BrandWave Terms of Service

1.BrandWave Services

BrandWave may provide hosted customer relationship management tools, websites, funnels, forms, calendars, pipelines, automations, email, SMS and MMS messaging, calling, payment tools, reporting, artificial intelligence features, templates, integrations, onboarding, implementation, support, consulting, and related services (the "Services").

The Services may be delivered through white-labeled or third-party software, infrastructure, telecommunications carriers, email providers, payment processors, artificial intelligence providers, integrations, and other vendors. Certain features may be identified by the BrandWave name even though they are technically provided by a third party.

2.Eligibility and Account Authority

You must be at least 18 years old and legally capable of entering into contracts. You are responsible for all activity conducted through your account and for the acts and omissions of employees, contractors, administrators, and other authorized users.

• Provide accurate account, business, billing, and contact information.
• Maintain secure passwords and appropriately limit administrator access.
• Remove access promptly when a user no longer needs it.
• Notify us promptly of suspected unauthorized access or misuse.

3.Orders, Plans, and Subscription Terms

4.Fees, Usage Charges, and Payment

5.License and Acceptable Use

Subject to timely payment and compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during the subscription term.

You may not:

• resell, sublicense, lease, or commercially exploit the Services unless expressly authorized in writing
• copy, mirror, frame, republish, or create unauthorized derivative works from the Services
• reverse engineer, decompile, disassemble, or attempt to discover source code except where applicable law prohibits restriction
• circumvent billing, usage limits, security controls, account restrictions, or access controls
• use the Services for unlawful, fraudulent, deceptive, abusive, harassing, discriminatory, infringing, or harmful conduct
• introduce malware, disrupt the platform, probe security, or access another user's data without authorization
• use purchased, scraped, or unlawfully obtained contact lists for communications

6.Customer Data and Content Responsibilities

As between the parties, you retain ownership of your customer data, contacts, files, messages, records, brand assets, and other content submitted to or processed through BrandWave ("Customer Data"). You grant the Company a limited right to host, copy, transmit, process, format, and use Customer Data as necessary to provide, support, secure, and improve the Services and as described in the Privacy Policy.

You are solely responsible for the accuracy, legality, quality, permissions, and business use of Customer Data. You represent that you have all rights and consents necessary to provide Customer Data and instruct us and our providers to process it.

You should maintain independent backups of important information when commercially prudent. The Services are not intended to serve as your sole archival or records-retention system.

7.Messaging, Calling, and Communications Compliance

You are solely responsible for complying with all laws, regulations, carrier rules, registration requirements, and industry standards applicable to email, SMS, MMS, calls, prerecorded messages, ringless voicemail, and other communications.

• Obtain and document all required consents and opt-ins before communicating.
• Use accurate sender identification and required disclosures.
• Honor opt-out, STOP, unsubscribe, and do-not-call requests promptly.
• Maintain lawful privacy notices and terms for your own customers and contacts.
• Do not send spam, deceptive content, prohibited content, or messages to unlawfully obtained lists.
• Complete and maintain any required application-to-person registration, campaign registration, or business verification.

8.Email Deliverability

You are responsible for lawful list acquisition, sender authentication, domain configuration, suppression management, list hygiene, content, and sending practices. BrandWave does not guarantee inbox placement, open rates, click rates, sender reputation, or avoidance of spam filters or blocklists.

9.AI and Automated Features

BrandWave may include AI-assisted content generation, chat, voice, summaries, recommendations, workflow assistance, routing, transcription, review responses, website tools, or other automated features.

• AI outputs may be inaccurate, incomplete, biased, misleading, offensive, or unsuitable.
• You must review, edit, approve, and validate outputs before publication, sending, filing, or reliance.
• AI output is not a substitute for legal, medical, financial, tax, employment, compliance, mental health, or other professional advice.
• AI features may have separate usage fees, limits, fair-use policies, throttling, and availability restrictions.
• You may not use AI features for unlawful, deceptive, discriminatory, infringing, exploitative, or safety-critical purposes without appropriate human oversight.

10.Third-Party Services and Platform Dependencies

The Services may depend on third-party platforms, software, carriers, hosting, payment processors, AI providers, integrations, and APIs. Third-party providers may change or discontinue features, pricing, limits, policies, or availability without our control.

We are not responsible for third-party outages, filtering, suspensions, deprecations, policy enforcement, data loss caused by a third party, or changes in compatibility. You are responsible for maintaining any required third-party accounts, credentials, authorizations, domains, payment accounts, social accounts, ad accounts, and integrations.

