Site updated as of January 21, 2021

These Terms and Conditions (“Agreement”) are a legally binding agreement between the user (“User” or “you”) of the Brand Interation Services and the applicable Brand Interation Company (“Brand Interation”, “Brand Interation”, “we” or “us”) as described herein.

Please make sure you fully understand the contents of this Agreement. If you are in any doubt about any of your rights and obligations arising from your acceptance of this Agreement, please consult with us or obtain legal assistance.

This Agreement includes and hereby incorporates by reference the Terms of Use, as such agreement may be in effect and may be modified by Brand Interation from time to time, accessible at www.brand-interaction.com

IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NOT PROCEED WITH THE REGISTRATION PROCESS OR USE THE SERVICES.

SERVICES

Definition. The “Services” consist of a suite of online marketing and management tools for search engine optimization (“SEO”), social media and digital marketing found at www.brand-interaction.com (the “Website”), which includes research and analysis tools, link building, campaign management, automated search engine performance tracking, conversion analysis and tracking and SEO reporting, content and contact management tools. Among other things, the Services allow Users to (a) conduct online advertising campaigns, (b) obtain information related to their ongoing advertising campaigns, (c) generate reports and analytics on web pages or advertising campaigns, and (d) access a wide range of resources, including, but not limited to, an online platform and its application programming interface (“API”).

Changes. We reserve the right to change the terms or specifications of any Service at our discretion, with or without prior written notice to Users, by replacing the text of this Agreement or the description of paid subscription plans on the Website or by written notice to you. Any changes will be effective immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your sole remedy is to terminate relations with Brand Interation. Your continued use of the Services after our change notice will constitute binding acceptance of the Agreement, as amended.

Additional Services. Unless explicitly stated otherwise, any new features that augment or enhance the Services currently offered, including the launch of new Brand Interation services, will be subject to this Agreement.

Right to Use the Services. Brand Interation hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website.

In the event of a conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges at our sole discretion.

Suspension or Termination of Services. Notwithstanding anything to the contrary stated or implied in this Agreement, we may, at any time, without derogating from our other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all Services, effective immediately upon issuance of a written notice. notice. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business and otherwise, or to a specific customer or group of Users. Notwithstanding the foregoing, solely with respect to Users of the Paid Services, whenever reasonably possible, such Users may be given up to thirty (30) days after notice of suspension or termination of their User account to back up the data stored in their account before it may be completely deleted from our servers.

Third Party Services. We reserve the right to use third party service providers in the provisions of all or part of the Services, including but not limited to hosting providers, payment processing services, information and communication services, analytics services, Internet advertising platforms, advertising service providers and platforms. Where any of the above services are provided by third parties, the User may be subject to the terms and conditions of such third party. We do not accept any responsibility for services provided by third parties.

REGISTRATION AND ACCOUNT

Use of the Services. You may use the Services as a registered or unregistered user. However, you may not use the Services, whether as a registered or unregistered User, if you are not of legal age to enter into a contract in your jurisdiction or if you do not have the authority to accept this Agreement. If you are under the age of 18, do not attempt to register for the Services or submit any information about yourself to us, including your name, address, telephone number or email address. If we learn that we have collected personal information from anyone under the age of 18 without verification of parental consent, we will delete that information as soon as possible. Registering as a user may provide you with the following additional benefits over using the Services as a visitor (non-registered):

Acceptance. By using the Services, you agree to the terms of this Agreement and fully authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy, which forms an integral part of this Agreement.

User Representations. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not violate any applicable law or regulation.

 

Registration; Billing. To register as a user, you must create a user account on the website by following the registration procedures and instructions set forth therein. There is no cost to create a Brand Interation user account.

However, to access certain paid features of the Services, you will be required to provide billing details. As a registered user, you agree to promptly notify us of any changes to your billing details.

