Privacy Policy

1.1

By accessing and using the graphic design platform made available through www.brandvibe.io (referred to as "Site") and the subscription or other services provided by Brandvibe Sdn Bhd (referred to as "we", "us" or "Brandvibe"), you agree to be bound by these Terms of Service (referred to as "Agreement"). This Agreement governs your access and use of the Site and the Services. By using this Site and accessing our Services, you acknowledge that you have read, understood, and accepted this Agreement.

1.2

We control and operate this Site from our offices in Malaysia. We do not represent or warrant that materials on this Site are appropriate or available for use in other locations. Accessing this Site from territories where its contents are illegal is prohibited. You are responsible for complying with all applicable laws if you choose to access this Site from locations outside Malaysia.

1.3

We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the updated Agreement in its entirety. All updates are effective immediately upon posting. We recommend that you check the "Terms of Service" link on the home page each time you visit this Site, to ensure that you are aware of any updates.
2.1

Our privacy policy, which is available at https://brandvibe.io/privacy-policy/ (referred to as "Privacy Policy"), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated into this Agreement by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least 18 years old to access this Site.
3.1

By subscribing to a plan and making timely payments, and as long as you comply with this Agreement, we will provide you with access to the Services. We will make reasonable efforts to ensure the availability of the Services, but we may modify, replace or discontinue the Services at any time without notice to you.

3.2

You may only use the Services in accordance with this Agreement. You must provide accurate and current information about yourself, keep it up-to-date, and ensure the security of your account. You are responsible for all activities that occur on your account, and each person who uses the Services must have a separate username and password.

3.3

You must provide and maintain all necessary equipment and services, including telecommunications, broadband and computer equipment, to access and use the Services, and you are responsible for paying all related charges.

3.4

We may terminate your account if we determine that you have violated this Agreement, are not in alignment with our model, are sharing usernames or passwords, violate our core values, or are abusing our services or team in any way, including using our services for illegal purposes.

3.5

"Licensed Content" refers to content that we own or license, such as artwork, stock photographs, audio, typeface, video, designs, and writings. You retain ownership of your graphic design project, but the Licensed Content incorporated in it is subject to the license described in Section 5 below. You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to commercially exploit any feedback, suggestions, or recommendations that you provide to us.

3.6

As long as you comply with this Agreement and make timely payments, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not use the Services to monitor its availability, performance or functionality for competitive purposes. You may not reverse engineer, decompile, disassemble or attempt to discover source code, object code, or underlying structures, or modify, translate, or create derivative works based on the Services. You may only use the Services for your own internal purposes and in compliance with all applicable laws and regulations, including privacy and intellectual property laws.
4.1

We accept unlimited requests for our services, but we reserve the right to attend to one request at a time. Our turnaround time for subsequent requests is usually between 1 to 2 days after we receive them. While we will do our best to accommodate your timelines, we recommend that you avoid using our services for time-sensitive projects.

4.2

We strive to minimize errors, but due to the nature of creative design, we cannot guarantee that all files we deliver will be 100% error-free. You have the right to request revisions at any time, and we will try our best to fulfill your requests as long as your subscription with us is still active.

4.3

You own and control all of the information, data, or materials that you provide to us to use the services (referred to as "Customer Content"). By submitting Customer Content, you are representing that you own such content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the services.

4.4

In the course of providing the services, we may use certain pre-existing materials. We and our licensors are the sole and exclusive owners of all rights, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the services or deliverables. We reserve all other rights in and to such pre-existing materials.

4.5

Brandvibe does not condone the use of its service to discriminate against others based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are prohibited from using the service to promote, incite or support such discrimination or hostility or violence. If we believe that your use of the service is discriminatory, particularly based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may terminate or suspend your access to the service, without notice, and without liability for any reason.
5.1

Upon full payment and compliance with this Agreement, you will receive a non-exclusive, non-transferable, revocable, worldwide, royalty-free license to use Licensed Content provided by our Premium Stock Service, solely for your personal or professional use in your own design project. You may not stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content, unless expressly permitted by us.

