Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Brandimi website, services, or products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Services Overview

Brandimi provides digital marketing, creative services, advertising, website development, social media management, content production, e-commerce solutions, video-licensing, and related consulting ("Services"). Any specific deliverables, timelines, or fees will appear in a separate Statement of Work ("SOW"). If an SOW conflicts with these Terms, the SOW prevails.

2. User Conduct

When using our Services, you agree not to:

• Use the Services for unlawful or unauthorized purposes.
• Infringe on the intellectual property rights of others.
• Interfere with or disrupt our services or servers.
• Attempt to gain unauthorized access to our systems.
• Transmit any viruses, malware, or other harmful code.
• Engage in fraudulent, deceptive, or misleading practices.
• Harass, abuse, or harm another person or entity.

3. Payment Terms

Payment terms are outlined in your SOW or service agreement. Unless otherwise specified:

• Payments are due within 15 days of invoice date.
• Late payments may incur a 1.5% monthly interest charge.
• We may pause or terminate services for accounts 30+ days past due.
• Subscription services are billed in advance according to the billing cycle selected.
• You are responsible for all taxes applicable to your purchase except those based on our income.

4. Intellectual Property

• You retain ownership of materials you supply; you grant Brandimi a limited license to use them only to provide Services.
• Brandimi owns its pre-existing materials and methodologies used in our Services.
• Upon full payment, you receive a non-exclusive license to deliverables created specifically for you as specified in your SOW.
• For larger projects, intellectual property ownership will be specified in the SOW.
• Brandimi may use your name and logo as a reference in promotional materials unless you specifically request otherwise in writing.

5. Termination

Either party may terminate services:

• As specified in your SOW or service agreement.
• With 30 days' written notice for ongoing services without a specified term.
• Immediately for material breach that remains uncured for 10 business days after written notice.

Upon termination, you must pay for all services rendered up to the termination date.

6. Limitation of Liability

To the maximum extent permitted by law:

• Brandimi's liability is limited to the amount paid by you for the specific service giving rise to the claim.
• We are not liable for indirect, consequential, special, or punitive damages.
• Claims must be filed within one year after the cause of action arises.

7. Confidentiality

Both parties will keep each other's non-public information confidential and use it only for fulfilling the Services.

8. Force Majeure

Neither party is liable for delays caused by circumstances beyond reasonable control, including acts of God, government actions, and internet outages.

9. Website Uptime

For hosting services, we aim for 99.9% uptime but cannot guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

10. Modifications to services or prices

We may modify these Terms or our Services with 30 days' notice. Your continued use after changes take effect constitutes acceptance.

11. Disclaimer of Warranties

Services are provided "as is" without warranties of any kind. Brandimi does not guarantee specific marketing results or platform uptime beyond the goal stated above.

12. Indemnification

You agree to indemnify Brandimi against claims arising from your use of our Services, your content, or your violation of these Terms.

13. Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or successor.

14. Export Compliance

You will not use the Services in violation of U.S. export laws or for restricted entities.

15. Third-Party Services

Our Services may include or depend on third-party services (e.g., social media platforms, payment processors). Their use is subject to their respective terms of service.

16. Governing Law

These Terms are governed by Illinois law without regard to conflict of law principles.

17. Dispute Resolution

Any disputes arising from or related to these Terms or the Services ("Disputes") will be resolved by binding individual arbitration under the AAA Commercial Rules in Chicago, Illinois. You waive the right to a jury trial and to participate in class actions.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

19. Entire Agreement

These Terms, together with any SOW or service agreement, constitute the entire agreement between you and Brandimi regarding the Services.

20. Contact Information

For questions about these Terms, please contact:

Brandimi LLC
4610 N CLARK AVE #1039
CHICAGO IL, USA
[email protected]