BrandJet Terms of Service

Welcome to BrandJet, a brand monitoring and analytics platform provided by NJ Media LLC (doing business as BrandJet), headquartered in Seattle, Washington. These Terms of Service ("Terms") govern your access to and use of BrandJet's website, applications, and subscription services (collectively, the "Service"). By accessing or using our Service, you acknowledge that you have read and agree to be bound by these Terms.

If you do not agree with any part of the Terms, you must not use the Service. Authority and Eligibility: You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into this agreement.

If you are using the Service on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms. The Service is intended for use by businesses and individuals for professional purposes and is not directed to minors. BrandJet does not knowingly permit anyone under 18 to use the Service.

Privacy Policy: Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy. Please review the Privacy Policy carefully (it is provided below in this document).

To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Account Security: You must use a strong, unique password and not share it with any third party. Notify us immediately at support@brandjet.ai if you suspect any unauthorized access to or use of your account.

BrandJet will not be liable for any loss or damage arising from your failure to safeguard your account. You may not select or use a username that is obscene, offensive, or impersonates someone else (e.g. a name or trademark you don't have rights to). We reserve the right to reclaim or require you to change your username if it violates someone's rights or these Terms.

BrandJet provides subscription-based online services for real-time brand monitoring, sentiment analysis, and analytics across various platforms. Key features include 24/7 monitoring of brand mentions on social media (e.g. Twitter/X, Reddit), news sites, and YouTube; AI-powered sentiment scoring and context analysis; proactive crisis detection alerts; and comprehensive brand performance analytics. The Service may also include AI search monitoring, allowing you to track how your brand appears in AI platforms (such as ChatGPT or Claude). These features are provided as part of your subscription for your internal business use. While we strive for high accuracy (e.g. sentiment analysis with ~95% accuracy), you acknowledge that all insights, analyses, and alerts provided by the Service are for informational purposes only and not guaranteed to be error-free or suitable for any particular decision or outcome (see Disclaimer of Warranties below).

Free Trial: We offer a one-time free trial of the Service for a period of 7 days. The free trial allows you to access the Service's features at no charge so you can evaluate it. The trial period will automatically end after 7 days, unless you convert to a paid subscription before the trial ends. If you do not wish to continue with a paid plan, you must cancel before the trial period expires; otherwise, your account will automatically convert to a paid subscription and we (or our payment processor) will charge the payment method on file beginning the day after the trial ends.

If you cancel during the free trial, you will not be charged. Subscription Plans: BrandJet offers subscription plans (e.g. monthly or annual plans) with auto-renewal. All fees for subscriptions are billed in advance on a recurring basis (e.g. charged at the start of each billing period) and are non-refundable.

You authorize BrandJet (or its designated payment processor) to charge your chosen payment method for the initial term and each renewal term until cancellation. If you upgrade or downgrade your plan, the new rate will take effect from your next billing cycle unless stated otherwise (any mid-cycle upgrades may be charged pro rata or immediately as per the plan terms). No Refunds: Except where required by law, all payments are final. BrandJet has a no-refunds policy on fees paid. This means we do not provide credits or refunds for any unused period of a subscription, for partial months, or for downgrades or unused features.

For example, if you cancel your subscription in the middle of a month or year, you will not receive a refund for the remaining days of that billing period. Likewise, if you move from a higher plan to a lower plan, the change will take effect at the next billing cycle and no prorated refund or credit is given for the difference. Please note: there are no exceptions to this policy.

Payment and Taxes: You must provide a valid payment method (e.g. credit card or other accepted method) and accurate billing information. If you pay by credit card, you represent that you are authorized to use the card and you authorize us to charge all fees to that card. Subscription fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for any applicable taxes (other than taxes on our income). If your payment is past due, we may suspend or terminate your access to the Service. We reserve the right to change our subscription fees and will give you advance notice of any rate changes (e.g. via email or via the Service); any fee change will apply only after the end of your current subscription term, so you can cancel before the new fees apply if you do not agree.

Cancellation by You: You may cancel your subscription at any time by contacting us or using any self-service cancellation feature provided. If you cancel, the cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the period that you already paid for, but your subscription will not renew thereafter. You will not receive any refund for the remaining days in the billing period after cancellation, in accordance with our no-refund policy.

Termination or Suspension by Us: We reserve the right to suspend or terminate your account (or restrict your access to certain features) at any time, with or without notice, if: (a) you violate these Terms or use the Service in a way that is unlawful or that poses a security risk; (b) your payment is significantly overdue (for example, if subscription fees are more than 30 days past due, we may suspend service until payment is made, and if 90 days past due we may terminate and delete your data); or (c) we discontinue the Service or any portion thereof. In most cases, we will attempt to provide advance notice and an opportunity to cure a violation (when feasible) before termination, but we are not required to do so. If your account is terminated or downgraded (whether by you or by us), we may permanently delete all associated data after a reasonable period, and you agree that we have no liability for deletion of your data in such cases. It is your responsibility to export any important data before cancellation or termination.

