Terms of Service for BrandEVO
Last Updated: 01/27/2024
Welcome to BrandEVO, LLC (“BrandEVO,” “we,” “us,” or “our”). By accessing or using our website, www.brandevo.io (the “Site”), and services provided (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use our Site or Services.
- Acceptance of Terms
By using our Site and Services, you acknowledge that:
- You are at least 18 years of age or the legal age in your jurisdiction.
- You have read, understood, and agreed to these Terms.
- You are entering into a legally binding agreement with BrandEVO.
- Changes to Terms
BrandEVO reserves the right to modify these Terms at any time without prior notice. Significant changes will be communicated by:
- Posting the revised Terms on this page with an updated “Last Updated” date.
- Sending an email notification (if applicable).
Your continued use of the Site and Services after changes are posted constitutes your acceptance of the updated Terms.
- Use of Services
3.1 License to Use
BrandEVO grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Services for personal or internal business purposes, subject to compliance with these Terms.
3.2 Prohibited Conduct
You agree not to:
- Engage in Unlawful Activity: Use the Site or Services for any illegal purpose or activity.
- Interfere with Operations: Disrupt, interfere with, or damage the functionality of the Site or Services, including hacking attempts or introducing malicious code.
- Unauthorized Access: Attempt to gain unauthorized access to any part of the Site, Services, or related systems.
- Misrepresent Information: Provide false, misleading, or inaccurate information.
- Abuse Intellectual Property: Copy, distribute, or exploit any part of the Site or Services without prior written permission.
3.3 Suspension and Termination
BrandEVO reserves the right to suspend or terminate your access to the Site or Services without prior notice if you violate these Terms or engage in prohibited activities.
- Account Registration
4.1 User Responsibility
To access certain features, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information.
- Maintain the confidentiality of your login credentials.
- Notify us immediately of unauthorized use or security breaches.
4.2 Account Termination
BrandEVO reserves the right to deactivate or terminate accounts found to be in violation of these Terms or inactive for an extended period.
- Fees and Payment
5.1 Payment Terms
- All payments for Services must be made upfront, as outlined in the applicable service agreement.
- Fees are non-refundable unless explicitly stated in a written agreement.
5.2 Late Payments
- Late payments may incur a 1.5% monthly interest or the maximum allowable rate under applicable law.
- Services may be suspended for overdue accounts exceeding 30 days.
5.3 Taxes
You are responsible for any applicable taxes related to your use of our Services, excluding taxes based on BrandEVO’s income.
- Intellectual Property
6.1 Ownership
All content, materials, software, and intellectual property on the Site are owned by BrandEVO or its licensors. This includes, but is not limited to:
- Logos, trademarks, and service marks.
- Text, graphics, and multimedia content.
- Software, scripts, and code.
6.2 User Restrictions
You may not:
- Copy, reproduce, distribute, or publicly display content from the Site without prior authorization.
- Modify, reverse-engineer, or create derivative works of any content or software.
6.3 Feedback
By submitting feedback, ideas, or suggestions, you grant BrandEVO a royalty-free, perpetual license to use such submissions for any purpose.
- Disclaimer of Warranties
The Site and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
- BrandEVO disclaims all implied warranties, including fitness for a particular purpose, merchantability, and non-infringement.
- We do not guarantee uninterrupted or error-free access to the Site or Services.
- Limitation of Liability
To the fullest extent permitted by law:
- No Indirect Damages: BrandEVO is not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, revenue, or data.
- Liability Cap: BrandEVO’s total liability for claims arising from this agreement will not exceed the fees paid by you to BrandEVO in the 12 months preceding the claim.
- Indemnification
You agree to indemnify and hold harmless BrandEVO, its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, or expenses arising from:
- Your use of the Site or Services.
- Your violation of these Terms.
- Your infringement of third-party rights.
- Third-Party Links and Services
The Site may contain links to third-party websites or services. BrandEVO is not responsible for the content, privacy practices, or terms of these third-party sites. You access them at your own risk.
- Compliance with State and International Laws
11.1 California Residents
Under the California Consumer Privacy Act (CCPA), California residents have the right to:
- Request information about data collection and usage.
- Opt-out of the sale of personal information.
For inquiries related to CCPA rights, contact us at privacy@brandevo.io.
11.2 Other U.S. States
Residents of Colorado, Virginia, Connecticut, and Utah may have additional rights under their state-specific privacy laws. For more information, contact us directly.
11.3 International Users
If you are located outside the United States, your use of our Site indicates your consent to the transfer, processing, and storage of your data in the United States.
- Dispute Resolution
12.1 Arbitration
Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
12.2 Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law principles.
12.3 Venue
All legal proceedings will take place in Collier County, Florida.
- Termination
BrandEVO reserves the right to terminate these Terms or your access to the Services at any time, for any reason, without notice.
- Changes to These Terms
We may revise these Terms periodically. Any changes will be posted on this page, and significant updates will be communicated via email (if applicable).
- Contact Us
If you have questions or concerns about these Terms, please contact us:
- Email: support@brandevo.io
- Phone: (866) 950 – 2323
- Address: 6305 Naples Blvd #1242, Naples, FL 34109