Terms and Conditions

Last Updated: April 16, 2025

Welcome to Brand Makers! These Terms and Conditions govern your use of the Brand Makers website (the “Website”) and the marketing subscription services provided by Brand Makers (“Brand Makers,” “we,” “us,” or “our”). By accessing or using our Website or subscribing to our services, you (“you,” “the customer,” or “the user”) agree to be bound by these Terms and Conditions.

1. Acceptance of Terms

By accessing the Website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions, you may not access the Website or use our services.  

2. Description of Services

Brand Makers offers various marketing subscription plans that may include, but are not limited to: social media management, search engine optimization (SEO), pay-per-click (PPC) advertising, content marketing, and website design and maintenance (the “Services”). The specific details of the Services included in your chosen subscription plan will be outlined in your service agreement or on our Website.  

3. Subscription and Payment

  • Subscription Plans: We offer different subscription plans with varying features and pricing. You agree to pay the fees associated with your chosen plan as outlined on our Website or in your service agreement.  
  • Billing: Subscription fees will be billed on a recurring basis (e.g., monthly or annually) as specified in your plan. You authorize us to charge your chosen payment method for the applicable fees.
  • Payment Information: You agree to provide accurate and up-to-date payment information. If your payment method fails, we may suspend or terminate your access to the Services.
  • Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any price changes.
  • Taxes: You are responsible for any applicable sales, use, or other taxes associated with your subscription.

4. Term and Termination

  • Term: Your subscription term will commence on the date you subscribe and will continue for the period specified in your plan (e.g., monthly or annually). Unless you cancel your subscription, it will automatically renew for the same period.
  • Cancellation by You: You may cancel your subscription in accordance with our cancellation policy, which is outlined on our Website or in your service agreement. Cancellation may be subject to certain notice periods and fees.
  • Termination by Us: We reserve the right to suspend or terminate your access to the Website and/or Services at any time, with or without cause, including but not limited to:
    • Violation of these Terms and Conditions.
    • Failure to pay subscription fees.
    • Engaging in illegal or harmful activities.
  • Effect of Termination: Upon termination, your access to the Services will cease, and you will not be entitled to a refund for any unused portion of your subscription fees, unless otherwise stated in our cancellation policy or required by law.

5. Intellectual Property

  • Our Content: The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images, and software) are and will remain the exclusive property of Brand Makers and its licensors and are protected by copyright, trademark, and other laws of the United States and foreign countries.  
  • Your Content: You retain ownership of the content you provide to us for the purpose of utilizing the Services (e.g., logos, branding guidelines, website content). You grant Brand Makers a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content as necessary to provide the Services to you.  
  • Feedback: Any feedback, comments, ideas, or suggestions you provide to us regarding the Website or Services are entirely voluntary, and we will be free to use such feedback without any obligation to you.

6. User Conduct

You agree to use the Website and Services in a lawful and responsible manner. You will not:

  • Use the Website or Services for any illegal or unauthorized purpose.  
  • Transmit any viruses, malware, or other harmful code.
  • Interfere with or disrupt the integrity or performance of the Website or Services.  
  • Attempt to gain unauthorized access to any part of the Website or Services.
  • Engage in any activity that could damage, disable, overburden, or impair the Website or Services.  

7. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRAND MAKERS DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE MAKE NO GUARANTEES REGARDING THE RESULTS YOU MAY ACHIEVE THROUGH THE USE OF OUR SERVICES.  

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAND MAKERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BRAND MAKERS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

9. Indemnification

You agree to indemnify, defend, and hold harmless Brand Makers, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions, your use of the Website or Services, or your violation of any third-party rights.  

10. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms and Conditions or the Services shall be exclusively resolved in the state or federal courts located in Florida. You hereby consent to the jurisdiction of such courts.  

11. Changes to These Terms and Conditions

We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website or Services after the posting of any changes constitutes your acceptance of such changes. We encourage you to review these Terms and Conditions periodically.  

12. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Brand Makers regarding your use of the Website and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.  

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us at [email protected]

Terms and Conditions