Terms of Service
Last updated: May 18, 2021
Please read these Terms of Service carefully before using our Services.
Interpretation and Definitions
The following definitions and those set in quotes " " shall have the same meaning regardless of whether they appear in singular or in plural form.
For the purposes of these Terms of Service:
Brandstronaut (referred to as either "Brandstronaut ", "we", "us" or "our" in this Terms of Service) means Brandstronaut LLC. A Florida Limited Liability Company located in 1717 Rodman ST #16, Hollywood, FL 33020.
You (referred to as either "Client", "you", or "your" in this Terms of Service) means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
Pricing Page refers to a web page that contains most of our Services here: www.brandstronaut.com/pricing
Client Website refers to the website that Brandstronaut creates for you.
Affiliates refers to an entity that controls, is controlled by or is under common control with the Company, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
EU Consumer refers to a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
Welcome to Brandstronaut’s Terms of Service!
These Terms of Service ("Terms") is a legally binding contract that shall govern the purchase of, access to, and use of, in any manner including but not limited to web design, web development, user experience, graphic design, business consultation, website auditing, website hosting, website support, website registration, copywriting, logo design, marketing services, content creation, and API management (collectively, the "Services") provided by Brandstronaut including without limitation on the websites and associated domains of www.brandstronaut.com and on Brandstronaut mobile, web and applications (collectively the "Company Website").
By accessing or using the Services, you represent that:
- You can legally engage in a contract in the United States of America in the State of Florida ("Country").
- You are over the age of 16. Brandstronaut does not permit those under 16 to use the Services. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
If you do not accept the Agreement and all terms and conditions set forth within, you should not purchase or use, in any manner, Services from Brandstronaut or, if you already purchased the Services, You should contact us immediately to terminate the Services. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.
Staying In Accordance Of The Law
Brandstronaut is required to follow any and all regulation in the Country. This provision applies to all Services provided and maintained by us, whether located in the Country or in any other country.
Deadlines & Client Delays
Paid Services vary by the length of time that is specified on the Pricing Page, and depend on website complexity, additional requested work, and timely access to the text, photos, images, audio, video, fonts, logos, stickers, code and any other materials ("User Content") used for the Client Website. All Paid Services have an estimated deadline submitted on a per-project basis by your designated project manager ("Agent"), but we cannot guarantee that all deadlines will be met exactly as stated on the Pricing Page.
There are three types of payments types available for all Paid Services:
- One Time Payments - a non-refundable, single payment made on the date you enter in Agreement with Brandstronaut by purchase of Paid Services ("Effective Date").
- Subscription Payments: - a recurring payment you make on the Effective Date that automatically renews after a certain period of time. Brandstronaut provides two types of Subscription Payment:
- Monthly Subscription – a recurring payment you make either every month (30 days) from the Effective Date, and continue to pay every month (1) until you or Brandstronaut cancel or terminate the Paid Services
- Yearly Subscription – a recurring payment you make either every year (365 days) from the Effective Date, and continue to pay every year until you or Brandstronaut cancel or terminate the Paid Services.
For Subscription Payments, Brandstronaut will automatically charge you the applicable amount using the payment method you have on file with us on your Account, and by agreeing to this Agreement, you authorize us to do this. You’re required to make Subscription Payments for a minimum of one year of Service to qualify to stop your Subscription Payments and cancel your Paid Services ("Contract Period"). After the Contract Period you can choose to download your code, designs, animations, icons, layouts, and templates ("Web Files") and transfer your domain to another hosting provider or to ensure uninterrupted service you can choose to continue making Subscription Payments. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services. If you have any questions about your bill you can email us at [email protected] ("Billing Email").
Paid Services may include additional fees and transaction fees that Brandstronaut will tell you about before charging you. You may cancel Paid Services at any time via your Account or by Billing Email. Brandstronaut’s fees will appear on an invoice that we provide within your Account or via email, unless otherwise indicated. It is your responsibility to ensure that all billing information on file with us is accurate and that the credit card or other automated payment method on file is sufficiently funded for processing. If any account is not paid in full by the end of the first day ("Due Date"), the account will be subject to a "Late Fee" of $35.00 USD.