User Responsibilities. You are responsible for all of the following with respect to your use of the Services:

maintaining the security of your User account and all activity that occurs under your User account;

maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary;

obtain access to the Services, and such access may involve third party fees (such as Internet service provider or airtime charges); and

obtain and maintain all equipment necessary to access the Services.

Prohibited Uses. You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:

Any unlawful purpose. You may not use the Services for any unlawful or unauthorized purpose, including in any manner that violates copyright or other applicable laws.

No Tampering. You may not use the Services in a manner that is detrimental to the operation of the Services or another person’s access to or use of the Services. You will not upload or transmit viruses, worms or other destructive code. The restriction in this Section applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services.

Permission Required. You may not, without our prior written permission and, solely with respect to leasing, reselling and sublicensing, except as specifically permitted under your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any website) site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease or attempt to exploit the Services or any data resulting therefrom; (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code; (iii) make derivative works of the Services; (iv) remove, obscure or alter any copyright, trademark or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the website or the Services; (v) modify another website to falsely imply that it is associated with the Services, Brand Interation or any other Brand Interation product or service; or (vi) make the website or services or any part thereof available to others in a service bureau or outsourcing arrangement or for any other commercial time-sharing, data processing or other third party use.

 

Queries. You agree not to forward (i) more than 10 queries per 1 second from a single IP address, (ii) more than 10 simultaneous queries from 1 User, or (iii) more than 2 simultaneous export queries.

Automatic Queries. All automated queries are prohibited.

Special Access and Testing. If you are invited or clearly provided with beta testing access to new tools and resources, which are not available to our users generally (“closed beta”), you should not rely on or expect the continued availability of these new tools and resources. Any such access to new beta testing tools and resources, if any, is conditioned upon your agreement not to disclose any information about these new tools and resources or your experience with their use to any third party.

Assignment. A User may not assign, transfer, exchange, trade, pool or barter any of its rights or obligations under this Agreement or the User account, unless expressly permitted in writing by Brand Interation. Any violation of the foregoing restrictions is grounds for immediate termination of the User account. For changes to access under corporate subscriptions to the Services, we may ask you for a detailed explanation of the changes in your circumstances, along with confirmation of employment and other reasonable information and relevant documents.

Unsubscribing. You may delete your user account at any time. Please note that, in doing so, all of your data and information stored on Brand Interation’s servers will be deleted and Brand Interation will assume no liability for any such loss of data or information. All service fees incurred prior to termination of registration shall be due and owing, until paid in full, notwithstanding such termination.

Termination by Brand Interation. Brand Interation reserves the right to terminate any User account for abusive or fraudulent activity, for breach of this Agreement or for any other reason in its sole discretion.

FEES AND SETTLEMENT

Service Fees. With respect to the Paid Services, User will be charged the fees set forth in the applicable section on the Brand Interation website or as offered on the website for a particular subscription plan (the “Fees”). The Fees, unless explicitly displayed during the purchase process for a subscription plan and after confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or fees that may be imposed in connection with any and all payments made or due hereunder and shall, if any, be at User’s expense, respectively recorded and duly declared by User.

Promotional Sweepstakes. From time to time, we may offer promotional giveaways of the Services, subject to specific rules that we will announce at the time of such promotional giveaway. Users shall be solely responsible for any and all income tax consequences that may result from their winning of such sweepstakes.

 

In addition, solely to the extent required by applicable law, Users agree to send us properly completed tax forms to enable us to make all required filings with the tax authorities.

Change of Fees. We may change the Fees and/or introduce new charges in addition to the Fees at our sole discretion upon thirty (30) days prior written notice to User.

Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice, in the event of (a) any changes in the services or fees of our third party service providers; (b) changes to the Services that are made at your request; or (c) delays and/or other problems due to User’s failure to perform User’s obligations or due to User’s request to delay work for any reason.

