Terms of Service

Brand Breakers LLC · Effective date set on publication

1. Who we are and this agreement

Brand Breakers LLC, an Illinois limited liability company doing business as Brand Breakers Card ("Brand Breakers," "we," "us"), provides the websites at brandbreakerscard.com and its subdomains, the Brand Breakers mobile apps, the physical cards we sell, and the related software and services (together, the "Service").

These Terms of Service, together with our Privacy Policy and any rules shown to you for a particular feature or offer (for example, affiliate program rules or the terms of a promotion), form the agreement between you and us (the "Terms"). You accept the Terms when you create an account, activate a card, tick a box that refers to them, place an order, or use the Service. If you do not agree, do not use the Service.

If you use the Service for a business or other organization, you confirm you have authority to bind it. "You" then means you and that organization.

2. Who can use the Service; accounts

• Age. You must be at least 18 years old (or the age of majority where you live, if higher) to create an account, buy from us or join the affiliate program. The Service is not directed to children under 13, and they may not use it.
• Accurate information. Give us true, current and complete information and keep it up to date.
• Security. You are responsible for everything done under your account and for keeping your password, card PIN and sign-in links private. Tell us at once at [email protected] if you suspect unauthorized use. We are not liable for losses caused by someone using your credentials before you tell us.
• One person per account. Accounts are personal and may not be shared, sold or transferred without our written consent.
• Company accounts and team cards. A company account may give cards to its team members. The company may see and manage those cards, lock design choices, set the card page, and see leads, reports and activity from cards it issued, as described in the dashboard. If you accept a card from a company, you agree the company has that access, and that the company may take the card back or turn it off. Disputes between a company and its team members are between them.

3. The Service

The Service lets you create a digital business card and public card page, share it by NFC tap, QR code or link, collect contacts through card exchanges, forms and bookings, organize them in a CRM, and market to them with campaigns and automations, along with related tools. Features depend on your plan.

• Changes. We continually improve the Service and may add, change or remove features, including by turning features on or off for some accounts first. If we remove a core paid feature you rely on, we will tell you in advance where reasonable, and if you prepaid for a period you may ask for a pro-rated refund of the unused part.
• Previews. Features labelled preview, beta or early access are provided as they are, may change or stop, and are excluded from any service commitments.
• Availability. We aim to keep the Service available but do not promise it will be uninterrupted. Maintenance, outages of providers we rely on, and events outside our control can interrupt it.
• Your devices. NFC tapping depends on the other person's phone, its settings and its operating system. We do not promise that every phone can read a card. The QR code and link always work as alternatives.
• Your copies. You are responsible for keeping your own copies of content and contacts that matter to you. You can export your contacts from the dashboard.

4. Physical cards

• What you buy. When you buy a card you buy the physical card. The card number, PIN, card page and the online Service are provided under these Terms, and continued access is subject to them. A card works only while it is linked to an active account in good standing.
• Activation. Each card has a card number and a PIN. The first person to activate a card with its PIN becomes its holder. Keep the PIN private. Tell us at once if a card is lost or stolen. We can turn a card off, and once you have proved you are the holder we can move your account to a replacement card. Replacements may cost a fee.
• Card numbers. Card numbers and their web addresses belong to us. We may reassign a number that was never activated, or that belongs to a closed account, after giving any notice the law requires.
• Orders and shipping. We may refuse or cancel any order, for example for suspected fraud or pricing errors, and will refund any amount charged for a cancelled order. Delivery dates are estimates. Risk of loss passes to you on delivery to the carrier when the law allows, and otherwise on delivery to you.
• Returns and refunds. You may return a card that has never been activated within 30 days of delivery for a refund of the card price. Shipping costs are not refunded unless we sent the wrong or a defective item. We replace defective cards reported within 30 days of delivery. Cards printed or customized to your order, and cards that have been activated, cannot be returned unless they are defective. Your rights under consumer law are not affected.
• Plan time included with a card. Some cards come with a period of a paid plan. That time starts when the card is activated, applies to the account that activates it, has no cash value, cannot be transferred, and is not refunded if you stop using the Service early. When it ends, your account moves to the free plan unless you choose a paid plan.

5. Plans, subscriptions and billing

Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly or yearly) at the price then in effect, and we charge your payment method on file until you cancel. You can cancel at any time from the billing page of your dashboard, or by emailing [email protected]. Cancelling stops the next renewal. Your plan stays active until the end of the period you have paid for.

