Terms Of Service
Last Updated: February 2025
This Terms of Service (the “Terms”) is a legal agreement between you (the “Customer,” “you,” or “your”) and BrandFlow (“BrandFlow,” “we,” “us,” or “our”). By accessing or using any of the services provided by BrandFlow (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Services. These Terms also incorporate by reference our [Privacy Policy] and any other applicable policies, guidelines, or terms posted on our website.
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1. ACCESS AND USE OF SERVICES
1.1 Right to Use Services
BrandFlow offers a suite of marketing automation, social media management, Google review automation, and SEO services. Subject to your compliance with these Terms, BrandFlow grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services solely for your internal business
agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services or make them available to any unauthorized third party without our prior written consent.
1.2 Acceptable Use
Compliance with Laws: You agree to use the Services in compliance with all applicable local, state, national, and international laws, regulations, and
ordinances.Prohibited Activities: You must not use the Services to:Engage in any unlawful, fraudulent, or malicious activities.Transmit or distribute any viruses, worms, Trojan horses, or other material that is harmful or disruptive to the Services or to any third party’s systems.Send unsolicited or unauthorized advertising, spam, or promotional materials.Reverse engineer, decompile, disassemble, or otherwise attempt to discover or replicate any software or intellectual property used in the provision of the Services.Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
1.3 Changes to Services
Modifications and Updates: BrandFlow may, at its sole discretion, enhance, update, or modify the features, design, and functionality of the Services from time to time.Material Changes: If any such modifications significantly alter the core functionality of the Services to your substantial detriment, BrandFlow will endeavor to notify you in advance via email or by posting a prominent notice on our
Liability for Changes: BrandFlow will not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Services.
1.4 Proprietary Rights
Ownership: BrandFlow owns all rights, title, and interest in and to the Services, including any and all related software, technology, designs, trademarks, service marks, logos, and other intellectual property (“BrandFlow IP”). These Terms do not grant you any right, license, or interest in BrandFlow IP except as expressly provided herein.Restrictions: You must not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Services or BrandFlow IP.
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2. ORDERS, FEES, AND PAYMENT
2.1 Orders
Order Placement: You may place orders for Services through our website or by contacting an authorized BrandFlow sales representative.Order Confirmation: All orders are subject to acceptance by BrandFlow. Once confirmed, your purchase becomes final and binding.
2.2 Fees and Payment
Fees: You agree to pay all fees set forth in the applicable order, subscription plan, or invoice. Fees may include one-time setup costs, recurring subscription charges, usage-based charges, or other applicable costs.Payment Terms: Payments are due in accordance with the payment schedule stated on your order or invoice. If no schedule is stated, fees are due in full upon receipt of invoice.Late Payments: BrandFlow reserves the right to charge interest on any overdue amount at the maximum rate permitted by law. In addition, we may suspend or terminate your access to the Services if your account remains delinquent for an extended period.Pricing Updates: BrandFlow may change its pricing or introduce new fees for any additional features or Services. Such changes will take effect upon renewal of your subscription or as otherwise communicated in writing.
2.3 Taxes
You are responsible for all sales, use, value-added, withholding, or other governmental taxes or duties that are applicable to your use of the Services. BrandFlow is only responsible for taxes based on its own net income.
2.4 Refunds
Unless otherwise stated in these Terms or required by law, all fees are non-refundable. Any exceptions to this policy must be authorized in writing by BrandFlow.
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3. TERM AND TERMINATION
3.1 Term
Subscription Term: Your subscription begins upon BrandFlow’s confirmation of your order and will continue for the duration specified in your order (“Subscription Term”).Automatic Renewal: Unless you provide written notice of non-renewal at least thirty (30) days prior to the end of the current Subscription Term, your subscription will automatically renew for an additional term of the same length.
3.2 Termination by Customer
You may terminate your subscription at any time by providing written notice to BrandFlow. However, unless otherwise stated in these Terms, any prepaid fees for the remaining portion of the Subscription Term are non-refundable.
