Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“Customer”) and Brand Protector (“Brand Protector”, “we”, “us”) governing your access to and use of the services available at brandprotector.io and its subdomains (the “Service”). By creating an account, signing in, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.

Brand Protector is a multi-tenant SaaS that detects, validates, and supports the takedown of counterfeit and infringing listings across third-party marketplaces, AI platforms, and domains. The Service is delivered as a hosted application; we do not provide on-premises installations.

• Trial period. New tenants receive a 3-day free trial. No payment is taken during the trial. At the end of the trial, your selected plan is charged unless you cancel.
• Plans. $199 USD per month or $1,499 USD per year per tenant workspace. Yearly is paid up-front and saves approximately 38% vs. monthly.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Refunds. Subscription fees are non-refundable except where required by law. You may cancel at any time and retain access through the end of your paid period.
• Taxes. Prices are exclusive of taxes. You are responsible for any applicable VAT, GST, or sales tax.
• Price changes.We may change pricing with at least 30 days' notice. Existing paid periods are not affected.

You agree to use the Service only to protect brands you own or are authorized to represent, in compliance with applicable law and the policies of any third-party platform we interact with on your behalf.

You will not, and will not permit others to:

• Use the Service to file takedown notices for content you do not have a good-faith belief is infringing.
• Submit takedowns intended to suppress legitimate competition, criticism, journalism, or fair use.
• Attempt to access another tenant's data, reverse-engineer the Service, or probe for vulnerabilities outside a sanctioned disclosure program.
• Use the Service to scrape, harvest, or interact with third-party platforms in violation of their terms.
• Upload malware, illegal content, or content that infringes third-party rights.
• Resell or sublicense the Service, or use it as a backbone for a competing service.
• Bypass usage limits, rate limits, the triple-step takedown gate, or any other security mechanism.

Violations may result in immediate suspension or termination, and we may report illegal activity to law enforcement.

You retain ownership of all data you upload to the Service (“Customer Data”). You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as needed to deliver the Service to you, including transmitting takedown notices to third parties on your behalf.

You are responsible for the accuracy and legality of Customer Data and for having all rights necessary to grant the above license.

The Service helps prepare and submit takedown notices (including DMCA, Brand Registry, VeRO, and platform-specific mechanisms). You are the sender of every notice and the sole party responsible for its content.The attestation step requires an authorised signer at your organisation to confirm, under the relevant statute's good-faith standard, that the notice is accurate.

Brand Protector is software tooling. We are not a law firm, we do not act as your copyright or trademark agent, we do not represent you in any administrative or judicial proceeding, and nothing in the Service constitutes legal advice. The decision to submit any takedown notice, the legal accuracy of the underlying claim, the choice of asserted rights, and the response to any counter-notice or downstream litigation are entirely yours.

You acknowledge that wrongful, overbroad, or bad-faith takedown notices may give rise to liability under 17 U.S.C. § 512(f), state-law tortious-interference claims, defamation claims, or equivalent foreign-law causes of action. You assume all such risk. You are required to perform meaningful human review of every detection before authorising a takedown, and the Service's triple-step attestation gate exists to support — not replace — that review.

Detections, AI confidence scores, image-similarity matches, and any other signals produced by the Service are heuristics generated by automated systems, including large-language-model and machine-learning components. They are necessarily probabilistic and will produce false positives and false negatives. The Service does not guarantee that any specific listing is in fact infringing, counterfeit, unauthorised, or otherwise actionable.

You agree that all detections are advisory only and that no enforcement action — including any takedown notice, account suspension request, or formal legal proceeding — will be initiated through the Service without independent human review by a qualified person at your organisation.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAND PROTECTOR AND ITS LICENSORS, AGENTS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, AVAILABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we make no warranty that: (a) the Service will detect every infringing or counterfeit listing; (b) the Service will not produce false positives; (c) any takedown notice submitted via the Service will succeed or be acted upon by the recipient; (d) third-party platforms will respond within any particular timeframe or at all; (e) the Service will be available without interruption or free of defects; or (f) any output of the Service is suitable for use as evidence in any judicial or administrative proceeding without additional verification by you and your counsel.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRAND PROTECTOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, OR DATA; ANY BUSINESS INTERRUPTION; ANY REGULATORY FINE OR ADMINISTRATIVE PENALTY; ANY SETTLEMENT, JUDGMENT, OR DEFENCE COST OF AN UNDERLYING CLAIM BROUGHT AGAINST YOU BY A TARGET OF A TAKEDOWN OR ANY OTHER THIRD PARTY; OR ANY DAMAGES ARISING FROM OR RELATED TO THE ACTS, OMISSIONS, OR DECISIONS OF ANY THIRD-PARTY PLATFORM, REGISTRAR, OR LAW-ENFORCEMENT AUTHORITY — IN EACH CASE WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). The parties agree that this cap reflects an allocation of risk that is the basis of the bargain and would not be commercially reasonable to provide the Service without it.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent any exclusion or limitation in these Terms is unenforceable in your jurisdiction, the remaining provisions will continue in full force, and the unenforceable provision will be construed to limit our liability to the maximum extent permitted by applicable law.

You will defend, indemnify, and hold harmless Brand Protector and its officers, directors, employees, agents, affiliates, and suppliers from and against any and all third-party claims, demands, suits, proceedings, losses, damages, liabilities, settlements, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Customer Data, including any data you submit through the Service, the Brand Protector browser extension, or any API token you mint;
• your use of the Service in violation of these Terms, applicable law, or any third-party rights;
• any takedown notice, counter-response, or other enforcement action you authorise through the Service, including without limitation any claim by the recipient or an affected third party for defamation, malicious falsehood, tortious interference, abuse of process, malicious prosecution, anti-competitive practice, fraudulent or bad-faith filing under 17 U.S.C. § 512(f) or any equivalent statute (including the UK Digital Economy Act 2017 and EU Digital Services Act notice-and-action obligations), or any analogous cause of action under any applicable law; and
• your reliance on any detection, AI output, or other signal produced by the Service without the manual human review described above.

We will give you prompt notice of any covered claim, allow you to control the defence and settlement (provided that no settlement may admit liability or impose a non-monetary obligation on us without our prior written consent), and provide reasonable cooperation at your expense.

Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, fire, flood, earthquake, war, terrorism, civil unrest, government action, labour disputes, internet or third-party service outages, denial-of-service attacks, or interruptions or policy changes by any third-party platform on which the Service relies.

You may cancel at any time from your tenant's billing settings. We may suspend or terminate your access for material breach of these Terms (including the prohibited-use list), for non-payment, or as required by law, with notice where practicable.

On termination, your tenant enters a 30-day soft-delete window during which we can restore on request. After 30 days, tenant data is purged. See the Privacy Policy for retention details.

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales sitting in London for the settlement of any dispute, claim, or matter (whether contractual or non-contractual) arising out of or in connection with these Terms or the Service, except that either party may seek interim, injunctive, or equivalent equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

The Service is offered to businesses only. To the maximum extent permitted by applicable law, the Consumer Rights Act 2015 and any equivalent consumer-protection legislation do not apply to your use of the Service.

We may update these Terms as the Service evolves. Material changes will be announced by email to account owners at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

Questions about these Terms? Email legal@brandprotector.io.