Last updated: June 2025 · Effective immediately upon engagement
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client") and Brandstre Technologies ("Brandstre," "we," "us," or "our"), a business operating in New York and Florida. By engaging our services, signing a proposal, or making any payment to Brandstre, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.
If you do not agree to these Terms, you must not engage our services. Brandstre reserves the right to update these Terms at any time. Continued engagement following any update constitutes acceptance of the revised Terms.
Brandstre provides AI agent development, marketing automation, digital marketing campaigns, CRM integration, SEO consulting, web design, and related growth engineering services as described in individual proposals, statements of work, or service agreements ("Engagement Documents").
Each engagement is governed first by its Engagement Document, and secondarily by these Terms. In the event of a conflict, the Engagement Document prevails. Services not explicitly listed in the applicable Engagement Document are not included and may be quoted separately. Brandstre may engage subcontractors or third-party platforms to deliver services without prior notice to Client, provided that the quality and confidentiality obligations remain Brandstre's responsibility.
All fees are set forth in the applicable Engagement Document. Unless otherwise specified:
Payment is due upon receipt of invoice. Projects requiring custom development or onboarding may require a deposit of 50% before work commences. Recurring service fees are billed monthly in advance. Invoices unpaid after 15 days are subject to a late fee of 1.5% per month on the outstanding balance. Brandstre reserves the right to suspend services on accounts more than 30 days past due.
All fees are quoted in US Dollars. Client is responsible for any applicable taxes, duties, or governmental charges on services received. Payments are non-refundable except as expressly stated in the Engagement Document or required by applicable law.
Upon receipt of full payment for the applicable engagement, Brandstre assigns to Client all rights, title, and interest in custom deliverables created specifically for Client under that engagement, including custom AI agent configurations, website code, and written content produced exclusively for Client.
Brandstre retains ownership of all underlying frameworks, tools, methodologies, templates, pre-existing code libraries, and proprietary systems used in the delivery of services ("Brandstre IP"). Client receives a non-exclusive, non-transferable license to use Brandstre IP solely as embedded in the deliverables provided.
Client warrants that all materials provided to Brandstre (logos, content, data, brand assets) are owned by Client or properly licensed, and that their use by Brandstre will not infringe any third-party rights.
Both parties agree to keep confidential all non-public information received from the other party in connection with the engagement ("Confidential Information"), and to use such information solely for the purposes of the engagement. Confidential Information does not include information that is publicly available, independently developed, or rightfully obtained from a third party.
These obligations survive termination of the engagement for a period of three (3) years. Brandstre will not disclose Client's business data, customer information, or proprietary processes to any third party without written consent, except as required by applicable law or as necessary to deliver the services using approved third-party platforms.
Brandstre's AI agent and automation services are built on third-party AI infrastructure including, but not limited to, large language model APIs, cloud platforms, and CRM systems. Client acknowledges that:
The performance of AI systems depends on the quality and completeness of training data and inputs provided by Client. AI-generated outputs are not guaranteed to be error-free and should be reviewed by Client before use in regulated communications. Brandstre is not liable for changes in third-party platform pricing, availability, or functionality that affect service delivery. For regulated industries (financial services, healthcare, legal, real estate), Client remains responsible for ensuring all AI-generated communications comply with applicable regulations. Brandstre will configure systems to operate within stated compliance frameworks but cannot guarantee regulatory compliance as regulations evolve.
Brandstre warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Brandstre does not warrant specific business outcomes, revenue results, lead volumes, search rankings, or return on investment from any service.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Performance estimates, projections, and case study results shared in proposals or marketing materials are illustrative and not guaranteed.
To the maximum extent permitted by applicable law, Brandstre's total cumulative liability to Client for any claim arising out of or related to these Terms or any engagement shall not exceed the total fees paid by Client to Brandstre in the three (3) months immediately preceding the claim.
In no event shall Brandstre be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or business interruption, regardless of the theory of liability and whether or not Brandstre has been advised of the possibility of such damages.
Either party may terminate an engagement with 30 days' written notice. Brandstre may terminate immediately if Client materially breaches these Terms and fails to cure such breach within 10 days of written notice, or if Client fails to pay any amount due.
Upon termination, Client is responsible for all fees earned through the termination date. Brandstre will deliver to Client all completed deliverables and Client-owned data within 14 days of termination. Neither party will be liable to the other for termination in accordance with these Terms, except for obligations already accrued.
These Terms and any engagement between the parties shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.
Any dispute arising from these Terms or any engagement shall first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be resolved through binding arbitration administered in Westchester County, New York, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
Entire Agreement: These Terms, together with any applicable Engagement Documents, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
Severability: If any provision of these Terms is held unenforceable, the remaining provisions continue in full force.
Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
Assignment: Client may not assign any rights or obligations under these Terms without Brandstre's prior written consent. Brandstre may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices: All notices shall be in writing and sent to the contact information provided in the applicable Engagement Document.
If you have any questions about these Terms and Conditions, please contact us before engaging our services.