5.2

You must comply with all relevant third-party licenses for any Licensed Content that we license from them. You are not allowed to sell, resell, rent, lease, sublicense, assign, grant a security interest in, or transfer any part of your license to use Licensed Content, except as part of a design deliverable prepared by us or as part of a design product for your personal use. You may not modify, make derivative works of, falsely represent ownership, use unlawfully, or allow others to download, extract or redistribute the Licensed Content as a standalone file or work. You may not use any Licensed Content that features models or property in connection with a subject that could be considered unflattering or unduly controversial to a reasonable person, without indicating that it is being used for illustrative purposes only and that any person depicted is a model.

5.3

Our licensors and we retain ownership of all Licensed Content, including any that are downloaded through our Stock Services or incorporated into your design deliverables. Failure to comply with the provisions of this Agreement may result in termination, revocation, or withdrawal of all licenses, including any Licensed Content that we included in your design deliverable.

5.4

Brandripe prohibits discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin in the use of its Stock Services. You are not permitted to use the Stock Services in a manner that incites, promotes, or supports such discrimination, or that incites or promotes hostility or violence. If we determine in our sole discretion that you have used the Service in a discriminatory manner, we may suspend or terminate your access to the Service, without notice or liability.
6.1

To use our Services, you must pay recurring fees, including applicable taxes, as specified during registration and updated by you from time to time. Payment in full is required before we provide any Services. By registering for the Services, you authorize us to charge your chosen payment method on a monthly basis. Overdue charges will accrue interest at 1.5% of the outstanding unpaid balance per month or the maximum rate allowed by law, whichever is lower. Failure to pay may result in account termination. All fees are non-cancellable and non-refundable, except as provided in Section 6.

6.2

We may change our fees with five days' advance notice, and by continuing to use the Services, you accept the changes. Temporary promotions or fee reductions may not be notified.

6.3

You may cancel your subscription at any time, and your sole remedy is to do so. Upon cancellation, you will have access to the Services and design files until the end of your current paid billing term. After that, you may lose access to the Services and your design files.

6.4

If you cancel your subscription within 14 days of signing up, you may request a refund. Otherwise, refunds are not issued, and we may refuse a request for reasons such as fraud or refund abuse. Promotions, upgrades, and plan adjustments are non-refundable.
7.1

For this Agreement, "Confidential Information" refers to non-public or proprietary information, including information about business, products and services, research, images, development, design details and specifications, and marketing plans.

7.2

During our relationship, if you disclose Confidential Information to us, we agree not to disclose it to any third party without your written approval or direction, and we will only use it for providing the Services. Access to your Confidential Information will be limited to employees, officers, directors, contractors, representatives, and agents involved in providing Services. We are responsible for any breach by our employees, officers, directors, contractors, representatives, and agents.

7.3

During our relationship, if we disclose Confidential Information to you, you agree not to disclose it to any third party without our written approval or direction, and you will only use it as permitted by this Agreement. Access to our Confidential Information will be limited to employees, officers, directors, contractors, representatives, and agents who need to know it. You are responsible for any breach by your employees, officers, directors, contractors, representatives, and agents.

7.4

Not considered Confidential Information are: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breaching this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party from a third party source not involving a breach of this Agreement.

7.5

The confidentiality obligations in this Agreement remain in effect for five (5) years after the termination of this Agreement.
8.1

We reserve the right to use, publish, and display any deliverables created in connection with the Services for marketing and advertising purposes, under the Portfolio Rights License. You may revoke this license at any time by sending written notice to help@brandvibe.io. Upon revocation, we will cease using your deliverables for marketing and advertising purposes, but they may continue to exist elsewhere online if they have been used by others in accordance with the Portfolio Rights License.
9.1

This Agreement will automatically expire and terminate upon the expiration or termination of your account or subscription to a Service. However, any provisions that by their nature should survive termination, including accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability, will continue in force.