• Yearly plans. We will email you a reminder between 30 and 60 days before a yearly plan renews, with the price and how to cancel.
• Free trials and promotions. If a plan starts with a free or discounted period, we tell you when it ends and what you will be charged. Unless you cancel before then, the plan continues at the regular price.
• Price changes. We will give you at least 30 days' notice of a price increase. The new price applies from your next renewal after the notice period. If you do not agree, cancel before then.
• Refunds. Except where these Terms or the law say otherwise, payments are non-refundable and we do not give refunds or credits for partial periods, unused features or downgrades.
• Taxes. Prices do not include taxes unless stated. You pay any applicable sales, use or similar taxes.
• Failed payments. If a payment fails we may retry it, and we may move your account to the free plan if it is not paid. You authorize us and our payment processor to update your card details through card network updater services.
• Changing plans. If you move to a plan with fewer features, content that plan does not include (for example extra card looks or a photo gallery) is kept but hidden, and returns if you upgrade again. Limits on the lower plan, such as monthly email allowances, apply from the change.
• Founding member and lifetime offers. A "lifetime" or "founding member" plan means for as long as we offer the Service and your account stays in good standing. It covers the plan as it exists at any time, and its features may change like any other plan. It cannot be transferred and ends if the account is closed for breach of these Terms.
• App store purchases. If you subscribe through Apple or Google, their terms govern billing, renewal, cancellation and refunds, and you manage the subscription through them.
• Chargebacks. If you dispute a charge with your bank instead of contacting us, we may suspend the account while the dispute is open.

6. Payments you collect

Some features let you take payment from your own customers, for example for bookings or invoices.

• Your own payment account. When you connect your own Stripe account (or another provider we support), the payment provider processes those payments under its own agreement with you. For Stripe that is the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. You authorize us to share your information with the provider and to direct payments and platform fees through it as the feature describes.
• Platform fees. We may charge a platform fee on payments you collect, at the rate shown for your plan when you take the payment. We will give you at least 30 days' notice before raising it.
• You are the seller. You are the seller of your services and are responsible for them, for your prices, refunds, cancellations and customer service, for taxes on your sales, and for disputes and chargebacks from your customers. We are not a bank, money transmitter or party to your sales.
• Where we collect for you. If a feature has us collect a payment on your behalf, we receive it as your limited agent. A customer's payment to us counts as payment to you. We pay you the amount due less our fees on the schedule the feature shows, and may hold amounts that are under dispute or suspected of fraud.

7. Your content and your card page

• Yours. You own what you put into the Service: your name, photos, text, links, files, forms and so on ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, copy, display, adapt (for example resize or crop), send and otherwise use Your Content to run, protect and improve the Service and to show it where you choose to share it. This license ends when you delete the content or your account, except for copies in backups kept for a limited time, content you shared that others already received (for example a saved contact), and anything we must keep by law.
• Public by design. Your card page is public. Anyone with the link, QR code or card can see what you put on it, and search engines may index it. Do not put anything on it you do not want to be public.
• Your promises. You confirm you have the rights to Your Content, that it is accurate, and that it does not break the law or anyone's rights, including copyright, trademark, privacy and publicity rights. Get consent before putting another person's image or details on your card.
• Things we may do. We do not review all content, but we may remove or hide content, or turn off a card, that we reasonably believe breaks these Terms or the law, or puts people or the Service at risk.
• Showcasing. We may show your public card page, name and logo as an example of the Service, unless you ask us not to by emailing [email protected].

8. Contacts, leads and marketing

When people exchange details with you, fill in your forms, book with you or scan your QR codes, the Service collects information about them for you. The legal roles are as follows.

• You control your contacts. For personal information about your contacts and customers ("Contact Data"), you decide why and how it is used, and we process it on your behalf and on your instructions as your service provider. We do not sell Contact Data or use it to market our own products to your contacts. See "Information we handle for our users" in the Privacy Policy.
• Your legal duties. You are responsible for having a lawful basis and any consent needed to collect and use Contact Data, for telling people how you will use it, and for honoring their requests, for example to delete their details.
• Email and messages. You must follow all laws on marketing messages, including the CAN-SPAM Act and, where they apply, laws such as Canada's anti-spam law and the GDPR. Only send marketing to people who agreed to hear from you or with whom you have a relationship that allows it. Include accurate sender details. Never remove or hide the unsubscribe link we add, and do not email anyone who has unsubscribed. Do not send text messages or make automated or prerecorded calls through or with data from the Service without the prior express written consent the Telephone Consumer Protection Act and similar laws require.
• Our limits. We may set and enforce sending limits, pause campaigns or automations that draw high complaint or bounce rates, and stop sending to addresses that bounce or complain. We send email through providers who have their own rules, and we may enforce them.
• Location. If you ask people for their location (for example "where we met"), it is optional for them, and you must use it only for that purpose.
• Visitor analytics you add. If you add your own analytics or tracking code to your card page, you are responsible for any notice and consent it legally requires.

