These Terms of Service, together with our Privacy Policy, Refund and Cancellation Policy, any order form, checkout page, pricing page, proposal, invoice, onboarding form, service description, support message, email communication, and any other document or page expressly incorporated by reference, collectively form a legally binding agreement between you and BrainSites.io, BrainSites, and its owners, operators, affiliates, contractors, employees, successors, assigns, and authorized representatives, collectively referred to as "BrainSites," "Company," "we," "us," or "our."
By accessing this website, using any part of our website, requesting a demo, booking a call, purchasing any service, subscribing to any plan, paying any invoice, accepting any proposal, or otherwise using any service provided by BrainSites, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not use our website or services.
If you are using our services on behalf of a business, company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms of Service, and in such case the terms "you" and "your" will refer to both you individually and that entity.
BrainSites provides website-related services, digital business presence services, website design, website development, website hosting or managed publishing, website maintenance, website support, chatbot setup or guidance, website optimization, revisions, updates, content placement, and related services as described on the applicable offer, pricing page, invoice, proposal, checkout page, or other service description provided to you at the time of purchase or signup.
The exact scope, features, deliverables, service level, support level, revision availability, maintenance level, tools used, turnaround times, included items, excluded items, and commercial terms may vary depending on the plan, offer, package, one-time purchase, subscription arrangement, custom deal, promotional offer, or other business arrangement then in effect.
You agree that the specific offer, service description, and pricing shown or communicated to you at the time you buy or subscribe controls the commercial scope of your purchase. BrainSites reserves the right to modify, improve, replace, discontinue, rename, restructure, or repackage its offers, services, and internal delivery systems at any time, provided that material changes already paid for shall be handled in accordance with the offer accepted by you unless otherwise agreed.
Any free demo, concept, preview, mockup, sample layout, pre-sale website draft, video walkthrough, audit, recommendation, or other pre-purchase material provided by BrainSites is offered solely for demonstration, evaluation, and sales presentation purposes.
You understand and agree that any demo provided before payment is not a completed production website, not a guaranteed final deliverable, and not a promise that all pages, buttons, links, animations, forms, functions, integrations, copy, images, or other elements are complete, clickable, functional, accurate, or production-ready. A demo may contain placeholder content, temporary layouts, unconnected forms, non-functional buttons, draft text, draft visuals, partial sections, missing compliance items, or unfinished technical elements.
BrainSites remains the sole owner of all demos, concepts, previews, and pre-sale materials unless and until otherwise expressly agreed in writing. You may not copy, reproduce, use, imitate, republish, distribute, exploit, reverse engineer, or provide any demo or pre-sale material to a third party without our prior written consent.
Submission of a demo does not create any obligation on BrainSites to continue work, provide additional work, transfer files, release code, publish a website, or provide support unless and until payment is made and a customer relationship is formally established.
BrainSites provides services intended to improve digital presentation, user experience, clarity, trust, and conversion potential for businesses. However, you expressly acknowledge and agree that no specific result is guaranteed.
Without limiting the foregoing, BrainSites does not guarantee any particular level of sales, revenue, profit, leads, bookings, phone calls, messages, appointments, customers, website traffic, ranking, visibility, business growth, conversion rate, customer retention, advertising performance, review volume, review quality, or any other commercial or marketing outcome.
Any statement on our website, in sales materials, demos, calls, messages, emails, proposals, onboarding materials, or other communications regarding expected results, likely outcomes, performance improvements, conversion improvements, professionalism, trust, customer response, or business benefits is intended as a general opinion, estimate, or forward-looking business statement only and shall not be construed as a legal guarantee, warranty, promise of measurable results, or commitment to a specific business outcome.
You understand that business performance depends on many factors outside our control, including your market, pricing, offer quality, business reputation, team responsiveness, local competition, economic conditions, seasonality, domain setup, platform limitations, customer behavior, third-party software, business operations, compliance posture, follow-up systems, ad spend, offline sales ability, and the accuracy, legality, and quality of the materials and instructions you provide to us.
By purchasing any BrainSites service, you agree to the then-current offer, scope, limitations, and commercial terms shown or communicated to you at the time of purchase, whether through a pricing page, order page, checkout page, proposal, invoice, call summary, email, written message, or other official Company communication.
You agree that BrainSites is not required to include or provide anything not expressly included in the offer you accepted. Any request outside the accepted offer may be declined or quoted separately at our discretion.
BrainSites may from time to time change its public pricing, package names, inclusions, service structure, and business model for new customers or future purchases. Unless otherwise expressly agreed, such changes do not automatically alter the exact scope already purchased for a currently active billing period, but may apply to renewals, upgrades, downgrades, add-ons, or future sales.
