Brand Alerts

1) Definitions

Customer, you, your: The person or entity using the Service.
Account: Your registered account to access the Service.
Customer Data: Data you submit to the Service (e.g., brand profiles, monitored keywords, social handles, lists, tags, notes, imported contacts used for alerts or reporting).
Output / Insight Data: Insights, alerts, matches, sentiment scores, summaries, or other results generated or surfaced by the Service based on Customer inputs and third-party sources.
Documentation: Guides, specs, and support materials we provide.
Order: The plan selection, pricing, quantity (e.g., seats), and term you choose at checkout or in an order form.

2) The Service

BrandAlerts is an online platform that helps users discover, monitor, and track brand mentions, sentiment, competitor conversations, and related signals from public or authorized third-party sources. We may add, change, or deprecate features (including Beta features) at any time.

No Exclusivity or Guarantee: Insights are not exclusive to you, may also be available to others, and may contain inaccuracies or become stale. We do not guarantee volume, sentiment accuracy, coverage, business outcomes, or ROI (see §14 "Disclaimers").
Usage Limits: We may apply fair-use, rate limits, or caps on queries, alerts, monitored terms, or API calls to protect platform stability.

3) Accounts & Eligibility

You must be at least 18 and able to form a binding contract. Keep your credentials confidential and notify us immediately of any unauthorized use. You are responsible for all activities under your Account.

4) Acceptable Use

You agree not to:

Copy, modify, reverse-engineer, or create derivative works of the Service or its software;
Bypass rate limits, access controls, or intended UI/API flows;
Use scrapers/bots outside our documented/authorized interfaces;
Post, send, or store unlawful, obscene, harassing, defamatory, or infringing content;
Use Output/Insight Data to stalk, harass, or unlawfully discriminate;
Violate any laws, including marketing, privacy, export/sanctions, or consumer-protection laws;
Send spam or place unlawful calls/texts/emails (see §8 "Email & SMS Compliance");
Misuse third-party platforms or violate their terms (see §7 "Third-Party Platforms & Data Sources").

We may suspend or terminate Accounts for violations.

5) Intellectual Property & License

The Service, software, designs, and Documentation are owned by Kendall Labs or its licensors and are protected by IP laws. Subject to these Terms and your timely payment, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Service for your internal business purposes during your paid term.

Customer Data remains yours. You grant us the rights to host, process, and use Customer Data to provide and improve the Service, and to create Aggregated/De-identified Data that no longer identifies you (which we may use for analytics, benchmarks, and product improvement).
Feedback: If you provide ideas or feedback, you grant us a royalty-free, perpetual license to use them without restriction.

6) Subscriptions, Trials, Renewals, Cancellations & Refunds

Plans & Billing. The Service is sold as subscription plans (monthly or annual) and/or usage tiers. You authorize us (and our payment processor) to charge your payment method for recurring fees, taxes, and overages in accordance with your Order.

Trials & Promotions. If offered, trials run for the stated period. At the end of a trial, unless you cancel, your subscription converts to the selected paid plan and auto-renews at then-current rates.

Auto-Renewal. Subscriptions auto-renew for consecutive terms unless you cancel before the current term ends. We'll provide a clear disclosure of pricing, renewal frequency, and how to cancel, obtain express informed consent before first charge, and offer a simple online cancellation method consistent with applicable negative-option/auto-renewal rules.

Price Changes. We may change pricing or fees; changes apply on renewal and we'll notify you in advance when required.

Cancellations. You can cancel in-app or by contacting support at least 5 business days before renewal. Cancellation stops future charges but does not trigger refunds; access continues until the end of the paid term.

Refunds. All fees are non-refundable unless required by law or expressly stated otherwise in an Order or a written policy from us. We may, at our discretion, issue service credits.

Taxes. Fees exclude taxes; you're responsible for all applicable taxes, duties, or withholdings (other than our income taxes).

Chargebacks. Disputing a valid charge via chargeback may result in immediate suspension; please contact support first to resolve any billing questions.

7) Third-Party Platforms & Data Sources

The Service may surface or interact with third-party sites, platforms, or APIs (e.g., social networks, maps, business directories). We are not affiliated with such platforms and do not control third-party content or availability. Your use must comply with the third-party terms and policies. We may modify or disable integrations at any time if required by a third party or by law. You bear responsibility for any actions you direct us to perform on your behalf via those platforms.

8) Email, SMS, Calling & Marketing Compliance

If you use the Service or integrations to send or trigger emails, texts, or calls (for example, alerts, notifications, or outreach to contacts you upload or sync), you must comply with applicable laws and rules, including:

CAN-SPAM for commercial email (e.g., truthful headers/subjects, physical address, and opt-out).
TCPA / FCC for texts/calls (e.g., obtain prior express written consent where required; honor revocation in any reasonable manner; and note that the "one-to-one consent" standard applies to a single seller).

You represent and warrant that you have all necessary consents/permissions and that you will promptly honor opt-out/STOP requests. You indemnify us for claims arising from your noncompliant messaging (see §15).

Standard carrier messaging rates may apply. We may throttle, filter, or suspend messaging to protect recipients and comply with law.