You agree to use BrandJet only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.

You are responsible for all actions taken under your account, including any content or data you input into the Service or retrieve via the Service. Prohibited Uses: In using BrandJet, you agree NOT to:

• Use the Service in any manner that infringes or misappropriates any third party's intellectual property rights, privacy rights, or other rights, or that violates any law or regulation.
• Attempt to probe, scan, or test the vulnerability of the Service or our systems, or breach any security or authentication measures, nor engage in any activity that could disrupt or interfere with the Service's functioning (including by uploading viruses, worms, or harmful code).
• Use the Service to store or transmit any content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable (for example, content that is hateful or violates others' rights). You understand that in using the Service you may encounter third-party content that could be offensive or inaccurate, and you waive any legal claims against BrandJet arising from your exposure to such content.
• Reverse engineer, decompile, or otherwise attempt to discover the source code or underlying trade secrets of the Service, nor create derivative works based on the Service, except to the extent expressly permitted by law (despite this limitation).
• Share your account or login credentials with others (except authorized users in your organization, consistent with your plan). Each user must have their own account; you will not allow multiple individuals to use the Service as a single user login.
• Use the Service in a way that imposes an unreasonable or disproportionately large load on our infrastructure, or that attempts to scrape or collect data from the Service in an automated fashion not authorized by us.
• Misuse the Service to monitor or target individuals in violation of their privacy rights or applicable data protection laws. While BrandJet aggregates publicly available information, you are responsible for ensuring that your use of the Service's data (e.g. personal data from social media mentions) complies with applicable laws and regulations.

Our Service may include integrations or interoperability with third-party services. For example, you may have the option to connect or link your BrandJet account with third-party accounts such as Google Analytics, social media platforms, or other services in order to import data or enable certain features. By linking an external account, you authorize BrandJet to access that third-party account (using the credentials or tokens you provide) and retrieve or transmit any information from that account which is necessary to provide our Service.

You represent that you have the right to grant this access and that such linking does not violate the third party's terms and conditions. Third-Party API Use: The information we can access from a linked account depends on the permissions you grant and the third party's policies. When you integrate a third-party service, you must comply with that service's own terms of use and privacy policy.

BrandJet is not responsible for the content or operation of third-party services. We do not guarantee the continued availability of any integration: third-party providers may change or terminate their services, which can affect features of our Service. If a third-party API or service becomes unavailable or is limited, BrandJet will not be liable for the lack of performance of features dependent on that service.

Disclaimer for Third-Party Content: BrandJet might fetch and display content from third-party platforms (for example, showing a tweet or a YouTube video that mentioned your brand). Such content is provided "as is" from the external source for your convenience. BrandJet does not edit or endorse third-party content, and we are not responsible for its accuracy, legality, or appropriateness. All third-party logos or trademarks displayed remain the property of their respective owners and do not imply any affiliation or endorsement by those third parties.

BrandJet's IP: All rights, title, and interest in and to the Service, including all software, technology, algorithms, content provided by us, trademarks and trade names, the "look and feel" of the platform, and any other intellectual property, are owned by BrandJet (or its licensors). The Terms do not grant you any ownership rights in the Service or its content. We only grant you a limited, revocable, non-exclusive, non-transferable right to use the Service during your subscription term, solely for your internal business purposes and in accordance with these Terms.

You agree not to reproduce, distribute, modify, or create derivative works of any portion of the Service except as explicitly allowed by us. Your Data and Content: "Your Data" refers to any data or content you submit to the Service or that you authorize us to retrieve on your behalf (for example, information from your linked accounts or any configurations, keywords, or reports you input). You retain all rights to Your Data. These Terms do not grant us ownership of Your Data. However, you grant BrandJet a worldwide, royalty-free license to use, host, copy, and process Your Data for the purpose of providing the Service and as otherwise necessary for our legitimate business operations (for example, backing up data, displaying it to you, or aggregating it in anonymized form to improve our algorithms). We will maintain appropriate administrative, physical, and technical safeguards to protect Your Data as described in our Privacy Policy. Please ensure that you have all necessary rights (and any required consents) to submit or allow access to any data you provide to BrandJet, especially data retrieved from third-party accounts.

Feedback: If you send us any feedback or suggestions regarding the Service (e.g. ideas for new features or improvements), you agree that we may use and implement those ideas without any compensation or obligation to you. Such feedback is entirely voluntary, and we are free to use it as we see fit and own any improvements or new features that may result.

BrandJet aims to provide continuous, reliable service for our customers. However, we do not guarantee that the Service will be available 100% of the time. From time to time, the Service may be inaccessible or inoperable due to scheduled maintenance, technical issues, or causes beyond our control (such as internet outages or third-party platform disruptions).

We strive for a high uptime and will make commercially reasonable efforts to inform you of major scheduled downtime in advance. We provide standard customer support via email at support@brandjet.ai. While we strive to respond promptly and assist with any issues, no specific response times or resolutions are guaranteed under these Terms. (Any enhanced support or uptime commitments would be as set forth in a separate service level agreement, if we have explicitly agreed to one with you; otherwise, the Service is provided as-is.)