Some BrainSites services may be sold on a recurring monthly, periodic, subscription, managed-service, or ongoing support basis. If you subscribe to a recurring service, you authorize BrainSites and any third-party payment processor used by us to charge your selected payment method according to the applicable billing cycle until your subscription is canceled.
You may cancel your subscription at any time. Cancellation will stop future renewals, but your current paid billing period will remain active until the end of that billing cycle unless otherwise required by law. At the end of the applicable active paid period, BrainSites may suspend, unpublish, deactivate, disable, remove, disconnect, or otherwise make the website or related managed service inactive.
You understand and agree that when a recurring service ends, whether by cancellation, expiration, failed payment, chargeback, suspension, or termination, BrainSites has no obligation to continue hosting, publishing, maintaining, supporting, updating, preserving, or keeping the website active unless otherwise expressly agreed in writing.
A canceled recurring service may, at our sole discretion, later be reinstated, restored, or reactivated if technically feasible and if you agree to any then-current applicable terms, fees, setup requirements, or restoration charges.
Where BrainSites offers a one-time payment option, the service provided is governed by the offer presented at the time of purchase.
Unless expressly stated otherwise in writing, one-time purchases do not include ongoing free support, ongoing free maintenance, recurring hosting management by BrainSites, recurring revisions, recurring edits, monthly support, free post-delivery updates, or indefinite future technical assistance.
For one-time customers, BrainSites may, in its sole discretion, offer future support, future corrections, future maintenance, future updates, future technical assistance, or future advisory help for an additional fee to be determined by separate agreement at the time assistance is requested.
If a chatbot or similar third-party tool is included in or associated with a one-time purchase, BrainSites may provide setup, basic configuration, connection assistance, onboarding guidance, and reasonable instructions regarding how the client may run, manage, or maintain such tool using the relevant third-party platform. However, unless expressly included in writing, BrainSites is not responsible for paying the third-party platform fees, subscription fees, token usage, software usage charges, API charges, account costs, or any other external provider cost associated with such chatbot or external software after delivery. Those third-party costs are solely your responsibility.
Unless expressly stated otherwise, BrainSites does not include the purchase price of a custom domain name. If you want a custom domain, you are responsible for purchasing it through a third-party registrar or provider of your choosing unless we expressly agree otherwise in writing.
BrainSites may provide general guidance on where or how a domain may be purchased and may assist with configuration, connection, DNS setup, or pointing of the domain as part of an applicable service, but the domain registration itself, renewal fees, registrar relationship, account credentials, billing obligations, expiry monitoring, and ownership obligations remain your responsibility unless otherwise expressly agreed.
If you choose not to purchase a custom domain, the website may in some cases be published on a non-custom subdomain or similar temporary or platform-based address, if such option is made available by BrainSites.
BrainSites is not liable for domain purchase errors, registrar issues, domain disputes, name availability, domain expiration, DNS outages, transfer failures, lock issues, registrar policy changes, renewal failures, ownership conflicts, or losses resulting from actions or inactions of the client or third-party domain providers.
You are solely responsible for providing accurate, lawful, timely, complete, and non-infringing information, materials, approvals, credentials, instructions, content, assets, and access necessary for BrainSites to perform the services.
This includes, without limitation, your responsibility for business names, phone numbers, addresses, service descriptions, testimonials, reviews, claims, logos, images, videos, documents, legal disclosures, pricing statements, licenses, permits, disclaimers, compliance text, domain credentials, form destination emails, and any other materials you ask us to place, publish, configure, display, or reference.
You are solely responsible for reviewing all content, text, imagery, contact details, business claims, location claims, service claims, pricing claims, testimonial claims, legal disclosures, and final outputs before publication and for notifying us of any errors. If you approve content, fail to object, or instruct us to publish, you assume full responsibility for that content and publication.
You are solely responsible for your own business operations, customer communications, legal compliance, consumer disclosures, industry-specific disclosures, licensing requirements, advertising claims, refund promises, booking processes, data handling, and ongoing website use after publication.
You represent and warrant that you own or have all necessary rights, licenses, permissions, and authority to use, upload, submit, publish, or instruct us to use any content, text, image, video, design asset, logo, testimonial, review, trademark, business name, trade name, slogan, music, document, or other material you provide or approve for use.
You further represent and warrant that your materials and instructions do not infringe, misappropriate, violate, or otherwise conflict with the rights of any third party, including intellectual property rights, privacy rights, publicity rights, contractual rights, consumer protection laws, advertising laws, anti-spam rules, platform rules, or other applicable laws.
