Terms of Service

Important: please read these Terms of Service carefully before using the Brand Guide Creator.

THIS AGREEMENT REQUIRES THAT DISPUTES BETWEEN US BE RESOLVED BY BINDING ARBITRATION AND CONTAINS A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

By accessing or using the Brand Guide Creator platform ("Platform"), operated by Forge & Wade LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms govern the use of brand.aitoyteam.com, including any content, functionality, and services offered on or through brand.aitoyteam.com (the "Platform"), whether as a guest or a registered user. If you do not agree to these Terms, do not use the Platform.

1. Definitions

• "Platform" means the Brand Guide Creator web application, including all features, tools, and services accessible at brand.aitoyteam.com and any related subdomains or applications.
• "User" means any individual or entity accessing the Platform, including any person who creates an account to use the Platform's brand guide generation features.
• "Content" means any data, text, documents, audio recordings, transcripts, written responses, images, business information, brand voice samples, or other materials generated by, uploaded to, or displayed on the Platform.
• "AI-Generated Content" means any content produced by the Platform's artificial intelligence systems, including but not limited to interview questions, follow-up questions, brand guide outputs, and any other AI-produced text or analysis.
• "Interview" means the structured intake process by which the Platform collects information from a User through voice or text input in order to generate a Brand Guide.
• "Brand Guide" means the downloadable PDF document generated by the Platform based on the User's Interview responses.

2. Eligibility and Accounts

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Platform. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete, and you agree to update such information as necessary.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You may create an account using an email address and password. The Platform does not currently support third-party authentication providers.

3. Purchases, Payment, and Access

3.1 One-Time Purchase

Access to the Platform's brand guide generation feature requires a one-time payment of $39 USD ("Initial Purchase"). The Initial Purchase grants the User the right to complete one (1) Interview and receive one (1) generated Brand Guide.

Payments are processed through a third-party payment processor. By making a purchase, you authorize a one-time charge to your payment method.

3.2 Regeneration Purchases

Users who wish to generate additional Brand Guides (for example, to update an existing Brand Guide or generate a guide for a different business) may make additional purchases ("Regeneration Purchases") at the then-current regeneration price posted on the Platform. Each Regeneration Purchase grants the User the right to complete one (1) additional Interview and receive one (1) additional Brand Guide.

The Company reserves the right to change the price of Initial Purchases and Regeneration Purchases at any time. Posted prices apply to all purchases made after the price change is published. Past purchases are not affected.

3.3 Access Window

Following a successful purchase and completion of an Interview, the User shall have access to the generated Brand Guide for a period of six (6) months from the date the Brand Guide is generated ("Access Window"). During the Access Window, the User may download the Brand Guide as many times as desired.

Upon expiration of the Access Window, the User's access to the Brand Guide will be removed from the Platform. The Company strongly recommends Users download and save a local copy of their Brand Guide promptly after generation. The Company is not responsible for Users' failure to download or save their Brand Guide during the Access Window.

3.4 Refunds

ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.

By completing a purchase, you acknowledge that you have read, understood, and agreed to this no-refund policy. The Company does not offer refunds for any reason, including but not limited to dissatisfaction with the generated Brand Guide, failure to complete an Interview, accidental purchases, or expiration of the Access Window.

3.5 Free Trial

The Platform does not offer a free trial.

4. AI-Generated Content, Disclaimer and Limitations

4.1 Nature of AI-Generated Content

The Platform uses artificial intelligence technology to generate content including, but not limited to:

• Interview questions and follow-up questions
• Brand guide outputs in PDF format
• Brand voice analysis and articulation
• Brand positioning summaries
• Any other AI-produced text or analysis derived from User Interview responses

4.2 No Guarantee of Accuracy

All AI-Generated Content is provided on an "AS IS" basis without any warranty of accuracy, completeness, reliability, or fitness for any particular purpose. AI systems can and do make errors. The Company does not guarantee that any AI-Generated Content is accurate, current, complete, error-free, or suitable for your specific business needs.

Specifically, the Company makes no representations or warranties regarding:

• The accuracy of any brand guide content generated by the Platform
• Whether the generated Brand Guide accurately reflects your business, voice, audience, or values
• Whether the generated Brand Guide is appropriate for any specific business, marketing, legal, or strategic purpose
• Whether the generated Brand Guide will produce any specific business outcome or result
• The effectiveness, appropriateness, or quality of any AI-suggested phrasing, positioning, or recommendations

4.3 User Responsibility

You are solely responsible for reviewing, verifying, and editing all AI-Generated Content before use. You should independently verify all factual claims, business statements, and strategic recommendations before relying on them. Any decision to use the generated Brand Guide for marketing, business operations, or any other purpose is made entirely at your own risk.

The Brand Guide is intended as a starting framework. The Company strongly recommends that Users review, edit, and refine the generated Brand Guide before relying on it for any business purpose.

