Terms of Use

You must be at least 18 years old and legally capable of entering into an agreement to use the Service.

If you use the Service on behalf of a company or another organization, you represent that you are authorized to accept these Terms on its behalf. In that case, “you” includes both you and the organization.

The Brand Health Audit is an automated diagnostic that evaluates publicly accessible and user-provided brand signals.

Depending on the information available, an audit may evaluate:

• Brand strategy, positioning and messaging
• Visual identity and creative consistency
• Entity consistency and brand accuracy
• Website experience, accessibility and technical health
• Conversion, trust and customer journey
• SEO visibility and authority
• Answer engine optimization readiness
• Generative engine optimization and AI visibility
• Reputation and sentiment
• Social and content presence
• Founder and authority signals
• Paid media information, when an authorized account is connected

We may add, remove, change or limit features at any time.

The Service uses automated systems, including artificial intelligence, to collect, analyze, classify and summarize information.

You understand that:

• Automated findings may be incomplete, inaccurate or out of date.
• Scores reflect information accessible at the time of the scan.
• Sources may become unavailable or change after the scan.
• AI-generated outputs may vary between scans.
• Data coverage and the Brand Health Score measure different things.
• A source that cannot be verified may be excluded rather than scored as zero.
• Confidence labels reflect the strength of available evidence, not certainty.
• Results require business judgment and contextual review.

The Service is intended to provide general business information. It is not legal, financial, accounting, investment, employment or other regulated professional advice.

We do not guarantee that using the Service or following an audit finding will:

• Improve revenue or profitability
• Increase search rankings
• Produce inclusion in AI-generated answers
• Improve advertising performance
• Increase conversions
• Change customer sentiment
• Generate leads or sales
• Produce any other specific commercial result

Business performance depends on factors outside our control.

Any paid strategy, design, development or marketing work performed by The Branded Agency will be governed by a separate written agreement.

You may submit a publicly accessible website for legitimate business analysis.

You are responsible for ensuring that your use of the Service is lawful and that you have an appropriate business purpose for the audit.

When submitting information, you represent that:

• The information is accurate to the best of your knowledge.
• You have the right to provide any non-public information or materials.
• You have permission to connect any third-party account.
• Your submission does not violate confidentiality, privacy, intellectual-property or contractual obligations.
• You will not submit sensitive personal information that is unnecessary for the audit.
• You will not use the Service to harass, impersonate, discriminate against or cause harm to another person or business.

You may submit public professional information concerning founders, executives or experts only where it is relevant to the business being audited. Non-public information about another person may be submitted only with appropriate authority.

You retain ownership of materials you upload.

You grant The Branded Agency a limited, non-exclusive licence to host, copy, process and analyze those materials solely as necessary to:

• Provide the requested audit
• Maintain your report
• Secure and support the Service
• Comply with law
• Perform another purpose to which you separately agree

You are responsible for keeping your own copies. The Service is not intended to be a permanent document-storage system.

Do not upload malware, executable code or content designed to manipulate, disrupt or compromise the Service or its automated systems.

The Service may allow you to connect advertising, analytics, social, business or other third-party accounts.

By connecting an account, you:

• Confirm that you are authorized to access and connect it.
• Authorize us to access the information described during the connection process.
• Acknowledge that the third-party provider’s terms and privacy policy also apply.
• Accept responsibility for reviewing and limiting the permissions granted.
• Agree to disconnect the account if you no longer have authority to use it.

We do not guarantee that any third-party connection will remain available, accurate or compatible with the Service.

Some features require an account.

You agree to:

• Provide accurate registration information
• Maintain the confidentiality of your credentials
• Use reasonable security practices
• Promptly notify us of suspected unauthorized access
• Accept responsibility for activity performed through your account, except to the extent caused by our failure to use reasonable safeguards

You may not share an account in a manner that bypasses user, plan or usage restrictions.

The Service may allow you to connect an AI assistant, agent or compatible third-party application.

By authorizing an agent integration, you acknowledge that:

• The agent may request information and initiate permitted actions on your behalf.
• Agent outputs and tool selections may be inaccurate or unintended.
• The agent provider is a separate third party with its own terms and privacy practices.
• Information returned through the integration may be stored or processed by that provider.
• You are responsible for reviewing sensitive or consequential actions before approving them.
• You must disconnect an agent that you no longer trust or control.

You may not use an agent integration to bypass authentication, usage limits, permissions or other controls.

We may change, restrict or disable an integration or individual tool where reasonably necessary for security, privacy, cost control, maintenance or legal compliance.

You may not use the Service to:

• Break any law or regulation
• Infringe privacy, intellectual-property or contractual rights
• Submit information you are not authorized to provide
• Access another user’s account, audit or report
• Discover or exploit security vulnerabilities without written permission
• Introduce malware or harmful code
• Interfere with the Service or its infrastructure
• Circumvent authentication, permissions, rate limits or usage controls
• Run bulk, automated or high-volume audits without written permission
• Use multiple accounts to avoid restrictions
• Scrape, copy or extract the Service itself
• Reverse engineer the Service or its scoring systems
• Extract internal prompts, source code, model configurations or proprietary logic
• Resell or white-label the Service without written permission
• Use audit reports as an independent certification or accreditation
• Generate misleading, defamatory or discriminatory claims
• Manipulate a website or submitted material to compromise the audit system
• Use the Service to profile individuals for employment, credit, insurance, housing, healthcare or other high-impact decisions
• Help another person perform a prohibited activity

We may investigate suspected misuse and limit or suspend access where reasonably necessary.

Audit reports are provided for your internal business use.