"As-Is" Service: BrandJet provides the Service on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, we disclaim all warranties and representations of any kind, whether express, implied, or statutory, regarding the Service and its performance. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

In particular, we do not warrant that: (a) the Service will meet all of your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; or (c) the data and results obtained from the Service (such as sentiment scores, alerts, analytics or any content fetched from third-party sources) will be accurate or reliable. You understand and agree that use of the Service is at your own risk.

Any material or data obtained through the Service is provided without any warranty and you will be solely responsible for any damage or loss that results from use of any part of the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you to the extent disallowed by law. In such cases, our warranties are limited to the minimum scope permitted by applicable law.

To the fullest extent permitted by law, BrandJet and its parent company, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, loss of data, or loss of business opportunities, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory. Furthermore, in no event shall BrandJet's total cumulative liability to you for all claims arising under or relating to these Terms or the Service exceed the amount of fees you have paid to BrandJet in the 12 months prior to the event giving rise to the liability.

If you have not paid any fees (for example, if you are using a free trial or free service), BrandJet's total liability shall not exceed US $100. This limitation of liability is an essential basis of the bargain between us and you, and we would not be able to provide the Service without such limitations. Because some jurisdictions do not allow certain liability exclusions or limitations, some of the above limitations may not apply to you. In that event, BrandJet's liability will be limited to the maximum extent permitted by applicable law. Nothing in these Terms is intended to exclude or restrict liability that cannot be lawfully excluded – for example, liability for death or personal injury caused by our gross negligence or willful misconduct, or any statutory liability that cannot be limited under law.

You agree to indemnify, defend, and hold harmless BrandJet (NJ Media LLC) and its affiliates, officers, agents, and employees from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Service; (b) your violation of these Terms; (c) any content or data you submit, post, or transmit through the Service (including any allegations that such content infringes or misappropriates the rights of a third party or has caused harm to a third party); or (d) your violation of any law or regulation in connection with your use of the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), in which event you agree to cooperate with us in asserting any available defenses.

BrandJet may revise or update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on our website or within the Service. The revised Terms will be effective when posted, or if we notify you by email, as stated in our notice. By continuing to use the Service after any changes to the Terms take effect, you agree to be bound by the updated Terms.

If you do not agree to the revised Terms, you must stop using the Service and, if applicable, cancel your subscription. For clarity, the "Last Updated" date at the top of this document indicates when these Terms were last revised. We encourage you to review the Terms periodically to stay informed of any updates.

These Terms (and any disputes or claims arising out of or related to them or the Service) are governed by the laws of the State of Washington, USA, without regard to its conflict of law principles. Jurisdiction: Except where prohibited by applicable law, you agree that any dispute or claim shall be brought exclusively in the state or federal courts located in Seattle, Washington, and you consent to the personal jurisdiction of such courts for the purpose of litigating any such dispute. Notwithstanding the foregoing, BrandJet may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Arbitration and Class Action Waiver (if applicable): At our sole discretion, we may require any dispute arising under these Terms to be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) rather than in court. If arbitration is enforced, it will be conducted by a single neutral arbitrator in Seattle, Washington (or another mutually agreed location), and judgment on the arbitrator's award may be entered in any court having jurisdiction. You and BrandJet agree to arbitrate on an individual basis only, and not as a class or collective action, and you waive any right to bring or participate in a class action against BrandJet. If this class action waiver is deemed unenforceable, then any purported class action must proceed in court and not in arbitration. (This arbitration clause does not apply to the extent it is prohibited by the law of your jurisdiction. For instance, if you are an EU consumer, you retain the right to pursue claims in your home country.)

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder of the Terms will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision in the future.

Entire Agreement: These Terms, together with the Privacy Policy and any additional agreements or addenda you may enter into with us (such as an Order Form or Service Level Agreement, if applicable), constitute the entire agreement between you and BrandJet regarding the Service, and supersede all prior or contemporaneous agreements, understandings, and communications relating to the subject matter hereof.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms (in whole or part) as part of a merger, acquisition, sale of assets, or by operation of law, or to any affiliate, without your consent. These Terms will bind and inure to the benefit of the respective successors and permitted assigns of the parties.

No Third-Party Beneficiaries: These Terms do not confer any rights or remedies on any person or entity other than the parties to this agreement and their permitted successors and assigns.

Relationship of the Parties: You and BrandJet are independent contractors, and nothing in these Terms will be construed as creating a partnership, franchise, joint venture, agency, fiduciary or employment relationship.

Notices: We may send you notices, including those regarding changes to these Terms, by email to the address associated with your account, by postal mail (if you have provided a mailing address), or by postings within the Service. You consent to receive electronic communications from us. You are responsible for providing BrandJet with your most current email address. Notices to BrandJet should be sent to support@brandjet.ai unless a more specific channel is provided. If you have any questions or concerns about these Terms, please contact us at