your Customer Content infringing third-party rights.
- Your use of third-party material in your atlas without the right to do so.
- Your team’s or your guests’ actions in your atlas in violation of these terms.
13. Brand Atlas indemnity
We agree to indemnify you against claims that the Service itself (as we provide it, used per these Terms) infringes third-party intellectual property rights, subject to the limits of liability in the Terms of Service.
14. Changes
We may update this document. Material changes are announced 30 days in advance.
What changed
- 27 May 2026: Initial draft published for counsel review.
