Terms of Service
Last updated: February 2026
1. Acceptance of Terms
By accessing or using BrandAmplifi (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and BrandAmplifi(“we,” “us,” or “our”). We reserve the right to update or modify these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or in-platform notification at least thirty (30) days before they take effect.
2. Description of Service
BrandAmplifi provides an AI-powered reputation and review management platform. The Service includes, but is not limited to: automated review monitoring and response generation, AI-driven content creation and publishing, competitive intelligence and benchmarking, business listing management and NAP (Name, Address, Phone) consistency monitoring, search engine results page (SERP) tracking, customer sentiment analysis, survey distribution and feedback collection, review solicitation campaigns, social media content scheduling, and analytics dashboards. The specific features available to you depend on your subscription plan. We may add, modify, or discontinue features at any time with reasonable notice to active subscribers.
3. User Accounts
To use the Service, you must create an account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys issued to you. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your account. You are responsible for all activities that occur under your account, whether or not you have authorized such activities. We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised. You may not share your account credentials with third parties or allow multiple individuals to use a single account unless your subscription plan expressly permits multi-user access.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You may not use the Service to: publish false, misleading, or defamatory content; harass, threaten, or harm any person or entity; violate any intellectual property rights; transmit malware, viruses, or other malicious code; engage in unauthorized data collection or scraping; attempt to gain unauthorized access to other accounts, systems, or networks; circumvent any security measures, rate limits, or access controls implemented by the platform; or engage in any activity that could damage, disable, overburden, or impair the Service. You are strictly prohibited from using third-party AI browser extensions, plugins, or tools — including but not limited to Claude, ChatGPT, GitHub Copilot, Gemini, or any similar AI-powered browser extensions — to interact with, read, extract, analyze, or process any data displayed within the BrandAmplifi platform. The platform actively detects and blocks unauthorized AI tools and browser extensions. Any attempt to use such tools constitutes a material breach of these Terms and may result in immediate account suspension or termination. You may not use any automated means, including bots, crawlers, or scrapers, to access the Service or extract data from it except through our officially documented API endpoints.
5. AI Tools Policy
BrandAmplifi incorporates artificial intelligence capabilities as a core component of its Service. Only AI tools and models provided directly by the BrandAmplifi platform are authorized to process, analyze, or interact with your data within the Service. AI extension blocking is actively enforced across the platform. All data processing involving AI occurs exclusively through BrandAmplifi's own AI pipelines and integrations with our approved sub-processors (see Section 8). No external AI tools, browser extensions, desktop applications, or third-party AI services may access, read, scrape, or process any data displayed in or transmitted through the BrandAmplifi platform. This prohibition applies regardless of whether the external AI tool is operated by you, your employees, your contractors, or any other party with access to your account. Violations of this policy are logged, and repeated violations will result in account termination without refund.
6. Content Ownership
Content generated by our AI on your behalf is owned by you. You retain all rights, title, and interest in and to the content created through the Service, subject to the licenses granted herein. You grant BrandAmplifi a non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and distribute your content solely as necessary to provide and improve the Service. This license continues for a commercially reasonable period after you delete content or terminate your account to allow for backup and archival processes. You are solely responsible for reviewing, editing, and approving all AI-generated content before it is published or distributed. BrandAmplifi does not guarantee the accuracy, completeness, or appropriateness of AI-generated content. You represent and warrant that you have all necessary rights to any data, images, or materials you upload to the Service and that such materials do not infringe upon the intellectual property rights of any third party.
Contact Communications Consent. By using the Service to send surveys, review solicitations, email campaigns, SMS messages, or any other communications to your contacts, you represent and warrant that: (a) you have obtained all legally required consent from each contact to receive such communications, including but not limited to express written consent where required by the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state and international regulations; (b) all contact data you upload, import, or enter into the Service — including email addresses, phone numbers, and opt-in status — is accurate and was collected in compliance with applicable law; (c) you maintain records sufficient to demonstrate such consent upon request; and (d) you will promptly honor all opt-out, unsubscribe, and do-not-contact requests. BrandAmplifi provides tools to record and enforce opt-in/opt-out preferences but is not responsible for verifying the validity or legality of the consent you claim to have obtained. You agree to indemnify and hold harmless BrandAmplifi from any claims, fines, or penalties arising from your failure to obtain proper consent before sending communications through the Service.