9.2

We reserve the right to terminate this Agreement upon notice to you if you default or breach this Agreement. If your account or subscription to a Service is terminated, all rights under this Agreement relating to that Service will immediately terminate, and you will lose access to the applicable Service, including your account and any customer content or other files. If we terminate the Agreement due to your breach, any licenses to licensed content will also terminate.
The Service is provided on an "as is" and "as available" basis, and your use of the Service is at your own risk. To the maximum extent permitted by applicable law, we make no warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the content, including user content and stock media, is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You are solely responsible for any damage to your computer system or mobile device, or loss of data resulting from any content downloaded or obtained through the use of the Service. We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
11.1

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.1

By using the Service, you agree to defend, indemnify, and hold Brandvibe, its subsidiaries, agents, licensors, managers, and other affiliated companies, as well as their employees, contractors, agents, officers, and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including attorney's fees, arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your breach of any term of this Agreement, including any of the representations and warranties; (iii) your violation of any third-party right, including any right of privacy, publicity, or intellectual property; (iv) your violation of any applicable law, rule, or regulation; (v) any content submitted via your account; or (vi) any other party's use of the Service with your unique username, password, or other appropriate security code.

12.2

You are responsible for any costs or damages incurred by Brandvibe as a result of your use of the Service, your account, your content, or any violation of these terms, laws, or the rights of others.
13.1

If this Site is available through any third-party platform or if we provide links from this Site to any third-party platform, we are not responsible for the content or practices of those third parties.
14.1

These Terms of Service and any separate agreements through which we provide you services will be governed by and construed in accordance with the laws of Malaysia.
15.1

Any dispute, controversy, or claim arising from or related to this contract or its breach, termination, or invalidity will be resolved through arbitration in Malaysia in accordance with the Rules for Asian International Arbitration Centre (AIAC). The arbitration tribunal will consist of a single arbitrator appointed by the Chairman of the AIAC, and any award by the tribunal will be binding upon the parties.

15.2

We reserve the right to initiate legal action to protect our confidential information and intellectual property rights. Such remedies may include, but are not limited to, damages, injunctive relief, or other equitable relief.

15.3

This section does not prevent either party from seeking injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of their data security, intellectual property rights, or other proprietary rights. All claims must be brought on an individual basis, and not as part of a class or representative action, unless we agree otherwise. The arbitrator may not consolidate more than one person's claims, unless we agree otherwise.

THE PARTIES AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE; OTHERWISE, THE CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
16.1

This Agreement and its associated rights and obligations are personal to you and cannot be assigned or transferred without our prior written consent. We reserve the right to assign this Agreement, including in connection with a merger, acquisition, bankruptcy, reorganization, or sale of assets or stock.
17.1

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in effect and unimpaired. The invalid, illegal, or unenforceable provision(s) will be replaced by a valid, legal, and enforceable provision or provisions that reflect the intent of the parties.
18.1

If we cannot perform our obligations under this Agreement due to circumstances beyond our reasonable control, such as a pandemic, government shutdown, natural disaster, war, or cyber-attack, we will not be liable for such failure to perform. We will resume performance promptly once the circumstances constituting the force majeure event have been resolved.
19.1

If you have signed a separate agreement with us related to your access and use of this Site or our Services, that agreement takes precedence over this Agreement in the event of any conflict. In all other cases, this Agreement represents the entire agreement between the parties regarding its subject matter and supersedes all prior communications and proposals.

Terms of Service

Purpose:

The purpose of this privacy policy is to inform individuals about how Brandvibe Sdn Bhd and its related companies collect, store, and handle personal information. It also explains how individuals can access and update their personal information.

Scope:

This privacy policy applies to all personal information collected by Brandvibe through the following means:

Brandvibe portal when individuals transact with the company

Brandvibe mobile sites and applications

Any of Brandvibe events or campaigns

However, it does not apply to information that is outside of Brandvibe's possession, control, or power.
The type of personal data and other data collected by Brandvibe depends on how individuals interact with the site and services. Personal data is information that can identify or contact an individual, such as name, email address, address, phone numbers, usage data, and unique device identifiers. Brandvibe may collect and process personal data to provide requested information, products, or services to individuals or because it is legally required to do so.

Account Registration: If registration is required on this Site, we will request Personal Data, such as your name, email address, address, phone number, company affiliation (if any), and other similar information. This information will be stored on the Site and accessible to anyone with whom you share your username and password. For security reasons, please protect your username and password and do not disclose them to anyone else.

