Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of brandcastl.com, the Brandcastl client portal at app.brandcastl.com, and the marketing services Brandcastl (“Brandcastl”, “we”, “us”) provides to you (“you”, “Client”). By using our website or portal, or by signing up for our services, you agree to these Terms. If you have a signed proposal or service agreement with us, that document controls wherever it differs from these Terms.

Our services

Brandcastl provides marketing services for local businesses, which may include local SEO and maps, listings, digital advertising, websites, reputation management, social media, content, AI and automation, and branding. The exact services, deliverables, and price for your account are the ones listed in your proposal, order form, or invoice.

Client portal

Clients may receive access to the Brandcastl client portal to view leads, conversations, appointments, reviews, and reports. The portal runs on third-party software that we license and brand for you. You agree to:

• Keep your login details private and tell us right away if you think your account has been accessed without permission.
• Only give access to people on your team who need it, and remove users who leave your business.
• Not use the portal to send spam, break the law, or upload content you do not have the right to use.

We work to keep the portal available, but we do not guarantee it will always be uninterrupted or error-free, and features of the underlying software may change. Portal access ends when your services end. Ask us before cancelling if you want an export of your contacts.

Fees and payment

• Monthly service fees are billed in advance on a recurring basis to the payment method on file, unless your agreement says otherwise.
• Any setup fees are due before work begins and are non-refundable once work has started.
• Advertising spend (for example Google, Meta, or streaming TV ad budgets) is separate from our fees. It is paid directly to the ad platform or reimbursed to us, as stated in your agreement.
• Third-party costs you approve, such as phone numbers, text and call usage, domains, or software add-ons, may be billed in addition to our fees.
• If a payment fails, we may pause services and portal access until the balance is paid.

Term and cancellation

Unless your agreement sets a minimum term, services are month-to-month. You may cancel by emailing support@brandcastl.com at least 30 days before your next billing date. Fees already paid are not refunded, except as stated in a written guarantee in your agreement. We may end services with 30 days’ notice, or right away if you break these Terms or do not pay.

Results

Marketing results depend on many things outside our control, including search engines, ad platforms, competition, your market, and how quickly your team follows up with leads. Unless a specific guarantee is written into your agreement, we do not guarantee rankings, leads, sales, or any other outcome.

Your responsibilities

• Give us accurate information, timely approvals, and access to the accounts we need, such as your Google Business Profile, website, and ad accounts.
• Make sure anything you give us to use, such as logos, photos, testimonials, and offers, is yours to use and is truthful.
• Follow the laws that apply to your business and your marketing, including rules on calls, texts, and emails (such as the TCPA, CAN-SPAM, and carrier A2P 10DLC rules). You are responsible for having consent from the contacts you message through the portal.

Ownership

You own your business name, logo, content, customer data, and the ad accounts and listings created for your business. Once fees for the work are paid in full, you own the final deliverables we create specifically for you, such as ad creative and website content. We keep ownership of our own tools, templates, automations, processes, and know-how, and we may reuse general ideas and skills. We may mention your business name as a client unless you ask us not to.

Confidentiality and data

We keep your non-public business information confidential and use it only to provide our services. How we handle personal information is explained in our Privacy Policy. Text messaging is covered by our SMS Terms.

Limitation of liability

To the fullest extent allowed by law, Brandcastl is not liable for indirect, incidental, or consequential damages, such as lost profits or lost data. Our total liability for any claim related to our services is limited to the fees you paid us in the three months before the claim arose.

Indemnity

You agree to cover Brandcastl for claims, losses, and costs that come from content or information you provided, your messaging to your own contacts, or your breaking these Terms or the law.

Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts. Any dispute will be handled in the state or federal courts located in Worcester County, Massachusetts.

Changes to these Terms

We may update these Terms from time to time. The date at the top of this page shows when they were last updated. If you keep using our website, portal, or services after a change, you accept the updated Terms.

Contact

Brandcastl, Worcester, Massachusetts. Email support@brandcastl.com or call (866) 596-1450.