You agree to fully defend, indemnify, and hold harmless BrainSites and its owners, affiliates, contractors, employees, successors, assigns, and representatives from and against any and all claims, demands, actions, investigations, disputes, damages, losses, liabilities, judgments, penalties, settlements, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or related to any content, instruction, claim, representation, omission, business practice, legal violation, or third-party dispute attributable in whole or in part to you, your business, your content, your domain, your advertising, your data handling, your services, your promises to your customers, or your use of the website or our services.
All methods, workflows, structures, templates, frameworks, design systems, processes, internal know-how, automation logic, prompts, layouts, conversion structures, copy structures, visual systems, code bases, reusable components, service methods, business methods, concepts, and all related intellectual property developed, owned, licensed, or used by BrainSites remain the exclusive property of BrainSites or its licensors unless expressly transferred in writing.
For recurring subscription or managed-service arrangements, unless otherwise expressly stated in writing, BrainSites grants you only a limited, revocable, non-exclusive, non-transferable right to use the published website and related deliverables during the active paid period and only in accordance with the agreed service terms. No ownership transfer is implied merely because a website is visible online, delivered, published, or customized for your business.
If your recurring plan ends, BrainSites may terminate your right to use any hosted or managed website or remove access to any deliverables, code, systems, hosted assets, managed publishing environment, or related materials unless a separate buyout, transfer, release, or ownership arrangement is expressly agreed in writing.
BrainSites may, at its sole discretion, offer a buyout or transfer option under separate terms, conditions, technical limitations, and payment requirements.
For one-time purchases, BrainSites may provide broader client control, access, and operational handoff as described in the applicable offer. However, unless expressly stated in writing, BrainSites still retains all rights to its general methods, templates, systems, know-how, reusable code, reusable patterns, internal frameworks, and underlying proprietary materials not specifically assigned under a written transfer agreement.
Unless expressly stated otherwise in writing, one-time payment customers do not receive free revisions, free edits, free maintenance, or free post-delivery changes after delivery.
Any post-delivery request from a one-time customer, including but not limited to text changes, image changes, layout adjustments, corrections, feature changes, fixes, advisory requests, platform guidance, or operational help, may be accepted or declined by BrainSites in its sole discretion and, if accepted, may be billed separately at a rate or fee determined at that time.
Any revision, support, maintenance, or edit included in an offer shall be limited to the exact scope of the applicable offer and interpreted reasonably by BrainSites.
Unless otherwise expressly agreed in writing, a minor edit or revision generally means a limited change such as replacing text, correcting wording, swapping an image, changing a color, updating a phone number, adjusting a call-to-action label, changing a business hour, replacing a link, or making another similarly limited non-structural adjustment.
For avoidance of doubt, revisions do not include and shall not be interpreted to include a full redesign, redesign of the overall look and feel, redesign of multiple sections, a change of business positioning, new custom functionality, new integrations, custom software development, rebuilding the website, replacing the design concept, adding major new sections or pages, reworking the brand direction, major mobile redesign, major animation changes, major style system changes, or any request that BrainSites reasonably determines to be outside the minor-adjustment category.
BrainSites reserves the sole and final right to determine whether a request qualifies as a minor edit, covered support item, covered revision, included maintenance item, out-of-scope request, custom request, abuse of support, excessive request volume, or request requiring a separate fee.
BrainSites may refuse, postpone, limit, reclassify, or separately charge for any request that we determine, in our sole discretion, to be outside the included scope, commercially unreasonable, technically risky, legally risky, abusive, repetitive, vague, late, or unsupported by the plan purchased.
Any timeline, turnaround time, target date, estimated date, or expected completion date communicated by BrainSites is an estimate only unless we expressly state in writing that a deadline is guaranteed.
You acknowledge that delivery timing may depend on many factors, including your responsiveness, approval speed, material submission speed, clarification requests, technical constraints, domain issues, provider issues, design complexity, revision volume, unforeseen implementation issues, staff availability, third-party software, compliance review concerns, force majeure events, and other circumstances beyond our reasonable control.
BrainSites shall not be liable for delays, early completion, staged completion, partial completion, changed sequence of work, or missed target dates where such delays or variations are caused by client delay, third-party dependency, technical constraint, or ordinary operational realities.
BrainSites may use, recommend, connect, configure, or assist with third-party providers, tools, domains, plugins, analytics tools, form systems, chatbot platforms, hosting systems, registrars, booking platforms, payment tools, communication systems, content tools, AI tools, automation tools, and other external software or services.