5. Voice Recordings and Transcription

5.1 Voice Interview Option

Users may complete the Interview using either text input or voice input. If a User selects the voice input option, the Platform records the User's spoken responses solely for the purpose of generating an accurate transcription.

5.2 Voice Processing and Third-Party Transcription

The Company does not store voice recordings on its own servers. When a User selects the voice input option, the audio is transmitted directly to a third-party transcription service provider (OpenAI's Whisper API) for the sole purpose of generating a transcription. The Company receives only the resulting text transcription from the provider. The Company does not retain the underlying audio file.

Audio data sent to OpenAI's Whisper API is subject to OpenAI's own privacy policy, terms of service, and data usage policies. Per OpenAI's published data controls documentation, audio submitted to the Whisper transcription endpoint is not retained for abuse monitoring or as application state, and is not used to train OpenAI's models. Users who do not consent to this third-party processing should select the text input option instead.

5.3 Transcription

Once a voice recording is transcribed, the resulting text becomes part of the User's Interview responses and is treated under these Terms in the same manner as text input. Transcriptions may contain errors. The Company is not responsible for any errors, misinterpretations, or omissions in the transcription of voice recordings.

6. User Content, Data Ownership, and Conduct

6.1 Your Content

You retain ownership of all Content you provide to the Platform ("Your Content"), including Interview responses (text and transcribed voice), business information, brand voice samples, and any other materials you provide. You also retain ownership of the generated Brand Guide produced from Your Content.

By providing Your Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and process Your Content for the purpose of operating, improving, and providing the Platform's services, including generating your Brand Guide.

In the event of a merger, acquisition, or sale of all or substantially all of the Company's assets, this license and the Company's rights under these Terms may be assigned to the acquiring entity, and the acquiring entity will be bound by the same obligations regarding Your Content and Platform Data as set forth in these Terms.

If you terminate your account or upon expiration of your Access Window, your Brand Guide will be removed from the Platform in accordance with our data retention policies. Your Interview responses will be anonymized as described in Section 6.2. The Company does not retain identifiable copies of your Brand Guide after the Access Window expires.

6.2 Platform Data

Through your use of the Platform, data is generated that is distinct from Your Content ("Platform Data"). Platform Data includes, but is not limited to:

• Anonymized Interview responses, with all personally identifying information and business-identifying information removed
• Aggregated usage patterns, feature interaction data, and performance metrics across the Platform
• Aggregated and anonymized brand trends, including patterns in voice preferences, audience profiles, positioning approaches, and category-level signals
• AI model training data and algorithmic improvements derived from Platform interactions
• Any analytics, statistics, insights, indices, benchmarks, or derivative works generated from the collective use of the Platform

The Company owns all right, title, and interest in Platform Data. Platform Data is aggregated and anonymized, it does not identify you, your specific business, or your specific Brand Guide to any third party. The Company may use Platform Data for any lawful purpose, including but not limited to:

• Improving the Platform's features, AI systems, interview flows, and brand guide outputs
• Publishing aggregated industry reports, trend analyses, and market insights
• Developing new features, products, services, and data-driven tools
• Sharing aggregated, anonymized insights with industry partners, trade organizations, and researchers
• Informing the Company's own business decisions, consulting services, educational content, and advisory offerings

6.3 AI Training

By using the Platform, you acknowledge and agree that your interactions with the Platform, including your Interview responses, brand guide generation outcomes, and feature usage patterns, may be used to train, improve, and refine the Company's AI systems. This training is conducted using aggregated and anonymized data and is essential to improving the quality of the Platform's services for all users.

6.4 Conduct

You agree not to:

• Provide fraudulent, falsified, or misleading information during the Interview
• Use the Platform to harass, spam, or send unsolicited communications
• Attempt to circumvent purchase requirements, usage limits, or access restrictions
• Use automated scripts, bots, or scraping tools to access the Platform
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform for any unlawful purpose
• Misrepresent your identity or business
• Provide content that infringes on the intellectual property rights of others
• Resell, redistribute, or repackage the Platform's outputs as your own product or service offering
• Use the Platform in any other manner that the Company, in its sole and absolute discretion, believes is detrimental to the Company, Platform or any other User

7. Intellectual Property

The Platform, including its design, features, algorithms, AI models, interview frameworks, and all related intellectual property, is owned by Forge & Wade LLC. The "Brand Guide Creator" name and any associated logos are trademarks of Forge & Wade LLC.