If Brandstronaut doesn’t receive your full payment from you for our Paid Services ("Non-Payment") after five (5) days, Brandstronaut reserves the right to suspend your Paid Services. If your account is suspended you will be require to pay your bill with a Late Fee, and an additional "Restoration Fee" of $100.00 USD to have your Paid Services restored. After thirty (30) days following the suspension of Services, you can choose to:
- Pay your last bill, Late Fee, and the Restoration Fee to re-activate your Paid Services
- Pay for one year worth of Paid Services and transfer your domain to another hosting provider.
- Don’t pay and let Brandstronaut permanently seize your domain, removed your Web Files, and submit your account to third-party collections and report you to all major credit bureaus.
If further legal action is required to collect a debt, you agree to pay all of Brandstronaut' associated costs, including court costs and reasonable attorney’s fees. Brandstronaut shall not be liable for any damages or losses as a result of suspension or termination due to Non-Payment.
All disputes and overcharges must be reported directly to Brandstronaut via our Billing Email, within thirty (30) days or you will be subjected to our Non-Payment Policy. Any Client that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or Stripe ("Dispute") will have Services immediately suspended or terminated pending investigation. You agree to pay a "Chargeback Fee" of $100.00 USD per Dispute regardless of the actual validity of the charge.
All fees are exclusive of applicable national, provincial, state, local or other taxes ("Taxes"), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable; only apply from and after the date we receive such documentation. If Brandstronaut has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Brandstronaut does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
Brandstronaut may change fees at any time. We’ll provide you with advance notice of these fee changes via your email. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
Brandstronaut offers money back guarantee for web design Paid Services only. No refunds are offered on all other Paid Services including but not limited to website hosting, support, website audits, consultations, purchase of a dedicated IP address, software license, domain registration or transfer fees. The refund window closes after 7 days from the date that Brandstronaut delivers the completed Client Website to the Client ("Delivery Date"). Refunds are not offered for Accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new Clients. If you previously had Services with Brandstronaut, whether or not a refund was received, you will not be eligible for a refund. We will not return the money charged by procesing fees from our Credit Card Processor. Brandstronaut reserves the right to refuse a refund at any time for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to 2-3 weeks for processing. We do not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered 7 days after the Delivery Date.
Third-Party services purchased via the Services may be subject to different refund or other policies that those third-party services determine, and such third-party services may be non-refundable. The purchase terms and conditions for such third-party services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a third-party service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of third-party services.
Cancelling Subscription Payments before your Contract Period will subject you to our Non-Payment Policy. Under the Cancellation Policy you may cancel the Paid Services by providing no less than forty-eight (48) hours prior notice via Billing Email. We do not accept cancellations via social media messages, telephone, live chat, or any other method except by Billing Email. If cancellation notice is not received within the required time frame, you will be billed for the next Subscription Payment, and be responsible for payment as set forth above. The 48 hours is strictly enforced.
Refusal of Service
Brandstronaut reserves the right to refuse Service to anyone at any time.
Termination of Services
Brandstronaut reserves the right to suspend or terminate the Agreement and associated Services at any time without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Service will cease immediately. Brandstronaut is not responsible for any damages or losses resulting from such termination or suspension of Services.
Brandstronaut retains the right to add, modify, or remove any or all features from any Services we provide at any time without notification. This includes, but is not limited to, disk space, bandwidth, domain limits, pricing, and 3rd party applications and programs. Changes can be made for any reason. We do not guarantee the use of any feature, whether written, stated or unstated. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please cancel the Service.
You are required to utilize as little server resources as possible, so as to allow for reasonable performance by all of our Clients. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other Clients. Brandstronaut reserves the right to suspend or terminate Services on any Account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Brandstronaut guarantees that Client Websites that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are available only for future services/invoices and will not be issued as refunds. All credit requests must be sent by Billing Email no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required time frame will not be accepted – no exceptions. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, Client fault/error, issues with Client ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (VDS) or Dedicated Server packages. We reserve the right to deny any credit request for any or no reason.
Brandstronaut will provide guaranteed technical support and website revisions to the Client Website only during currently stated business hours on the Company Website. Any support provided outside of these hours is not guaranteed and will be given at our discretion. The main method of support will via email at [email protected] ("Support Email"). Submissions will be handled as promptly as possible and there is no time guarantee as to a response time.
