Brandspot + Terms of Service

By using the Brandspot + (Plus) platform, you are consenting to the following terms and conditions:

1. Acceptance of Terms:  The following “Terms of Service” governs your use of the software and services provided by Brandspot, Inc. (“Brandspot”) at the Brandspot + website found at http://plus.brandspot.com website (the “Site”).  This is a binding agreement between you and Brandspot+ and incorporates our Privacy Policy at https://brandspot.ca/privacy-policy.  By using any software or services provided by Brandspot (the “Services”), you are accepting to be bound to the terms of this Agreement.

We reserve the right to change these Terms from time to time. When we make any changes to our Terms, we will display a notification on our website to inform you that our Terms have been changed or we plan to change our Terms. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.

By using this site and these services you agree to be bound by these terms.  If you no longer wish to be bound by these terms, you may cancel your subscription and services at any time.  

2. Services: Brandspot provides a multitude of additional services to assist you with Brandspot + and a full list of these services can be requested at any time.  For the purpose of this agreement, the “Services” we are agreeing to and bound to deliver are a monthly subscription to the Brandspot + platform and 30 minutes of phone support each month with unlimited email support.  Should you require additional support services or services to build within Brandspot + from the Brandspot Services team, an additional contract can be provided.

a. No Guarantee

Although Brandspot works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.  Results will vary depending on the effort put into marketing your business and maintaining your customer data. 

b. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur for purposes of maintenance and upgrades as well as potential “act of god” occurrences (ie: power outages, disasters, etc). You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.  We also are not responsible for accidental deletion by your users of content within the system, though a request can be submitted to determine if recovery is possible as a support ticket.

c. Right to Modify the Services

We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.  

d. No Contingency on Future Releases and Improvements. You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third party services or dependent on any public comments we make, regarding any future functionality or feature. 

3. Payment

a. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides a fixed price for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Additional features may be added to the platform in the future which may also cost additional fees if you wish to use them.  Fees may change from time to time. 

You will be sent a monthly invoice to pay your fees for Brandspot + by credit card.  Any additional charges incurred by your purchase or use of the Services for premium services, will be billed to the credit card we have on file.  For subscription services, you will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.

b. Overdue Amounts

If, for any reason, your credit card HighLevel declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.  You will be provided a grace period of 15 days before your system is suspended.  In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

c. All Subscriptions Non-refundable

Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions.  

4. Site Conduct, Posting Policies & Third Party Websites

a. User-Created Content Guidelines

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;impersonates any person or entity, including any of our employees or representatives.

At our sole discretion, Brandspot may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.

b. No Endorsement

Brandspot neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

c. Third-Party Sites and Information

This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

d. Electronic Communication

When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Brandspot maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Brandspot for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Brandspot. We will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Brandspot do not respond to the email and notify Brandspot by emailing us at [email protected] 

5. Content You Create

a. Your Intellectual Property Rights

You own and retain all rights to your data and your code for customizing the Brandspot + platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy.  If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under this Agreement. 

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringement, a decision may be made to remove access or disable access to such materials, in compliance with local laws. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. 

6. Data Stored on Our Servers

Subject to our Privacy Policy, you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, or that are paid but remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

7. Privacy & Security 

a. Login Required

In order to access some of the Services on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

b. Passwords & Security

If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

c. Disclosure to Third Party Affiliates

Subject to our Privacy Policy, you hereby grant us the right to disclose to third parties certain Registration Info about you. [Optional: The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.]

d. Non-Transferability of User Account

User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Brandspot unless acknowledged by Brandspot in writing. Brandspot has no obligation to provide you with written acknowledgment. Brandspot may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

8. Disclaimer

All content and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, we make no warranty that (a) the content or services will meet your requirements, (b) the content, services, or site will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the content or services offered will be effective, accurate, or reliable, or (d) the quality of any content or services purchased or obtained by you from the site will meet your expectations or be free from mistakes, errors, or defects.

This site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the content and services at this site, including the prices and descriptions of any products or services listed herein, at any time without notice. The content or products available at this site may be out of date, and we make no commitment to update such content or products.

The use of the services or the downloading or other acquisition of any products or content through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller of such merchandise and you.

We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any services or content available on or through this site from a third party is provided solely by such third party, and not by us or any of our affiliates.

