Terms of Service
Brand Building Machine
Effective Date: June 4, 2025
1. Definitions
- “Client” refers to any individual, business, or entity receiving services from Brand Building Machine.
- “Services” include marketing strategy, campaign management, CRM configuration, automation setup, funnel building, landing pages, analytics reporting, and other related marketing services delivered via white-labeled platforms.
- “Platform” refers to the underlying software tools Brand Building Machine uses to deliver services (e.g., CRM, email, SMS, scheduling, etc.), which are licensed and managed by Brand Building Machine.
- “Project” refers to any defined scope of work agreed upon between Client and Brand Building Machine.
2. Agreement
This Agreement governs the terms under which Brand Building Machine provides services to Client. This Agreement supersedes all prior proposals, agreements, and communications. Amendments must be made in writing and signed by both parties.
3. Scope of Work
All work performed will be based on a mutually approved proposal or statement of work. Any request beyond the agreed scope may require a change order and additional fees. We do not support "scope creep" without proper documentation and approval.
4. Fees and Payment
- Projects typically require 50% upfront payment, with remaining balances due upon completion or per milestone agreements.
- Ongoing services such as subscriptions or retainers are billed monthly in advance.
- Late payments may incur a 1.5% monthly late fee. Continued non-payment may result in service suspension or termination.
5. Client Responsibilities
- Client agrees to provide required materials, content, and access credentials in a timely manner.
- Client is responsible for ensuring all content and contact lists provided comply with applicable laws and do not infringe on third-party rights.
- Client acknowledges that delays in providing assets may affect delivery timelines.
6. Ownership and Licensing
- Client retains ownership of all data and creative assets they provide or develop through the platform.
- Brand Building Machine retains ownership of the platform configuration, templates, and strategy systems unless otherwise agreed in writing.
- Access to the software platform is licensed to the Client as long as they maintain an active subscription or agreement with Brand Building Machine.
- We may include your logo or name in our client portfolio unless you request otherwise in writing.
7. Platform Use and Support
- Support is provided via email at [email protected].
- Additional support via chat, Slack, or Zoom may be arranged based on service tier or agreement.
- Platform uptime and performance are subject to the terms and reliability of third-party providers used by Brand Building Machine.
8. Data Security
- We use third-party services that follow industry standards for encryption, access control, and backup.
- Client acknowledges that no system is immune from breach and agrees to follow best practices (e.g., secure passwords, user permissions).
- Client should not send sensitive credentials or personal data via unencrypted channels like email.
9. Acceptable Use
Client agrees not to use our Services to send spam, violate laws, or host prohibited content. Misuse may result in immediate account suspension or termination.
10. Limitation of Liability
Brand Building Machine shall not be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising out of the use or inability to use the Services, even if advised of the possibility of such damages.
11. Disclaimer of Warranty
All Services are provided “as is” and without warranties of any kind, either express or implied. We do not warrant that the platform will be error-free or uninterrupted.
12. Termination
- Either party may terminate this Agreement with written notice. Subscriptions can be canceled prior to the next billing cycle.
- Upon termination, Client will lose access to platform features and services unless otherwise arranged.
13. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Disputes shall be resolved in the courts of Miami-Dade County, Florida.
14. Acceptance
Use of our Services or submission of a signed agreement or initial payment constitutes acceptance of these Terms of Service.
15. Contact
Brand Building Machine
5798 SW 68th St
Miami, FL 33143
USA
Email: [email protected]