Payment. Any Fees shall be prepaid one month or one year in advance, or as otherwise offered on the Website for a particular subscription plan, at User’s option by credit card or other method of payment accepted on the Website. All prepaid amounts and service plans will be reflected in the user’s account. Bank charges and fees shall be borne solely by User.

Refund Policy. We provide Paid Services on a prepaid basis. Users may discontinue use of any Service at any time in accordance with the instructions posted on the Website. The date and time of any cancellation of paid Services will be the date and time the User completes the entire cancellation process. Fees for Services may be refundable in whole or in part as set forth herein: www.brand-interaction.com

Repeated registrations and/or subscriptions for paid Services and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be considered bad faith, and we reserve the right to withhold Service to any infringing User and refuse any refunds available to such User.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS; USE OF TRADEMARKS

All rights reserved. User acknowledges and agrees that all right, title and interest in and to any and all intellectual property rights of every kind or nature, including but not limited to patents, copyrights, trademarks, database rights, as well as moral rights, know-how and trade secrets (and any licenses related to any of the same), whether or not registered or registrable, and whether or not subsisting in any specific country or countries or elsewhere in the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc. ), any code or software (SDK, API, etc.) that may be provided to the User or for the User’s use under this Agreement and any work product created and/or delivered hereunder and related documentation (which forms the Brand Interation website and Services) are and shall remain solely and exclusively our property and/or the property of Brand Interation, Brand Interation’s licensors or affiliates. You are not granted any title or ownership rights in the Brand Interation Website or Service.

 

The user’s right to use the website, services and any part thereof is strictly limited to the provisions of this agreement and we reserve all rights not expressly granted herein.

Brand Interation Trademarks. Brand Interation are trademarks, DBA and trademarks and/or service marks of Brand Interation and/or our affiliates and subsidiaries. Other trademarks, graphics, icons, names and logos used or displayed on or through the Website are trademarks, trade dress and/or service marks (“Marks”) of us and our affiliates and subsidiaries or are the property of their respective owners.

who may or may not be affiliated with, connected to or sponsored by us and may be subject to the terms and conditions of such third parties. User may not use any meta tags or any other “hidden text” utilizing any of the aforementioned trademarks, trade dress and/or service marks without our prior written permission and our respective owner. User’s right to use the Marks is strictly limited to the manner of use as directed and approved by us, which right may be revoked or changed at any time at our (or the respective owners’ or licensors’) sole discretion. Accordingly, User will change or remove such display of materials immediately upon request by us or the respective owners or licensors of the Trademark. User acknowledges and agrees that User will not dispute ownership of the Marks on the Website for any reason. User’s use or display of the Marks will terminate effective upon termination of this Agreement, suspension of the Services or upon notice from us or the respective owner or licensor to discontinue such use or display. User acknowledges and agrees that User will not dispute ownership of the Marks on the Website for any reason. User’s use or display of the Marks will terminate effective upon termination of this Agreement, suspension of the Services or upon notice from us or the respective owner or licensor to suspend such use or display. User acknowledges and agrees that User will not dispute ownership of the Marks on the Website for any reason. User’s use or display of the Marks will terminate effective upon termination of this Agreement, suspension of the Services or upon notice from us or the respective owner or licensor to discontinue such use or display.

User Marks. User hereby grants us a worldwide, non-exclusive, unlimited, royalty-free license to use User’s brands, names, logos, trademarks, trade names and service marks as used by User for informational and advertising purposes only.

Feedback. Users are under no obligation to provide Brand Interation with ideas, suggestions, comments or other feedback relating to the Website, the Services or Brand Interation’s business or operations. If any User shares ideas, suggestions, comments or other feedback with Brand Interation, Brand Interation shall own such idea, suggestion, comment or feedback. User hereby assigns all of User’s right, title and interest in such idea, suggestion, comment or feedback to Brand Interation and agrees that Brand Interation shall be free to use and implement the same, without restriction or obligation of any kind, without, however, any obligation to do so.

