1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BrandedOps, Inc. ("BrandedOps," "we," "our," or "us") governing your access to and use of the BrandedOps platform, website, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
2. Description of Service
BrandedOps provides an automated brand protection platform that includes:
- Marketplace Monitoring: Automated scanning of online marketplaces to detect potential counterfeit products and unauthorized sellers.
- Product Registry: Tools to register and manage your authentic products using GTINs, barcodes, and product information.
- Takedown Assistance: Support for submitting intellectual property infringement reports to marketplace operators.
- Analytics & Reporting: Dashboards and reports on brand protection activities and marketplace presence.
- API Access: Programmatic access to platform features (subject to plan availability).
3. Account Registration
3.1 Account Requirements
To use the Service, you must:
- Be at least 18 years old
- Provide accurate, complete, and current registration information
- Maintain the security of your account credentials
- Promptly update your account information if it changes
- Accept responsibility for all activities under your account
3.2 Company Verification
We may require verification of your company identity and your authority to represent it. You agree to provide requested documentation and cooperate with our verification processes.
3.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at security@brandedops.com if you suspect unauthorized access to your account.
4. User Obligations
4.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable laws, regulations, or third-party rights
- Submit false, misleading, or fraudulent information
- Register products you do not own or have authority to protect
- Use the Service to harass, defame, or harm others
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or its infrastructure
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated tools to access the Service except through our provided APIs
- Resell or redistribute access to the Service without authorization
4.2 Content Accuracy
You are solely responsible for the accuracy of all product information, brand data, and other content you submit. You represent and warrant that:
- You own or have rights to the products and brands you register
- Product information (GTINs, descriptions, images) is accurate and complete
- You have authority to file intellectual property complaints on behalf of the brand owner
4.3 Takedown Requests
When using our takedown assistance features:
- You confirm each reported listing genuinely infringes your intellectual property rights
- You understand that false or bad-faith reports may violate marketplace policies and applicable laws
- You accept responsibility for the accuracy and legitimacy of all reports submitted
- You acknowledge that BrandedOps does not guarantee marketplace action on any report
5. Subscription and Payment
5.1 Subscription Plans
The Service is offered through various subscription plans with different features and limits. Plan details and pricing are available on our website and may change with notice.
5.2 Billing
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as expressly stated in these Terms
- You authorize us to charge your payment method for all applicable fees
- Failed payments may result in service suspension
5.3 Price Changes
We may modify pricing with at least 30 days' advance notice. Continued use after a price change constitutes acceptance of the new pricing.
5.4 Free Trials
If you sign up for a free trial, you may use the Service during the trial period at no charge. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel.
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including its software, design, features, documentation, and content, is owned by BrandedOps and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
6.2 Your Content
You retain ownership of all content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free license to use, store, and process that content solely to provide and improve the Service.
6.3 Feedback
If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation to you.
7. Privacy and Data
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
8. Third-Party Services
The Service may integrate with or link to third-party services (e.g., marketplaces, payment processors). We are not responsible for the availability, content, or practices of these third parties. Your use of third-party services is subject to their respective terms and policies.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim warranties of:
- Merchantability and fitness for a particular purpose
- Uninterrupted, error-free, or secure operation
- Accuracy, reliability, or completeness of marketplace data
- Results or outcomes from using the Service
We do not guarantee that:
- All counterfeit listings will be detected
- Takedown requests will be accepted by marketplaces
- The Service will prevent all brand infringement
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDEDOPS SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from your use or inability to use the Service
- Actions or inactions of marketplace operators or third parties
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless BrandedOps and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you submit to the Service
- Takedown requests you initiate through the Service
12. Term and Termination
12.1 Term
These Terms remain in effect while you use the Service. Your subscription will automatically renew unless cancelled before the renewal date.
12.2 Termination by You
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
12.3 Termination by Us
We may suspend or terminate your access to the Service immediately if:
- You violate these Terms
- You fail to pay applicable fees
- We are required to do so by law
- We discontinue the Service (with reasonable notice)
12.4 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- We may delete your account data after a reasonable retention period
- Provisions that should survive termination (e.g., indemnification, limitation of liability) will remain in effect
13. Dispute Resolution
13.1 Informal Resolution
Before filing any formal dispute, you agree to contact us at legal@brandedops.com and attempt to resolve the dispute informally for at least 30 days.
13.2 Arbitration
Any disputes not resolved informally shall be resolved through binding arbitration, except for claims that qualify for small claims court. The arbitration will be conducted in accordance with applicable arbitration rules.
13.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
14.2 Modifications
We may modify these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after modifications constitutes acceptance.
14.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
14.4 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.5 Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
14.6 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrandedOps regarding the Service.
15. Contact Information
For questions about these Terms, please contact us:
- Email: legal@brandedops.com
- Address: BrandedOps, Inc.