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Brand Starter Kit

terms & conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

  • 1. PARTIES. In consideration of the access to and use of the Brand Starter Kit software platform (the “Platform”) and the value you will gain by using the Platform, you hereby agree to these Mobile Platform Terms of Service. These Terms of Service are entered into between you (hereinafter “you” or the “Client”) and Brand Starter Kit, Inc. (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.
  • 2. ACCEPTANCE OF TERMS OF SERVICE. The following Terms of Service (“Terms”) govern your use of and access to the Platform. These Terms are legally binding and it is your responsibility to read them before you begin to use or access the Platform. Your act of purchasing access to the Platform and/or using the Platform constitutes your acceptance of these Terms, including any modifications or updates that Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Company or the Company’s Platform.
  • 3. FEES AND REFUND POLICY. Access to the Platform requires a one-time upfront payment of $97.00. This fee grants you full access to the Platform as described herein. All payments made to Company are non-refundable. You hereby give the Company authorization to charge your credit/debit card on file for any outstanding fees. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your purchase are correct and that you are authorized to use such payment instrument. You may not resell, assign, or transfer your registration or access to the Platform. We do not offer refunds or prorated credits under any circumstances, unless otherwise required by law.
  • 4. LICENSE GRANT. Company grants you a limited, non-exclusive, and nontransferable license to access and use the Platform for your personal, non-commercial use on a device owned or otherwise controlled by you.
  • 5. LICENSE RESTRICTIONS. Except as may be expressly permitted by applicable law or expressly authorized by the Platform, you shall not:
    1. a. Modify, translate, or create derivative works of the Platform.
    2. b. Rent, lease, sublicense, or otherwise transfer access to the Platform.
    3. c. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
    4. d. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
    5. e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
    6. f. use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
    7. g. use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
    8. h. frame, mirror, or otherwise incorporate the Platform or any portion of the Platform as part of any other platform, application, website, or service;
    9. i. use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform; or
    10. j. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.
  • 6. RESERVATION OF RIGHTS. You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under these Terms, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company reserves and shall retain its entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms.
  • 7. COLLECTION AND USE OF YOUR INFORMATION. You acknowledge that when you access or use the Platform, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Platform. You also may be required to provide certain information about yourself as a condition to purchasing access to or using the Platform or certain of its features or functionality, and the Platform may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Platform is subject to our Privacy Policy, which is incorporated herein. By using the Platform and providing information to or through this Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  • 8. CONTENT AND SERVICES. The Platform may provide you with access to Company's website (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Platform may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Platform's features and functionality. Any violation of such Terms of Use will also be deemed a violation of these Terms.
  • 9. GEOGRAPHIC RESTRICTIONS. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  • 10. UPDATES. Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.
  • 11. THIRD-PARTY MATERIALS. The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third- Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
  • 12. TERM AND TERMINATION. The term of your agreement to these Terms shall commence when you purchase access to the Platform or begin using the Platform and will continue in effect until terminated by you or Company as set forth herein. You may terminate your agreement to these Terms by deleting your user account on the Platform and all copies thereof from your device. Company may terminate this Agreement at any time without notice if it ceases to support the Platform, which Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms herein. Upon termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Platform and delete all copies of the Platform from your device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
  • 13. DISCLAIMER OF WARRANTIES. Access to the Platform is provided to you, the end user, "as is" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, platforms, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
  • 14. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Platform or the content and services for: (1) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages; or (2) direct damages in amounts that in the aggregate exceed the amount actually paid by you for access to the Platform. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
  • 15. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Platform or your breach of these Terms, including but not limited to the content you submit or make available through this Platform.
  • 16. EXPORT REGULATION. The Platform may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the United States.
  • 17. EARNINGS DISCLAIMER. While Company may reference certain results, outcomes or situations in connection with the Platform and the Company’s content and services, you understand and acknowledge that Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. You understand that individual results and outcomes will vary. Company cannot guarantee your success merely by your use of the Platform or your participation in the Company’s services. Any results provided in connection with Platform and the Company’s services are not guaranteed or typical.
  • 18. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of agreement to these Terms.
  • 19. WAIVER. The failure by Company to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Company’s right to enforce such provision at a later time. All waivers by Company must be in writing to be effective.
  • 20. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
  • 21. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
  • 22. NOTICES. All notices, claims, and demands made upon Company under these Terms must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
    Notice to Company:
    Brand Starter Kit, Inc.
    Attention: Amber Tollefson
    www.brandstarterkit.com
  • 23. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
  • 24. MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms or the Platform, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in New Castle County, Delaware or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
  • 25. JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of New Castle County, Delaware and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.