Premium Paid Support Policy
Support to the Client is limited to our expertise. Support is available for issues related to the functioning of the Services that Brandstronaut provides. We do not provide support for third party software or applications. We retain the right to refuse support for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by Client error.
Abusive actions toward Brandstronaut, Affiliates, and Agents will not be tolerated. Use of inappropriate language, threatening statements or anything else that we find will be subject to suspension or termination of Services without a refund. This includes threats of a lawsuit, slander, libel and negative public posts intended to harm Brandstronaut.
Brandstronaut will make every effort to ensure domain names are registered, transferred, or renewed in a timely fashion. If a domain name registration, renewal, or transfer is not processed when at the proper time, it is your responsibility to contact us within fifteen (15) days to rectify. Liability is limited to the cost of the domain name.
Each Client Website is assigned a shared IP address. This IP address is shared with other Client websites on the same server. You may request a dedicated IP Address for an additional fee of $100 per month, and is billed according to your Subscription Payment.
Acceptable Use Policy
You may only use Brandstronaut Services that comply with all local, state and Federal Laws of the Country. Transmission, storage, or presentation of any information, data, or material in violation of local, state or United States law is prohibited and Services will be terminated immediately. Any illegal activity will be reported to the proper authorities. This includes, but is not limited to: copyright infringement, threatening or obscene content, or content protected by trademark, copyright or any other valid law or statute. You agree to indemnify and hold harmless Brandstronaut from any claims resulting from the use of the service which damages the Client or any other third-party affiliates. The following content, links, or actions would constitute a violation of the Agreement: Pornography | Child Pornography: Hosting or Distributing and/or Linking to Pornography Involving a Person Under Legal Age | Copyright Infringement: Hosting, Distributing, or Linking to Copyright Infringed Content. | CPU/Memory/Resource Abuse: Consuming Excessive Amounts of a Server Causing Performance Issues | DDoS Source: Source of Distributed Denial of Service Attack | DDoS Target: Target of Distributed Denial of Service Attack | Forgery: Faking an IP Address, Hostname, E-Mail Address or Header | Fraudulent Site: Hosting or Linking to a Website Intended to Deceive the Public | HYIP: Hosting or Linking to any High Yield Investment Program Website | Identity Theft: Hosting, Distributing, or Linking to Stolen Account Information | Infection: Hosting, Distributing, or Linking to Exploits, Trojans, Viruses or Worms | IRC: Hosting Internet Relay Chat Server not Authorized by Gregory & Alexander Hosting Services | Mass Storage: Storing Mass Amounts of Backups, Archives, Videos, etc | Phishing: Identity Theft by Email through False Pretense | Proxy Site: Hosting an Anonymous Proxy Server | Spam Email: Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) | Spam List: Hosting, Distributing, or Linking to Email Address Lists with intent to Spam | Spam Site: A Site Advertised by Spam Email or Spam Web pages | Ad Ware: Hosting, Distributing, or Linking to Software Designed for Spam | Spam Web: Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums or Guestbooks | Spamhaus: Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity | Terrorist Site: Hosting or Linking to a Site displaying or supporting Terrorism | Toolz: Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or any other Illegal Activity | Warez: Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz or Pirated Software |. Restrictions on Storage Space Usage: All Accounts are subject to the following restrictions on storage space usage: Accounts must have valid, working websites, and not violate any previously subscribed terms Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion Accounts are not for us of mass distribution of files, such as torrents or mirrors Any account found violating these terms may be suspended or terminated without warning.
Brandstronaut does not guarantee the availability of host locations and reserves the right to add, move, modify, or remove any hosting location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any reason.
You expressly agree to use Brandstronaut’s Service at your own risk. Neither Brandstronaut, its Agents, Affiliates, third-party providers, employees, re-sellers, merchants, license providers or the like, claim that Brandstronaut Services will not be interrupted or be free of mistakes. Nor do they make any claim as to the results that might be obtained through the use of the services or as to the accuracy or reliability of the information service or products contained in or provided through our network, unless otherwise expressly stated in this agreement. You acknowledge and accept that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
Third Party Policy
Our Services may contain links to third-party web sites or services that are not owned or controlled by Brandstronaut.
Brandstronaut has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party. You further acknowledge and agree that Brandstronaut shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Brandstronaut may include a text, icon or logo with a hyperlink to the Company Website on the Client Website establishing authorship credit ("Author Link"). This Author Link is an agreement by both Brandstronaut and you, and can be removed by either party via email. If you wish to remove the Author Link, you can do so by Support Email.