7. Platform Credentials
When you connect third-party platform accounts to BrandAmplifi via OAuth or by providing API credentials, you confirm that you are authorized to grant access to those accounts. All third-party credentials are encrypted using industry-standard encryption (AES-256) both in transit and at rest. Credentials are used solely for the purposes you have authorized, such as publishing approved content, fetching reviews, or syncing business listing data. You may revoke third-party access at any time through your account settings, and we will promptly cease using the revoked credentials. We do not store plaintext passwords. OAuth tokens are refreshed automatically as permitted by the third-party platform and are invalidated upon disconnection. You are responsible for complying with the terms of service of any third-party platform you connect to BrandAmplifi.
8. Data Processing
BrandAmplifi uses carefully selected third-party sub-processors to deliver the Service, including providers for AI processing, payment processing, email delivery, and messaging. Each sub-processor is contractually bound to process data only as instructed by BrandAmplifi and in compliance with applicable data protection laws. Your data is stored and processed in the United States. We maintain data processing agreements (DPAs) with all sub-processors. A Data Processing Agreement and detailed sub-processor list are available to you upon request by contacting [email protected]. We will notify you of any material changes to our sub-processor list at least thirty (30) days before the change takes effect. If you object to a new sub-processor, you may terminate your subscription without penalty within that notice period. We do not sell, rent, or lease your personal data to third parties.
9. Data Security & Encryption
We implement comprehensive security measures to protect your data. Data at rest is encrypted using AES-256 encryption. Data in transit is protected using TLS 1.3. API request integrity is verified using HMAC-SHA256 request signing. We maintain a SOC 2 Type II compliance target and undergo regular third-party security audits. Access to production systems is restricted to authorized personnel using multi-factor authentication and role-based access controls. We maintain an incident response plan and conduct regular penetration testing. While we employ industry-leading security practices, no method of electronic storage or transmission is 100% secure. We cannot guarantee absolute security but commit to promptly notifying affected users in the event of a data breach (see Section 21). Security vulnerability reports may be submitted to [email protected].
10. Billing and Refunds
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are quoted in United States Dollars (USD) unless otherwise specified. We offer a 30-day money-back guarantee for new subscriptions. To request a refund within this period, contact [email protected]. Refund requests made after the initial 30-day period are evaluated on a case-by-case basis. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period; you will continue to have access to the Service until that date. We reserve the right to change pricing with at least thirty (30) days' advance notice. Price changes do not apply to the current billing period. Failure to pay may result in suspension or termination of your account. Any applicable taxes are your responsibility.
11. No Guarantees
While we strive for the best results, we cannot and do not guarantee specific search engine rankings, review scores, sentiment improvements, or other measurable outcomes. Search engine algorithms are controlled by third parties (including Google, Bing, and others) and are subject to change without notice. Our proprietary Reputation Score and other metrics are internal measurements designed to provide guidance and are not guaranteed to correlate with any specific business outcome. Past performance does not guarantee future results. The effectiveness of AI-generated content, review response strategies, and reputation management campaigns varies based on numerous factors outside our control, including industry, geography, competition, and platform algorithm changes. The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by applicable law, BrandAmplifi and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if BrandAmplifi has been advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to BrandAmplifi during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies regardless of whether the remedy fails of its essential purpose. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service outages (force majeure events).
13. Indemnification
You agree to indemnify, defend, and hold harmless BrandAmplifiand its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) content you create, upload, publish, or distribute through the Service; (e) your infringement of any third-party intellectual property or other rights; (f) any dispute between you and a third party related to the Service; or (g) your use of third-party AI tools or browser extensions in violation of Section 4 or Section 5 of these Terms. This indemnification obligation survives the termination of your account and these Terms.