You acknowledge and agree that such third-party tools and platforms are outside BrainSites' ownership and control, may change or fail at any time, may impose their own terms and fees, and may create technical, commercial, compliance, security, billing, or operational dependencies.
BrainSites makes no representation or warranty regarding the uptime, continuity, compatibility, legality, long-term availability, pricing stability, feature stability, vendor stability, security, suitability, or ongoing performance of any third-party provider.
To the fullest extent permitted by law, BrainSites shall not be liable for outages, failures, discontinuation, billing changes, account bans, policy changes, compatibility changes, API changes, software bugs, platform removals, pricing increases, data loss, or service interruptions caused in whole or in part by third-party providers.
Where BrainSites manages publishing or hosting as part of a recurring service, such hosting or publishing is provided on a commercially reasonable basis only. BrainSites does not guarantee uninterrupted availability, permanent publication, absolute uptime, uninterrupted access, or operation free from bugs, platform outages, interruptions, incompatibilities, or external failures.
BrainSites may from time to time temporarily remove, republish, suspend, reconfigure, migrate, update, or otherwise alter a website or hosted environment for operational, technical, billing, security, maintenance, or business reasons.
BrainSites is not a law firm, accounting firm, regulatory advisor, financial advisor, tax advisor, or compliance consultant. Nothing provided by BrainSites constitutes legal advice, tax advice, accounting advice, regulatory advice, data protection advice, or guaranteed compliance advice.
Any legal pages, policy text, disclaimer text, terms-related text, privacy-related text, accessibility wording, or other compliance-oriented language provided, suggested, drafted, or placed by BrainSites is provided for general informational convenience only unless expressly stated otherwise, and you remain solely responsible for obtaining your own legal review and ensuring compliance with all laws, regulations, and industry rules applicable to your business.
You agree not to use the website or our services for unlawful, deceptive, infringing, fraudulent, abusive, defamatory, harassing, harmful, misleading, spam-related, malicious, or otherwise improper purposes.
BrainSites may refuse service, suspend service, remove content, or terminate accounts if we reasonably believe your business, instructions, content, conduct, or requested use creates legal risk, reputational risk, technical risk, abuse risk, non-payment risk, fraud risk, or operational burden.
You agree to timely pay all fees, invoices, charges, and costs associated with the services you purchase.
If a payment fails, is reversed, is disputed, is charged back, or is otherwise not successfully received, BrainSites may suspend work, pause access, withhold deliverables, remove the website from active status, revoke access, terminate the relationship, deny future service, refuse transfer or release assistance, and pursue any lawful remedy available to recover amounts owed.
You agree that chargebacks or payment disputes do not automatically cancel your legal obligations under these Terms of Service. You remain responsible for all valid amounts owed, collection-related costs, administrative costs, dispute costs, and reasonable legal fees where permitted by law.
Because BrainSites commonly performs strategic work, design work, pre-build work, custom setup work, technical work, reserved capacity work, business-specific planning, and customized service activity in reliance on your purchase, and because clients are often given the opportunity to review a demo or concept before buying, all sales are final unless otherwise expressly stated in writing or required by applicable law.
You understand and agree that BrainSites generally does not provide refunds for purchased services, subscription charges already incurred, setup work, custom work, partial work, completed work, strategic work, one-time purchases, business dissatisfaction based on subjective preference, unused time, lack of usage, changed business plans, or results not meeting personal expectations.
Nothing in this section limits any non-waivable rights that may apply under mandatory law.
To the fullest extent permitted by law, the website, services, demos, deliverables, revisions, support, content, publishing, guidance, recommendations, tools, and all related materials are provided on an "as is," "as available," and "with all faults" basis.
BrainSites disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, data security, error-free operation, compatibility, commercial performance, legal compliance, regulatory compliance, or fitness for any particular business result.
Without limiting the foregoing, BrainSites does not warrant that the services will be uninterrupted, error-free, secure, always available, always compliant, immune from bugs, immune from platform changes, or suitable for your particular business goals.
To the fullest extent permitted by law, BrainSites and its owners, affiliates, contractors, employees, successors, assigns, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of revenue, loss of profit, loss of business opportunity, loss of goodwill, loss of expected savings, data loss, service interruption, customer loss, reputational harm, advertising loss, domain loss, platform loss, or other commercial loss arising out of or related to your use of or inability to use the website or services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, BrainSites' total cumulative liability arising out of or relating to the website or services shall not exceed the total amount actually paid by you to BrainSites for the specific service giving rise to the claim during the three-month period immediately preceding the event giving rise to the claim, or one hundred U.S. dollars (US $100), whichever is greater.