TERMINATION

Right of Termination. Either party may terminate this Agreement at any time in its sole discretion upon written notice to the other if Brand Interation terminates it, and such notice shall be at least 30 days prior to the date of termination if to a paid User of the Services.

Effect of Termination. Upon termination of this Agreement, all rights of the affected User with respect to use of the Website or the Services will terminate immediately.

Survival. Upon termination of this Agreement for any reason, all provisions relating to indemnification, warranty, liability and limits hereunder, and the confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall survive until they are no longer required to survive in order to achieve their purpose.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Disclaimer of Liability. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEB SITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SECURE. FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPETENCY OF THE CONTENT OF ANY LINKED SITE ON THE WEB SITE.

Limitation of Liability. In no event will Brand Interation, its officers, directors, employees or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of or related to this Agreement, or use of the Services or the Website. Our liability to you for any damages arising out of or related to this Agreement shall at all times be limited to the greater of (a) fifty dollars ($50) or (b) the amounts you have paid to us in the preceding 12 months (if none). The existence of more than one claim will not extend this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Third Party Products and Services. Brand Interation does not warrant, endorse, guarantee or assume liability for any products or services advertised or offered by any third party through the Website or any hyperlinked website or appearing in any banner or other advertising, and Brand Interation will not be a party to or in any way be responsible for monitoring any transactions between you and third party providers of products or services.

Other Jurisdictions. We make no representation that the Services or the Website are appropriate or available for use in all locations. Those who access or use the Services or the Website from jurisdictions that prohibit such use do so at their own volition and are responsible for compliance with local law.

 

INDEMNITY

You agree to defend, indemnify and hold harmless Brand Interation and its officers, directors, employees and agents from and against any and all claims, damages, obligations, obligations, losses, liabilities, liabilities, costs or debts and expenses (including, without limitation, attorneys’ fees) arising out of: (a) your use of and access to the Services and the Website; (b) your violation of any term of this Agreement;

or (c) your violation of any third party rights, including, without limitation, copyright, property or privacy rights. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services and the Website.

GENERAL PROVISIONS

Assignment. This Agreement, any part of this Agreement or any right or obligation hereunder may not be novated, assigned, subcontracted or transferred by you without our prior written consent, but we may assign it without restriction or limitation. Any assignment or transfer in violation of the foregoing provisions shall be null and void. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Force Majeure. We will not be liable for any failure or delay in the performance of our obligations resulting from any condition beyond our reasonable control, including, without limitation, use of third party equipment or services, communication failures, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power outages and Internet interruptions.

Applicable Brand Interation Company, applicable law and jurisdiction. Your country of residence determines which Brand Interation entity you are contracting with for the Services.

Electronic Notices. You agree to receive communications from us electronically. Electronic notices will be sent to your email address, which you used for registration purposes, as you may change it later by written notice. All communications in electronic format will be considered “in writing” and received on the day we send them. We reserve the right, but assume no obligation, to provide communications in paper format.

Entire Agreement. This Agreement, together with the Privacy Policy, shall constitute the entire agreement between you and Brand Interation with respect to your use of the Website and the Services. However, the terms and conditions of certain other Brand Interation services and products, such as our Blog, our Webinars, may impose additional terms, which can be found in the terms and conditions of those services and products.

Languages. This Agreement is in the English language, which prevails over any translation thereof into other languages, made by us and provided to you for your convenience, as applicable.

The Service is designed in English and translations into other languages may contain inaccuracies for which we assume no responsibility; we suggest you use the English version and refer to other language versions only as a reference and at your own risk. You also agree to have all communications with us in Spanish.

I do not waive. No failure or delay by either party in exercising any right or remedy provided in this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, or preclude or restrict its further exercise. No single or partial exercise of any such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and shall not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.

Severability. All provisions of this Agreement are distinct and severable. If any provision of this Agreement (or any part of any provision) is severable or unenforceable, you agree to be bound by this Agreement.