Terms of Service

1. Description of the Service

Brushfactory is a software utility that converts digital brush files between drawing-application formats and generates brushes based on user input. The Service is provided as a hosted web application and is currently offered on a beta basis.

2. Eligibility

You must be at least 13 years of age and capable of forming a binding contract in your jurisdiction to use the Service. If you use the Service on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on its behalf, in which case "you" refers to that organization.

3. Accounts and usage limits

• Registration. You agree to provide accurate and complete information when creating an account and to keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
• Free tier. Free accounts are subject to a monthly conversion limit (currently five (5) conversions per month), which we may modify at our discretion.
• Prohibited circumvention. You may not circumvent or attempt to circumvent usage limits, including through automated means, scripts, or the creation of multiple accounts. Violation may result in suspension or termination.
• Paid tiers. Paid subscription plans, where offered, provide additional usage subject to the terms presented at checkout.

4. Acceptable use

You agree not to use the Service to: upload or process files that you do not have the legal right to use; infringe the intellectual property or other rights of any third party; upload malicious code or attempt to disrupt, compromise, or gain unauthorized access to the Service or its systems; resell, sublicense, or otherwise commercially exploit the Service without our prior written consent; or interfere with any other party's use of the Service. You agree to comply with all applicable laws in connection with your use of the Service.

5. Intellectual property

Your content

You retain all rights, title, and ownership in the brush files and images you upload ("User Content"). Use of the Service does not transfer any ownership of your User Content to us. You grant Brushfactory a limited, non-exclusive license to process your User Content solely to the extent necessary to provide the requested conversion, and for no other purpose.

Our property

The Brushfactory name, logo, user interface, conversion engine, software, and all related intellectual property are and remain the exclusive property of Brushfactory. You may not copy, modify, reverse-engineer, decompile, or distribute any part of the Service except as expressly permitted by law or with our prior written consent.

6. Subscriptions and billing

If you purchase a paid subscription, you authorize us and our payment processor to charge your designated payment method on a recurring basis until the subscription is cancelled. Applicable prices and features are those presented at checkout. You may cancel at any time; cancellation takes effect at the end of the current billing period and stops subsequent charges. Except where required by applicable law, all fees are non-refundable. We will provide reasonable advance notice of any change to recurring fees.

7. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Because drawing applications use distinct proprietary brush engines, we do not warrant that conversions will achieve exact fidelity or a one-to-one translation between formats, and previews are approximate. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. You are responsible for maintaining backups of your original files.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRUSHFACTORY OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF A BRUSH LIBRARY, OR LOSS OF PROFITS OR PROFESSIONAL WORK, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR FIFTY U.S. DOLLARS (USD $50).

9. Indemnification

You agree to indemnify, defend, and hold harmless Brushfactory and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your User Content, or your violation of these Terms or applicable law.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms or if we reasonably believe your conduct poses a risk to the Service, to other users, or to us. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

11. Governing law

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict-of-law provisions. You agree that the state and federal courts located in Minnesota shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue in those courts, except where prohibited by applicable law.

12. Changes to these Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email at the address associated with your account or by posting a prominent notice within the Service. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.

13. Contact information

If you have questions regarding these Terms, please contact us at hello@brushfactory.co.