Additionally we may choose to feature your Client Website including names, trademarks, service marks or logos on our Company Website. You agree to grant Brandstronaut a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of the Client Website, or any portion of Client Website, including without limitation names, trademarks, service marks or logos on the Client Website, for the limited purpose of promotions and marketing activities for Brandstronaut. We may feature the Client Website on the Company Website, social media accounts, printed material, blogs, and newsletters. You waive any claim against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to the Client Website or names, trademarks, service marks or logos on the Client Website and any right of inspection or approval of any such use. You can opt out of being featured by Support Email. This Section does not affect any rights you may have under applicable data protection laws.
Limitation of Liability
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Brandstronaut and its Affiliates, Agents, and its and their directors, officers, and employees be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Client Websites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third-party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any third-party services or third-party sites accessed via the Services.
If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Brandstronaut has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Brandstronaut for all claims arising out of or related to the Services and this Agreement exceed the greater of ten dollars ($10) or the amounts paid by you to Brandstronaut in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, Brandstronaut is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Brandstronaut, on its own behalf and on behalf of its Affiliates, Agents, and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, 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, we provide no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, 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.
Without limiting the foregoing, neither Brandstronaut nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Brandstronaut agrees, during the Terms and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Client, or to disclose to any person, firm, or corporation without your prior written authorization, any proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to Brandstronaut by the Client either directly or indirectly ("Confidential Information"). We may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with Client personnel or authorized representatives or for any other purpose you may hereafter authorize in writing via [email protected]("Legal Email").
You unconditionally guarantee that any elements of User Content are 100% owned by you, or that you at the very least have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend Brandstronaut, its Affiliates, Agents, employees, third-party providers, and subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by us.
When you provide User Content to Brandstronaut, Affiliates, Agents, or third-party acting on our behalf, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws. You acknowledge that under this agreement the Client Website and the Web Files are legally owned by Brandstronaut, and can only be transferred to the Client after the Contract Period.
Brandstronaut represents to the Client and unconditionally guarantees that any elements of Web Files are 100% owned by us, or that we have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend you, your company, affiliates, employees, and subcontractors from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Brandstronaut.
You recognize our right, title, and interest in and to all service marks, trademarks, and trade names used by Brandstronaut and agree not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair Brandstronaut’s right, title, and interest therein, nor shall the you cause diminishment of value of said trademarks or trade names through any act or representation. You shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.
The Services are, as between you and Brandstronaut, owned by Brandstronaut, and are protected by copyright, trade secret, trademark and other US and foreign laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User Content.
You agree that we may use your reviews, suggestions, advice, feedback ("collectively, feedback") without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
If you have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by emailing us at our Legal Email. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Brandstronaut may then bring a formal proceeding.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Brandstronaut and its Affiliates, Agents, and its and their directors, officers, employees from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third-party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Brandstronaut may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
Arbitration and Waiver of Jury Trial
By using any of our Services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Brandstronaut’s choice. The arbitrator’s award is final and binding on all parties. You, the Client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Company Website may also be subject to other local, state, national, or international laws. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Broward, County, Florida, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
California Consumer Privacy Act
With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, "CCPA"), solely if applicable to you and solely with respect to data of your "Consumers" (as defined under the CCPA) which meets the definition of "Personal Information" under the CCPA and for which you are responsible under the CCPA ("Service Provider PI"), the parties agree that the Company acts as a "Service Provider" and you are a "Business" (as such terms are defined under the CCPA). Brandstronaut and the Client shall comply with our and your respective obligations under the CCPA. For example, Brandstronaut shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, Brandstronaut may: (a) use Service Provider PI internally to build and improve the quality of the Services; or (b) combine Personal Information of the End Users of you or other Businesses for which Brandstronaut is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if we have made them available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.
Last updated: September 12, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Brandstronaut LLC.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Florida, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Brandstronaut, accessible from https://brandstronaut.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected:
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Social Media Information (Facebook, Twitter, LinkedIn, Instagram)
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Account related cookies
Login related cookies
Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
Orders processing related cookies
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
As we sell products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ.
We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.
Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; FaceBook, Instagram, LinkedIn, and Twitter, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: [email protected]