You may:

• Share a report within your organization
• Share it with professional advisers or contractors working for your organization
• Use its findings to inform internal planning
• Quote limited portions for legitimate business purposes with appropriate context and attribution

You may not, without our written permission:

• Sell or commercially redistribute a report
• Publish the complete report
• Remove The Branded Agency’s attribution
• Alter a report in a misleading way
• Present the report as an independent certification, guarantee or accreditation
• State or imply that The Branded Agency endorses a business, product or claim
• Use the report to mislead investors, customers, lenders or regulators
• Build or train a competing audit product from the report structure, weights or methodology

Report links may be private, authenticated, time-limited or revoked.

If you believe a finding is inaccurate, incomplete or based on outdated information, you may contact us or use any correction process made available through the Service.

We may:

• Review the identified evidence
• Correct factual errors
• Update the report
• Add context or a qualification
• Decline a change where the available evidence supports the original finding

A disagreement with an interpretation does not necessarily mean that the Service is defective.

The Service and its original content are owned by or licensed to The Branded Agency.

This includes:

• Software and source code
• Interface design
• Audit structure and workflows
• Scoring frameworks and category weights
• Prompts and processing logic
• Report templates
• Written explanations
• Graphics and visual assets
• Trademarks and branding
• Brand Health Score terminology
• The Golden Spiral™ Methodology
• Brand-Backed Performance™

Except for the limited right to use the Service under these Terms, no intellectual-property rights are transferred to you.

You may not use The Branded Agency’s names, trademarks or logos without written permission.

If you voluntarily provide feedback or suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free right to use that feedback to improve or develop our services.

This does not give us ownership of your confidential business materials or personal information.

Our collection, use and disclosure of personal information are described in the Privacy Policy.

By using the Service, you acknowledge that information may be processed by service providers in Canada, the United States or other jurisdictions.

The Service may depend on or link to third-party platforms, websites, data sources and applications.

We do not control and are not responsible for:

• Third-party availability
• Changes to third-party APIs
• Search-engine or social-platform restrictions
• Content published by third parties
• Third-party privacy or security practices
• The accuracy of third-party data
• Actions taken by an independently operated AI assistant

Your use of third-party services is governed by their own terms.

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation.

The Service may be unavailable because of:

• Maintenance
• Security incidents
• Provider outages
• Network failures
• Platform restrictions
• Changes to third-party services
• Events outside our reasonable control

We may modify, suspend or discontinue some or all of the Service. Where reasonably practical, we will provide notice of a material discontinuation affecting active users.

Some features are provided without charge. We may introduce paid features, plans or usage limits in the future.

We will disclose applicable fees before you incur them. Using a free audit does not obligate you to purchase services from The Branded Agency.

We may restrict, suspend or terminate access if we reasonably believe that:

• You violated these Terms
• Your activity creates a security or legal risk
• Your activity threatens the availability or cost of the Service
• You used the Service fraudulently or abusively
• Continued access could harm another user, The Branded Agency or a third party

You may stop using the Service at any time and may request account deletion subject to our Privacy Policy.

Sections that should reasonably survive termination—including intellectual property, report restrictions, disclaimers, limitation of liability, indemnification and governing law—will remain in effect.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.”

The Branded Agency disclaims all warranties and conditions, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted availability.

We do not warrant that:

• Every relevant source will be accessible
• Every finding will be accurate
• Every error will be corrected
• The Service will meet every business requirement
• Third-party platforms will continue to permit access
• The Service will be free of harmful components

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

To the maximum extent permitted by law, The Branded Agency and its directors, officers, employees, contractors and affiliates will not be liable for:

• Indirect, incidental, special, punitive or consequential damages
• Lost profits, revenue, business, opportunities, goodwill or data
• Decisions made based on an audit
• Changes to search rankings, AI visibility or platform performance
• Third-party services, data or actions
• Unauthorized access not caused by our failure to use reasonable safeguards
• Events outside our reasonable control

To the maximum extent permitted by law, our total aggregate liability relating to the free Service will not exceed CAD $100.

For a paid feature, our total aggregate liability relating to that feature will not exceed the amount you paid for that feature during the 12 months preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory of liability and even if we were advised that damages were possible.

Some jurisdictions do not permit certain limitations. In those jurisdictions, the limitations apply only to the extent legally permitted.

To the extent permitted by law, you agree to indemnify and hold harmless The Branded Agency and its directors, officers, employees, contractors and affiliates from claims, damages, liabilities, costs and reasonable legal fees arising from:

• Information or materials you were not authorized to submit
• Your unlawful or prohibited use of the Service
• Your violation of these Terms
• Your infringement of another person’s rights
• Your misuse or misleading publication of an audit report
• Activity performed through an agent or integration you authorized

This obligation does not apply to the extent a claim was caused by The Branded Agency’s own unlawful conduct or negligence.

These Terms are governed by the laws of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.

The courts located in Vancouver, British Columbia will have exclusive jurisdiction over disputes relating to these Terms or the Service, except where applicable consumer law requires otherwise.

Before beginning formal proceedings, you agree to make a reasonable effort to resolve the dispute by contacting us.

We may update these Terms as the Service changes.

The revised Terms will be posted with a new “Last updated” date. Where changes are material, we may provide additional notice.

Your continued use after revised Terms take effect constitutes acceptance of those changes. If you do not agree, you must stop using the Service.

If any part of these Terms is found unenforceable, the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver of that provision.

You may not assign your rights under these Terms without our written consent. We may assign these Terms as part of a merger, restructuring, financing, acquisition or sale of business assets.

These Terms, together with the Privacy Policy and any additional terms presented for a specific feature, form the entire agreement concerning the Service.

Questions concerning these Terms may be directed to:

The Branded Agency Inc.
Suite 506, 1231 Pacific Boulevard
Vancouver, British Columbia V6Z 0E2
Canada

Email: hello@brandedagency.com
Telephone: +1 (236) 987-6005