Voluntary Disclosure: Personal Data may be collected voluntarily through emails, online forms, order and registration forms, surveys, participation in promotions, phone calls, online chats with customer service, and other means.

Payment Services: Third-party Payment Services may be used to collect payments made through this Site. If you choose to make a payment through this Site, you may be directed to a Payment Service's webpage, which is hosted by the Payment Service and not by us. Any Personal Data provided through a Payment Service page will be collected by the Payment Service and subject to its privacy policy, not this Policy. We have no control over the Payment Service's use of the collected information.

Log Data: We may collect log data, such as network and connection information (including ISP and IP addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.

Usage Information: Usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information), content interactions (including searches, views, downloads, and prints), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction, and similar data) may be collected.

Other Means: Information may be collected through various other means, including selected third-party business partners who work with us in relation to our Services and that we may utilize to deliver certain content, products, or Services or to enhance your experience. From time to time, we may also acquire from third parties certain lists containing the names and contact information of individuals who may be interested in our Services.

We request that you do not send or disclose any sensitive Personal Data (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through this Site or otherwise to us.
The purpose of collecting your personal information may include, but is not limited to, the following:

Registering users: We require your email and password to register you and identify you each time you access the website or use our services. Legal basis: Consent; Legitimate Interests.

Providing services: We need to provide services accessible via the website. Legal basis: Consent; Legitimate Interests.

Providing offers which may be interesting to you: Legal basis: Consent; Legitimate Interests.

Registering you in our affiliate program: Legal basis: Consent; Legitimate Interests.

Collecting your purchase history to identify your interests and offer similar or related services: Legal basis: Legitimate Interests.

Processing payments to sell services and repeat billing each month: We need your contact details to bill you. Legal basis: Legitimate Interests.

Informing you about our services or news (for example, you may receive our newsletters): Legal basis: Consent; Legitimate Interests.

Keeping the website running (managing your requests, login and authentication, remembering your settings, processing payments, hosting and back-end infrastructure): Legal basis: Legitimate Interests.

Preventing fraud, illegal activity, or any violation of the terms or privacy policy: We may disable access to the website in some cases. Legal basis: Legitimate Interests.

Improving the website (testing features, interacting with feedback platforms, managing landing pages, heat mapping the website, traffic optimization, and data analysis and research, including profiling and the use of machine learning and other techniques over your data, and in some cases using third parties to do this): Legal basis: Contract; Legitimate Interests.

Customer support (notifying you of any changes to the website, services, solving issues, any bug fixing): Legal basis: Contract; Legitimate Interests.
Whenever required by law, we will disclose your information to government bodies, authorities, or third parties pursuant to a subpoena or other legal process accordingly. Further, we may also use or disclose your information as permitted by law to protect the rights or property of Brandvibe, our customers, our website, or its users. We may also disclose your information, whether in part or in full, to our contracted or authorized companies, such as our data processors. We may also disclose your information, whether in part or in full, for marketing and advertising purposes of Brandvibe's services.

If you choose to register and transact with Brandvibe, your personal information may be shared where necessary and only on a need-to-know basis with companies within the Brandvibe Group of Companies to serve you in the most efficient and effective manner.

Brandvibe may disclose your personal information to the following parties for the purposes stated above:

Companies and/or organizations that act as our agents, contractors, service providers, and/or professional advisers

Companies and/or organizations that assist us in processing and/or fulfilling transactions and providing you with products and/or services that you have subscribed or requested

Law enforcement agencies

Government agencies

In certain instances, we reserve the right to disclose your personal information to our preferred merchants and strategic partners. We take reasonable steps to ensure that agreements with our merchants and/or strategic partners include appropriate privacy and confidentiality obligations.

If you do not wish your personal information to be shared with these third parties, please email us at help@brandvibe.io or via the contact details provided below. Your latest written instructions to us will prevail.

Your personal information will not be disclosed to any unauthorized third party.

Transfer of your Personal Information outside of Malaysia (where applicable)

For your information, in certain circumstances, your personal information may be stored on a server located outside Malaysia
At Brandvibe, we take information security seriously and are committed to protecting the privacy and confidentiality of your personal information. We have implemented various measures, including limiting access to authorized employees and maintaining physical, electronic, and procedural safeguards to protect against loss, misuse, damage, or unauthorized access.

