Terms of Service.

These Terms of Service (the "Terms") govern your use of the Brain Apes website at brainapes.com and the consulting and coaching services provided by Brain Apes, LLC (referred to as "Brain Apes," "we," "us," or "our"). By engaging our services, booking a call, or paying an invoice, you agree to be bound by these Terms. If you do not agree, do not use the site or our services.

1. Acceptance of these Terms

You accept these Terms when you check the "I agree" box during checkout, sign a statement of work or order form that references these Terms, or pay an invoice issued by Brain Apes. The person accepting represents that they have authority to bind the company on whose behalf services are being procured.

2. Description of services

We sell consulting and coaching packages as services with done-for-you components.

Specific deliverables, scope, and timelines for an engagement are described in the applicable order form, statement of work, or written proposal that incorporates these Terms by reference.

3. Commitments

One time consulting sessions are no commitment. Monthly services are a 4-week commitment. Quarterly services are a 12-week commitment. Yearly is a 52-week commitment.

4. Renewals

Monthly renewals occur every 4 weeks from the date of the initial payment. Quarterly renewals occur every 12 weeks from the date of the initial payment. Yearly renewals occur every 52 weeks from the date of the initial payment.

5. Cancellation

All payments are final and non-refundable unless specified otherwise by a guarantee. If you wish to cancel the renewal of an upcoming service, please notify us via email ([email protected]) at least 72 hours prior to renewal, and we will cancel the upcoming charge with a smile.

6. Termination of service

As the service provider, we reserve the right to cancel/discontinue services at any time. If we terminate a client’s service due to insubordinate/disruptive behavior that compromises the intended nature of providing impactful results, we will keep the payment for services and remove them from our client roster indefinitely. If we terminate for any reason unrelated to the client’s behavior such as terminating a service offering, we will provide a prorated refund for the amount of unused days of service.

Examples of insubordinate/disruptive behavior include but are not limited to failing to perform agreed-upon duties, such as not completing/reviewing required creative briefs or not responding to us timely.

7. Payment

Currency declaration

All prices are in USD.

Accepted payment methods

We accept all major credit cards through Stripe, our secure payment processor. All payments are handled securely and compliantly. We also accept bank and wire transfers, with a preference for Wise bank transfers for low/no-fee exchanges.

Authorization for recurring charges

By providing a payment method for a Monthly, Quarterly, or Yearly service, you authorize Brain Apes and Stripe to charge that payment method on the renewal cadence described in Section 4 until the engagement is cancelled in accordance with Section 5.

Failed payments and chargebacks

If a payment is declined, we may suspend services until payment is received. Initiating a chargeback for services that have been delivered, partially delivered, or where cancellation notice was not provided in accordance with Section 5 may result in immediate termination of services and collection of amounts owed.

Taxes

Prices do not include taxes, duties, or similar charges that may be imposed by your jurisdiction. Where applicable, you are responsible for paying these taxes in addition to the fees.

8. Release of liability

By engaging our services, you hereby agree to release, indemnify, and hold harmless Brain Apes, LLC, its affiliates, officers, agents, and employees from any and all claims, liabilities, damages, and expenses (including attorney’s fees) arising out of or in connection with our services or consulting. In the event of any issues arising from our services, we commit to providing support to resolve disputes, utilizing our private network of industry and platform contacts to assist you where possible and applicable.

All disputes arising under or in connection with this agreement shall be resolved exclusively in the jurisdiction of Brevard County, Florida, USA.

By proceeding with our services, you acknowledge that you have read, understood, and agreed to the terms of this Release of Liability.

9. Data protection and privacy compliance notice

In our commitment to ensuring the utmost security and privacy of your data, we strongly encourage the sharing of passwords and sensitive account information through secure sharing services such as LastPass, Dashlane, or similar platforms where advanced security protocols are in place. These services provide an added layer of protection, ensuring that your credentials are encrypted and accessible only to authorized individuals.

Please note, sharing sensitive information via unsecured methods (email, text messages, etc.) increases the risk of data breaches and unauthorized access. We cannot assume liability for any compromises that occur as a result of non-compliant sharing practices.

For full details on how we collect, use, and protect personal information, see our Privacy Policy.

10. Intellectual property

All Brain Apes branding, content, frameworks, methodologies, templates, training materials, and proprietary processes are and remain the exclusive property of Brain Apes, LLC. Nothing in these Terms transfers ownership of our intellectual property to you.

Unless agreed otherwise in writing, deliverables created specifically for you during an engagement (such as positioning documents, content drafts, or strategic plans) are licensed to you for unlimited internal business use upon full payment. Brain Apes retains the right to use anonymized examples and learnings from engagements for our own portfolio, marketing, and training, unless explicitly prohibited in writing.

You retain ownership of any pre existing materials, brand assets, and confidential information you provide to us. You grant Brain Apes a limited license to use those materials only as necessary to deliver the services.

11. Confidentiality

Each party agrees to keep the other party’s non public business, financial, technical, and strategic information confidential and to use it only for the purpose of performing under these Terms. Confidentiality obligations survive termination of the engagement.

Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law.

12. Disclaimers

Our services are provided on an "as is" and "as available" basis. While we work hard to deliver meaningful results, we do not guarantee any specific outcome, including but not limited to revenue growth, follower counts, leads, conversions, deal close rates, partnership outcomes, or media placements. Results depend on many factors outside our control, including your participation, your market, your offer, and external conditions.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non infringement.

13. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Brain Apes, LLC, its affiliates, officers, employees, agents, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business opportunities, goodwill, or data, arising out of or in connection with these Terms or our services, even if advised of the possibility of such damages.

Our total cumulative liability for all claims arising under or related to these Terms is limited to the amount actually paid by you to Brain Apes for the specific services giving rise to the claim during the three months immediately preceding the event that gave rise to the claim.

14. Governing law and venue

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles. As stated in Section 8, all disputes arising under or in connection with these Terms shall be resolved exclusively in the jurisdiction of Brevard County, Florida, USA.

15. Changes to these Terms

We may update these Terms from time to time. The updated version will be indicated by a revised "Last updated" date at the top of this page. For active recurring engagements, material changes will be communicated by email at least thirty days before they take effect for that engagement. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

16. General provisions

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• Independent contractors. Brain Apes is engaged as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
• Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, civil unrest, internet outages, governmental actions, and labor disputes.
• Notices. Notices to Brain Apes must be sent to [email protected]. Notices to you may be sent to the email address associated with your account.
• Electronic communications. You consent to receive communications from us electronically, including emails and notices on our website. Electronic agreements satisfy any legal requirement that such communications be in writing.
• Entire agreement. These Terms, together with any applicable order form, statement of work, or proposal that references them, and our Privacy Policy, constitute the entire agreement between the parties on this subject and supersede all prior or contemporaneous understandings.

17. Support

If you need support, please email [email protected].

These Terms of Service are provided for general informational purposes and do not constitute legal advice. Your use of our website and services is also governed by our Privacy Policy.