We reserve the sole right to either modify or discontinue the site, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of free or fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these terms of use.

9. Limitation of Liability & Indemnification

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.

Further, we shall not be liable in any way for third party promises regarding our services or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the processing of orders.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.

You agree to defend, indemnify, and hold us and our Affiliates against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with:  (1) use of or reliance on information or data supplied or to be supplied by You; (2) any breach of or default under the terms or conditions of this Agreement by You; (3) the wrongful use or possession of any Brandspot Property by You; (4) any negligence, gross negligence or willful misconduct by You or your employees or agents; and/or (5) any disputes between (i) You and other Users (ii) You and your client(s) and/or (iii) your clients.

10. Termination of Use

a. Grounds for Termination

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

b. No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.

c. How to Terminate or Make Adjustments

If you, for any reason, would like to terminate your access to our Site or make adjustments, Brandspot requires written notice from the original purchaser at least 30 days before your next billing date.

11. Miscellaneous Provisions

a. Privacy

Personally identifiable information or aggregate information that you provide will be handled in accordance with Brandspot’s Privacy Policy.

When you provide access to your website/payments/content through our Site to any other parties, i.e. your customer(s), you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Brandspot. You must obtain consent from your client(s), affirmatively acknowledging that your client(s) agree(s) to be bound by your privacy policy.  Brandspot will not be held liable for your lack of consent, privacy policies or terms and conditions that are not in accordance with laws.  You are encouraged to contact legal advice for policies and agreements.

b. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in countries outside of North America. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. You are fully responsible for compliance with local laws in each jurisdiction, including Canada and the United States, that you operate, including but not limited to, the taxation of products purchased over the Internet, consent rules and privacy rules in those countries, as well as compliance regulations. Any offer for any product, Services, and/or information made in connection with this Site is void where prohibited.

c. Governing Law

This Site (excluding any Third Party websites) is controlled by our Affiliate from offices in Texas, and the statutes and laws of Texas shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue to Dallas, Texas or appropriate federal/state court of Texas with respect to such matters controlled by that court.

d. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

e. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

12. Pricing: The Client agrees to pay Brandspot $164.99 per month for use of the Brandspot + Platform.  The price includes 30 minutes of phone support and unlimited email support to assist the user with difficulties in managing the platform.  This does not include building websites, stores, products or other marketing tasks on behalf of the client, building automations or managing client work.  Additional support and service hours can be purchased per hour or in discounted bundles purchased on a subscription basis.  To purchase additional support and service hours, please email [email protected]

The fee will be charged monthly in advance by credit card for the use of the platform.  Cancellations must be made 30 days in advance with notice in writing.  

Premium services that are not included in the monthly pricing include:

Emails are limited to 15,000 per month included in the platform.   After 15,000 emails, the Client will be charged per 1000 emails.  Clients are limited to 15,000 emails per day to avoid being classified as spam unless discussed with Brandspot and workarounds created to adjust settings.  Premium actions and triggers include: AI Employee, all AI features, Exporting of spreadsheet or Google Sheets connectors, Slack Notifications, Custom Outbound Webhooks, Inbound webhooks, Date/Time Formatter, Number Formatter, Workflow, AI-Chat GPT.  These will be marked with “premium actions” or icons in the console and by using them you are agreeing to be charged per execution of these featuresPremium actions include all AI features in the console.  These will be marked as “premium actions” and you will be billed separately according to usageSMS is a premium action that can be implemented and charges will be per rates subject to the country and inbound/outbound ratesWhatsApp integrations will be billed separatelyIntegrations with other systems are premium actions that require additional charges - there may be integration fees, fees to use tools for integrations. Should these be required, the contract monthly fees will be adjusted accordinglyNew premium actions may be integrated in the future and will be marked as premium actions - should the Client use the premium actions, they will be responsible for paying for usage.  Should they refuse to pay for premium actions after usage, Brandspot will have the right to suspend usage of the platform.

13. Our use of third-party services where your information will be used: Brandspot + uses the following services where your information is stored in a secure manner and Brandspot and it's clients by default agree to the terms of service of our partners: Highlevel is our platform partner- terms of service can be found here: https://www.gohighlevel.com/terms-of-service-3-4-2021

Registration

Brandspot is a registered business in Ontario, Canada

Last updated: May, 2025