Netrium Technologies LLC (d/b/a Brandcaster)
4539 North 22nd Street, STE N, Phoenix, AZ 85016, United States
Last updated: November 30, 2025
These Terms of Service ("Terms") govern your access to and use of the Brandcaster website, brandcaster.ai, and related services (the "Service") operated by Netrium Technologies LLC ("Netrium", "Brandcaster", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other entity, you represent that you are authorized to accept these Terms on its behalf.
You may use the Service only if you are at least 13 years old (or the minimum age required by law in your jurisdiction), have the legal capacity to enter into these Terms, and are not barred from using the Service under applicable law. If you are under 18, you must have parental or guardian consent to use the Service.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.
Certain features of the Service are provided on a paid subscription or usage basis. By subscribing, you authorize us and our payment processors to charge applicable fees and taxes to your selected payment method. Subscriptions typically renew automatically unless cancelled as described in the Service. Fees paid are non-refundable except where required by law.
"User Content" means any content you upload, submit, or provide to the Service, including logos, images, brand assets, product photos, text prompts, brand guidelines, fonts, and any other materials.
Your Representations: You represent and warrant that:
Your Responsibility: You are solely responsible for your User Content. You will defend, indemnify, and hold us harmless from any claims arising from your User Content or your breach of these representations.
You grant Netrium a worldwide, non-exclusive, royalty-free license to host, store, process, display, reproduce, and create derivative works from your User Content and any generated outputs solely to provide, maintain, secure, and improve the Service, prevent abuse, and comply with law. We do not sell your User Content.
The Service generates images and other content ("Outputs") using artificial intelligence based on your prompts and User Content. Subject to these Terms and applicable law, as between you and us, you own the Outputs you create.
Important Copyright Limitation: Under current U.S. law, purely AI-generated content without meaningful human creative input may not be eligible for copyright protection. Courts and the U.S. Copyright Office have held that copyrightable works must be authored by a human. While you own the Outputs, they may not receive copyright protection unless you add sufficient human creative contribution.
No Guarantees: We do not guarantee that Outputs are unique, original, non-infringing, or suitable for any particular use. AI models may produce similar outputs for different users with similar prompts. You acknowledge that others may generate similar or identical content.
Your Responsibility: You are solely responsible for how you use Outputs, including: (a) determining whether Outputs infringe third-party rights; (b) obtaining any necessary licenses or clearances for commercial use; (c) adding sufficient human creativity if copyright protection is desired; and (d) complying with all applicable laws regarding the use of AI-generated content, including any requirements to disclose that content was AI-generated.
You agree not to use the Service to:
We may suspend or terminate access for violations.
The Service relies on third-party infrastructure, payment processors, and AI image generation models to provide functionality. We do not control these third-party services and are not responsible for their acts, omissions, performance, or availability.
AI Model Providers: We use third-party AI models from industry-leading providers to generate visual content. These models have been trained on large datasets that may include publicly available images, licensed content, and other materials. We do not control the training data used by these third-party providers.
Your use of the Service may be subject to additional terms and conditions of these third-party providers. While we strive to use reputable providers, we make no warranties about the outputs generated by third-party AI models or their compliance with intellectual property laws.
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent.
DMCA Notice Requirements: Your notice must include: (a) physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material and information sufficient to locate it; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
Copyright Agent Contact:
Netrium Technologies LLC
4539 North 22nd Street, STE N
Phoenix, AZ 85016, United States
Email: support@netriumtechnologies.com
We may terminate accounts of repeat infringers. Please note that under 17 U.S.C. ยง 512(f), you may be liable for damages if you knowingly materially misrepresent that content is infringing.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy. We process personal data in accordance with applicable data protection laws, including GDPR and CCPA where applicable. For information about your rights and how we handle data, please review our Privacy Policy.
The Service and all Outputs are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service or Outputs will be uninterrupted, error-free, secure, or accurate.
To the maximum extent permitted by law, Netrium and its owners, officers, employees, and affiliates will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, arising out of or relating to your use of or inability to use the Service or Outputs, even if advised of the possibility of such damages.
Our total aggregate liability for all claims will not exceed the greater of: (a) the amounts you paid to us for the Service in the three months before the event giving rise to the claim, or (b) USD $100.
You agree to indemnify, defend, and hold harmless Netrium and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service or Outputs, or your violation of these Terms or applicable law.
You may stop using the Service at any time. We may suspend or terminate your access at any time if we believe you have violated these Terms, misused the Service, or for any other lawful reason. Upon termination, your right to use the Service ends, but provisions relating to User Content, Outputs, disclaimers, limitations of liability, and indemnification survive.
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Any disputes will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction.
We may update these Terms from time to time. The updated version will be posted on the Service with a revised "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
For questions about these Terms, contact:
Netrium Technologies LLC
4539 North 22nd Street, STE N, Phoenix, AZ 85016, United States
Email: support@netriumtechnologies.com