These terms govern your use of The Brand Game. Please read them before you buy. By creating an account and paying, you agree to them.
They are between you and:
"We", "us" and "our" mean this company. "You" means the person who holds the account.
The Brand Game is an online brand self-assessment for small-business owners. You answer about 38 questions — text answers, multiple choice, colour picks, font picks, picture picks, and optional uploads such as your logo and reference images. From those answers a language model produces a brand book: a written brand-strategy document that follows Diāna Ņikitina's methodology.
The brand book is delivered inside your account as a web page and, on the one-off plan, as a PDF file you download. A current web browser is all you need; nothing is installed.
The service runs at diananikitinabranding.com. These terms apply at that address and at any other address we publish the service on.
You must be at least 18 years old. The service is meant for business use — for your own business or one you work on. It is not for children and not for personal, household purposes unrelated to a business.
Some rights in these terms apply only to consumers. Where you buy outside your trade, business, craft or profession and the law of your country treats you as a consumer, those rights apply to you; sections 8 and 18 say what they are.
You create an account with an email address and a password, or with "Continue with Google".
Access is paid up front, before you start the questionnaire. There are two plans, and one separate service. What you actually bought is stated at checkout, and that is what you get.
Diāna Ņikitina reads your brand book and writes a personal review of it. This is a separate purchase, on top of either plan. We will tell you at checkout what the review covers and roughly how long it takes. It is a professional opinion, not a promise of a business outcome.
Consumers in the EU/EEA normally have 14 days to withdraw from a distance contract without giving a reason.
This service is digital content that is supplied immediately. Under Article 16(m) of Directive 2011/83/EU, you lose the right of withdrawal once supply has begun, if you expressly asked us to begin at once and acknowledged that you would lose the right. We ask for both at checkout, with a tick box.
"I want you to start supplying the service immediately, and I understand that I lose my 14-day right of withdrawal once the service has been supplied in full."
If you do not tick that box, your 14-day right stands, and the service begins after the 14 days have passed.
The 14 days run from the day the contract is made. To withdraw within that period, before supply, tell us clearly at hello@diananikitinabranding.com — a plain email is enough, or you may use the EU model withdrawal form. We will refund you within 14 days, using the same means of payment you used.
Apart from section 8, we refund where the law requires it, and where the service fails — for example if we cannot produce your brand book at all, or if you were charged twice. Write to hello@diananikitinabranding.com, tell us what happened, and we will look at it. A brand book you dislike is not by itself a failure of the service; tell us anyway, because we would rather hear it.
The Privacy Policy explains what we collect and what happens to it. One point belongs here too: to produce the brand book, your free-text answers and picks are sent to a language-model provider in the United States. Your account name and email address are not sent. We ask for your consent to this at signup, and if you withdraw that consent we can no longer produce a brand book for you.
The methodology, the question set, the wording of the questions, the picture, colour and font libraries we assembled, the software, the design and the brand names "The Brand Game" and "Diāna Ņikitina Branding" belong to us or to our licensors. You may use them only as part of using the service. You may not copy the question set or the methodology, or build a competing product from them.
Your answers and your uploads are yours. The brand book produced for you is yours: you may use it, adapt it, publish it and use it commercially, without paying us anything further. We claim no ownership of your brand.
You must have the right to upload what you upload. Do not upload images, logos or text belonging to someone else without their permission.
You grant us a licence to host, store, copy, display and process your answers, your uploads and your brand book, as far as we need to in order to deliver the service to you — including sending the free-text answers and picks to the language-model provider, as section 11 describes. This licence lasts as long as we hold your data, and it exists only so that the service can work.
You also grant us a licence to use your answers and brand books in anonymised form to improve the service — for example to see which questions confuse people and to make the methodology and the output better. Anonymised means your name, your business name, your account details and anything else that could identify you or your business are removed first. We will not publish your content, and we will not hand it to a third party to train their models on. If you would rather we did not do even this, write to hello@diananikitinabranding.com and we will exclude your account.
Do not:
If you break these rules we may suspend or close your account. Where the breach is serious we may do so without notice.
We work to keep the service running, but we do not guarantee any level of uptime. The service may be unavailable for maintenance, for changes, or because of a failure at a provider we depend on. We may change, add or remove features. If we remove something significant that you are paying for, we will tell you by email, and you may cancel.
Neither of us is liable for a failure to perform caused by events outside our reasonable control — a power or network outage, a provider failure, a natural event, a strike, an act of a public authority. The obligations resume when the event ends.
We may retire the service altogether. If we do, we will give subscribers at least 30 days' notice, refund any period paid for and not delivered, and give you time to export your brand book.
Nothing in these terms limits liability that cannot be limited by law. That includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and any liability that mandatory consumer protection law in your country of residence does not allow to be excluded.
Subject to that:
The service is provided as it is. Beyond what these terms and the law require of us, we make no other warranties.
We may change these terms — for example when we add a feature, change a provider, or have to meet a new legal requirement. We will publish the new version with a new effective date and, if the change affects you, email you at least 30 days before it takes effect. If you do not accept the change, cancel before that date; for a subscription, cancelling means the change never applies to you. Carrying on with the service after the date means you accept the new terms. The terms that applied when you made a one-off purchase continue to govern that purchase.
These terms are governed by the law of the Republic of Latvia. Disputes go to the courts of Rīga, Latvia.
This does not take away the protection of the mandatory consumer law of the country where you live. If you are a consumer, you may also bring a claim in the courts of your own country of residence where the law gives you that right.
If you are a consumer in the EU, you may use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr. Consumers in Latvia may also turn to the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs, PTAC, ptac.gov.lv). We are not obliged to take part in proceedings before a consumer arbitration body, but we will always try to settle a complaint with you directly first. Write to hello@diananikitinabranding.com.
If a clause of these terms turns out to be unenforceable, the rest stays in force.
Write to hello@diananikitinabranding.com, or to Darling I'm home, SIA, Iecavas iela 1 – 32, Rīga, LV-1083, Latvia.