Terms of service

1. Scope

These Terms govern every contract between the operator of NamingStudio.ai ("we", "us") and the customer purchasing our services ("you"). They are published in English only, and the English wording is the binding one in every market we serve.

The platform is offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code, including founders acting in preparation of a business they are setting up. We do not conclude contracts with consumers. By placing an order you confirm that you are acting in a business capacity and provide the business details required for invoicing, and we may rely on that confirmation.

Your own terms do not become part of the contract, even where we perform without objecting to them.

2. What we sell

We owe the diligent execution of the service described on the platform. We do not owe a specific result, a particular name, a particular number of usable names, or an output of any defined commercial, aesthetic or legal quality. This is a contract for services and expressly not a contract for work. There is no acceptance procedure.

The service is rendered by automated systems. No human review takes place before delivery and none is owed. Where the platform names specialist roles, those roles are performed by AI agents.

We are under no obligation to check the results for factual, arithmetical or legal correctness, for completeness, or for regularity. That applies in particular to research summaries, statements about competitors and markets, and statements about the availability or legal position of a name or a domain.

What each module includes is described on the platform at the time of purchase. That description forms part of the contract. Anything not described there is not owed.

3. Price and payment

Each run and each feedback round is sold at a fixed price stated before purchase. The price does not vary with the number of candidates generated or the work the platform puts in.

There are no credits, no seats and no monthly or annual fee. You pay for a result and for feedback rounds. Nothing is topped up, nothing expires unused, and nothing is charged between projects. What you get for your money is visible before you buy it.

Payment is handled by our payment service provider, using the methods shown on the platform. Services are payable in advance and become available once payment is confirmed to us.

4. Your briefing

The quality of the results depends directly on the quality of the briefing. You are obliged to provide, completely and accurately, everything we need to perform: the category and markets you are entering, the languages the name must work in, your audience, and any constraints or exclusions you want applied. You warrant that material you submit is yours to submit.

A run executed against an inaccurate or incomplete briefing has been performed, and the fee remains payable.

5. Rights in the results

On full payment we grant you all rights of use in the results, without restriction as to content, time, territory or purpose. The grant is exclusive, transferable, sublicensable and irrevocable, and covers all known and future types of use, to the fullest extent such rights exist and can be granted. You may use, modify, register and commercially exploit the results without further payment and without naming us.

Two limits follow from the subject matter rather than from our willingness. A name as such is generally not protected by copyright, so where no protectable right arises there is none for us to grant. And this grant is not a statement that using the results infringes nobody else's rights, which is the subject of section 6.

You keep all rights in the material you submit and grant us the right to use it to perform the contract, including through the subcontractors in section 8.

6. Legal clearance is your responsibility

We give no warranty that a name candidate, a domain suggestion or a design proposal is free of trademark rights, design rights, copyright, company name rights, rights in personal names or any other third-party rights, or that using it is permissible under competition law in any market.

Before adopting, filing, publishing or commercially using any result, you are independently obliged to obtain your own legal examination of it, covering at least registered and pending trademarks in the relevant classes and territories, unregistered rights, company and trade names, and competition law. That assessment requires a qualified professional, cannot be performed automatically by machine, and is not part of our service at any price.

Any linguistic screening, cultural screening or brand-clash observation the platform performs is a creative filter for discarding hopeless candidates early. It is deliberately shallow, produces no legal opinion, carries no professional liability, and does not replace clearance. The same applies to competitor mapping: it is an automated observation made for creative purposes and does not replace your own examination of the market and of the trademarks your competitors hold. Domain availability reflects the moment of the query only and is not reserved for you.

You indemnify us on first demand against third-party claims arising from your use of the results, including reasonable costs of legal defence, unless the claim is attributable to a breach of duty on our part under section 9.

7. Feedback, and no refunds

Because we owe a service and not a work, there is no acceptance and no claim to the removal of defects, subsequent performance, price reduction or rescission.

What the platform offers instead is feedback. Tell it what you like, what is excluded and what missed your taste, and a further AI pass produces new results taking that into account. A feedback round is an obligation to perform another pass. It is not an obligation to produce a result you like, and there is no entitlement to your approval or to the matching of individual taste, yours or that of someone whose sign-off you need.

The fee for a run or a feedback round that has been performed is not refundable, and no statutory right of withdrawal exists, because we contract only with entrepreneurs. This applies in particular where:

• you are dissatisfied with the results or do not like them;
• your own legal examination concludes that a name cannot be used;
• a third party objects to a name or asserts rights against it;
• an intended domain turns out to be unavailable or too expensive;
• stakeholders, investors, a board or a client reject the results;
• your brief, strategy or business changed after the run;
• the briefing you supplied was incomplete or inaccurate, including where you did not name a market or language in which the name later turns out to be problematic;
• you decide not to use the results, or use a name developed elsewhere;
• market conditions or the availability of a name changed after delivery.

A purchased run you do not execute stays available in your account. Not using it is not a ground for a refund.

8. Subcontractors, references, acceptable use

We may use subcontractors to perform the contract, including providers of AI models, hosting, storage and payment. This happens automatically in the background and is the technical means by which the service exists at all. We remain your only contractual counterparty and answer for their conduct as for our own. Where personal data is processed, our Privacy Policy sets out the details.

From the market entry of a name we developed for you, you permit us to name it and to show the logo direction, where one exists, as a reference on our website and in our own marketing. This covers only material we created and only after you have launched publicly. You can withdraw the permission at any time, in text form and without giving reasons, and we will remove the reference within a reasonable period.

You may not use the platform to develop names or designs meant to imitate a third party's brand, to create confusion with it, or for anything unlawful. We may refuse or stop performance in such a case, and the fee remains payable.

9. Liability

We are liable without limitation for injury to life, body or health, for intent and gross negligence, under the Product Liability Act, and where we have given a guarantee.

For simple negligence we are liable only for breach of a material contractual obligation, meaning one whose fulfilment makes proper performance possible in the first place and on whose observance you may rely. That liability is limited to the foreseeable damage typical of this contract and, in amount, to the fee paid for the run concerned.

Any further liability for simple negligence is excluded, in particular for damage arising from the use of a name or design that infringes third-party rights, for lost profit or reputational damage, for the consequences of an inaccurate briefing, and for the correctness of research or domain information in the results. These limits apply equally to our representatives, employees and agents, and never to liability that cannot be limited by law.

10. Account, changes and applicable law

Each order is a separate contract. No continuing obligation and no subscription arises, so there is nothing to terminate and no notice to give. You can delete your account at any time in the platform settings. Deletion does not refund fees for runs already performed.

We may amend these Terms with effect for the future. The version in force when an order is placed governs that order, and amendments never apply retroactively.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where you are a merchant, the exclusive place of jurisdiction is our registered seat; otherwise the statutory rules apply. Should any provision be invalid, the rest stands. You may set off only with claims that are undisputed or finally determined by a court. Notices under these Terms go through the contact channel on the platform.