Terms of Service

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization.

Permission is granted to temporarily access the materials (information or software) on Brandstorm's website for personal or commercial use, providede that you have an active subscription to the Service. This is the grant of a license, not a transfer of title, and under this license you may not:

• Utilize materials you do not have permission to use, including but not limited to materials that are protected by copyright, trademark, or other intellectual property rights, creations by artists, or other protected works, without proper attribution and authorization;
• Modify or copy the materials;
• Use the materials for any unauthorized purpose, or any public display (commercial or non-commercial) without explicit permission. You are solely responsible for compliance with applicable laws regarding the materials you access through the Service;
• Attempt to decompile or reverse engineer any software contained on Brandstorm's website;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

We reserve the right to reject or remove any content that we believe to be in violation of these Terms. You are solely responsible for the content you submit, post, or display on or through the Service.

You agree to indemnify and hold harmless Brandstorm, its parent company Upticker Inc, its directors, officers, employees, agents, affiliates, and licensors from claims arising from content you generate, publish, or distribute using the Service.

Brandstorm provides an AI-powered marketing platform that assists users in generating, scheduling, and analyzing content for social media and other channels. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You are solely responsible for ensuring that any content generated, published, or distributed using the Service complies with all applicable laws, regulations, and industry guidelines, including but not limited to:

• Advertising, marketing, and consumer protection laws;
• Disclosure requirements (such as FTC endorsement and sponsorship disclosures);
• Platform-specific terms, policies, and guidelines of third-party services where content is published (including, without limitation, Meta (Facebook, Instagram, WhatsApp), Google (YouTube), LinkedIn, TikTok, X/Twitter, and similar platforms).

Brandstorm does not review, approve, or guarantee the compliance of any content generated through the Service. Use of the Service does not replace your obligation to obtain legal or professional advice where required.

You agree not to use the Service:

• To generate or disseminate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or hateful.
• To impersonate any person or entity.
• To interfere with or disrupt the integrity or performance of the Service.
• To attempt to gain unauthorized access to the Service or related systems.
• To reverse engineer, decompile, or disassemble any part of the Service.

Automated access or scraping must comply with published technical documentation and rate limits.

We may terminate or suspend your account at any time in our sole discretion, without prior notice or liability, including without limitation if you breach the Terms of Service, Privacy Policy, or any other applicable policies and laws. Upon termination, your right to use the Service will immediately cease.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We shall not be liable for delays, failures, or interruptions in the Services resulting directly or indirectly from causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, governmental actions, infrastructure failures, third-party service outages, or other events constituting force majeure.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary. The remaining provisions will remain in full force and effect.

These Terms shall be governed and construed in accordance with the laws of the state of Florida, USA, without regard to its conflict of law provisions.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please contact us at support@brandstorm.app.