14. Termination
We may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or the Service, or is otherwise objectionable. Upon termination: (a) your right to use the Service ceases immediately; (b) you must cease all use of the Service and delete any cached or stored content obtained from the Service; (c) your data will be retained for ninety (90) days post-termination to allow for data export requests, after which it will be permanently deleted unless retention is required by law; and (d) any outstanding fees owed to BrandAmplifi become immediately due and payable. You may request a copy of your data during the 90-day retention period by contacting [email protected]. Sections that by their nature should survive termination (including but not limited to Sections 6, 12, 13, 24, and 25) shall survive any termination or expiration of these Terms.
15. SMS Messaging
Messages sent on behalf of our business clients. BrandAmplifisends SMS text messages on behalf of businesses using our platform, including review requests, survey invitations, appointment reminders, and service notifications. Express opt-in is required: a customer must affirmatively check an unchecked SMS-consent box on a business's intake / registration / kiosk form before any messages are sent. Implied consent is never used. Message frequency varies; typically 1–5 messages per month per business interaction.
BrandAmplifi platform account messages. Separately, BrandAmplifi LLC sends a limited set of transactional SMS messages directly to its own platform account holders, including password reset codes, 2FA codes, trial and billing reminders, login security alerts, and support ticket notifications. You opt in to these messages during signup at brandamplifi.com/signup or in your Notification Settings. Frequency is up to 4 messages per month per account. These messages are never sent on behalf of any other business and are used only to administer your BrandAmplifi account.
Message and data rates may apply for both programs. Reply STOP to any message to opt out at any time. Reply HELP for assistance. Opt-out requests are processed immediately, and you will receive a confirmation message. We comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state regulations. Consent records are maintained for compliance purposes. See our full SMS Messaging Terms for complete details on consent collection, opt-in enforcement, and opt-out procedures.
16. Protected Health Information / HIPAA
BrandAmplifi is not a HIPAA-covered entity by default and the Service is not designed or intended for the storage, processing, or transmission of Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You must not enter, upload, or otherwise provide PHI through the Service unless you have executed a Business Associate Agreement (BAA) with BrandAmplifi. BAAs are available exclusively to customers on the Enterprise plan. Healthcare customers who require HIPAA compliance must contact [email protected] to request a BAA before using the Service with any PHI. Healthcare customers with an executed BAA must enable all additional safeguards specified in the BAA, including but not limited to enhanced access controls, audit logging, and encryption configurations. BrandAmplifi disclaims all liability for PHI entered into the Service without an executed BAA in place.
17. Financial Services Compliance
BrandAmplifi is not a financial advisor, broker-dealer, investment advisor, or financial institution. The Service does not provide financial advice, investment recommendations, or credit counseling. Any revenue attribution, financial analytics, or ROI calculations provided by the Service are estimates based on available data and should not be relied upon as the sole basis for financial decisions. Users in regulated financial services industries (including banking, insurance, securities, and lending) are solely responsible for ensuring their use of the Service complies with all applicable regulations, including but not limited to those enforced by the Financial Industry Regulatory Authority (FINRA), the Consumer Financial Protection Bureau (CFPB), the Securities and Exchange Commission (SEC), and applicable state financial regulators. BrandAmplifi makes no representations regarding the compliance of AI-generated content with financial industry advertising or communication regulations.
18. Legal Services Compliance
BrandAmplifi is not a law firm and does not provide legal advice. The Service does not create an attorney-client relationship between you and BrandAmplifi. Users who are attorneys, law firms, or legal service providers are solely responsible for ensuring that their use of the Service — including AI-generated content, review responses, and marketing materials — complies with all applicable state bar rules, rules of professional conduct, and attorney advertising regulations in every jurisdiction in which they practice. This includes but is not limited to rules governing solicitation, testimonials, endorsements, and claims of specialization. BrandAmplifidisclaims all liability for any disciplinary action, regulatory finding, or legal claim arising from a legal professional's use of the Service in violation of applicable ethical rules.