The limitations in these Terms apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, restitution, statutory claim, or otherwise, and even if any remedy fails of its essential purpose.
You agree to defend, indemnify, and hold harmless BrainSites and its owners, operators, affiliates, contractors, employees, successors, assigns, and representatives from and against any and all claims, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
BrainSites may refuse service or terminate this Agreement, any service, any subscription, any website, any support channel, or any active project at any time, with or without prior notice, if we determine in our sole discretion that continuation is undesirable, unsafe, unlawful, commercially unreasonable, abusive, technically infeasible, reputationally harmful, or inconsistent with our business interests.
In such case, BrainSites shall have no obligation to continue work, continue support, maintain publication, preserve active hosting, retain files indefinitely, provide additional revisions, or maintain access beyond any legal minimum or any separate written obligation expressly assumed by us.
Where you are given access credentials, dashboards, admin privileges, accounts, third-party platform links, or similar operational access, you are solely responsible for maintaining the confidentiality and security of such access.
BrainSites shall not be liable for unauthorized access, misuse, deletion, modification, billing consequences, content changes, security incidents, or operational damage resulting from your sharing, losing, misusing, or failing to secure your accounts, credentials, domains, emails, or dashboards.
You consent to receive communications from BrainSites by email, phone, SMS, messaging apps, video call, project management systems, or other reasonable communication channels relating to your account, project, billing, support, delivery, service changes, or operational matters.
BrainSites shall not be liable for any delay, suspension, failure, interruption, or inability to perform resulting from causes beyond its reasonable control, including acts of God, internet failures, provider outages, labor shortages, illness, accidents, cyber incidents, domain issues, platform changes, infrastructure failures, regulatory action, war, terrorism, civil unrest, natural disasters, utility failures, governmental actions, or similar events.
To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms of Service, the website, or the services shall first be attempted to be resolved through good-faith informal negotiation.
If not resolved informally, BrainSites may elect, in its sole discretion, to require that the dispute be resolved through binding individual arbitration or through a court of competent jurisdiction selected by BrainSites, subject in each case to applicable law and any non-waivable consumer rights.
To the fullest extent permitted by law, you agree that any dispute shall be brought only on an individual basis and not as part of any class action, collective action, representative action, or mass action. You waive any right to participate in a class action or class-wide arbitration to the extent such waiver is permitted by law.
Nothing in this section prevents BrainSites from seeking injunctive relief, equitable relief, collection relief, or protection of intellectual property, confidentiality, payments owed, or business interests in any court of competent jurisdiction.
If any part of this dispute resolution section is found unenforceable, the remaining portions shall remain in full force to the maximum extent permitted by law.
BrainSites may provide services to clients in different jurisdictions. You are solely responsible for ensuring that your business, website, content, offers, policies, disclaimers, customer handling, and legal obligations comply with the laws applicable to you, your customers, and the jurisdictions in which you operate.
BrainSites makes no representation that its website or services are appropriate, lawful, or compliant for use in every jurisdiction.
Unless otherwise agreed in writing, BrainSites may reference your business name, logo, public website, public screenshots, project type, and non-confidential visual outputs for portfolio, marketing, credibility, case reference, and promotional purposes.
If you want confidentiality regarding public display, that must be expressly agreed in writing before publication or handoff.
If any provision of these Terms of Service is held invalid, illegal, unenforceable, or inapplicable in any jurisdiction, the remainder of these Terms shall remain valid and enforceable to the fullest extent permitted by law, and the invalid provision shall be interpreted as closely as possible to reflect the original intent.
No waiver by BrainSites of any breach, right, or remedy shall be deemed a waiver of any prior, concurrent, or subsequent breach, right, or remedy.
You may not assign, transfer, delegate, sublicense, or otherwise dispose of your rights or obligations under these Terms without our prior written consent. BrainSites may assign, transfer, delegate, subcontract, or otherwise dispose of any rights or obligations under these Terms at any time.
These Terms of Service, together with all documents incorporated by reference and the accepted commercial offer applicable to your purchase, constitute the entire agreement between you and BrainSites concerning the subject matter hereof and supersede all prior or contemporaneous discussions, proposals, understandings, or communications on that subject, except for any separate written agreement expressly signed by an authorized representative of BrainSites.
BrainSites may update, modify, or revise these Terms of Service from time to time. The updated version will be effective upon posting unless otherwise stated. Your continued use of the website or services after updated Terms become effective constitutes your acceptance of the revised Terms.
BrainSites
Website: https://brainsites.io
Email: hello@brainsites.io