Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Brandhorse™ ("Company," "we," "us," or "our") concerning your access to and use of the Growth OS platform and our related services.

By accessing or using our platform and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Our Services: Growth OS

Brandhorse™ provides the Growth OS, an AI-powered marketing operating system designed to unify and optimize SEO, Paid Ads, CRO, GEO, AEO, and LLM Visibility. Our services include:

• AI-driven task generation and execution for marketing optimization
• Performance monitoring and analytics dashboards
• Tools for managing SEO, paid advertising campaigns, and conversion rate optimization
• Features for Generative Engine Optimization (GEO) and Answer Engine Optimization (AEO)
• LLM Visibility and AI Search Presence management
• Access to educational content and strategic insights
• Integration with third-party platforms (e.g., Google Analytics, Google Ads, Meta Ads)

Account Registration and Responsibilities

Account Creation

To access and utilize the Growth OS, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other security breach

Account Eligibility

You must be at least 18 years old to create an account and use our services. By creating an account, you represent and warrant that you meet this age requirement.

User Conduct and Platform Usage

When using the Growth OS, you agree not to:

• Violate any applicable local, national, or international laws or regulations
• Infringe upon the rights of others, including intellectual property, privacy, or publicity rights
• Upload, post, or transmit any content that is harmful, offensive, defamatory, obscene, or otherwise objectionable
• Harass, abuse, or harm other users or our personnel
• Engage in spamming, phishing, or any form of unsolicited promotional activities
• Attempt to gain unauthorized access to our systems, user accounts, or data
• Use automated systems or software to access or interact with our services without explicit permission
• Impersonate others or misrepresent your affiliation with any entity
• Interfere with or disrupt the integrity or performance of our services or data
• Share false, misleading, or deceptive information, especially concerning marketing performance or AI outputs

We reserve the right to remove content, suspend, or terminate accounts that violate these guidelines or any other part of these Terms.

Intellectual Property Rights

Our Content and Platform

All content, features, and functionality of the Growth OS, including but not limited to software, text, graphics, logos, images, videos, and the underlying AI models and frameworks, are owned by or licensed to Brandhorse™ and are protected by copyright, trademark, patent, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our content or platform without our prior written permission, except as expressly permitted by these Terms or applicable law.

User Data and Generated Content

You retain ownership of any data, content, or materials you upload, submit, or generate through your use of the Growth OS ("User Content"). By using our services, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and distribute your User Content solely for the purpose of operating, improving, and promoting the Growth OS and its features (e.g., training AI models for your specific use case, generating marketing assets).

You represent and warrant that you own or have the necessary rights to upload, submit, or generate any User Content, and that such content does not violate the rights of any third party or any applicable laws.

Data Privacy and Security

We are committed to protecting your privacy and the security of your data. Our data handling practices are detailed in our Privacy Policy. By using the Growth OS, you consent to our collection and use of data as described in the Privacy Policy.

We implement robust security measures, including Row-Level Security (RLS) and encryption, to protect your data. However, no system is entirely impenetrable, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

For information on how to request access to, correction of, or deletion of your personal data, please visit our Data Request Page.

Purchases, Subscriptions, and Payments

Subscription Plans

Access to the Growth OS is provided on a subscription basis. You agree to pay all fees and charges associated with your chosen subscription plan at the prices in effect when the charges are incurred. All payments are processed securely through our third-party payment processor.

Pricing and Availability

We reserve the right to change subscription prices and plan features at any time. Price changes will be communicated to you in advance. We strive to ensure accurate pricing but reserve the right to correct pricing errors.

Cancellations and Refunds

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial billing periods or unused service time, unless otherwise stated in your specific subscription agreement or required by law.

Disclaimers and Limitations of Liability

Service "As Is"

The Growth OS and all related services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, secure, or that the results obtained from their use will be accurate or reliable.

AI-Generated Content Disclaimer

The Growth OS utilizes artificial intelligence to generate content, insights, and task proposals. While we strive for accuracy and relevance, AI outputs are not guaranteed to be flawless or perfectly aligned with your specific business context. You are responsible for reviewing, validating, and approving all AI-generated content and actions before implementation. We are not liable for any decisions made or actions taken based on AI outputs.

Professional Advice Disclaimer

The information, insights, and content provided through the Growth OS are for informational and operational purposes only. They do not constitute professional marketing, legal, or financial advice. You should consult with appropriate professionals before making critical business decisions.

Limitation of Liability

To the maximum extent permitted by law, Brandhorse™ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of, or inability to access or use, the Growth OS or our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or other harmful code that may be transmitted to or through our services by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services
• User-generated content or the conduct of any third party

Indemnification

You agree to defend, indemnify, and hold harmless Brandhorse™, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Growth OS and our services.

Termination

We may terminate or suspend your account and access to the Growth OS and our services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our services will immediately cease.

You may also terminate your account at any time by contacting us or using any account deletion feature provided within your account settings.

Governing Law and Dispute Resolution

Informal Resolution

If you have a dispute with us, you agree to first contact us at legal@brandhorse.com and attempt to resolve the dispute informally.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in a mutually agreed location.

Changes to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of any material changes by posting the new Terms on this page or through other appropriate communication channels. Your continued use of the Growth OS after such modifications constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at legal@brandhorse.com.