Terms of Use

BrandedStreams Inc. Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and BrandedStreams Inc. ("BrandedStreams," "Company," "we," "us," or "our") and govern your access to and use of our website, platform, tools, applications, reports, and related services, including any script analysis, sponsorship discovery, workflow, marketplace, or AI-assisted features we make available (collectively, the "Services").

By accessing or using the Services, creating an account, clicking to accept these Terms, or submitting content through the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You may use the Services only if you are legally able to enter into a binding contract and are not prohibited from using the Services under applicable law.

If you use the Services on behalf of a company, production entity, agency, brand, or other organization, you represent and warrant that you have authority to bind that entity to these Terms, and "you" includes both you and that entity.

2. Services

BrandedStreams provides tools and services related to product placement opportunity analysis, script review, sponsorship discovery, reporting, workflow management, marketplace functionality, and related business support.

The Services may include AI-assisted outputs, recommendations, classifications, reports, summaries, brand suggestions, and other generated content. These outputs are provided for informational and operational assistance only and may contain errors, omissions, or incomplete analysis.

BrandedStreams does not guarantee:

• sponsorship, financing, placement, distribution, or commercial results;
• legal clearance, trademark clearance, or compliance approval;
• that any suggested brand, product, or integration will be available, approved, or suitable;
• that any output will be complete, accurate, or fit for a particular purpose.

You are responsible for reviewing and validating all outputs before relying on them.

3. Account Registration and Security

To use certain parts of the Services, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your account; and
• notifying us promptly of any unauthorized use or security incident involving your account.

We may suspend or terminate accounts that are inaccurate, insecure, inactive, or used in violation of these Terms.

4. Acceptable Use

You agree not to use the Services to:

• violate any law, regulation, contract, or third-party right;
• upload content you do not have the right to use, analyze, share, or submit;
• infringe copyright, trademark, trade secret, privacy, publicity, or other rights;
• upload malware, malicious code, or harmful material;
• interfere with, disrupt, or attempt to gain unauthorized access to the Services, systems, or accounts;
• reverse engineer, scrape, copy, frame, mirror, or otherwise exploit the Services except as expressly allowed by us in writing;
• use bots, spiders, or automated means to extract content, pricing, reports, or data from the Services without our prior written consent;
• use the Services to generate unlawful, defamatory, harassing, discriminatory, or fraudulent content;
• misrepresent sponsorship opportunities, rights, ownership, brand approvals, or project status.

5. User Content

"User Content" means any content you submit to the Services, including scripts, treatments, pitch decks, presentations, images, metadata, notes, messages, comments, brand lists, project details, uploaded files, and other materials.

You retain ownership of your User Content, subject to the rights you grant to us in these Terms.

You represent and warrant that:

• you own or control all rights necessary to submit the User Content;
• your submission and our use of that User Content as permitted by these Terms will not violate any law or third-party right; and
• you have obtained all necessary permissions, releases, licenses, and approvals for the User Content you submit.

6. License You Grant to BrandedStreams

You grant BrandedStreams a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, adapt, and use your User Content solely as necessary to:

• provide, maintain, and improve the Services;
• generate reports, recommendations, and platform outputs;
• operate requested workflows and marketplace functions;
• provide customer support;
• enforce these Terms; and
• comply with law.

We may also use de-identified and aggregated information derived from use of the Services to analyze performance, improve product functionality, develop usage insights, and support internal analytics, provided that such information does not identify you or disclose your confidential project materials in personally identifiable form.

We will not use your nonpublic User Content to train third-party foundation models except as disclosed in our Privacy Policy, other service-specific terms, or as otherwise authorized by you.

7. Confidentiality of Submitted Materials

We understand that scripts, pitch materials, sponsorship plans, and project documents may be nonpublic and sensitive. We will use commercially reasonable measures to protect nonpublic User Content from unauthorized access, use, or disclosure, consistent with our Privacy Policy and security practices.

This section does not create a separate nondisclosure agreement and does not apply to information that:

• is or becomes public through no fault of BrandedStreams;
• was already lawfully known to us without confidentiality obligations;
• is independently developed without use of your confidential information; or
• must be disclosed by law, court order, or governmental request.