9. The BB Assistant (AI)

• What it does. The BB Assistant uses artificial intelligence to answer questions about your account and, when you ask, to take actions for you in the Service, such as moving a contact in your pipeline, adding a note or setting a follow-up. Actions are limited to what the Assistant is designed to do. Many can be undone for a limited time, as the Assistant tells you.
• Check its work. AI output can be wrong, incomplete or out of date. Review suggestions and actions before relying on them. You are responsible for actions taken on your instructions and for messages you choose to send. The Assistant does not give legal, financial, tax or other professional advice.
• Limits and charges. Plans include a monthly amount of Assistant use. Further use may be limited or charged as shown in the dashboard before you use it.
• Providers. To answer you, the Assistant sends your request and the account information needed for it to our AI provider, under terms that do not let the provider use it to train its models. See the Privacy Policy.
• Prohibited uses. Do not use the Assistant to create unlawful, deceptive or harmful content, or to try to get around these Terms or the Assistant's safeguards.

10. Connected services

You can connect services such as Google, Microsoft, Zapier, Apple Wallet and Google Wallet, payment providers and embedded media. When you do, you authorize us to exchange information with them as the feature describes. Their own terms and privacy policies govern your use of them. We are not responsible for third-party services, their availability or their changes, and we may stop supporting one at any time. You can disconnect a service at any time.

11. Affiliate program

• Rules. If you take part in our affiliate or referral program, these Terms and the program rules shown in your dashboard apply. The rules set out commission rates, tiers, holding periods and payout minimums, and we may change them going forward with notice.
• When commissions are earned. Commissions are earned only on qualifying, paid and non-refunded sales by customers you genuinely referred. Commissions are held for the holding period before payout, and are reversed if the sale is refunded, charged back or cancelled. We may claw back or set off commissions paid on such sales.
• Not allowed: referring yourself, your own accounts or people at your address without our consent; spam; bidding on our brand names in paid search; misleading claims about us or our products; coupon or cashback sites; and any fraud. We may withhold commissions connected to a breach and remove you from the program.
• Payouts and taxes. Payouts may require you to complete onboarding with our payout provider and give tax information (for example a W-9). You are responsible for your taxes. You are an independent contractor, not our employee, agent or partner.
• Changes. We may change or end the program. If we end it, we pay commissions already earned under the rules in effect when they were earned.

12. Acceptable use

You must not, and must not help anyone to:

• break any law or anyone's rights, or use the Service for anything illegal, fraudulent or deceptive;
• pretend to be someone else, or misrepresent who you are or who you work for;
• post content that is sexually explicit, exploits minors, harasses or threatens anyone, promotes violence or hate against protected groups, or links to malware or phishing;
• send spam or collect personal information without permission, including by scraping the Service or other users' card pages;
• upload or link to content you do not have the right to share;
• try to break, probe or get around our security, rate limits or access controls, or access accounts or data that are not yours;
• overload or disrupt the Service, or use bots or automated means to access it except through features or interfaces we provide for that;
• copy, sell, resell or rent the Service, or reverse engineer it except where the law allows despite this restriction;
• use the Service to build a competing product, or to train AI models;
• use the Service where it would break export control or sanctions laws.

13. Our property and feedback

The Service, including its software, designs, card looks, templates, text, logos and the Brand Breakers names and marks, belongs to us and our licensors and is protected by law. We give you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service under these Terms. All rights not expressly granted are reserved. If you send us ideas or feedback, we may use them freely without any obligation to you.

14. Copyright complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent at [email protected] or by mail to Brand Breakers LLC, Attn: Copyright Agent, 4517 S State St, Chicago, IL 60609. Include the information 17 U.S.C. § 512(c)(3) requires. We may remove content in response, notify the person who posted it, and accept counter-notices as the law provides. We end the accounts of repeat infringers in appropriate circumstances.

15. Suspension and termination

• By you. You can stop using the Service and close your account at any time from your dashboard or by contacting us.
• By us. We may suspend or end your access, turn off cards, or remove content if you break these Terms or the law, if you do not pay, if we must do so by law, or if your use creates risk or possible legal exposure for us, other users or the public. Where reasonable we tell you first and give you a chance to fix the problem. We may also end the Service as a whole with at least 60 days' notice, refunding any prepaid amounts for the time after it ends.
• After closing. For 30 days after an account closes (unless it was closed for a serious breach or by law) you may ask us to export your contacts. After that we may delete your account data as the Privacy Policy describes. Cards linked to the account stop working.
• What continues. Sections that by their nature should continue after the Terms end do so, including sections 5 (amounts owed), 7, 8, 11 (earned commissions and clawbacks) and 13 to 23.

16. Disclaimers

To the fullest extent the law allows, the Service, the cards and everything provided through them are provided "as is" and "as available," without warranties of any kind, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure or error free, that data will not be lost, that every device can read a card, that AI output or other information is accurate, or that the Service will produce any particular business results.

Some places do not allow some of these exclusions, so some may not apply to you. Where the law does not allow implied warranties to be excluded, they are limited to 90 days from purchase.