19. CCPA Disclosures
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Categories of personal information we collect include: identifiers (name, email, phone number, IP address), commercial information (subscription history, billing records), internet or electronic network activity (usage data, log files, device information), professional or employment-related information (business name, job title), and inferences drawn from the above categories to create profiles. You have the right to: (a) know what personal information we collect, use, and disclose; (b) request deletion of your personal information; (c) opt out of the sale or sharing of your personal information; and (d) not be discriminated against for exercising your CCPA rights. BrandAmplifi does not sell your personal information as defined under the CCPA. To exercise your rights, contact [email protected] or use the privacy controls in your account settings. We will respond to verified consumer requests within forty-five (45) days.
20. GDPR Compliance
For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we process personal data in accordance with the General Data Protection Regulation (GDPR). Our lawful bases for processing include: contract performance (to provide the Service you have subscribed to), legitimate interest (to improve the Service, prevent fraud, and ensure security), consent (where explicitly obtained, such as for marketing communications), and legal obligation (to comply with applicable laws). You have the following rights as a data subject: the right of access to your personal data; the right to rectification of inaccurate data; the right to erasure (“right to be forgotten”); the right to data portability in a machine-readable format; the right to restriction of processing; the right to object to processing based on legitimate interest; and the right to withdraw consent at any time without affecting the lawfulness of prior processing. To exercise any of these rights, contact our Data Protection Officer at [email protected]. We will respond to data subject requests within thirty (30) days. If you are not satisfied with our response, you have the right to lodge a complaint with your local supervisory authority. International data transfers are conducted under Standard Contractual Clauses (SCCs) approved by the European Commission.
21. Breach Notification
In the event of a confirmed data breach that affects your personal data, BrandAmplifi will: (a) notify affected users within seventy-two (72) hours of becoming aware of the breach, consistent with GDPR Article 33 requirements; (b) report the breach to relevant regulatory bodies as required by applicable law; (c) provide affected users with a description of the nature of the breach, the categories of data affected, the approximate number of records involved, the likely consequences, and the measures taken or proposed to address the breach and mitigate its effects; and (d) implement appropriate remediation steps, which may include password resets, enhanced monitoring, credit monitoring services, or other measures as warranted by the nature and severity of the breach. Notifications will be sent via email to the address associated with your account and, where appropriate, through in-platform notifications. We maintain comprehensive incident response procedures and conduct regular tabletop exercises to ensure readiness.
22. API Terms of Use
Access to the BrandAmplifi API is subject to these Terms and any additional API-specific documentation. Rate limits apply to all API endpoints and vary by subscription plan. All API requests must be authenticated using valid API keys or OAuth tokens issued by BrandAmplifi. You must not share your API keys with unauthorized parties and must store them securely. You may not: reverse engineer, decompile, or disassemble any part of the API; use the API to build a competing product or service; exceed your plan's rate limits or attempt to circumvent rate limiting; use the API in any manner that could damage, disable, or impair the Service; or redistribute API access to third parties without written authorization from BrandAmplifi. We reserve the right to throttle, suspend, or revoke API access at any time for violations of these Terms or to protect the integrity of the Service. API availability is provided on an “as available” basis, and we do not guarantee any specific uptime SLA for API endpoints unless specified in a separate enterprise agreement.
23. Third-Party Services
The BrandAmplifi platform integrates with various third-party services to deliver its functionality, including but not limited to: Stripe (payment processing), Anthropic (AI language models), OpenAI (AI language models), SendGrid (email delivery), Twilio (SMS messaging), and Google (Google Business Profile, Google Maps, and related APIs). Your use of the Service may be subject to the terms of service, privacy policies, and acceptable use policies of these third-party providers. You agree to comply with all applicable third-party terms when using features that rely on third-party integrations. BrandAmplifi is not responsible or liable for any errors, interruptions, data loss, or service failures caused by third-party service providers. Third-party service availability, features, and pricing are controlled by the respective providers and may change without notice from BrandAmplifi. We do not endorse or guarantee the performance of any third-party service.
24. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or at a location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against BrandAmplifi. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
25. Severability & Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The failure of BrandAmplifi to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition of these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver must be in writing and signed by an authorized representative of BrandAmplifi to be effective. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and BrandAmplifi concerning the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
27. Acceptable Use Policy
The following Acceptable Use Policy supplements and forms part of these Terms.
27.1 Purpose
This Acceptable Use Policy defines the acceptable use of the BrandAmplifi platform and all associated services. This policy supplements our Terms of Service and applies to all users, including account holders, team members, and any individual accessing the platform on behalf of an organization. By using BrandAmplifi, you agree to comply with this policy in its entirety.
27.2 Prohibited Activities
You may not use BrandAmplifi to engage in any of the following activities: fraud or deceptive practices of any kind; sending spam, unsolicited messages, or bulk communications in violation of applicable laws; harassment, threats, or intimidation of any individual or group; publishing, distributing, or hosting illegal content; creating, soliciting, or posting fake reviews or fabricated testimonials; impersonating another person, business, or entity; attempting unauthorized access to any part of the platform, other user accounts, or related systems and networks; launching denial-of-service attacks or any action intended to disrupt platform availability; or scraping, crawling, or extracting content from the platform through automated means without express written permission.
27.3 Content Guidelines
All content created, published, or managed through BrandAmplifi must comply with the following guidelines: business information must be accurate, current, and not misleading; content must not be defamatory, libelous, or intentionally misleading; you must respect the intellectual property rights of others, including copyrights, trademarks, and trade secrets; and content must not include adult, sexually explicit, gratuitously violent, or discriminatory material. You are solely responsible for all content published through your account.
27.4 Platform Integrity
You must not circumvent, disable, or otherwise interfere with any security measures, rate limits, or access controls implemented by BrandAmplifi. You must not exploit vulnerabilities, bugs, or errors in the platform for any purpose other than responsible disclosure. If you discover a security vulnerability, you must report it to us promptly and refrain from exploiting it. Reverse engineering, decompiling, or disassembling any part of the platform is strictly prohibited.
27.5 AI Tool Restrictions
Only the built-in AI features provided natively within the BrandAmplifi platform may be used when accessing or interacting with the platform. The use of third-party AI browser extensions, plugins, or tools — including but not limited to Claude, ChatGPT, GitHub Copilot, Perplexity, Monica, Merlin, Jasper, and Gemini — is strictly prohibited from accessing, reading, analyzing, or interacting with any part of the BrandAmplifi platform.
The platform actively detects and blocks unauthorized AI extensions to protect our users and our service. This restriction exists for the following reasons: Data Privacy — third-party AI extensions may transmit platform data, including your business information and customer data, to external servers beyond your control; Intellectual Property Protection — the AI features within BrandAmplifi are paid platform services, and unauthorized AI tools undermine the value and integrity of these offerings; Regulatory Compliance— unauthorized processing of platform data by third-party AI services may violate data protection regulations and your obligations under our Terms of Service.
Violations of this section may result in immediate session termination and account suspension without prior warning.
27.6 Reporting Violations
If you become aware of any violation of this Acceptable Use Policy, please report it to [email protected]. When reporting, please include as much evidence and detail as possible, such as screenshots, URLs, dates, and descriptions of the offending behavior. All good-faith reports are protected — we will not take adverse action against any user who reports a violation in good faith.
27.7 Enforcement
Violations of this policy will be addressed based on severity and may result in one or more of the following actions: a written warning with a requirement to cease the prohibited activity; temporary suspension of your account and access to the platform; permanent termination of your account without the possibility of reinstatement; or referral to law enforcement authorities where criminal activity is suspected. The severity of the response will be proportionate to the nature and impact of the violation. No refunds will be issued for accounts terminated due to a violation of this policy.
28. Contact
For questions, concerns, or requests regarding these Terms of Service, including data protection inquiries, CCPA or GDPR rights requests, BAA requests, or general legal matters, contact us at [email protected].