You may not copy, modify, distribute, or create derivative works based on the Platform or its proprietary systems without express written permission. The license to Your generated Brand Guide is for your own personal and business use. You may not resell, sublicense, or distribute the Platform's interview framework, prompts, or output structure as a standalone product.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of revenue, profits, or business opportunities
• Costs of procurement of substitute goods or services
• Business interruption or loss of data
• Damages arising from reliance on AI-Generated Content, including the generated Brand Guide
• Damages arising from inaccuracies, omissions, or errors in the generated Brand Guide
• Damages arising from failure to download the Brand Guide before expiration of the Access Window
• Damages arising from voice transcription errors
• Any business or marketing decisions made based on the generated Brand Guide

THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE COMPANY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT DEFECTS WILL BE CORRECTED; OR THAT INFORMATION WILL BE SAVED OR PRESERVED OR MAINTAINED AS CONFIDENTIAL. THE COMPANY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO AI-GENERATED CONTENT AND THE GENERATED BRAND GUIDE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY INFORMATION RESTS WITH YOU.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT THAT YOU COMMUNICATE WITH THE COMPANY THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Any content you provide, including fraudulent or misleading information
• Your reliance on AI-Generated Content or your generated Brand Guide
• Your use of the generated Brand Guide for any business, marketing, or other purpose
• Your violation of any law, regulation, or third-party rights

11. Data Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

12. Termination

We may suspend or terminate your account immediately and without notice for cause, including but not limited to violation of these Terms, providing fraudulent information, abusive behavior, non-payment, or suspected fraudulent activity.

For termination without cause, the Company will provide at least 30 days' written notice via the email address associated with your account. During this notice period, you will retain access to download any Brand Guide currently within an active Access Window.

Data Export: Prior to or upon account termination, you may download any Brand Guide currently within its Access Window directly from the Platform. After account termination, your Brand Guide will be removed from the Platform. The Company may retain Platform Data (as defined in Section 6.2) and anonymized derivatives of Your Content in accordance with these Terms.

Any accrued obligations (including indemnification and limitation of liability) survive termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a notice on the Platform at least 30 days before taking effect. Your continued use of the Platform after modifications become effective constitutes acceptance of the updated Terms.

14. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, all such disputes, including but limited to any question as to whether a particular dispute is subject to this arbitration requirement, shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place before a single arbitrator in Bergen County, New Jersey. Before accepting appointment, the arbitrator shall agree: (a) that the arbitrator's award shall be made within nine (9) months of filing a notice of intention (or demand) to arbitrate (but it may be extended by written agreement of the parties); (b) to base any decision or award on governing law; (c) to not award punitive or other damages that are not measured by the prevailing party's actual damages, except as may be required by statute; and (d) to issue a written award within ten (10) days of concluding the presentation of evidence and briefs. Judgment may be entered in any court having jurisdiction thereof. Notwithstanding this requirement to arbitrate, the Company may institute an action in any court of applicable jurisdiction in order to enforce or protect its intellectual property rights or to prevent or cease any abuse of this Platform or violation of this Agreement.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

Any cause of action brought by you arising out of or related to the Platform must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

15. Reporting Infringement

The Company respects the intellectual property of others, and we ask that those posting to the Platform do the same. If you believe that your copyrighted work has been copied, and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Location where the original or an authorized copy of the copyrighted work exists, such as the URL of the web site where it is originally posted or the name of the book in which it has been published.
• Location of the specific URL or other location on this site where the material that you claim is infringing is located (please provide as much information as possible to allow us to locate the material).
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Contact information for our agent for notice of claims of copyright infringement on this site:

8 The Green Ste B
Dover, DE 19901
inquiries@forgeandwade.com
(718) 807-4530

If you fail to comply with all of the requirements above, your notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. The Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

We may restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees).

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

If you believe any Content on the Platform is infringing any trademark or other intellectual property rights, you should email inquiries@forgeandwade.com and include the following:

• The electronic or physical signature of the owner of the rights or the person authorized to act on the owner's behalf.
• A description of the intellectual property rights that you claim has been infringed and a description of the infringing activity. If you are claiming infringement of a trademark, you should include the trademark registration number and the country which registered it.
• Location where the original or an authorized copy of the infringed work exists.
• Location of the specific URL or other location on this site where the material that you claim is infringing is located (please provide as much information as possible to allow us to locate the material).
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights owner or are authorized to act on the rights owner's behalf.

16. Miscellaneous

• Denial of Access: The Company, for any reason or no reason at all and at its sole discretion, may decide that any person shall be denied access to any part or all of the Platform. The sending of an email notice to any email address associated with the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Platform upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Platform, without the Company having to post any bond or surety therefor.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Platform.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights and obligations without restriction.
• Force Majeure: The Company shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

17. Contact Information and Support

If you have questions about these Terms, please contact us at:

Forge & Wade LLC
Email: inquiries@forgeandwade.com
Website: www.forgeandwade.com

For Platform support or to report a problem:

Support: support@aitoyteam.com

We aim to respond to all support inquiries as soon as possible within reasonable business hours. While we do not guarantee specific response times, we are committed to resolving Platform issues promptly and in good faith.

BY USING THE BRAND GUIDE CREATOR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.