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Terms of service

Effective Date: January 1, 2026 | Last Updated: September 14, 2026

These Terms of Service ("Terms") govern your access to and use of Brand Peel (the desktop application, command-line tools, website, and related cloud services), operated by MerginIT e.U. (Owner: Jonas Fröller, Nußböckstraße 92, 4060 Leonding, Austria; registered at Landesgericht Linz under FN 654298 d, hereinafter "MerginIT", "we", "us", or "our").

By downloading, installing, accessing, or using Brand Peel, you agree to be legally bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity.

1. Scope of service & software license (EULA)

Brand Peel is a software product consisting of a local-first desktop application, website resources, and optional cloud AI proxy endpoints. It is engineered to help founders, designers, and software creators establish brand strategy, generate design tokens, preview brand assets, and export production-ready code variables.

License Grant: Subject to your compliance with these Terms, MerginIT grants you a non-exclusive, non-transferable, revocable license to download, install, and execute the Brand Peel desktop application and associated command-line tools on compatible devices you own or control, for your personal or internal business purposes in accordance with your plan.

Local-First Architecture: Brand Peel's core authoring, token formatting, and project management tools execute locally on your machine. You do not need an active cloud subscription to utilize local-first workspace features that do not invoke external AI proxy endpoints.

2. Intellectual property, AI outputs & trademark clearance

Your Content Belongs to You: You retain full ownership, title, and all intellectual property rights to all strategy documents, Markdown files, typography definitions, design token configurations, and code exports created by you or stored locally within your Brand Peel projects.

Rights to Generated Outputs & Commercial License: To the maximum extent permitted by applicable law, MerginIT makes no claim of ownership over outputs generated specifically for you through Brand Peel's AI features. Subscribing to Brand Peel Pro includes a commercial license to use, reproduce, display, and commercially exploit generated graphics, logos, and visual assets for your own projects or client deliverables. Outputs created solely through the complimentary Starter Trial are provided for testing, evaluation, and feature discovery.

Trademark & Legal Clearance Disclaimer (Important): Brand Peel provides automated, generative suggestions for brand names, slogans, positioning frameworks, and visual assets. MerginIT does not perform trademark searches, company register clearances, or legal availability assessments. You are solely and exclusively responsible for independently verifying that any brand name, logo, slogan, or asset generated or refined with Brand Peel is legally available, distinctive, and does not infringe upon any registered trademarks, corporate names, or other intellectual property rights of any third party in your target jurisdictions before registering or using it in commerce.

MerginIT Proprietary Rights: The Brand Peel desktop software, source and compiled code, logos, trademarks, documentation, website assets, UI/UX designs, and backend proxy infrastructure remain the exclusive intellectual property of MerginIT e.U. and its licensors.

3. Subscriptions, merchant of record (Polar) & billing

Merchant of Record: All commercial transactions, paid subscriptions (such as Brand Peel Pro), invoicing, and payment processing are conducted and fulfilled by our authorized Merchant of Record, Polar (Polar Software Inc.). When purchasing a paid tier, your purchase contract and payment terms are executed directly with Polar and are subject to Polar's Buyer Terms of Service. Polar is responsible for tax calculation, collection, and remittance (including VAT/sales tax).

  • Starter Trial: Eligible devices or accounts may receive one-time starter credits to evaluate cloud AI capabilities without requiring immediate payment. Starter credits have no monetary cash value, are non-transferable, and cannot be redeemed for refunds.
  • Recurring Subscriptions: Paid subscriptions renew automatically on a recurring monthly basis (or annual basis where explicitly offered and selected at checkout) unless cancelled prior to the renewal date via your Polar account management dashboard.
  • Cancellation & Quotas: You may cancel your subscription at any time. Cancellation takes effect at the end of the current pre-paid billing cycle. Unused monthly AI quotas do not roll over between billing cycles.

4. Statutory right of withdrawal (EU consumers)

If you are a consumer residing in the European Union or European Economic Area, you have a statutory right of withdrawal of fourteen (14) days from the date of contract conclusion pursuant to the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz - FAGG).