If you require a separate NDA or enterprise data-processing arrangement, that must be agreed in a separate written contract signed by both parties.

8. BrandedStreams Intellectual Property

The Services, including all software, interfaces, workflows, templates, designs, reports formats, taxonomies, visual elements, databases, text, graphics, trademarks, logos, service names, and other content made available by BrandedStreams, are owned by or licensed to BrandedStreams and are protected by intellectual property and other laws.

Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may not copy, modify, distribute, sell, sublicense, lease, publicly display, publicly perform, republish, or create derivative works from the Services except as expressly permitted by us in writing.

9. Feedback

If you provide feedback, suggestions, ideas, enhancement requests, or recommendations regarding the Services, you grant BrandedStreams a perpetual, irrevocable, worldwide, royalty-free right to use and exploit that feedback without restriction or compensation to you.

10. Payments, Subscriptions, and Billing

Certain Services may be offered for a fee on a one-time, recurring, subscription, usage-based, pilot, enterprise, or custom-contract basis.

You agree to pay all fees described to you at the time of purchase or in an applicable order form, proposal, or services agreement. You authorize BrandedStreams and its third-party payment processors to charge your selected payment method for all applicable fees, taxes, and charges.

If you purchase a subscription or any automatically renewing service:

• the subscription will continue until canceled unless otherwise stated;
• you will be charged the recurring fee and billing frequency disclosed at checkout or in your order form;
• you may cancel before the next renewal date to avoid future charges;
• any minimum commitment period, renewal term, cancellation deadline, or trial conversion terms disclosed at purchase will apply.

Refunds. Except as required by law or expressly stated in writing by BrandedStreams, fees are non-refundable once charged.

We may change our pricing from time to time. For recurring plans, any material pricing change will apply only after notice to you and, if required by law, an opportunity to cancel before the new rate takes effect.

11. Third-Party Services

The Services may integrate with or rely on third-party providers such as cloud hosts, payment processors, analytics tools, communications vendors, AI providers, file storage services, or business software providers.

We are not responsible for third-party services, content, or websites, and your use of those services may be governed by separate terms and privacy policies.

12. Copyright and Rights Complaints

If you believe content on the Services infringes your copyright or other intellectual property rights, send a notice to legal@brandedstreams.com with sufficient detail for us to investigate, including:

• your contact information;
• identification of the allegedly infringed work;
• identification of the allegedly infringing content;
• a statement of good-faith belief; and
• a statement that the information provided is accurate and, where applicable, that you are authorized to act on behalf of the rights holder.

We may remove or disable access to content in appropriate circumstances.

13. Suspension and Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if:

• you violate these Terms;
• we reasonably believe your use creates legal, security, or reputational risk;
• required by law;
• needed to protect the Services, our users, or third parties; or
• we discontinue the Services or relevant functionality.

You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including sections relating to ownership, payments owed, disclaimers, limitation of liability, indemnity, and governing law.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDEDSTREAMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, BRANDEDSTREAMS DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• THE SERVICES WILL MEET YOUR REQUIREMENTS;
• ANY REPORT, ANALYSIS, BRAND MATCH, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR
• ANY DEFECT WILL BE CORRECTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDEDSTREAMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDEDSTREAMS' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO BRANDEDSTREAMS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless BrandedStreams and its officers, directors, employees, affiliates, contractors, licensors, and service providers from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your User Content;
• your use of the Services;
• your violation of these Terms; or
• your violation of any law or third-party right.

17. Governing Law and Forum

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state courts located in New Castle County, Delaware, or the federal courts located in the District of Delaware, and each party consents to the personal jurisdiction and venue of those courts.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the "Last Updated" date. Your continued use of the Services after the updated Terms become effective means you accept the revised Terms.

19. General

These Terms, together with our Privacy Policy and any applicable order form or signed written agreement between you and BrandedStreams, constitute the entire agreement between you and us regarding the Services.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision is not a waiver of our right to do so later.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.

20. Contact Information