Our security measures also include:

A dedicated group of Information Technology specialists overseeing our information security program

The use of specialized technology such as firewalls

Testing of products and services before introduction to the Internet and ongoing scanning for vulnerabilities

Internal and external reviews of our sites and services

Monitoring of our systems infrastructure for weaknesses and potential intrusions

Implementing controls to identify, authenticate and authorize access to various systems or sites

Protecting non-public communications through encryption or other means

We may update this Privacy Policy to reflect changes in the law, our business practices, and changing privacy expectations. The latest version will always be available on our website.

By visiting our site, you consent to the collection and use of personal data according to this policy. You can opt out of communications and/or services from Brandvibe by emailing us at help@brandvibe.io. If you receive an unexpected contact, you can unsubscribe using the process provided.

You can review or update any personal information we have collected about you by logging into your profile on our website or application. If you have questions or complaints about this policy, or want to update your information, please contact us at help@brandvibe.io.

We collect certain types of information when you access or use the Website, including cookies and similar tracking technologies. You can turn off cookies in your browser settings, but certain services may not work properly. A list of cookies we use is available in your browser or on our website.
Essential Cookies:

These cookies are necessary to provide you with the services available on the website and to enable you to use some of its features. They are used only to provide you with the requested services and cannot be turned off.

Functionality Cookies:

These cookies remember the choices you make when using the website to provide you with a more personalized experience. They save your preferences so that you don't have to enter them every time you visit the website.

Analytics and Performance Cookies:

These cookies collect information about website traffic and user behavior. They do not identify individual visitors but gather data such as the number of visitors to the website, referral websites, visited pages, time of day of the visit, and previous website visits.

Targeted and Advertising Cookies:

These cookies track your browsing habits to show you advertising that is likely to interest you. They group you with other users with similar interests and allow third-party advertisers to show you relevant ads while you are on third-party websites. If you choose to remove these cookies, you may still see ads, but they may not be relevant to your interests.

Social Media Cookies:

These cookies are used when you share information using social media buttons on the website or link your account or engage with content on social networking websites such as Facebook, Twitter, Instagram, Google, or YouTube. The social network records that you have interacted with the website.
We and our service providers use various internet tools such as pixel tags, action tags, web beacons, gif tags, JavaScript, or similar technologies in connection with website pages and email messages. These tools track user actions and email response rates, help deliver services, and determine the effectiveness of marketing campaigns. They also allow us to count website visitors and track email opens.

Disclaimer Clause

By accessing and using the "Brandvibe Website," the user agrees to do so at their own risk. Neither Brandvibe nor any of its Affiliates, employees, agents, or third-party content providers guarantee that the website will be uninterrupted or error-free, nor do they make any warranties regarding the results that may be obtained from the use of the site, the timeliness, accuracy, completeness, reliability, or sequence of the information or services provided.

All materials and information on the site, including services, data, text, graphics, audio, video, links, or other items, are provided on an "as is" and "as available" basis, without any express or implied warranties, representations, or endorsements. Brandvibe specifically disclaims liability for any errors or omissions in such materials, information, and/or functions.

Brandvibe shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, or unauthorized access to or alteration of, or use of record, whether for breach of contract, negligence, or any other cause of action. The user acknowledges that Brandvibe is not liable for any defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from such conduct rests entirely with the user.

Under no circumstances will Brandvibe or any person or entity involved in creating, producing, or distributing the Brandvibe Website or software be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use the Brandvibe Website. The provisions of this section apply to all content on or made available via the Brandvibe Website.

Any reference to a specific product, process, or service by trade name, trademark, or manufacturer, or otherwise by Brandvibe or its affiliates, does not constitute an endorsement, recommendation, or favoring by Brandvibe. The user should seek professional advice and obtain independent verification of the materials and information provided on the site before making any decision based on such materials or information.

If the user has any questions or feedback regarding the Privacy Policy & Terms Of Use for the Site, they may contact Brandvibe at help@brandvibe.io