9) Privacy, Security & Data Processing

Our Privacy Policy explains how we collect and use personal data. Where required, we will offer a Data Processing Addendum (DPA) for customers subject to GDPR/UK GDPR and will publish a list of sub-processors upon request. We implement reasonable administrative, technical, and physical safeguards appropriate to the nature of the data and our role as a SaaS provider.

Upon termination or expiry, we will delete or return Customer Data in accordance with our retention schedules and applicable law, subject to allowed backups and legal holds.

10) Ownership of Output / Insight Data; Use Restrictions

During your paid term, we grant you a nonexclusive, nontransferable right to use the Output/Insight Data internally for your brand, marketing, and communications activities, subject to applicable laws and third-party rights. You may not resell the Output/Insight Data as a stand-alone data product or use it to create a competing data or monitoring service.

11) Confidentiality

Each party may receive Confidential Information of the other (non-public information identified as confidential or reasonably understood to be confidential). The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it to third parties except to its personnel/contractors under similar duties of confidentiality. Exclusions: information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.

12) Service Availability & Support

We strive for high availability but do not guarantee uninterrupted Service or any specific SLA unless stated in an Order. Scheduled maintenance and third-party outages may affect availability. Support channels and hours are stated in the Documentation or your plan.

13) DMCA Policy

We respect copyright. If you believe content accessible via the Service infringes your copyright, send a compliant DMCA notice to our designated agent (below). Upon receiving a proper notice, we may remove or disable access and, when appropriate, terminate repeat infringers. See 17 U.S.C. §512 for notice/counter-notice details and agent designation requirements.

DMCA Agent (Designated Under 17 U.S.C. §512(c)):

Kendall Labs LLC – DMCA Agent

Email: info@brandalerts.ai

Address: 125 Church Street Unit 90-127 Pembroke, MA, 02359

Phone: 510-800-2593

14) Disclaimers

THE SERVICE, OUTPUT/INSIGHT DATA, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. We do not warrant that the Service will be error-free, secure, or uninterrupted; or that Output/Insight Data is accurate, complete, or timely.

AI/Heuristic Outputs. Portions of the Service may use AI or heuristic models. Outputs may be probabilistic, contain errors, or reflect biases. You are solely responsible for verifying outputs before relying on them.

15) Indemnification

You will defend, indemnify, and hold harmless Kendall Labs, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your Customer Data or use of Output/Insight Data; (b) your violation of these Terms or applicable law (including messaging and privacy laws); or (c) your use of third-party platforms via the Service.

We will promptly notify you of claims and reasonably cooperate at your expense. You will not settle any claim without our written consent if it imposes obligations on us or admits liability on our behalf.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KENDALL LABS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS/SERVICES—EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR YOUR INDEMNIFICATION OBLIGATIONS, OUR AGGREGATE LIABILITY RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain exclusions/limits, so they may not apply.

(Common SaaS carve-outs often exclude IP infringement, gross negligence, or willful misconduct from a cap; consult counsel if you want those carve-outs.)

17) Government Use

If you are a U.S. government entity, the Service is a "commercial item" as that term is defined at 48 C.F.R. §2.101, and government rights are limited to those customary for commercial items.

18) Export Controls & Sanctions

You represent that you are not located in, organized in, or a resident of any country or on any list subject to comprehensive U.S. sanctions/embargoes, and you are not an SDN or otherwise restricted party. You will comply with all applicable U.S. export control and economic sanctions laws/regulations.

19) Electronic Communications & E-Sign Consent

You consent to receive notices and communications electronically (e.g., in-app, email). Electronic signatures/records are valid and enforceable to the extent allowed by the E-SIGN Act and UETA.

20) Publicity

Unless you opt out by emailing info@brandalerts.ai, you grant us the right to use your name and logo to identify you as a customer on our website and in marketing materials.

21) Suspension & Termination

We may suspend or terminate access immediately if (a) you breach these Terms; (b) your use creates security, legal, or platform-integrity risk; or (c) required by law or a platform partner. You may terminate at any time per §6. Upon termination, your rights to use the Service end; we may retain minimal data as required by law or for legitimate business purposes per our Privacy Policy.

22) Third-Party Links

Linked websites are not under our control, and we are not responsible for their content or policies. Use them at your own risk.

23) Severability; Waiver; Assignment; Entire Agreement

If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the remainder remains in effect. Failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with corporate transactions. These Terms (plus your Order and any DPA) are the entire agreement, superseding prior agreements on the subject.

24) Dispute Resolution; Arbitration; Class-Action Waiver

Governing Law & Venue. These Terms are governed by the laws of New York, without regard to conflicts of laws. Courts in New York County, New York have exclusive jurisdiction for any judicial proceedings not subject to arbitration.

Arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the AAA under its Commercial Rules. Either party may seek injunctive relief in court to protect IP or Confidential Information. Class-Action Waiver: Disputes must be brought individually; no class actions or consolidated proceedings.

(If you target consumers, have counsel confirm your arbitration/class-action language complies with current consumer-protection requirements.)

25) Notices; Contact

Kendall Labs LLC