Terms of service

Welcome to Brain Digital Agency! These terms of service (“Terms”) govern your use of the services provided by Brain Digital Agency, including but not limited to digital marketing and advertising services (collectively, the “Services”). Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using the Services, you agree to these Terms.

1. Services. Brain Digital Agency will provide the Services to you in accordance with the specifications agreed upon in writing or as set forth on the Brain Digital Agency website. You agree to provide Brain Digital Agency with access to the necessary information, materials, and personnel reasonably required to perform the Services.
2. Ownership. You own all rights, title and interest in and to any deliverables created by Brain Digital Agency in connection with the Services (“Deliverables”). Brain Digital Agency agrees that it will not claim any ownership interest in any Deliverables.
3. Payment. You agree to pay Brain Digital Agency for the Services provided in accordance with the payment terms agreed upon in writing or as set forth on the Brain Digital Agency website. Brain Digital Agency reserves the right to suspend or terminate the Services if payment is not received in a timely manner.
4. Confidentiality. Brain Digital Agency will maintain the confidentiality of any non-public information provided by you, except to the extent required by law or as necessary to perform the Services. You agree not to disclose any of Brain Digital Agency’s confidential information without its prior written consent.
5. Warranty and Disclaimer. Brain Digital Agency warrants that it will perform the Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, BRAIN DIGITAL AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. Limitation of Liability. BRAIN DIGITAL AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF BRAIN DIGITAL AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination. Either party may terminate these Terms at any time upon written notice to the other party. Upon termination, you will immediately cease use of the Services and any deliverables provided as part of the Services.
8. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the federal or state courts located in Lawrence, Massachusetts.
9. Entire Agreement. These Terms constitute the entire agreement between you and Brain Digital Agency with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Brain Digital Agency.
10. Modification. Brain Digital Agency reserves the right to modify these Terms at any time. Any modifications will be effective upon posting on the Brain Digital Agency website or providing you with written notice. Your continued use of the Services following any such modification constitutes your agreement to be bound by the modified Terms.

If you have any questions about these Terms or the Services, please contact us at info@braindigitalagency.com