Effective Date: 9/10/2024
These Terms of Service (the “Terms”) govern your access to and use of the Brand OS website, including its pages, content, forms, and related features (collectively, the “Site”).
The Site is operated by Brand OS (“Brand OS,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not access or use the Site.
Brand OS provides information about business growth, direct-to-consumer strategy, marketing, finance, operations, and related advisory and support services for brands and businesses.
The Site is provided for general informational, marketing, and business-development purposes. The Site does not itself create a client, advisory, fiduciary, employment, partnership, joint-venture, or other professional relationship between you and Brand OS.
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Site.
If you access or use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes both you and that organization.
Content on the Site is general information and is not legal, tax, accounting, investment, financial, employment, or other regulated professional advice. You should obtain advice from appropriately qualified professionals concerning your particular circumstances.
Business conditions, platforms, advertising markets, consumer behavior, laws, and regulations change over time. Although we may update Site content, we do not promise that all content is current, complete, or suitable for your specific business.
Brand OS does not guarantee revenue, profitability, cost savings, financing, market entry, advertising performance, retailer placement, operational improvement, or any other business result. Outcomes depend on many factors outside Brand OS’s control, including a client’s products, team, decisions, resources, market conditions, and implementation.
Submitting a Contact or Proposal Intake form, scheduling a call, exchanging communications, or receiving preliminary information does not obligate Brand OS to provide services and does not create a client relationship.
Any consulting, advisory, finance, operations, marketing, or other services will be governed by a separate written agreement signed by Brand OS and the applicable client. That agreement may include additional terms concerning scope, fees, payment, confidentiality, intellectual property, data processing, warranties, liability, and dispute resolution.
If a signed service agreement conflicts with these Terms regarding the services covered by that agreement, the signed service agreement controls for those services.
Subject to these Terms, Brand OS grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Site for lawful business and informational purposes.
You may download or print reasonable portions of publicly available Site content for your internal, non-commercial reference, provided that you do not remove copyright, trademark, or other proprietary notices.
You may not, directly or indirectly:
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robots.txt instructions;When you submit information through the Site, you represent that the information is accurate, current, and that you have the right to provide it.
Do not submit passwords, payment-card data, government identification numbers, health information, or other sensitive personal information through a general Site form.
Unless Brand OS has agreed otherwise in writing before submission, information sent through a general Contact or Proposal Intake form is not treated as confidential and does not create a confidentiality obligation. If you need to share trade secrets, detailed financial data, proprietary plans, or other confidential business information, first request an appropriate confidentiality agreement or secure submission method.
You grant Brand OS permission to use information you submit as reasonably necessary to:
Our collection and handling of personal information is also governed by our Privacy Policy.
The Site and its content, including text, graphics, designs, photographs, videos, software, reports, frameworks, presentations, downloads, page layouts, and other materials, are owned by or licensed to Brand OS and may be protected by copyright, trademark, trade-secret, and other intellectual-property laws.
Except for the limited permission expressly granted in these Terms, no right, title, or interest in the Site or its content is transferred to you. All rights not expressly granted are reserved.
If you believe content on the Site infringes your intellectual-property rights, contact us using the information in Section 21 and provide enough detail for us to evaluate the request.
Brand OS, Brand-OS, DTC-Accel, associated logos, product or service names, and related branding may be trademarks or service marks of Brand OS, its affiliates, licensors, or other owners.
You may not use any trademark, logo, trade dress, or brand element displayed on the Site without prior written permission from the applicable owner, except as permitted by law.
The Site may describe client experiences, historical results, case studies, testimonials, or examples. These materials describe specific circumstances and are provided for illustration. They are not promises, warranties, or guarantees that the same or similar results will be achieved in another engagement.
Actual results vary based on the client, market, timing, products, investment, management decisions, implementation, and other factors. Any material connection between Brand OS and a person or organization providing an endorsement should be disclosed where required.
Nothing in this section permits Brand OS to make a false, misleading, or unsupported claim. Any qualification or disclosure shown with a case study or testimonial forms part of that content.
The Site may contain links to or integrations with third-party websites, social networks, scheduling tools, analytics providers, embedded content, or other services. Third parties control their own services, terms, privacy practices, content, and availability.
Brand OS does not control and is not responsible for third-party services. A link or integration does not necessarily mean that Brand OS endorses the third party. You access third-party services at your own risk and should review their applicable terms and privacy notices.
Our Privacy Policy explains how we collect, use, disclose, and protect personal information.
The Site may use cookies and similar technologies. Where available, you can manage non-essential cookie choices through the Cookie Preferences link on the Site. Your use of the Site is also subject to any applicable Cookie Policy or privacy-choice notice displayed on the Site.
We may change, suspend, restrict, or discontinue any part of the Site at any time. We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.
We may correct errors, update content, and modify Site features without notice. We are not responsible for losses caused by scheduled or unscheduled unavailability, except where liability cannot lawfully be excluded.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
BRAND OS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. BRAND OS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, BRAND OS AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BRAND OS AND THE OTHER BRAND OS PARTIES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
These limitations apply to claims based on contract, tort, negligence, strict liability, statute, or any other legal theory. They do not apply to liability that cannot lawfully be excluded or limited.
Liability arising from services provided under a separate signed agreement is governed by that agreement rather than this Section.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Brand OS and its affiliates, owners, directors, officers, employees, contractors, agents, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or relating to:
Brand OS may control the defense and settlement of an indemnified claim, and you agree to provide reasonable cooperation. You may not settle a claim in a manner that admits fault by or imposes obligations on Brand OS without Brand OS’s written consent.
We may suspend or terminate your access to the Site if we reasonably believe you have violated these Terms, created risk or possible legal exposure, or threatened the security, integrity, or operation of the Site.
Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and disputes.
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules.
Unless applicable law requires otherwise, any legal action arising out of or relating to the Site or these Terms must be brought exclusively in the state or federal courts located in New Jersey, and you and Brand OS consent to the personal jurisdiction of those courts.
This section does not govern disputes arising under a separate signed service agreement when that agreement contains its own governing-law or dispute-resolution terms.
If a provision of these Terms is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.
Brand OS’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign or transfer these Terms or your rights under them without Brand OS’s prior written consent. Brand OS may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
We may update these Terms from time to time. We will post the revised Terms on this page and update the Last updated date.
Changes become effective when posted unless a later date is stated. Your continued use of the Site after revised Terms become effective means you accept the revised Terms. If you do not accept the changes, stop using the Site.
Questions about these Terms may be sent to:
Brand OS
1090 King Georges Post Road, Suite 505
Edison, New Jersey 08837
United States
Email: hello@brandos.com
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