Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your access to and use of NewBrand’s website and services (the “Service”). By applying for access, creating an account, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Who Can Use NewBrand

The Service is application-based and selective. To use it you must be at least [18] years old, be able to form a binding contract, and — if you apply on behalf of a business — have authority to bind that business. We may accept or decline any application at our discretion.

3. Applications & Approval

We review every application personally. Approval is at our sole discretion and is not guaranteed. Acceptance into the Service is not a guarantee of any particular results, revenue, or audience growth.

4. What NewBrand Provides

Subject to your plan, NewBrand provides a managed branded storefront, access to a vetted product catalog, in-app branding and design tools, video-commerce features, and fulfillment and logistics, as described on our website. Features and availability may change as the product evolves.

5. Your Account

You agree to provide accurate information, keep your login credentials secure, and remain responsible for activity under your account. Tell us promptly if you suspect unauthorized use.

6. Your Brand & Content

You keep ownership of your brand, your content, and your customer relationships. You grant us the limited license needed to host, display, and operate your store and to provide the Service.

You are responsible for your content and brand claims, and you represent that you have the rights to everything you upload and that it does not infringe others’ rights or break the law.

7. Products, Orders & Fulfillment

Products are made in the USA by manufacturers we vet. Orders placed through your store are fulfilled through the platform. Product descriptions, formulations, pricing, and availability may change. You are responsible for ensuring your marketing and product claims comply with applicable law (including FDA and FTC rules for beauty and cosmetics).

8. Fees & Payments

Pricing is described on our website, including no monthly platform fee for an active brand; product inventory cost is shared (as detailed in the partnership terms) and a revenue share on sales. The specific fees, revenue-share percentages, payout methods, and payout timing that apply to you are set out in your plan and order. Taxes are your responsibility unless stated otherwise.

9. The Partner Program

Partnership benefits beyond standard revenue share — including any partner tiers, earned credit, or shared-upside mechanisms — are governed by a separate Partner Agreement. The cost of product inventory is shared between you and NewBrand, with the full terms set out in that private Partner Agreement. Those terms are being finalized with legal and accounting counsel and will be published before they apply to you.

10. Acceptable Use

You agree not to:

• •Break the law or infringe anyone’s intellectual-property or privacy rights.
• •Upload false, misleading, harmful, or unsafe product claims or content.
• •Interfere with, probe, or disrupt the Service or its security.
• •Misuse the platform to spam, defraud, or harm customers or other creators.

11. Intellectual Property

The Service, including our software, design system, and trademarks, belongs to NewBrand and our licensors. These Terms do not grant you rights to our IP except the limited right to use the Service. If you send us feedback, we may use it without obligation to you.

12. Third-Party Services

The Service connects with third parties — social platforms, payment processors, analytics, and shipping carriers. We are not responsible for third-party services, and your use of them is subject to their terms.

13. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that it will produce any particular business outcome.

14. Limitation of Liability

To the fullest extent permitted by law, NewBrand will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. [Insert liability cap and any carve-outs as advised by counsel.]

15. Indemnification

You agree to indemnify and hold NewBrand harmless from claims arising out of your content, your products and brand claims, your use of the Service, or your breach of these Terms, to the extent permitted by law.

16. Termination

You may stop using the Service at any time. We may suspend or end access if you breach these Terms or to protect the Service or its users. Provisions that by their nature should survive termination will survive.

17. Governing Law & Disputes

These Terms are governed by the laws of [State/Country — TBD with counsel], without regard to conflict-of-law rules. [Specify venue, and any arbitration or class-action-waiver provisions, with counsel.]

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated version here and, where appropriate, notify you. Continued use after changes means you accept them.

19. Contact

Questions about these Terms? Contact us at [noc@vimmi.net].