Welcome to Brenneis AI, operated by Brenneis Holdings LLC (“Brenneis AI,” “we,” “our,” or “us”).
These Terms of Service (“Terms”) govern your access to and use of https://www.brenneisai.com, including all content, functionality, products, services, and communications (including application-to-person (A2P) SMS messaging) that we provide (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
1. Eligibility & Account Responsibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into binding contracts.
You agree to provide accurate, complete, and current information and to safeguard all login credentials. You are responsible for all activity conducted under your account.
2. Our Services
Brenneis AI provides digital marketing, website development, and automation services for small businesses and nonprofits. Our Services include, but are not limited to:
Custom smart-website builds
Automated lead and client journey development
CRM and pipeline setup
Platform hosting
Ongoing system maintenance and support
Services are delivered through a combination of one-time project fees and recurring monthly subscription plans. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
3. User Content & License
User Content means any data, text, graphics, files, or other materials you submit or upload through the Services.
Ownership
You retain ownership of your User Content.
License Grant
You grant Brenneis AI a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and modify your User Content solely as necessary to operate, improve, and promote the Services.
Warranty
You represent and warrant that you own or have all necessary rights to grant this license and that your User Content does not violate any law or third-party rights.
4. Acceptable Use & SMS Compliance
You agree not to:
Violate any applicable law, regulation, or industry guideline (including TCPA and CTIA rules for SMS messaging)
Infringe intellectual property, privacy, or publicity rights
Transmit spam, malware, or harmful or malicious code
Reverse engineer, decompile, or attempt unauthorized access to our systems
Use the Services to build or market a competing product or service
SMS / A2P Compliance & Carrier Fines
You are solely responsible for the content of text messages sent through the Services. You agree to comply with all TCPA, CTIA, and mobile carrier requirements, including maintaining valid opt-in consent records.
Indemnification for Fines
If a mobile carrier or regulatory authority issues a fine, penalty, or enforcement action against Brenneis AI arising from your messaging traffic (including spam complaints, unregistered traffic, or severity threshold violations), you agree to pay the full amount of such fine immediately upon demand.
5. Payments, Subscriptions & Refunds
5.1 One-Time Project Fees
All one-time website builds and automation projects require payment in two installments:
50% Deposit — Due upon signing the Client Service Agreement (required to commence work)
50% Final Payment — Due upon Go-Live, prior to final launch and transfer of administrative access
5.2 Subscription Services
Upon Go-Live of one-time project work, clients are enrolled in a monthly subscription plan to power, host, and maintain the system.
Billing Cycle: Subscription fees are billed on the same calendar day each month
Cancellation: To avoid renewal charges, cancellation requests must be submitted to [email protected] at least five (5) business days before the next billing date
5.3 Project Dormancy (“Stalled Projects”)
We schedule resources based on active project timelines. To prevent indefinite delays:
Billing Start Date: Subscription billing begins on the earlier of:
(a) 30 days after Go-Live, or
(b) 60 days after the initial 50% deposit date,
unless delays are caused solely by Brenneis AI
Force Completion: If you fail to provide required assets (content, credentials, approvals, or feedback) for more than 45 days, Brenneis AI may immediately invoice the final 50% project fee and convert the account to Maintenance Mode
5.4 Refunds & Chargebacks
No Refunds
Due to the custom, labor-intensive, and intellectual-property-based nature of our Services, all fees are non-refundable, including deposits, final project payments, and subscription fees.
Chargeback Policy
You agree to contact us to resolve billing issues before initiating a chargeback. If a chargeback is initiated without prior communication, we reserve the right to:
Immediately terminate all Services
Delete associated data
Pursue recovery of disputed funds plus a $50 administrative fee
6. Intellectual Property Rights
6.1 Client Ownership
Upon full payment, you own:
The User Content you provided
The visual front-end design of the website delivered to you
6.2 Brenneis AI Ownership (Background IP)
Brenneis AI retains ownership of all pre-existing and underlying intellectual property, including:
Automation workflows
System architectures
Templates, snapshots, and frameworks
Proprietary methodologies and code
License to Use
You are granted a perpetual, non-exclusive, non-transferable license to use these systems solely for your internal business operations.
Restrictions
You may not resell, duplicate, white-label, sublicense, or package our automation workflows or templates as your own product for third-party sale.
7. Third-Party Links & Integrations
The Services may include integrations with or links to third-party platforms such as n8n, QuickBooks, Stripe, GoHighLevel, or others.
We do not control and are not responsible for third-party functionality, outages, content, or policies. Use of third-party services is at your own risk and subject to their respective terms.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee uninterrupted service, error-free operation, security, or specific results.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BRENNEIS AI AND ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL.
OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:
$100 USD, or
The amount you paid us in the six (6) months preceding the claim
10. Indemnification
You agree to defend, indemnify, and hold harmless Brenneis AI and its officers, directors, and employees from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
Your use of the Services
Your User Content
Your violation of these Terms
Carrier or regulatory fines related to your SMS or email traffic
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.
Informal Resolution
Before initiating formal proceedings, you agree to email [email protected] and allow 30 days for informal resolution.
Arbitration
Unresolved disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Charlottesville, Virginia.
Class Action Waiver
You waive any right to participate in a class action lawsuit.
12. Termination
We may suspend or terminate access to the Services at any time, with or without cause, including for non-payment or Acceptable Use violations.
Sections 3, 4, 5, 6, 8, 9, 10, and 11 survive termination.
13. Changes to These Terms
We may update these Terms periodically. The “Last Updated” date reflects the most recent revision. Continued use of the Services after changes constitutes acceptance.
14. Contact Us
For questions regarding these Terms, please contact:
Brenneis Holdings LLC
Attn: Legal Department
PO Box 691
Crozet, VA 22932
Brenneis AI