11.Implementation, Support, and Professional Services

If you purchase onboarding, setup, migration, consulting, training, done-for-you, or done-with-you services, we will perform them in a commercially reasonable manner within the purchased scope.

• Timelines are estimates unless expressly stated as guaranteed in writing.
• Customer delays, missing approvals, missing content, inaccessible accounts, vendor delays, data quality issues, and platform limitations may extend delivery.
• Support does not include unlimited revisions, custom development, legal review, regulatory approval, or guaranteed campaign performance unless expressly included.
• We may rely on information and approvals supplied by you without independently verifying them.

12.Privacy, Security, and Regulated Data

13.Intellectual Property

The Company and its licensors retain all right, title, and interest in BrandWave, the Services, platform architecture, software, documentation, templates, workflows, training materials, implementation methods, know-how, branding, and related intellectual property, excluding Customer Data and customer-owned brand assets.

If you provide feedback, suggestions, or feature requests, we may use them without restriction or obligation. Unless otherwise stated in an order, generic templates, methods, configurations, and know-how developed while serving you remain ours, while your pre-existing materials and Customer Data remain yours.

14.Confidentiality

Each party may receive non-public information that is marked confidential or reasonably should be understood as confidential. The receiving party will use reasonable care to protect it and use it only as needed to perform the Agreement.

Confidentiality obligations do not apply to information that becomes public without breach, was lawfully known before disclosure, is received lawfully from another source without restriction, or is independently developed. A party may disclose information when required by law, subpoena, or court order, with notice where legally permitted.

15.Suspension and Termination

16.Data Export, Sub-Account Transfers, and Offboarding

17.Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, RESULTS, SECURITY, AND UNINTERRUPTED AVAILABILITY.

We do not guarantee that BrandWave, any integration, automation, AI output, communication, campaign, website, funnel, payment tool, or professional service will produce a particular business, marketing, financial, legal, or operational result.

18.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

The Company's total aggregate liability arising from or relating to the Agreement or Services will not exceed the amount you paid to the Company for the specific Services giving rise to the claim during the three months immediately preceding the event giving rise to liability.

These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.

19.Indemnification

You will defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, affiliates, and licensors from third-party claims, damages, liabilities, penalties, fines, judgments, settlements, costs, and reasonable attorneys' fees arising from or relating to:

• Customer Data, brand assets, offers, products, services, or business practices
• your communications, email, phone, AI, payment, advertising, or marketing activities
• your violation of law, regulation, carrier rule, consent requirement, or third-party policy
• your breach of the Agreement
• claims by your customers, leads, contacts, users, employees, contractors, or regulators related to your use of BrandWave

20.Publicity

Unless you opt out in writing, we may identify your business name and logo in customer lists, proposals, case studies, and marketing materials to describe the business relationship. We will not disclose confidential account details without permission.

21.Governing Law and Disputes

The Agreement is governed by Tennessee law, without regard to conflict-of-law principles. Before filing a formal claim, the parties will attempt in good faith to resolve the dispute informally. If unresolved, the state and federal courts located in or serving Davidson County, Tennessee will have exclusive jurisdiction, and each party consents to venue there.

22.Notices and Electronic Communications

We may provide notices by email, account alert, platform notification, invoice message, or posting within the Services. Notices are effective when sent or posted. Legal notices to us must be sent to the contact method published on our website or billing communications and should identify the sender, account, and nature of the notice.

23.Changes to These Terms

We may update these Terms to reflect changes in law, technology, vendors, features, pricing, security, or business practices. Material changes may be communicated by posting, email, or account notice. Continued use after the effective date constitutes acceptance to the extent permitted by law.

24.General Terms

• The Agreement is the entire agreement concerning the Services and supersedes prior discussions and agreements on that subject.
• If a provision is unenforceable, the remaining provisions remain effective.
• Failure to enforce a provision is not a waiver.
• You may not assign the Agreement without our written consent. We may assign it in connection with a merger, sale, financing, reorganization, or transfer of related assets.
• Provisions that should survive termination will survive, including payment, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute provisions.
• Headings are for convenience and do not affect interpretation.

25.Contact Information

Adaline's Playroom LLC, doing business as Maverick Events & Consulting

1416 Eagle View Boulevard, Antioch, Tennessee 37013, United States

BrandWave product and services

Use the legal or support contact information published on the BrandWave website or in your billing communications.