Terms of Service

1. Acceptance of Terms

These Terms of Service form an agreement between you (and the business you represent, the "Customer") and [LEGAL ENTITY NAME] ("BrandTitan", "we", "us"). By accessing or using BrandTitan you agree to be bound by these terms. If you do not agree, do not use the service.

2. Description of Service

BrandTitan is an AI-powered brand building and customer-acquisition platform that enables users to create, manage, and grow their brand presence through automated content creation, landing pages, campaigns, a customer relationship manager (CRM), unified inbox, calling and texting, advertising integrations, and analytics. We may modify, suspend, or discontinue any part of the service; for changes that remove a paid feature we will give reasonable notice.

BrandTitan uses YouTube API Services to provide its YouTube features. By using BrandTitan's YouTube features, you also agree to be bound by the YouTube Terms of Service.

3. Parties and Roles

For the personal information of your own customers, leads, and contacts that you load into or collect through BrandTitan ("Customer Data"), you are the controller (or "business") and BrandTitan is your processor (or "service provider"). We process Customer Data only to provide the service and on your documented instructions, as described in our Data Processing Addendum. For account, billing, and website-visitor data about you, BrandTitan acts as an independent controller as described in our Privacy Policy.

4. User Accounts

4.1 Account Registration

To use certain features you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4.2 Suspension and Termination

You may cancel at any time. We may suspend or terminate access as described in Section 14.

5. Your Responsibility for Lawful Use and Consent

BrandTitan provides tools; you decide whom to contact, what to say, and what to collect. You are solely responsible for ensuring that your use of the service, your content, and your messages comply with all laws and rules that apply to you, including:

• Texts and calls (TCPA and similar laws): obtaining and keeping the prior express consent (including written consent where required) of every person you text or call, honoring opt-outs, and respecting quiet-hours and do-not-call rules
• Email (CAN-SPAM and similar laws): accurate sender information, a valid physical address, and working unsubscribe, and honoring unsubscribes promptly
• Call recording: giving any notice and obtaining any consent that federal and state call-recording laws require for the people on your calls
• Carrier and platform rules: A2P 10DLC and toll-free registration requirements, carrier content rules, and the terms of Google, Meta, TikTok and other connected platforms
• Industry rules: any rules specific to your industry (for example financial, health, real estate, or legal advertising rules)
• Privacy: providing the notices to, and handling the requests from, the people whose data you put into BrandTitan

We do not review your contact lists or messages for legal compliance and do not provide legal advice.

6. Acceptable Use

You agree not to use the service to:

• Violate any applicable laws or regulations
• Send spam, or message people who have not consented or who have opted out
• Upload purchased, scraped, or otherwise unlawfully obtained contact lists
• Infringe upon the rights of others, including intellectual property rights
• Transmit harmful, deceptive, defamatory, or illegal content
• Engage in fraudulent, abusive, or illegal activity
• Attempt to gain unauthorized access to the service, other customers' data, or our systems
• Probe, scan, or test the vulnerability of the service except under our vulnerability-reporting process
• Interfere with or disrupt the service or servers
• Use automated systems to access the service without authorization

7. AI-Generated Output

The service uses artificial intelligence to generate text, images, video, ad copy, replies, and other output. AI output can be inaccurate, incomplete, offensive, or similar to other output, and may not be unique. You are responsible for reviewing all AI-generated output before you publish, send, or rely on it, and for its compliance with law and with the rules of the platforms where you use it. Output is provided without any warranty of accuracy, fitness, or non-infringement. Your inputs may be processed by our AI providers as described in our Privacy Policy and on our subprocessors page.

8. Intellectual Property Rights

8.1 Our Content

The service and its original content, features, and functionality are owned by BrandTitan and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Content

You retain ownership of the content you create, upload, or submit through the service. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely to provide the service to you.

You represent and warrant that you own or have the necessary rights to all content you submit and that it does not violate any third-party rights.

9. Payment Terms

9.1 Subscription Fees

Certain features require payment of fees. You agree to pay all fees in accordance with the pricing presented at the time of purchase. Payments are processed by our payment provider; we do not store full card numbers.

9.2 Billing and Renewal

Subscription fees are billed in advance on a recurring basis and renew automatically unless you cancel before the renewal date. We may change pricing with reasonable notice.

9.3 Refunds

Refund policies are governed by the specific terms presented at the time of purchase.

10. Privacy and Security

Your use of the service is also governed by our Privacy Policy. We maintain technical and organizational measures designed to protect Customer Data, summarized on our Security page and in the Data Processing Addendum. Those pages describe the controls we operate today; they are not a guarantee that a security incident cannot occur.

10.1 Breach Notification

If we confirm that Customer Data in our systems has been accessed or disclosed without authorization, we will notify the affected Customer without undue delay and in any event within 72 hours of confirmation, with the information we then have and updates as we learn more.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY MARKETING RESULT WILL BE ACHIEVED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, AND (B) BRANDTITAN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO BRANDTITAN IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

[COUNSEL: specify carve-outs (for example gross negligence, willful misconduct, indemnification obligations, data-breach super-cap, and non-excludable liability under applicable law).]

13. Indemnification

You agree to indemnify, defend, and hold harmless BrandTitan and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, fines, and expenses, including reasonable attorneys' fees, arising out of or connected with: your content and Customer Data; your messages, calls, recordings, and marketing practices, including any claim that you lacked required consent; your violation of law or of these terms; or your use of AI output.

14. Suspension Rights

We may suspend or restrict all or part of your account, including sending, calling, or integrations, immediately and with notice where practicable, if we reasonably believe that: your use violates law, these terms, or carrier or platform rules; it threatens the security or integrity of the service or other customers; it is generating complaints, spam reports, or regulatory attention; or fees are overdue. We will lift the suspension when the cause is resolved. We may terminate for repeated or serious violations.

15. Data Return and Deletion at Termination

When your subscription ends, you may export your Customer Data for [30] days. After that period we delete Customer Data from our active systems within [30] days, and from backups as they age out, unless law requires us to keep it. Contact legal@brandtitan.app to request return or confirm deletion. See also our Data Deletion Instructions.

[COUNSEL / JAMES: confirm the export window and deletion timeline against what the product actually does.]

16. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law provisions. Any disputes arising from these terms are subject to the exclusive jurisdiction of the courts in the State of Utah.

[COUNSEL: confirm governing-law state, venue, and whether arbitration or a class-action waiver is wanted.]

17. Changes to Terms

We may modify these Terms from time to time. The effective date and version at the top of this page identify the current version. For material changes we will give at least 30 days' notice before they take effect, by email or in the product. Your continued use after the effective date constitutes acceptance.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: legal@brandtitan.app
Address: RED77, 925 E Juniper Cir, Hyde Park, UT 84318