Terms Of Service

Please be advised that the Business Name Generator provides the Business Names as mere examples without any warranties or guarantees.

If you choose to use any of the suggested Business Names, you do so at your own risk. We strongly advise you to seek legal advice and conduct adequate research to ensure that the use of any Business Name does not infringe or violate any laws or third-party rights. Please refer to our full terms for all disclaimers.

Overview

The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Business Name Generator service and any associated software or products (collectively referred to as the “Service”).

This document is a legally binding agreement between you as the user of the Service or the business employing the user of the Service (referred to as “you” or “your”) and TheBrandBoy, and its Affiliates (referred to as “we”, “our”, “us” or “BrandBoy”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with TheBrandBoy.

By using the Service, you agree to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here: 

Please note that we reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, our Acceptable Use Policy available at: https://www.shopify.com/legal/aup, and our Privacy Policy available at: https://thebrandboy.com/privacy-policy/ before you may use the Service.

General conditions

• You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  
• The Service is available via the Site.
  
• Technical support is available via email only at https://thebrandboy.com/contact/.
  
• You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools, and products, any modifications, enhancements, and updates thereto, and all intellectual property rights therein are exclusively owned by BrandBoy.
  
• You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here:  and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  
• You may not use the Service for any illegal, fraudulent, or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to trademark laws), or the laws of Canada and the Province of Ontario.
  
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Service, or access the Service without the express written permission of TheBrandBoy.
  
• You agree not to work around, bypass, or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service or decompile, disassemble, or otherwise reverse engineer the Service.
  
• You agree not to access the Service or monitor any material or information from the Service using any robot, spider, scraper, or other automated means.
  
• The Terms of Service shall be governed by and interpreted by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and TheBrandBoy irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario concerning any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

Your Materials

We do not claim ownership of the keywords and other materials (the “Materials”) you provide to BrandBoy to use the Service; however, to the extent, the Materials are covered by intellectual property rights, we do require a license to those Materials.

You grant BrandBoy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, transmit, modify, run, copy, store, reproduce, make available, display, translate, and create derivative works of any Materials provided by you in connection with the Service.

We may use our rights under this license to operate, provide, and promote the Service, perform our obligations, and exercise our rights under the Terms of Service. You represent warrant and agree that you have all necessary rights in the Materials to grant this license.

If you owned the Materials before providing them to BrandBoy, then, despite uploading them to BrandBoy, they remain yours, subject to the license granted to BrandBoy.

The license lasts for as long as intellectual property rights protect the Materials.

Privacy and User Data

You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Any personal information you provide to us in using the Service will be treated in accordance with our Privacy Policy (available here: https://thebrandboy.com/privacy-policy/).

Accuracy, Completeness, And Timeliness of Information

• The Business Name examples and business name ideas generated algorithmically by the Service based on keywords you enter are provided as examples only to help you choose a name for your business. As such, we are not responsible if any example name or other information available via the Service is not accurate, complete, up-to-date, or otherwise does not meet your personal requirements. Any use of or reliance on the Business Names or information made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.
• Occasionally there may be information available through the Service that contains typographical errors, inaccuracies, or omissions.
• We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website or application should be taken to indicate that all information in the Service has been modified or updated.

Accuracy of Information

• You agree to provide current, complete, and accurate information when using the Services.
• We may contact you using the e-mail address you provide in order to provide you with the Service and information about the Services.
• Certain personal information, including your email address, may be required to use certain features of the Services. You agree to maintain accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, or local laws, regulations, rules, or ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious or destructive code;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet; or

(k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet; or

(l) to violate BrandBoy Acceptable Use Policy (available: https://www.shopify.com/legal/aup). We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

1. Without limiting the generality of Section 2 and Section 3 below, the use of any Business Name provided by the Service is AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL BRANDBOY BE LIABLE IN ANY WAY FOR ANY BUSINESS NAME PROVIDED, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THAT BUSINESS NAME OR ANY PART THEREOF. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Business Name, including, without limitation, the existence of any third-party rights that may exist in such Name. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY BUSINESS NAME DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU.
   
2. You expressly agree that your use of, or inability to use, the Service and Business Names provided is at your sole risk, and BrandBoy and its Affiliates, officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Service. The Service is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service, including but not limited to the Business Names, will meet your expectations, or that any errors in the Service will be corrected. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
   
3. In no event shall Shopify, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service, the Business Names or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless BrandBoy, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

Waiver and Entire Agreement

1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).