17. Limitation of liability

To the fullest extent the law allows: (a) neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, even if advised they were possible; and (b) our total liability for all claims relating to the Service or these Terms is limited to the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or one hundred US dollars (US $100).

These limits apply whatever the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct, or your obligations to pay us and under section 18.

18. Indemnity

You will defend, indemnify and hold harmless Brand Breakers and its members, officers, employees and agents from and against claims, losses, damages, fines and costs (including reasonable attorneys' fees) brought by third parties or authorities that arise from Your Content, your Contact Data and your marketing, the goods and services you sell, your breach of these Terms or the law, or your violation of anyone's rights. We will tell you promptly about any such claim and may take part in the defense with counsel of our choice. You may not settle a claim in a way that admits fault for us or binds us without our consent.

19. Disputes and arbitration

Please read carefully. This section affects your legal rights.

Talk to us first

Before starting a claim, the party with the dispute must send a written notice describing it and the relief sought: to us at [email protected] and 4517 S State St, Chicago, IL 60609; to you at your account email. Both parties will then try in good faith to resolve it for 60 days, including in a call if either asks. Time limits for bringing a claim are paused during this period.

Binding individual arbitration

If it is not resolved, any dispute, claim or controversy relating to the Service or these Terms, including about their scope, validity or arbitrability, will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use the Service for business), as modified here. The Federal Arbitration Act governs this section. A single arbitrator decides. Hearings may be by video or phone, or in person in the county where you live, or in Cook County, Illinois, for business users. For consumer claims, we pay the filing, administration and arbitrator fees beyond the amount you would pay to file in court, unless the arbitrator finds the claim frivolous.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies, and either party may go to court to stop infringement or misuse of intellectual property or to stop unauthorized access to the Service.

No class actions

You and we may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not combine claims of different people or award relief to anyone not a party. You and we each waive any right to a jury trial.

If this class waiver is found unenforceable for a claim, that claim (and only that claim) proceeds in court and is paused until the individual arbitration ends. Public injunctive relief that the law does not allow to be waived may be sought only in court, after the arbitration of any individual claims.

Many similar claims

If 25 or more similar demands are filed against us by or with the help of the same law firm or organized group, the AAA's Mass Arbitration Supplementary Rules apply, the demands are handled in batches of up to 50, and time limits are paused while they wait to be heard. Each side keeps the right to ask a court to rule on whether this paragraph has been followed.

Your right to opt out

You can reject this section 19 by emailing [email protected] from your account email within 30 days of first agreeing to these Terms, saying that you opt out of arbitration. Opting out does not affect the rest of the Terms.

Changes to this section

If we change this section, the change does not apply to a dispute that you or we had already notified to the other.

20. Governing law

These Terms are governed by the laws of the State of Illinois and applicable US federal law, without regard to conflict of laws rules. Subject to section 19, the state and federal courts in Cook County, Illinois, have exclusive jurisdiction, and both parties consent to them. If you are a consumer, this does not take away protections that the law where you live gives you and that cannot be waived by agreement.

21. Apps from app stores

If you got our app from the Apple App Store or Google Play, these Terms are between you and us only, not the store. We, not the store, are responsible for the app and its content, maintenance, support, warranty (if any), and for handling claims about it, including product liability, legal compliance and intellectual property claims. If the app fails to meet an applicable warranty you may notify Apple, and Apple may refund the app's purchase price. Apple has no other warranty obligation. You confirm you are not in a country subject to a US embargo and are not on a US government restricted list. Apple and its subsidiaries are third-party beneficiaries of these Terms for apps from the App Store and may enforce them against you. You must also follow the store's usage rules.

22. Changes to these terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the Service before they take effect, unless the change is required sooner by law or to address a security or legal risk. The updated Terms apply from their effective date. Using the Service after that date means you accept them. If you do not agree, stop using the Service and cancel before then.

23. General terms

• Electronic communications. You agree to receive notices, agreements and other communications from us electronically, by email or in the Service, and that they satisfy any requirement that they be in writing. Service messages about your account and billing are not marketing and cannot be turned off while you have an account.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example with a merger or sale of our business.
• Events beyond control. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
• Severability and waiver. If a provision is unenforceable, it is changed to the minimum extent needed and the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Entire agreement. These Terms are the whole agreement between us about the Service and replace earlier terms, including those on our Shopify store, for use of the Service after their effective date. If these Terms conflict with a feature's specific rules, the specific rules apply to that feature.
• No third-party rights. Except as stated in section 21, no one else has rights under these Terms.
• Headings and summaries. Headings and summaries are for convenience only. "Including" means "including without limitation."

24. Contact

Brand Breakers LLC (Brand Breakers Card)
4517 S State St, Chicago, IL 60609
[email protected] · (833) 755-2763