3.3 Termination by BrandFlow
BrandFlow may, at its sole discretion, suspend or terminate your account and access to the Services if:
You violate these Terms or any other policy referenced
fail to pay any amounts due for the Services.We have reason to believe that your use of the Services is fraudulent, unlawful, or could cause harm to BrandFlow, its users, or third parties.
Upon termination, your right to access and use the Services immediately ceases. We will not be liable for any compensation, reimbursement, or damages arising from such termination.
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4. DATA AND PRIVACY
4.1 Data Collection
Privacy Policy: BrandFlow’s collection, use, and storage of personal data and business information are subject to our [Privacy Policy], which is hereby incorporated by reference into these Terms.Customer Data Ownership: You retain all rights to any data or content you submit, post, or display within the Services (“Customer Data”). You grant BrandFlow a worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, display, and modify Customer Data solely for the purpose of providing the Services to you and improving our offerings.
4.2 Data Security
Security Measures: BrandFlow implements commercially reasonable security measures to protect the confidentiality, integrity, and availability of your
Absolute Guarantee: While BrandFlow strives to protect your data, no method of electronic storage or transmission over the internet is completely secure. You acknowledge and accept that BrandFlow cannot guarantee absolute security against unauthorized access.
4.3 Third-Party Services
Integrations: BrandFlow may integrate or interact with third-party services such as Google, Facebook, and other marketing platforms. Your use of these third-party services is subject to their respective terms and policies.Third-Party Data Sharing: By enabling or using these integrations, you grant BrandFlow permission to share your data and information with these third parties as necessary to facilitate the integration.
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5. WARRANTIES AND LIABILITY
5.1 Disclaimer of Warranties
Services Provided “As Is”: BrandFlow provides the Services on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or
Guarantee: BrandFlow does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful
Implied Warranties: To the maximum extent permitted by law, BrandFlow disclaims all implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
Exclusion of Certain Damages: To the fullest extent permitted by law, BrandFlow and its affiliates, officers, employees, agents, or licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or business opportunities.Liability Cap: In no event shall BrandFlow’s total cumulative liability to you exceed the amount you paid to BrandFlow in fees for the Services during the twelve (12) months immediately preceding the event giving rise to the liability.Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the limitations in this Section may not apply to you in their entirety.
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6. INDEMNIFICATION
You agree to defend, indemnify, and hold BrandFlow and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Services.Your violation of these Terms or any applicable law.Your infringement or misappropriation of any intellectual property or other right of a third party.
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7. GENERAL PROVISIONS
7.1 Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of
Arizona, without regard to its conflict of law principles.
7.2 Dispute Resolution
Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered in Phoenix, Arizona. Each party irrevocably waives the right to a trial by
Class Actions: You agree that any dispute resolution proceedings will be conducted on an individual basis and not on a class or representative action basis.Exception: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
7.3 Changes to Terms
Right to Update: BrandFlow may update or revise these Terms at its sole discretion.Notice: If we make material changes, we will provide you with notice, such as by sending an email or posting a prominent notice on our website.Acceptance: By continuing to access or use the Services after updated Terms have been posted, you agree to be bound by those updated Terms.
7.4 Assignment
You may not assign or transfer these Terms or any rights or obligations herein without BrandFlow’s prior written consent. BrandFlow may freely assign or transfer these Terms without restriction.
7.5 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and BrandFlow concerning the Services. They supersede all prior or contemporaneous agreements, understandings, negotiations, or communications, whether written or oral.
7.6 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
7.7 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties. Failure to exercise any right or remedy shall not operate as a waiver of that right or remedy.
7.8 Force Majeure
BrandFlow shall not be liable for any failure or delay in the performance of its obligations due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, strikes, war, or any other force majeure event.
7.9 Contact Information
If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:
Email: [email protected]
Phone: 602-810-1703
BrandFlow | All Rights Reserved 2025
By using our Services, you acknowledge that you have read and understand these Terms, and you agree to be bound by them. If you do not agree with these Terms, you must not access or use the Services.