Waiver for Immediate Digital Performance: For digital content and digital services delivered immediately upon purchase, you may be requested during Polar's checkout process to expressly consent to immediate performance before the end of the 14-day withdrawal period, acknowledging that your statutory right of withdrawal expires once digital delivery has commenced.

5. Acceptable use & enforcement

You agree to use Brand Peel only for lawful purposes. You shall not:

  • Generate, publish, or transmit content that is illegal, defamatory, harassing, or infringes on third-party intellectual property or privacy rights.
  • Reverse-engineer, decompile, or disassemble the Brand Peel software, except to the extent expressly permitted by mandatory statutory law (§ 40d Austrian Copyright Act / UrhG).
  • Attempt unauthorized access to, tamper with, or circumvent API proxy authentication, rate-limiting, or credit-accounting mechanisms.
  • Resell, sublicense, or rent direct access to Brand Peel's cloud AI proxy endpoints to third parties without prior written consent from MerginIT.

Suspension & Termination for Cause: MerginIT reserves the right to suspend or terminate cloud AI proxy access, revoke associated API credentials, or block client identifiers immediately for cause (aus wichtigem Grund) if you materially breach these Terms or engage in abusive or fraudulent conduct.

6. Service availability & cloud dependencies

Brand Peel's AI-assisted capabilities rely on cloud proxy connections to external foundation model providers. MerginIT strives to maintain high service availability, but cloud AI features are provided subject to operational availability. MerginIT is not liable for temporary service interruptions, network latency, or feature changes caused by upstream third-party AI provider outages or necessary maintenance. Your locally stored project files and offline desktop capabilities remain accessible regardless of cloud availability.

7. Warranty & limitation of liability (Austrian law)

Statutory Warranties: If you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) or Consumer Warranty Act (VGG), statutory warranty rights apply without restriction.

Scope of Liability:

  • For software features or trial quotas provided free of charge, MerginIT's liability is limited to intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) to the extent permitted by law.
  • MerginIT shall be liable without limitation for damages arising from injury to life, body, or health (Personenschäden), for intentional misconduct (Vorsatz), for gross negligence (grobe Fahrlässigkeit), and for claims under the Austrian Product Liability Act (Produkthaftungsgesetz).
  • For damages caused by slight negligence (leichte Fahrlässigkeit), MerginIT shall only be liable in the event of a breach of a material contractual obligation (an obligation whose fulfillment is essential to the proper performance of the contract and upon whose compliance you may regularly rely). In such cases, MerginIT's total liability shall be limited to typical, foreseeable damages at the time of contract conclusion, capped at the total amount paid by you for Brand Peel in the twelve (12) months preceding the event giving rise to liability (or fifty Euros (€50) if you have solely utilized free trial quotas).
  • To the maximum extent permitted by applicable law, liability for indirect damages, loss of anticipated profits, or commercial downtime is excluded for business customers (Unternehmer).

8. Amendments to these terms

MerginIT reserves the right to update or modify these Terms to reflect technical enhancements, updates to cloud services, or changes in legal and regulatory requirements. Material modifications will be announced with at least thirty (30) days' advance notice via the website, application notifications, or email. If you do not agree with the updated Terms, you may cancel your subscription or discontinue using the software prior to the effective date.

9. Governing law, dispute resolution & jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction for Businesses (B2B): If you are a business customer or merchant (Unternehmer within the meaning of the Austrian Commercial Code / UGB), the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the competent court in Linz, Austria.

Consumer Venue Protection: If you are a consumer residing in the European Union or European Economic Area, statutory jurisdictional rules pursuant to Regulation (EU) No 1215/2012 (Brussels I bis) and the mandatory consumer protection provisions of your country of habitual residence remain unaffected.

Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. MerginIT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Severability

Should any provision of these Terms be or become invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall remain fully intact. An invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose intended by the parties.

11. Contact & legal entity details

For legal inquiries or notices regarding these Terms, please contact:
MerginIT e.U.
Owner: Jonas Fröller
Nußböckstraße 92, 4060 Leonding, Austria
Commercial Register: Landesgericht Linz (FN 654298 d)
Email: [email protected] / [email protected]
Website: https://merginit.com